[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2001 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    41


          Chapter 101

                         Revised as of July 1, 2001

Public Contracts and Property Management





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2001
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2001



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
 Internet: bookstore.gpo.gov    Phone: (202) 512-1800    Fax: (202) 512-
                                   2250
                Mail: Stop SSOP, Washington, DC 20402-0001



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 41:
    Subtitle C--Federal Property Management Regulations 
      System:
          Chapter 101--Federal Property Management Regulations       5
  Finding Aids:
      Table of CFR Titles and Chapters........................     579
      Alphabetical List of Agencies Appearing in the CFR......     597
      Redesignation Table.....................................     607
      List of CFR Sections Affected...........................     609



[[Page iv]]


      


                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 41 CFR 101-1.100 
                       refers to title 41, part 
                       101-1, section 100.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2001, consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.access.gpo.gov/nara (``GPO Access''). For more 
information, contact Electronic Information Dissemination Services, U.S. 
Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-
free). E-mail, [email protected].

[[Page vii]]

    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2001.



[[Page ix]]



                               THIS TITLE

    Title 41--Public Contracts and Property Management consists of 
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal 
Property Management Regulations System; Subtitle D is reserved for other 
provisions relating to property management, Subtitle E--Federal 
Information Resources Management Regulations System and Subtitle F--
Federal Travel Regulation System.

    As of July 1, 1985, the text of subtitle A is no longer published in 
the Code of Federal Regulations. For an explanation of the status of 
subtitle A, see 41 CFR chapters 1--100 (page 3).

    Other government-wide procurement regulations relating to public 
contracts appear in chapters 50 through 100, subtitle B.

    The Federal property management regulations in chapter 101 of 
subtitle C are government-wide property management regulations issued by 
the General Services Administration. In the remaining chapters of 
subtitle C are the implementing and supplementing property management 
regulations issued by individual Government agencies. Those regulations 
which implement chapter 101 are numerically keyed to it.

    The Federal Travel Regulation System in chapters 300-304 of subtitle 
F is issued by the General Services Administration.

    Title 41 is composed of four volumes. The chapters in these volumes 
are arranged as follows: Chapters 1--100, chapter 101, chapters 102--
200, and chapter 201 to End. These volumes represent all current 
regulations codified under this title of the CFR as of July 1, 2001.

    Redesignation tables appear in the finding aids section of the 
volumes containing chapter 101 and chapters 102 to 200.

[[Page x]]




[[Page 1]]



           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT




                    (This book contains chapter 101)

  --------------------------------------------------------------------
                                                                    Part

       SUBTITLE C--Federal Property Management Regulations System:

chapter 101--Federal Property Management Regulations........       101-1

[[Page 3]]

       Subtitle C--Federal Property Management Regulations System

[[Page 5]]



          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS




  --------------------------------------------------------------------

                          SUBCHAPTER A--GENERAL

Part                                                                Page
101-1           Introduction................................           7
101-3           Annual real property inventories............           9
101-4           Nondiscrimination on the basis of sex in 
                    education programs or activities 
                    receiving Federal financial assistance..          13
101-5           Centralized services in Federal buildings 
                    and complexes...........................          30
101-6           Miscellaneous regulations...................          39
101-8           Nondiscrimination in Federal financial 
                    assistance programs.....................          73
101-9           Federal mail management.....................          89
                         SUBCHAPTER B [RESERVED]
                     SUBCHAPTER C--DEFENSE MATERIALS
101-14--101-15  [Reserved]

  

                SUBCHAPTER D--PUBLIC BUILDINGS AND SPACE
101-16          [Reserved]
101-17          Assignment and utilization of space.........          96
101-18          Acquisition of real property................          96
101-19          Construction and alteration of public 
                    buildings...............................         109
101-20          Management of buildings and grounds.........         212
101-21          Federal Buildings Fund......................         233
Appendix to Subchapter D--Temporary Regulations.............         234
                  SUBCHAPTER E--SUPPLY AND101-22--101-24  [Reserved]
101-25          General.....................................         237
101-26          Procurement sources and program.............         251
101-27          Inventory management........................         283
101-28          Storage and distribution....................         293
101-29          Federal product descriptions................         298
101-30          Federal catalog system......................         304

[[Page 6]]

101-31          Inspection and quality control..............         319
101-32          [Reserved]

101-33          Public utilities............................         319
101-34          [Reserved]

Appendix to Subchapter E--Temporary Regulations [Reserved]
    SUBCHAPTER F--MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES
101-35          Telecommunications management policy........         323
       SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES
101-37          Government aviation administration and 
                    coordination............................         330
101-38          Motor vehicle management....................         352
101-39          Interagency fleet management systems........         352
101-40          Transportation and traffic management.......         366
101-41          Transportation documentation and audit......         366
Appendix to Subchapter G--Temporary Regulations [Reserved]
                 SUBCHAPTER H--UTILIZATION AND DISPOSAL
101-42          Utilization and disposal of hazardous 
                    materials and certain categories of 
                    property................................         367
101-43          Utilization of personal property............         391
101-44          Donation of personal property...............         391
101-45          Sale, abandonment, or destruction of 
                    personal property.......................         437
101-46          Replacement of personal property pursuant to 
                    the exchange/sale authority.............         478
101-47          Utilization and disposal of real property...         482
101-48          Utilization, donation, or disposal of 
                    abandoned and forfeited personal 
                    property................................         556
101-49          Utilization, donation, and disposal of 
                    foreign gifts and decorations...........         567
Appendix to Subchapter H--Temporary Regulations.............         567

[[Page 7]]





                          SUBCHAPTER A--GENERAL





PART 101-1--INTRODUCTION--Table of Contents




                   Subpart 101-1.1--Regulation System

Sec.
101-1.100  Scope of subpart.
101-1.101  Federal Property Management Regulations System.
101-1.102  Federal Property Management Regulations.
101-1.103  FPMR temporary regulations.
101-1.104  Publication and distribution of FPMR.
101-1.104-1  Publication.
101-1.104-2  Distribution.
101-1.105  Authority for FPMR System.
101-1.106  Applicability of FPMR.
101-1.107  Agency consultation regarding FPMR.
101-1.108  Agency implementation and supplementation of FPMR.
101-1.109  Numbering in FPMR System.
101-1.110  Deviation.
101-1.111  Retention of FPMR amendments.
101-1.112  Change lines.

Subparts 101-1.2--101-1.48  [Reserved]

                Subpart 101-1.49--Illustrations of Forms

101-1.4900  Scope of subpart.
101-1.4901  Standard forms. [Reserved]
101-1.4902  GSA forms.
101-1.4902-2053  GSA Form 2053, Agency Consolidated Requirements for GSA 
          Regulations and Other External Issuances.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 29 FR 13255, Sept. 24, 1964, unless otherwise noted.



                   Subpart 101-1.1--Regulation System



Sec. 101-1.100  Scope of subpart.

    This subpart sets forth introductory material concerning the Federal 
Property Management Regulations System: its content, types, publication, 
authority, applicability, numbering, deviation procedure, as well as 
agency consultation, implementation, and supplementation.



Sec. 101-1.101  Federal Property Management Regulations System.

    The Federal Property Management Regulations System described in this 
subpart is established and shall be used by General Services 
Administration (GSA) officials and, as provided in this subpart, by 
other executive agency officials, in prescribing regulations, policies, 
procedures, and delegations of authority pertaining to the management of 
property, and other programs and activities of the type administered by 
GSA, except procurement and contract matters contained in the Federal 
Acquisition Regulations (FAR).

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.102  Federal Property Management Regulations.

    The Federal Property Management Regulations (FPMR) are regulations, 
as described by Sec. 101-1.101, prescribed by the Administrator of 
General Services to govern and guide Federal agencies.



Sec. 101-1.103  FPMR temporary regulations.

    (a) FPMR temporary regulations are authorized for publication when 
time or exceptional circumstances will not permit promulgation of an 
amendment to the Code of Federal Regulations and if the regulation will 
be effective for a period of 12 months or less except as provided in 
Sec. 101-1.103(b), below. These temporary regulations will be codified 
before the designated expiration date or their effective date will be 
extended if it is determined that conversion to permanent form cannot be 
accomplished within the specified time frame.
    (b) FPMR temporary regulations may have an effective period of up to 
2 years when codification is not anticipated or is not considered 
practical.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.104  Publication and distribution of FPMR.



Sec. 101-1.104-1  Publication.

    FPMR will be published in the Federal Register, in looseleaf form, 
and in accumulated form in the Code of Federal Regulations. Temporary-
type FPMR will be published in the Notices

[[Page 8]]

section of the Federal Register\1\ and in looseleaf form.
---------------------------------------------------------------------------

    \1\ Editorial Note: FPMR temporary regulations are published in the 
Rules and Regulations section of the Federal Register and, if in effect 
on the revision date of the Code of Federal Regulations volume, in the 
appendixes to the subchapters in 41 CFR chapter 101.

[36 FR 4983, Mar. 16, 1971]



Sec. 101-1.104-2  Distribution.

    (a) Each agency shall designate an official to serve as liaison with 
GSA on matters pertaining to the distribution of FPMR and other 
publications in the FPMR series. Agencies shall report all changes in 
designation of agency liaison officers to the General Services 
Administration (CAR), Washington, DC 20405.
    (b) FPMR and other publications in the FPMR series will be 
distributed to agencies in bulk quantities for internal agency 
distribution in accordance with requirements information furnished by 
liaison officers. FPMR and other publications in the FPMR series will 
not be stocked by, and cannot be obtained from, GSA regional offices.
    (c) Agencies shall submit their consolidated requirements for FPMR 
and other publications in the FPMR series, including requirements of 
field activities, and changes in such requirements on GSA Form 2053, 
Agency Consolidated Requirements for GSA Regulations and Other External 
Issuances (illustrated at Sec. 101-1.4902-2053). The mailing address is 
shown on the form.

[36 FR 4983, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]



Sec. 101-1.105  Authority for FPMR System.

    The FPMR system is prescribed by the Administrator of General 
Services under authority of the Federal Property and Administrative 
Services Act of 1949, 63 Stat. 377, as amended, and other laws and 
authorities specifically cited in the text.



Sec. 101-1.106  Applicability of FPMR.

    The FPMR apply to all Federal agencies to the extent specified in 
the Federal Property and Administrative Services Act of 1949 or other 
applicable law.



Sec. 101-1.107  Agency consultation regarding FPMR.

    FPMR are developed and prescribed in consultation with affected 
Federal agencies.



Sec. 101-1.108  Agency implementation and supplementation of FPMR.

    Chapters 102 through 150 of this title are available for agency 
implementation and supplementation of FPMR contained in chapter 101 of 
this title. Supplementation pertains to agency regulations in the 
subject matter of FPMR but not yet issued in chapter 101.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.109  Numbering in FPMR System.

    (a) In the numbering system, all FPMR material is preceded by the 
digits 101-. This means that it is chapter 101 in title 41 of the Code 
of Federal Regulations. It has no other significance. The digit(s) 
before the decimal point indicates the part; the digits after the 
decimal point indicate, without separation, the subpart and section. For 
example:
[GRAPHIC] [TIFF OMITTED] TC05NO91.088

    (b) At the bottom of each page appears the number and date (month 
and year) of the FPMR amendment which transmitted it.
    (c) Agency implementing regulations should conform to the FPMR 
section numbers, except for the substitution of the chapter designation 
of the agency. Agency supplementing regulations should be numbered 
``50'' or higher for section, subpart, or part as may be involved.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.110  Deviation.

    (a) In the interest of establishing and maintaining uniformity to 
the greatest extent feasible, deviations; i.e., the use of any policy or 
procedure in any manner that is inconsistent with a policy or procedure 
prescribed in the Federal Property Management Regulations, are 
prohibited unless such deviations have been requested from the approved 
by

[[Page 9]]

the Administrator of General Services or his authorized designee. 
Deviations may be authorized by the Administrator of General Services or 
his authorized designee when so doing will be in the best interest of 
the Government. Request for deviations shall clearly state the nature of 
the deviation and the reasons for such special action.
    (b) Requests for deviations from the FPMR shall be sent to the 
General Services Administration for consideration in accordance with the 
following:
    (1) For onetime (individual) deviations, requests shall be sent to 
the address provided in the applicable regulation. Lacking such 
direction, requests shall be sent to the Administrator of General 
Services, Washington, DC 20405.
    (2) For class deviations, requests shall be sent to only the 
Administrator of General Services.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.111  Retention of FPMR amendments.

    Retention of FPMR amendments and removed pages will provide a 
history of FPMR issuances and facilitate determining which regulations 
were in effect at particular times.

[39 FR 40952, Nov. 22, 1974]



Sec. 101-1.112  Change lines.

    (a) Single-column format: Vertical lines in the right margin of a 
page indicate material changed, deleted, or added by the FPMR amendment 
cited at the bottom of that page. Where insertion of new material 
results in shifting of unchanged material on following pages, no 
vertical lines will appear on such pages but the FPMR amendment 
transmitting such new pages will be cited at the bottom of each page.
    (b) Double-column format: Arrows printed in the margin of a page 
indicated material changed, deleted, or added by the FPMR amendment 
cited at the bottom of that page.

[54 FR 37652, Sept. 12, 1989]

Subparts 101-1.2--101-1.48  [Reserved]



                Subpart 101-1.49--Illustrations of Forms



Sec. 101-1.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other subparts of this part 
101-1.

[36 FR 4983, Mar. 16, 1971]



Sec. 101-1.4901  Standard forms. [Reserved]



Sec. 101-1.4902  GSA forms.

    (a) The GSA forms are illustrated in this section to show their 
text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
GSA numbers.
    (b) GSA forms illustrated in Sec. 101-1.4902 may be obtained by 
addressing requests to the General Services Administration, National 
Forms and Publications Center-7 CAR-W, Warehouse 4, Dock No. 1, 501 West 
Felix Street, Forth Worth, TX 76115.

[36 FR 4984, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]



Sec. 101-1.4902-2053  GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances.

    Note: The form listed in Sec. 101-1.4902-2053 is filed as part of 
the original document. Copies of the form may be obtained from the 
General Services Administration (3BRD), Washington, DC 20407.

[36 FR 4984, Mar. 16, 1971]



PART 101-3--ANNUAL REAL PROPERTY INVENTORIES--Table of Contents




Sec.
101-3.000  Scope of part.

                   Subpart 101-3.1--General Provisions

101-3.100  Scope of subpart.
101-3.101  Background.
101-3.102  Program objectives.
101-3.103  Coverage.
101-3.104  Source of data.
101-3.105  Agency Liaison.

[[Page 10]]

 Subpart 101-3.2--Annual Reports--Real Property Owned by and Leased to 
                            the United States

101-3.200  Scope of subpart.
101-3.201  Reporting agency.
101-3.202  Coverage.
101-3.203  Exclusions.
101-3.204  Reports to be submitted.
101-3.205  Optional reporting method.
101-3.206  Preparation and due dates.
101-3.207  Supplementary information.

Subparts 101-3.3--101-3.48  [Reserved]

                   Subpart 101-3.49--Forms and Reports

101-3.4900  Scope of subpart.
101-3.4901  GSA forms.
101-3.4901-1166  GSA Form 1166: Annual Report of Real Property Owned by 
          or Leased to the United States.
101-3.4901-1166(I)  Instructions for the preparation of GSA Form 1166: 
          Annual Report of Real Property Owned or Leased to the United 
          States.
101-3.4901-1166(I-A)  Major cities.
101-3.4901-1209  GSA Form 1209: Summary of Number of Installations Owned 
          by or Leased to the United States.
101-3.4901-1209(I)  Instructions for the preparation of GSA Form 1209: 
          Summary of Number of Installations Owned by or Leased to the 
          United States.

    Authority: Sec. 205(c), 63 Stat. 390 40 U.S.C. 486(c).

    Source: 29 FR 15596, Nov. 20, 1964, unless otherwise noted.



Sec. 101-3.000  Scope of part.

    This part prescribes that procedures and forms for use by executive 
agencies in preparing annual reports necessary for the maintenance and 
publication of inventories of real property owned by and leased to the 
United States as of the last day of September of each fiscal year.

[54 FR 38673, Sept. 20, 1989]



                   Subpart 101-3.1--General Provisions



Sec. 101-3.100  Scope of subpart.

    This subpart deals with the background, objectives, and coverage of 
reports in connection with the real property owned by and leased to the 
United States.



Sec. 101-3.101  Background.

    (a) The inventory of Federal real property was initiated and is 
being continued at the request of the Senate Committee on 
Appropriations.
    (b) The House Committee on Government Operations requests data 
annually on all federally owned real property for inclusion in its real 
and personal property inventory reports.
    (c) Executive Order 12411 and related regulations require annual 
review of agency goals and plans in the area of space reduction and 
property disposals.

[29 FR 15596, Nov. 20, 1964, as amended at 54 FR 38673, Sept. 20, 1989]



Sec. 101-3.102  Program objectives.

    The principal objectives of the Governmentwide real property 
inventory program are:
    (a) To provide a centralized source of information on Federal real 
property holdings;
    (b) To track space utilization of reporting agencies;
    (c) To identify underutilized property;
    (d) To achieve the most effective control and economical 
Governmentwide utilization of available property;
    (e) To facilitate disposal of surplus property;
    (f) To evaluate the compliance of reporting agencies with the 
provisions of Executive Order 12411 and implementing regulations;
    (g) To provide a basis for the intelligent evaluation and appraisal 
of budgetary requirements; and
    (h) To establish a ready reference for answering inquiries from the 
Congress, the press, trade associations, educational institutions, 
Federal, State and local government agencies, and the general public.

[54 FR 38673, Sept. 20, 1989]



Sec. 101-3.103  Coverage.

    The inventory reports prescribed in this part 101-3 shall cover 
land, buildings, and other structures and facilities throughout the 
world, which are owned by or leased to the United States, including 
wholly-owned Federal Government corporations.

[[Page 11]]



Sec. 101-3.104  Source of data.

    Data reported shall be based on agency real property and accounting 
records.



Sec. 101-3.105  Agency Liaison.

    Each reporting agency shall designate an official to serve as agency 
representative for the real property inventories. The same 
representative should be designated for the federally owned and leased 
real property inventories, although separate representatives are 
permitted. The General Services Administration, Office of Governmentwide 
Policy, Washington, DC 20405, shall be advised in writing of the names 
of all such representatives and subsequent changes.

[54 FR 38674, Sept. 20, 1989]



 Subpart 101-3.2--Annual Reports--Real Property Owned by and Leased to 
                            the United States

    Source: 54 FR 38674, Sept. 20, 1989, unless otherwise noted.



Sec. 101-3.200  Scope of subpart.

    This subpart prescribes the procedures and forms to be used by 
executive agencies in connection with annual reports on real property 
owned by and leased to the United States.



Sec. 101-3.201  Reporting agency.

    Reports on real property owned by and leased to the United States 
shall be submitted by the agency responsible for the maintenance of real 
property records and accounts as prescribed by General Accounting Office 
principles and standards and illustrated in 2 GAO 1270 and 2 GAO 7030 
for owned property. For purposes of this inventory, the above rule shall 
apply regardless of the manner of acquisition or which agency is 
currently using the property. For example:
    (a) For general purpose buildings, such as office buildings or 
warehouses, which are occupied by a Federal agency or agencies upon 
determination by GSA, and for which GSA is responsible for elevator and 
guard service, and for cleaning and maintenance, GSA is the reporting 
agency.
    (b) For special purpose buildings, such as Coast Guard stations, 
military reservations, hospitals, and prisons, those agencies having 
control of building management and operation including authority to 
assign or reassign space in such buildings, will be considered as the 
reporting agencies.
    (c) For leased property, the agency currently administering the 
lease and making payments to the lessor, regardless of which agency 
executed the original lease or which agency is currently using the 
property.



Sec. 101-3.202  Coverage.

    The annual reports of real property owned by or leased to the United 
States shall cover land, buildings, and other structures and facilities 
owned by the United States throughout the world and all real property 
leased from private individuals, organizations, and municipal, county, 
state, and foreign governments, as evidenced by a written agreement 
involving a monetary consideration and a landlord-tenant relationship. 
It shall also include right of use and occupancy obtained under eminent 
domain proceedings or equivalent procedures. These reports shall include 
the following:
    (a) Unreserved public domain lands.
    (b) Public domain lands reserved for national forests, national 
parks, military installations, or other purposes.
    (c) Real property acquired by purchase, construction, donation, and 
other methods.
    (d) Real property in which the Government has a long-term interest 
considered by the reporting agency as being equivalent to ownership.
    (e) Buildings or other structures and facilities owned by or leased 
to the Government whether or not located on Government-owned land.
    (f) Excess and surplus real property. (The reporting agency, as 
defined in Sec. 101-3.201, shall continue to retain accountability and 
report excess and surplus real property pending its transfer to a 
Federal agency or disposal.)
    (g) Buildings being acquired under the terms of the Public Buildings 
Purchase Contract Program or Lease Purchase Agreements (39 U.S.C. 2103, 
40

[[Page 12]]

U.S.C. 356). Buildings shall be reported upon completion of 
construction. Separate annual reports shall also be submitted for real 
properties held in trust by the Federal Government.
    (h) Each lease executed for land only, with an annual rental of $500 
or more.
    (i) Each lease executed for a building location(s), other structures 
and facilities, or combination thereof (whether or not land is 
included), with a total annual rental of $2,000 or more.
    (j) Real property leased rent free or for a nominal rental rate may 
be included when the property is considered significant by the reporting 
agency. 35 Comp. Gen. 713 is suggested as a guide to help resolve 
questions pertaining to the definition of nominal payment.



Sec. 101-3.203  Exclusions.

    Annual inventory reports on real property owned by or leased to the 
United States shall not include the following:
    (a) Properties acquired through foreclosure, confiscation, or 
seizure to be liquidated in settlement of a claim or debt to the Federal 
Government.
    (b) Rights-of-way or easements granted to the Government.
    (c) Lands administered by the United States under trusteeship by 
authority of the United Nations.
    (d) Machinery and processing equipment which are not part of the 
realty.
    (e) Real property occupied under permit or other arrangements with 
other Federal agencies or wholly owned Federal Government corporations.
    (f) Leasehold improvements (Government-owned buildings or structures 
located on leased land shall be reported as owned); and
    (g) Real Property leased rent free or for nominal rent when property 
is not considered significant by the reporting agency.



Sec. 101-3.204  Reports to be submitted.

    (a) Each agency shall prepare in accordance with instructions in 
Sec. 101-3.4901-1166(I) and submit to GSA a separate report on GSA Form 
1166, Annual Report of Real Property Owned by or Leased to the United 
States (see Sec. 101-3.4901-1166) for:
    (1) Each newly acquired or previously omitted installation.
    (2) Each installation received by transfer from another Federal 
agency which is not merged with an existing installation.
    (3) Each installation with increases or decreases in cost of $5,000 
or more affecting any line item or the total for the installation.
    (4) Each installation declared excess or surplus in whole or in 
part.
    (5) Each disposal of a complete installation.
    (6) Each installation for which a revision of an entry on a previous 
report is necessary to reflect a change in the name of an installation, 
date or method of acquisition of property, acreage, number and/or floor 
area of buildings, or predominant usage category of land, buildings, or 
other structures and facilities.
    (7) Each new lease becoming effective during the reporting period.
    (8) Each renewed lease citing the new expiration date.
    (9) Change in annual rental rate.
    (b) It is only necessary to report changes since the last reporting 
period and only identification data and affected line items need be 
reported. However, agencies reporting for the first time under these 
revised regulations must report their entire owned and leased 
inventories.
    (c) Each agency shall prepare in accordance with instructions in 
Sec. 101-3.4901-1209(I) and submit to GSA a separate report on GSA Form 
1209, Summary of Number of Installations Owned by or Leased to the 
United States (see Sec. 101-3.4901-1209) for each bureau or other major 
organizational unit, for owned and leased real property. Reports on GSA 
Form 1209 shall be submitted whether or not changes have occurred since 
the previous report.



Sec. 101-3.205  Optional reporting method.

    Agencies with automated accounting systems may make arrangements 
with GSA, Office of Governmentwide Policy, to furnish detailed reports 
via magnetic tape input in lieu of GSA Form 1166. Each agency utilizing 
this method must obtain the automated reporting requirements from GSA, 
Office of Governmentwide Policy, before submitting any magnetic tape.

[[Page 13]]



Sec. 101-3.206  Preparation and due dates.

    The annual inventory reports prescribed in Sec. 101-3.204 shall be 
prepared as of the last day of September of each fiscal year. An 
original and one copy of each report shall be submitted to the General 
Services Administration, Office of Governmentwide Policy, Washington, DC 
20405, no later than 45 days after the report date.



Sec. 101-3.207  Supplementary information.

    This reporting system has been cleared in accordance with FIRMR 201-
45.6 and assigned interagency report control number 0315-GSA-AN. This 
interagency report control number replaces 1119-GSA-AN, 1120-GSA-AN, 
1540-GSA-AN and 1541-GSA-AN.

Subparts 101-3.3--101-3.48 [Reserved]



                   Subpart 101-3.49--Forms and Reports

    Note: GSA forms filed with the Office of the Federal Register as 
part of the original document. Copies may be obtained from Central 
Office, GSA.



Sec. 101-3.4900  Scope of subpart.

    This subpart contains illustrations of forms and instructions for 
their completion, to be used by executive agencies in connection with 
the submission of annual reports of real property owned by and leased to 
the United States.



Sec. 101-3.4901  GSA forms.

    The GSA forms referenced in this part may be obtained initially from 
the GSA National Forms and Publications Center, Box 17550, 819 Taylor 
Street, Fort Worth, TX 76102-0550. Agency field or regional offices 
should submit future requirements to their Washington, DC, headquarters 
office which will forward consolidated annual requirements to the 
General Services Administration, ATTN: 7BR, Fort Worth, TX 76102. The 
section numbers in this subpart correspond to the GSA form numbers and 
related instruction for their preparation. Thus in Sec. 101-3.4901-
1166(I) appears instructions for the preparation of GSA Form 1166.

[54 FR 38675, Sept. 20, 1989]



Sec. 101-3.4901-1166  GSA Form 1166: Annual Report of Real Property Owned by or Leased to the United States.



Sec. 101-3.4901-1166(I)  Instructions for the preparation of GSA Form 1166: Annual Report of Real Property Owned or Leased to the United States.



Sec. 101-3.4901-1166(I-A)  Major cities.



Sec. 101-3.4901-1209  GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.



Sec. 101-3.4901-1209(I)  Instructions for the preparation of GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.



PART 101-4--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents




                         Subpart A--Introduction

Sec.
101-4.100  Purpose and effective date.
101-4.105  Definitions.
101-4.110  Remedial and affirmative action and self-evaluation.
101-4.115  Assurance required.
101-4.120  Transfers of property.
101-4.125  Effect of other requirements.
101-4.130  Effect of employment opportunities.
101-4.135  Designation of responsible employee and adoption of grievance 
          procedures.
101-4.140  Dissemination of policy.

                           Subpart B--Coverage

101-4.200  Application.
101-4.205  Educational institutions and other entities controlled by 
          religious organizations.
101-4.210  Military and merchant marine educational institutions.
101-4.215  Membership practices of certain organizations.
101-4.220  Admissions.
101-4.225  Educational institutions eligible to submit transition plans.
101-4.230  Transition plans.

[[Page 14]]

101-4.235  Statutory amendments.

     Subpart C--Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited

101-4.300  Admission.
101-4.305  Preference in admission.
101-4.310  Recruitment.

 Subpart D--Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited

101-4.400  Education programs or activities.
101-4.405  Housing.
101-4.410  Comparable facilities.
101-4.415  Access to course offerings.
101-4.420  Access to schools operated by LEAs.
101-4.425  Counseling and use of appraisal and counseling materials.
101-4.430  Financial assistance.
101-4.435  Employment assistance to students.
101-4.440  Health and insurance benefits and services.
101-4.445  Marital or parental status.
101-4.450  Athletics.
101-4.455  Textbooks and curricular material.

Subpart E--Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited

101-4.500  Employment.
101-4.505  Employment criteria.
101-4.510  Recruitment.
101-4.515  Compensation.
101-4.520  Job classification and structure.
101-4.525  Fringe benefits.
101-4.530  Marital or parental status.
101-4.535  Effect of state or local law or other requirements.
101-4.540  Advertising.
101-4.545  Pre-employment inquiries.
101-4.550  Sex as a bona fide occupational qualification.

                          Subpart F--Procedures

101-4.600  Notice of covered programs.
101-4.605  Enforcement procedures.

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

    Source: 65 FR 52865, 52891, Aug. 30, 2000, unless otherwise noted.



                         Subpart A--Introduction



Sec. 101-4.100  Purpose and effective date.

    The purpose of these Title IX regulations is to effectuate Title IX 
of the Education Amendments of 1972, as amended (except sections 904 and 
906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 
1688), which is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or activity 
receiving Federal financial assistance, whether or not such program or 
activity is offered or sponsored by an educational institution as 
defined in these Title IX regulations. The effective date of these Title 
IX regulations shall be September 29, 2000.



Sec. 101-4.105  Definitions.

    As used in these Title IX regulations, the term:
    Administratively separate unit means a school, department, or 
college of an educational institution (other than a local educational 
agency) admission to which is independent of admission to any other 
component of such institution.
    Admission means selection for part-time, full-time, special, 
associate, transfer, exchange, or any other enrollment, membership, or 
matriculation in or at an education program or activity operated by a 
recipient.
    Applicant means one who submits an application, request, or plan 
required to be approved by an official of the Federal agency that awards 
Federal financial assistance, or by a recipient, as a condition to 
becoming a recipient.
    Designated agency official means the Associate Administrator for 
Civil Rights.
    Educational institution means a local educational agency (LEA) as 
defined by 20 U.S.C. 8801(18), a preschool, a private elementary or 
secondary school, or an applicant or recipient that is an institution of 
graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, or an institution 
of vocational education, as defined in this section.
    Federal financial assistance means any of the following, when 
authorized or extended under a law administered by the Federal agency 
that awards such assistance:
    (1) A grant or loan of Federal financial assistance, including funds 
made available for:

[[Page 15]]

    (i) The acquisition, construction, renovation, restoration, or 
repair of a building or facility or any portion thereof; and
    (ii) Scholarships, loans, grants, wages, or other funds extended to 
any entity for payment to or on behalf of students admitted to that 
entity, or extended directly to such students for payment to that 
entity.
    (2) A grant of Federal real or personal property or any interest 
therein, including surplus property, and the proceeds of the sale or 
transfer of such property, if the Federal share of the fair market value 
of the property is not, upon such sale or transfer, properly accounted 
for to the Federal Government.
    (3) Provision of the services of Federal personnel.
    (4) Sale or lease of Federal property or any interest therein at 
nominal consideration, or at consideration reduced for the purpose of 
assisting the recipient or in recognition of public interest to be 
served thereby, or permission to use Federal property or any interest 
therein without consideration.
    (5) Any other contract, agreement, or arrangement that has as one of 
its purposes the provision of assistance to any education program or 
activity, except a contract of insurance or guaranty.
    Institution of graduate higher education means an institution that:
    (1) Offers academic study beyond the bachelor of arts or bachelor of 
science degree, whether or not leading to a certificate of any higher 
degree in the liberal arts and sciences;
    (2) Awards any degree in a professional field beyond the first 
professional degree (regardless of whether the first professional degree 
in such field is awarded by an institution of undergraduate higher 
education or professional education); or
    (3) Awards no degree and offers no further academic study, but 
operates ordinarily for the purpose of facilitating research by persons 
who have received the highest graduate degree in any field of study.
    Institution of professional education means an institution (except 
any institution of undergraduate higher education) that offers a program 
of academic study that leads to a first professional degree in a field 
for which there is a national specialized accrediting agency recognized 
by the Secretary of Education.
    Institution of undergraduate higher education means:
    (1) An institution offering at least two but less than four years of 
college-level study beyond the high school level, leading to a diploma 
or an associate degree, or wholly or principally creditable toward a 
baccalaureate degree; or
    (2) An institution offering academic study leading to a 
baccalaureate degree; or
    (3) An agency or body that certifies credentials or offers degrees, 
but that may or may not offer academic study.
    Institution of vocational education means a school or institution 
(except an institution of professional or graduate or undergraduate 
higher education) that has as its primary purpose preparation of 
students to pursue a technical, skilled, or semiskilled occupation or 
trade, or to pursue study in a technical field, whether or not the 
school or institution offers certificates, diplomas, or degrees and 
whether or not it offers full-time study.
    Recipient means any State or political subdivision thereof, or any 
instrumentality of a State or political subdivision thereof, any public 
or private agency, institution, or organization, or other entity, or any 
person, to whom Federal financial assistance is extended directly or 
through another recipient and that operates an education program or 
activity that receives such assistance, including any subunit, 
successor, assignee, or transferee thereof.
    Student means a person who has gained admission.
    Title IX means Title IX of the Education Amendments of 1972, Public 
Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-
1688) (except sections 904 and 906 thereof), as amended by section 3 of 
Public Law 93-568, 88 Stat. 1855, by section 412 of the Education 
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 
of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 
1685, 1686, 1687, 1688).

[[Page 16]]

    Title IX regulations means the provisions set forth at Secs. 101-
4.100 through 101-4.605.
    Transition plan means a plan subject to the approval of the 
Secretary of Education pursuant to section 901(a)(2) of the Education 
Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational 
institution operates in making the transition from being an educational 
institution that admits only students of one sex to being one that 
admits students of both sexes without discrimination.



Sec. 101-4.110  Remedial and affirmative action and self-evaluation.

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome the 
effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation therein 
by persons of a particular sex. Nothing in these Title IX regulations 
shall be interpreted to alter any affirmative action obligations that a 
recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., 
p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 
684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 
803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as 
amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
    (c) Self-evaluation. Each recipient education institution shall, 
within one year of September 29, 2000:
    (1) Evaluate, in terms of the requirements of these Title IX 
regulations, its current policies and practices and the effects thereof 
concerning admission of students, treatment of students, and employment 
of both academic and non-academic personnel working in connection with 
the recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of these Title IX regulations; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.



Sec. 101-4.115  Assurance required.

    (a) General. Either at the application stage or the award stage, 
Federal agencies must ensure that applications for Federal financial 
assistance or awards of Federal financial assistance contain, be 
accompanied by, or be covered by a specifically identified assurance 
from the applicant or recipient, satisfactory to the designated agency 
official, that each education program or activity operated by the 
applicant or recipient and to which these Title IX regulations apply 
will be operated in compliance with these Title IX regulations. An 
assurance of compliance with these Title IX regulations shall not be 
satisfactory to the designated agency official if the applicant or 
recipient to whom such assurance applies fails to commit itself to take 
whatever remedial action is necessary in accordance with Sec. 101-
4.110(a) to eliminate existing discrimination on the basis of sex or to 
eliminate the effects of past discrimination whether occurring prior to 
or subsequent to the submission to the designated agency official of 
such assurance.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended to provide real property or structures thereon, such 
assurance shall obligate the recipient or, in the case of a subsequent 
transfer, the transferee, for the period during which the real property 
or structures are used

[[Page 17]]

to provide an education program or activity.
    (2) In the case of Federal financial assistance extended to provide 
personal property, such assurance shall obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases such assurance shall obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Form. (1) The assurances required by paragraph (a) of this 
section, which may be included as part of a document that addresses 
other assurances or obligations, shall include that the applicant or 
recipient will comply with all applicable Federal statutes relating to 
nondiscrimination. These include but are not limited to: Title IX of the 
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-
1688).
    (2) The designated agency official will specify the extent to which 
such assurances will be required of the applicant's or recipient's 
subgrantees, contractors, subcontractors, transferees, or successors in 
interest.



Sec. 101-4.120  Transfers of property.

    If a recipient sells or otherwise transfers property financed in 
whole or in part with Federal financial assistance to a transferee that 
operates any education program or activity, and the Federal share of the 
fair market value of the property is not upon such sale or transfer 
properly accounted for to the Federal Government, both the transferor 
and the transferee shall be deemed to be recipients, subject to the 
provisions of Secs. 101-4.205 through 101-4.235(a).



Sec. 101-4.125  Effect of other requirements.

    (a) Effect of other Federal provisions. The obligations imposed by 
these Title IX regulations are independent of, and do not alter, 
obligations not to discriminate on the basis of sex imposed by Executive 
Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive 
Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive 
Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive 
Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 
12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public 
Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 
(29 U.S.C. 206); and any other Act of Congress or Federal regulation.
    (b) Effect of State or local law or other requirements. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any State or local law or other requirement that would 
render any applicant or student ineligible, or limit the eligibility of 
any applicant or student, on the basis of sex, to practice any 
occupation or profession.
    (c) Effect of rules or regulations of private organizations. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any rule or regulation of any organization, club, athletic 
or other league, or association that would render any applicant or 
student ineligible to participate or limit the eligibility or 
participation of any applicant or student, on the basis of sex, in any 
education program or activity operated by a recipient and that receives 
Federal financial assistance.



Sec. 101-4.130  Effect of employment opportunities.

    The obligation to comply with these Title IX regulations is not 
obviated or alleviated because employment opportunities in any 
occupation or profession are or may be more limited for members of one 
sex than for members of the other sex.



Sec. 101-4.135  Designation of responsible employee and adoption of grievance procedures.

    (a) Designation of responsible employee. Each recipient shall 
designate at least one employee to coordinate its efforts to comply with 
and carry out its responsibilities under these Title IX regulations, 
including any investigation of any complaint communicated to such 
recipient alleging its noncompliance with these Title IX regulations or 
alleging any actions that would be prohibited by these Title IX 
regulations.

[[Page 18]]

The recipient shall notify all its students and employees of the name, 
office address, and telephone number of the employee or employees 
appointed pursuant to this paragraph.
    (b) Complaint procedure of recipient. A recipient shall adopt and 
publish grievance procedures providing for prompt and equitable 
resolution of student and employee complaints alleging any action that 
would be prohibited by these Title IX regulations.



Sec. 101-4.140  Dissemination of policy.

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees, sources of referral of applicants for admission and 
employment, and all unions or professional organizations holding 
collective bargaining or professional agreements with the recipient, 
that it does not discriminate on the basis of sex in the educational 
programs or activities that it operates, and that it is required by 
Title IX and these Title IX regulations not to discriminate in such a 
manner. Such notification shall contain such information, and be made in 
such manner, as the designated agency official finds necessary to 
apprise such persons of the protections against discrimination assured 
them by Title IX and these Title IX regulations, but shall state at 
least that the requirement not to discriminate in education programs or 
activities extends to employment therein, and to admission thereto 
unless Secs. 101-4.300 through 101-4.310 do not apply to the recipient, 
and that inquiries concerning the application of Title IX and these 
Title IX regulations to such recipient may be referred to the employee 
designated pursuant to Sec. 101-4.135, or to the designated agency 
official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of September 29, 2000 or 
of the date these Title IX regulations first apply to such recipient, 
whichever comes later, which notification shall include publication in:
    (i) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (ii) Memoranda or other written communications distributed to every 
student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment is 
permitted by these Title IX regulations.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.



                           Subpart B--Coverage



Sec. 101-4.200  Application.

    Except as provided in Secs. 101-4.205 through 101-4.235(a), these 
Title IX regulations apply to every recipient and to each education 
program or activity operated by such recipient that receives Federal 
financial assistance.



Sec. 101-4.205  Educational institutions and other entities controlled by religious organizations.

    (a) Exemption. These Title IX regulations do not apply to any 
operation of an educational institution or other entity that is 
controlled by a religious organization to the extent that application of 
these Title IX regulations would not be consistent with the religious 
tenets of such organization.

[[Page 19]]

    (b) Exemption claims. An educational institution or other entity 
that wishes to claim the exemption set forth in paragraph (a) of this 
section shall do so by submitting in writing to the designated agency 
official a statement by the highest-ranking official of the institution, 
identifying the provisions of these Title IX regulations that conflict 
with a specific tenet of the religious organization.



Sec. 101-4.210  Military and merchant marine educational institutions.

    These Title IX regulations do not apply to an educational 
institution whose primary purpose is the training of individuals for a 
military service of the United States or for the merchant marine.



Sec. 101-4.215  Membership practices of certain organizations.

    (a) Social fraternities and sororities. These Title IX regulations 
do not apply to the membership practices of social fraternities and 
sororities that are exempt from taxation under section 501(a) of the 
Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership 
of which consists primarily of students in attendance at institutions of 
higher education.
    (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These 
Title IX regulations do not apply to the membership practices of the 
Young Men's Christian Association (YMCA), the Young Women's Christian 
Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire 
Girls.
    (c) Voluntary youth service organizations. These Title IX 
regulations do not apply to the membership practices of a voluntary 
youth service organization that is exempt from taxation under section 
501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the 
membership of which has been traditionally limited to members of one sex 
and principally to persons of less than nineteen years of age.



Sec. 101-4.220  Admissions.

    (a) Admissions to educational institutions prior to June 24, 1973, 
are not covered by these Title IX regulations.
    (b) Administratively separate units. For the purposes only of this 
section, Secs. 101-4.225 and 101-4.230, and Secs. 101-4.300 through 101-
4.310, each administratively separate unit shall be deemed to be an 
educational institution.
    (c) Application of Secs. 101-4.300 through 101-4.310. Except as 
provided in paragraphs (d) and (e) of this section, Secs. 101-4.300 
through 101-4.310 apply to each recipient. A recipient to which 
Secs. 101-4.300 through 101-4.310 apply shall not discriminate on the 
basis of sex in admission or recruitment in violation of Secs. 101-4.300 
through 101-4.310.
    (d) Educational institutions. Except as provided in paragraph (e) of 
this section as to recipients that are educational institutions, 
Secs. 101-4.300 through 101-4.310 apply only to institutions of 
vocational education, professional education, graduate higher education, 
and public institutions of undergraduate higher education.
    (e) Public institutions of undergraduate higher education. 
Secs. 101-4.300 through 101-4.310 do not apply to any public institution 
of undergraduate higher education that traditionally and continually 
from its establishment has had a policy of admitting students of only 
one sex.



Sec. 101-4.225  Educational institutions eligible to submit transition plans.

    (a) Application. This section applies to each educational 
institution to which Secs. 101-4.300 through 101-4.310 apply that:
    (1) Admitted students of only one sex as regular students as of June 
23, 1972; or
    (2) Admitted students of only one sex as regular students as of June 
23, 1965, but thereafter admitted, as regular students, students of the 
sex not admitted prior to June 23, 1965.
    (b) Provision for transition plans. An educational institution to 
which this section applies shall not discriminate on the basis of sex in 
admission or recruitment in violation of Secs. 101-4.300 through 101-
4.310.



Sec. 101-4.230  Transition plans.

    (a) Submission of plans. An institution to which Sec. 101-4.225 
applies and that is composed of more than one administratively separate 
unit may submit either a single transition plan applicable to

[[Page 20]]

all such units, or a separate transition plan applicable to each such 
unit.
    (b) Content of plans. In order to be approved by the Secretary of 
Education, a transition plan shall:
    (1) State the name, address, and Federal Interagency Committee on 
Education Code of the educational institution submitting such plan, the 
administratively separate units to which the plan is applicable, and the 
name, address, and telephone number of the person to whom questions 
concerning the plan may be addressed. The person who submits the plan 
shall be the chief administrator or president of the institution, or 
another individual legally authorized to bind the institution to all 
actions set forth in the plan.
    (2) State whether the educational institution or administratively 
separate unit admits students of both sexes as regular students and, if 
so, when it began to do so.
    (3) Identify and describe with respect to the educational 
institution or administratively separate unit any obstacles to admitting 
students without discrimination on the basis of sex.
    (4) Describe in detail the steps necessary to eliminate as soon as 
practicable each obstacle so identified and indicate the schedule for 
taking these steps and the individual directly responsible for their 
implementation.
    (5) Include estimates of the number of students, by sex, expected to 
apply for, be admitted to, and enter each class during the period 
covered by the plan.
    (c) Nondiscrimination. No policy or practice of a recipient to which 
Sec. 101-4.225 applies shall result in treatment of applicants to or 
students of such recipient in violation of Secs. 101-4.300 through 101-
4.310 unless such treatment is necessitated by an obstacle identified in 
paragraph (b)(3) of this section and a schedule for eliminating that 
obstacle has been provided as required by paragraph (b)(4) of this 
section.
    (d) Effects of past exclusion. To overcome the effects of past 
exclusion of students on the basis of sex, each educational institution 
to which Sec. 101-4.225 applies shall include in its transition plan, 
and shall implement, specific steps designed to encourage individuals of 
the previously excluded sex to apply for admission to such institution. 
Such steps shall include instituting recruitment programs that emphasize 
the institution's commitment to enrolling students of the sex previously 
excluded.



Sec. 101-4.235  Statutory amendments.

    (a) This section, which applies to all provisions of these Title IX 
regulations, addresses statutory amendments to Title IX.
    (b) These Title IX regulations shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or
    (ii) The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such individual 
has received such award in a single-sex pageant based upon a combination 
of factors related to the individual's personal appearance, poise, and 
talent. The pageant, however, must comply with other nondiscrimination 
provisions of Federal law.
    (c) Program or activity or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(i) through (iv) of this section, any part of which is extended 
Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or

[[Page 21]]

    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20), system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.
    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the application 
of 20 U.S.C. 1681 to such operation would not be consistent with the 
religious tenets of such organization.
    (ii) For example, all of the operations of a college, university, or 
other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a ``program or activity'' subject to 
these Title IX regulations if the college, university, or other 
institution receives Federal financial assistance.
    (d)(1) Nothing in these Title IX regulations shall be construed to 
require or prohibit any person, or public or private entity, to provide 
or pay for any benefit or service, including the use of facilities, 
related to an abortion. Medical procedures, benefits, services, and the 
use of facilities, necessary to save the life of a pregnant woman or to 
address complications related to an abortion are not subject to this 
section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any benefit or service 
related to a legal abortion.



     Subpart C--Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited



Sec. 101-4.300  Admission.

    (a) General. No person shall, on the basis of sex, be denied 
admission, or be subjected to discrimination in admission, by any 
recipient to which Secs. 101-4.300 through 101-4.310 apply, except as 
provided in Secs. 101-4.225 and 101-4.230.
    (b) Specific prohibitions. (1) In determining whether a person 
satisfies any policy or criterion for admission, or in making any offer 
of admission, a recipient to which Secs. 101-4.300 through 101-4.310 
apply shall not:
    (i) Give preference to one person over another on the basis of sex, 
by ranking applicants separately on such basis, or otherwise;
    (ii) Apply numerical limitations upon the number or proportion of 
persons of either sex who may be admitted; or
    (iii) Otherwise treat one individual differently from another on the 
basis of sex.
    (2) A recipient shall not administer or operate any test or other 
criterion for admission that has a disproportionately adverse effect on 
persons on the

[[Page 22]]

basis of sex unless the use of such test or criterion is shown to 
predict validly success in the education program or activity in question 
and alternative tests or criteria that do not have such a 
disproportionately adverse effect are shown to be unavailable.
    (c) Prohibitions relating to marital or parental status. In 
determining whether a person satisfies any policy or criterion for 
admission, or in making any offer of admission, a recipient to which 
Secs. 101-4.300 through 101-4.310 apply:
    (1) Shall not apply any rule concerning the actual or potential 
parental, family, or marital status of a student or applicant that 
treats persons differently on the basis of sex;
    (2) Shall not discriminate against or exclude any person on the 
basis of pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom, or establish or follow any rule or practice that so 
discriminates or excludes;
    (3) Subject to Sec. 101-4.235(d), shall treat disabilities related 
to pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability or physical condition; and
    (4) Shall not make pre-admission inquiry as to the marital status of 
an applicant for admission, including whether such applicant is ``Miss'' 
or ``Mrs.'' A recipient may make pre-admission inquiry as to the sex of 
an applicant for admission, but only if such inquiry is made equally of 
such applicants of both sexes and if the results of such inquiry are not 
used in connection with discrimination prohibited by these Title IX 
regulations.



Sec. 101-4.305  Preference in admission.

    A recipient to which Secs. 101-4.300 through 101-4.310 apply shall 
not give preference to applicants for admission, on the basis of 
attendance at any educational institution or other school or entity that 
admits as students only or predominantly members of one sex, if the 
giving of such preference has the effect of discriminating on the basis 
of sex in violation of Secs. 101-4.300 through 101-4.310.



Sec. 101-4.310  Recruitment.

    (a) Nondiscriminatory recruitment. A recipient to which Secs. 101-
4.300 through 101-4.310 apply shall not discriminate on the basis of sex 
in the recruitment and admission of students. A recipient may be 
required to undertake additional recruitment efforts for one sex as 
remedial action pursuant to Sec. 101-4.110(a), and may choose to 
undertake such efforts as affirmative action pursuant to Sec. 101-
4.110(b).
    (b) Recruitment at certain institutions. A recipient to which 
Secs. 101-4.300 through 101-4.310 apply shall not recruit primarily or 
exclusively at educational institutions, schools, or entities that admit 
as students only or predominantly members of one sex, if such actions 
have the effect of discriminating on the basis of sex in violation of 
Secs. 101-4.300 through 101-4.310.



 Subpart D--Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited



Sec. 101-4.400  Education programs or activities.

    (a) General. Except as provided elsewhere in these Title IX 
regulations, no person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any academic, extracurricular, research, 
occupational training, or other education program or activity operated 
by a recipient that receives Federal financial assistance. Sections 101-
4.400 through 101-4.455 do not apply to actions of a recipient in 
connection with admission of its students to an education program or 
activity of a recipient to which Secs. 101-4.300 through 101-4.310 do 
not apply, or an entity, not a recipient, to which Secs. 101-4.300 
through 101-4.310 would not apply if the entity were a recipient.
    (b) Specific prohibitions. Except as provided in Secs. 101-4.400 
through 101-4.455, in providing any aid, benefit, or service to a 
student, a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining whether 
such person satisfies any requirement or condition for the provision of 
such aid, benefit, or service;

[[Page 23]]

    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a student 
or applicant, including eligibility for in-state fees and tuition;
    (6) Aid or perpetuate discrimination against any person by providing 
significant assistance to any agency, organization, or person that 
discriminates on the basis of sex in providing any aid, benefit, or 
service to students or employees;
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or similar legal instruments, or by acts of foreign governments 
and restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that 
administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available, reasonable opportunities for 
similar studies for members of the other sex. Such opportunities may be 
derived from either domestic or foreign sources.
    (d) Aids, benefits or services not provided by recipient. (1) This 
paragraph (d) applies to any recipient that requires participation by 
any applicant, student, or employee in any education program or activity 
not operated wholly by such recipient, or that facilitates, permits, or 
considers such participation as part of or equivalent to an education 
program or activity operated by such recipient, including participation 
in educational consortia and cooperative employment and student-teaching 
assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that these Title IX regulations would prohibit such 
recipient from taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.



Sec. 101-4.405  Housing.

    (a) Generally. A recipient shall not, on the basis of sex, apply 
different rules or regulations, impose different fees or requirements, 
or offer different services or benefits related to housing, except as 
provided in this section (including housing provided only to married 
students).
    (b) Housing provided by recipient. (1) A recipient may provide 
separate housing on the basis of sex.
    (2) Housing provided by a recipient to students of one sex, when 
compared to that provided to students of the other sex, shall be as a 
whole:
    (i) Proportionate in quantity to the number of students of that sex 
applying for such housing; and
    (ii) Comparable in quality and cost to the student.
    (c) Other housing. (1) A recipient shall not, on the basis of sex, 
administer different policies or practices concerning occupancy by its 
students of housing other than that provided by such recipient.
    (2)(i) A recipient which, through solicitation, listing, approval of 
housing, or otherwise, assists any agency, organization, or person in 
making housing available to any of its students, shall take such 
reasonable action as may be necessary to assure itself that such housing 
as is provided to students of one sex, when compared to that provided to 
students of the other sex, is as a whole:
    (A) Proportionate in quantity; and
    (B) Comparable in quality and cost to the student.
    (ii) A recipient may render such assistance to any agency, 
organization,

[[Page 24]]

or person that provides all or part of such housing to students of only 
one sex.



Sec. 101-4.410  Comparable facilities.

    A recipient may provide separate toilet, locker room, and shower 
facilities on the basis of sex, but such facilities provided for 
students of one sex shall be comparable to such facilities provided for 
students of the other sex.



Sec. 101-4.415  Access to course offerings.

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of sex, 
or require or refuse participation therein by any of its students on 
such basis, including health, physical education, industrial, business, 
vocational, technical, home economics, music, and adult education 
courses.
    (b)(1) With respect to classes and activities in physical education 
at the elementary school level, the recipient shall comply fully with 
this section as expeditiously as possible but in no event later than one 
year from September 29, 2000. With respect to physical education classes 
and activities at the secondary and post-secondary levels, the recipient 
shall comply fully with this section as expeditiously as possible but in 
no event later than three years from September 29, 2000.
    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without regard 
to sex.
    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress in 
a physical education class has an adverse effect on members of one sex, 
the recipient shall use appropriate standards that do not have such 
effect.
    (5) Portions of classes in elementary and secondary schools, or 
portions of education programs or activities, that deal exclusively with 
human sexuality may be conducted in separate sessions for boys and 
girls.
    (6) Recipients may make requirements based on vocal range or quality 
that may result in a chorus or choruses of one or predominantly one sex.



Sec. 101-4.420  Access to schools operated by LEAs.

    A recipient that is a local educational agency shall not, on the 
basis of sex, exclude any person from admission to:
    (a) Any institution of vocational education operated by such 
recipient; or
    (b) Any other school or educational unit operated by such recipient, 
unless such recipient otherwise makes available to such person, pursuant 
to the same policies and criteria of admission, courses, services, and 
facilities comparable to each course, service, and facility offered in 
or through such schools.



Sec. 101-4.425  Counseling and use of appraisal and counseling materials.

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient that uses 
testing or other materials for appraising or counseling students shall 
not use different materials for students on the basis of their sex or 
use materials that permit or require different treatment of students on 
such basis unless such different materials cover the same occupations 
and interest areas and the use of such different materials is shown to 
be essential to eliminate sex bias. Recipients shall develop and use 
internal procedures for ensuring that such materials do not discriminate 
on the basis of sex. Where the use of a counseling test or other 
instrument results in a substantially disproportionate number of members 
of one sex in any particular course of study or classification, the 
recipient shall take such action as is necessary to assure itself that 
such disproportion is not the result of discrimination in the instrument 
or its application.

[[Page 25]]

    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.



Sec. 101-4.430  Financial assistance.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of sex; 
or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance that treats persons of one sex 
differently from persons of the other sex with regard to marital or 
parental status.
    (b) Financial aid established by certain legal instruments. (1) A 
recipient may administer or assist in the administration of 
scholarships, fellowships, or other forms of financial assistance 
established pursuant to domestic or foreign wills, trusts, bequests, or 
similar legal instruments or by acts of a foreign government that 
require that awards be made to members of a particular sex specified 
therein; Provided, that the overall effect of the award of such sex-
restricted scholarships, fellowships, and other forms of financial 
assistance does not discriminate on the basis of sex.
    (2) To ensure nondiscriminatory awards of assistance as required in 
paragraph (b)(1) of this section, recipients shall develop and use 
procedures under which:
    (i) Students are selected for award of financial assistance on the 
basis of nondiscriminatory criteria and not on the basis of availability 
of funds restricted to members of a particular sex;
    (ii) An appropriate sex-restricted scholarship, fellowship, or other 
form of financial assistance is allocated to each student selected under 
paragraph (b)(2)(i) of this section; and
    (iii) No student is denied the award for which he or she was 
selected under paragraph (b)(2)(i) of this section because of the 
absence of a scholarship, fellowship, or other form of financial 
assistance designated for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient awards 
athletic scholarships or grants-in-aid, it must provide reasonable 
opportunities for such awards for members of each sex in proportion to 
the number of students of each sex participating in interscholastic or 
intercollegiate athletics.
    (2) A recipient may provide separate athletic scholarships or 
grants-in-aid for members of each sex as part of separate athletic teams 
for members of each sex to the extent consistent with this paragraph (c) 
and Sec. 101-4.450.



Sec. 101-4.435  Employment assistance to students.

    (a) Assistance by recipient in making available outside employment. 
A recipient that assists any agency, organization, or person in making 
employment available to any of its students:
    (1) Shall assure itself that such employment is made available 
without discrimination on the basis of sex; and
    (2) Shall not render such services to any agency, organization, or 
person that discriminates on the basis of sex in its employment 
practices.
    (b) Employment of students by recipients. A recipient that employs 
any of its students shall not do so in a manner that violates Secs. 101-
4.500 through 101-4.550.



Sec. 101-4.440  Health and insurance benefits and services.

    Subject to Sec. 101-4.235(d), in providing a medical, hospital, 
accident, or life insurance benefit, service, policy, or plan to any of 
its students, a recipient shall not discriminate on the basis of sex, or 
provide such benefit, service, policy, or plan in a manner that would 
violate Secs. 101-4.500 through 101-4.550 if it were

[[Page 26]]

provided to employees of the recipient. This section shall not prohibit 
a recipient from providing any benefit or service that may be used by a 
different proportion of students of one sex than of the other, including 
family planning services. However, any recipient that provides full 
coverage health service shall provide gynecological care.



Sec. 101-4.445  Marital or parental status.

    (a) Status generally. A recipient shall not apply any rule 
concerning a student's actual or potential parental, family, or marital 
status that treats students differently on the basis of sex.
    (b) Pregnancy and related conditions. (1) A recipient shall not 
discriminate against any student, or exclude any student from its 
education program or activity, including any class or extracurricular 
activity, on the basis of such student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy, or recovery therefrom, unless the 
student requests voluntarily to participate in a separate portion of the 
program or activity of the recipient.
    (2) A recipient may require such a student to obtain the 
certification of a physician that the student is physically and 
emotionally able to continue participation as long as such a 
certification is required of all students for other physical or 
emotional conditions requiring the attention of a physician.
    (3) A recipient that operates a portion of its education program or 
activity separately for pregnant students, admittance to which is 
completely voluntary on the part of the student as provided in paragraph 
(b)(1) of this section, shall ensure that the separate portion is 
comparable to that offered to non-pregnant students.
    (4) Subject to Sec. 101-4.235(d), a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy and recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability with respect to any medical or hospital benefit, 
service, plan, or policy that such recipient administers, operates, 
offers, or participates in with respect to students admitted to the 
recipient's educational program or activity.
    (5) In the case of a recipient that does not maintain a leave policy 
for its students, or in the case of a student who does not otherwise 
qualify for leave under such a policy, a recipient shall treat 
pregnancy, childbirth, false pregnancy, termination of pregnancy, and 
recovery therefrom as a justification for a leave of absence for as long 
a period of time as is deemed medically necessary by the student's 
physician, at the conclusion of which the student shall be reinstated to 
the status that she held when the leave began.



Sec. 101-4.450  Athletics.

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently from 
another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of these Title IX regulations, contact sports 
include boxing, wrestling, rugby, ice hockey, football, basketball, and 
other sports the purpose or major activity of which involves bodily 
contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the designated 
agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively

[[Page 27]]

accommodate the interests and abilities of members of both sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services;
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide necessary 
funds for teams for one sex in assessing equality of opportunity for 
members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from 
September 29, 2000. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
secondary or postsecondary school level shall comply fully with this 
section as expeditiously as possible but in no event later than three 
years from September 29, 2000.



Sec. 101-4.455  Textbooks and curricular material.

    Nothing in these Title IX regulations shall be interpreted as 
requiring or prohibiting or abridging in any way the use of particular 
textbooks or curricular materials.



Subpart E--Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited



Sec. 101-4.500  Employment.

    (a) General. (1) No person shall, on the basis of sex, be excluded 
from participation in, be denied the benefits of, or be subjected to 
discrimination in employment, or recruitment, consideration, or 
selection therefor, whether full-time or part-time, under any education 
program or activity operated by a recipient that receives Federal 
financial assistance.
    (2) A recipient shall make all employment decisions in any education 
program or activity operated by such recipient in a nondiscriminatory 
manner and shall not limit, segregate, or classify applicants or 
employees in any way that could adversely affect any applicant's or 
employee's employment opportunities or status because of sex.
    (3) A recipient shall not enter into any contractual or other 
relationship which directly or indirectly has the effect of subjecting 
employees or students to discrimination prohibited by Secs. 101-4.500 
through 101-4.550, including relationships with employment and referral 
agencies, with labor unions, and with organizations providing or 
administering fringe benefits to employees of the recipient.
    (4) A recipient shall not grant preferences to applicants for 
employment on the basis of attendance at any educational institution or 
entity that admits as students only or predominantly members of one sex, 
if the giving of such preferences has the effect of discriminating on 
the basis of sex in violation of these Title IX regulations.
    (b) Application. The provisions of Secs. 101-4.500 through 101-4.550 
apply to:
    (1) Recruitment, advertising, and the process of application for 
employment;
    (2) Hiring, upgrading, promotion, consideration for and award of 
tenure, demotion, transfer, layoff, termination, application of nepotism 
policies, right of return from layoff, and rehiring;

[[Page 28]]

    (3) Rates of pay or any other form of compensation, and changes in 
compensation;
    (4) Job assignments, classifications, and structure, including 
position descriptions, lines of progression, and seniority lists;
    (5) The terms of any collective bargaining agreement;
    (6) Granting and return from leaves of absence, leave for pregnancy, 
childbirth, false pregnancy, termination of pregnancy, leave for persons 
of either sex to care for children or dependents, or any other leave;
    (7) Fringe benefits available by virtue of employment, whether or 
not administered by the recipient;
    (8) Selection and financial support for training, including 
apprenticeship, professional meetings, conferences, and other related 
activities, selection for tuition assistance, selection for sabbaticals 
and leaves of absence to pursue training;
    (9) Employer-sponsored activities, including social or recreational 
programs; and
    (10) Any other term, condition, or privilege of employment.



Sec. 101-4.505  Employment criteria.

    A recipient shall not administer or operate any test or other 
criterion for any employment opportunity that has a disproportionately 
adverse effect on persons on the basis of sex unless:
    (a) Use of such test or other criterion is shown to predict validly 
successful performance in the position in question; and
    (b) Alternative tests or criteria for such purpose, which do not 
have such disproportionately adverse effect, are shown to be 
unavailable.



Sec. 101-4.510  Recruitment.

    (a) Nondiscriminatory recruitment and hiring. A recipient shall not 
discriminate on the basis of sex in the recruitment and hiring of 
employees. Where a recipient has been found to be presently 
discriminating on the basis of sex in the recruitment or hiring of 
employees, or has been found to have so discriminated in the past, the 
recipient shall recruit members of the sex so discriminated against so 
as to overcome the effects of such past or present discrimination.
    (b) Recruitment patterns. A recipient shall not recruit primarily or 
exclusively at entities that furnish as applicants only or predominantly 
members of one sex if such actions have the effect of discriminating on 
the basis of sex in violation of Secs. 101-4.500 through 101-4.550.



Sec. 101-4.515  Compensation.

    A recipient shall not make or enforce any policy or practice that, 
on the basis of sex:
    (a) Makes distinctions in rates of pay or other compensation;
    (b) Results in the payment of wages to employees of one sex at a 
rate less than that paid to employees of the opposite sex for equal work 
on jobs the performance of which requires equal skill, effort, and 
responsibility, and that are performed under similar working conditions.



Sec. 101-4.520  Job classification and structure.

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for similar jobs, position 
descriptions, or job requirements that classify persons on the basis of 
sex, unless sex is a bona fide occupational qualification for the 
positions in question as set forth in Sec. 101-4.550.



Sec. 101-4.525  Fringe benefits.

    (a) ``Fringe benefits'' defined. For purposes of these Title IX 
regulations, fringe benefits means: Any medical, hospital, accident, 
life insurance, or retirement benefit, service, policy or plan, any 
profit-sharing or bonus plan, leave, and any other benefit or service of 
employment not subject to the provision of Sec. 101-4.515.
    (b) Prohibitions. A recipient shall not:
    (1) Discriminate on the basis of sex with regard to making fringe 
benefits available to employees or make fringe

[[Page 29]]

benefits available to spouses, families, or dependents of employees 
differently upon the basis of the employee's sex;
    (2) Administer, operate, offer, or participate in a fringe benefit 
plan that does not provide for equal periodic benefits for members of 
each sex and for equal contributions to the plan by such recipient for 
members of each sex; or
    (3) Administer, operate, offer, or participate in a pension or 
retirement plan that establishes different optional or compulsory 
retirement ages based on sex or that otherwise discriminates in benefits 
on the basis of sex.



Sec. 101-4.530  Marital or parental status.

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or exclude 
from employment any employee or applicant for employment on the basis of 
pregnancy, childbirth, false pregnancy, termination of pregnancy, or 
recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to Sec. 101-
4.235(d), a recipient shall treat pregnancy, childbirth, false 
pregnancy, termination of pregnancy, recovery therefrom, and any 
temporary disability resulting therefrom as any other temporary 
disability for all job-related purposes, including commencement, 
duration, and extensions of leave, payment of disability income, accrual 
of seniority and any other benefit or service, and reinstatement, and 
under any fringe benefit offered to employees by virtue of employment.
    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an employee 
with insufficient leave or accrued employment time to qualify for leave 
under such a policy, a recipient shall treat pregnancy, childbirth, 
false pregnancy, termination of pregnancy, and recovery therefrom as a 
justification for a leave of absence without pay for a reasonable period 
of time, at the conclusion of which the employee shall be reinstated to 
the status that she held when the leave began or to a comparable 
position, without decrease in rate of compensation or loss of 
promotional opportunities, or any other right or privilege of 
employment.



Sec. 101-4.535  Effect of state or local law or other requirements.

    (a) Prohibitory requirements. The obligation to comply with 
Secs. 101-4.500 through 101-4.550 is not obviated or alleviated by the 
existence of any State or local law or other requirement that imposes 
prohibitions or limits upon employment of members of one sex that are 
not imposed upon members of the other sex.
    (b) Benefits. A recipient that provides any compensation, service, 
or benefit to members of one sex pursuant to a State or local law or 
other requirement shall provide the same compensation, service, or 
benefit to members of the other sex.



Sec. 101-4.540  Advertising.

    A recipient shall not in any advertising related to employment 
indicate preference, limitation, specification, or discrimination based 
on sex unless sex is a bona fide occupational qualification for the 
particular job in question.



Sec. 101-4.545  Pre-employment inquiries.

    (a) Marital status. A recipient shall not make pre-employment 
inquiry as to the marital status of an applicant for employment, 
including whether such applicant is ``Miss'' or ``Mrs.''
    (b) Sex. A recipient may make pre-employment inquiry as to the sex 
of an applicant for employment, but only if such inquiry is made equally 
of such applicants of both sexes and if the results of such inquiry are 
not used in connection with discrimination prohibited by these Title IX 
regulations.



Sec. 101-4.550  Sex as a bona fide occupational qualification.

    A recipient may take action otherwise prohibited by Secs. 101-4.500 
through 101-4.550 provided it is shown that sex

[[Page 30]]

is a bona fide occupational qualification for that action, such that 
consideration of sex with regard to such action is essential to 
successful operation of the employment function concerned. A recipient 
shall not take action pursuant to this section that is based upon 
alleged comparative employment characteristics or stereotyped 
characterizations of one or the other sex, or upon preference based on 
sex of the recipient, employees, students, or other persons, but nothing 
contained in this section shall prevent a recipient from considering an 
employee's sex in relation to employment in a locker room or toilet 
facility used only by members of one sex.



                          Subpart F--Procedures



Sec. 101-4.600  Notice of covered programs.

    Within 60 days of September 29, 2000, each Federal agency that 
awards Federal financial assistance shall publish in the Federal 
Register a notice of the programs covered by these Title IX regulations. 
Each such Federal agency shall periodically republish the notice of 
covered programs to reflect changes in covered programs. Copies of this 
notice also shall be made available upon request to the Federal agency's 
office that enforces Title IX.



Sec. 101-4.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural provisions 
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title 
VI'') are hereby adopted and applied to these Title IX regulations. 
These procedures may be found at 41 CFR part 101-6, subpart 101-6.2.



PART 101-5--CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES--Table of Contents




Sec.
101-5.000  Scope of part.

                        Subpart 101-5.1--General

101-5.100  Scope of subpart.
101-5.101  Applicability.
101-5.102  Definitions.
101-5.103  Policy.
101-5.104  Economic feasibility of centralized services.
101-5.104-1  General.
101-5.104-2  Basis for determining economic feasibility.
101-5.104-3  Data requirements for feasibility studies.
101-5.104-4  Scheduling feasibility studies.
101-5.104-5  Designating agency representatives.
101-5.104-6  Conduct of feasibility studies.
101-5.104-7  Administrator's determination.
101-5.105  Operation of the centralized facility.
101-5.106  Agency committees.

        Subpart 101-5.2--Centralized Field Reproduction Services

101-5.200  Scope of subpart.
101-5.201  Applicability.
101-5.202  Types of centralized field reproduction services.
101-5.203  Economic feasibility of centralized field reproduction 
          services.
101-5.203-1  Scheduling of feasibility studies.
101-5.203-2  Notification of feasibility studies.
101-5.203-3  Initiation of feasibility studies.
101-5.203-4  Duplicating Services--Individual Agency Survey.
101-5.203-5  Uniform space allowances.
101-5.203-6  Pooling of equipment and personnel.
101-5.203-7  Determination of feasibility.
101-5.204  Operation of centralized field reproduction facilities.
101-5.204-1  Continuity of service.
101-5.204-2  Announcement of centralized services.
101-5.204-3  Appraisal of operations.
101-5.205  Designation of other agencies to operate plants.
101-5.205-1  General.
101-5.205-2  Prerequisites to designation of other agencies.
101-5.205-3  Actions prior to operation of facilities.
101-5.205-4  Plant inspections and customer evaluations.

            Subpart 101-5.3--Federal Employee Health Services

101-5.300  Scope of subpart.
101-5.301  Applicability.
101-5.302  Objective.
101-5.303  Guiding principles.
101-5.304  Type of occupational health services.
101-5.305  Agency participation.
101-5.306  Economic feasibility.
101-5.307  Public Health Service.

Subparts 101-5.4--101-5.48 [Reserved]

[[Page 31]]

           Subpart 101-5.49--Forms, Reports, and Instructions

101-5.4900  Scope of subpart.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).



Sec. 101-5.000  Scope of part.

    This part prescribes the methods by which the General Services 
Administration provides for establishment of centralized services in 
Federal buildings or complexes occupied by a number of executive 
agencies.

[56 FR 33873, July 24, 1991]



                        Subpart 101-5.1--General

    Source: 30 FR 4199, Mar. 31, 1965, unless otherwise noted.



Sec. 101-5.100  Scope of subpart.

    This subpart states general policies, guidelines, and procedures for 
establishing centralized services in multioccupant Federal buildings.

[42 FR 35853, July 12, 1977]



Sec. 101-5.101  Applicability.

    The regulations in this part apply to all executive agencies which 
occupy space in or are prospective occupants of multi-occupant Federal 
buildings located in the United States. In appropriate circumstances, 
the centralized services provided pursuant to this part are extended to 
agencies occupying other Federal buildings in the same geographical 
area. For purposes of this part, reference to Federal buildings may be 
deemed to include, when appropriate, leased buildings or specific leased 
space in a commercial building under the control of GSA.

[56 FR 33873, July 24, 1991]



Sec. 101-5.102  Definitions.

    (a) Centralized services means those central supporting and 
administrative services and facilities provided to occupying agencies in 
Federal buildings or nearby locations in lieu of each agency providing 
the same services or facilities for its own use. This includes those 
common administrative services provided by a Cooperative Administrative 
Support Unit (CASU). It does not include such common building features 
as cafeterias, blind stands, loading platforms, auditoriums, 
incinerators, or similar facilities. Excluded are interagency fleet 
management centers established pursuant to Public Law 766, 83d Congress, 
and covered by part 101-39 of this chapter.
    (b) Occupying agency means any Federal agency assigned space in a 
building or complex for which GSA has oversight of, or responsibility 
for the functions of operation and maintenance in addition to space 
assignment.
    (c) Cooperative Administrative Support Unit (CASU) means an 
organized mechanism for providing administrative services for agencies 
in multi-tenant federally occupied buildings.

[56 FR 33873, July 24, 1991]



Sec. 101-5.103  Policy.

    To the extent practicable, GSA will provide or arrange for the 
provision of centralized services whenever such services insure 
increased efficiency and economy to the Government without hampering 
program activities or essential internal administration of the agencies 
to be served.



Sec. 101-5.104  Economic feasibility of centralized services.



Sec. 101-5.104-1  General.

    GSA is currently providing various centralized services to Federal 
agencies in such fields as office and storage space, supplies and 
materials, communications, records management, transportation services, 
and printing and reprographics. Other centralized CASU's may be 
providing supporting services or activities such as health units, use of 
training devices and facilities, pistol ranges, and central facilities 
for receipt and dispatch of mail. Consolidation and sharing is 
frequently feasible with resulting economies in personnel, equipment, 
and space. Opportunities to effect economies through planned 
consolidation of such services occur particularly during the design 
stage of the construction of new Federal buildings, or the renovations 
to existing buildings. Opportunities may also occur as a result of needs

[[Page 32]]

assessments jointly conducted by local agencies.

[56 FR 33873, July 24, 1991]



Sec. 101-5.104-2  Basis for determining economic feasibility.

    (a) Whenever possible, determination of the economic feasibility of 
a proposed centralized service shall be based upon standard data on the 
relationship of the size of the Federal building, the number of 
occupants, location, and other factors pertinent to the type of 
centralized service being considered.
    (b) In the absence of standard data on which a determination of 
economic feasibility can be based, or where such data must be 
supplemented by additional factual information, a formal feasibility 
study may be made by GSA or a CASU workgroup, in coordination with local 
agencies to be involved, prior to a final determination to proceed with 
the furnishing of a centralized service. Generally, a formal feasibility 
study will be made only if provision of the proposed centralized service 
would involve the pooling of staff, equipment, and space which occupying 
agencies otherwise would be required to use in providing the service for 
themselves. Examples of centralized services which may require formal 
studies include printing and duplicating plants and similar facilities.
    (c) On the basis of experience under the centralized services 
program, GSA will develop criteria as to cost comparisons, production 
needs, building population, number of agencies involved, and other 
appropriate factors for consideration in determining the practicability 
of establishing various types of centralized services.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]



Sec. 101-5.104-3  Data requirements for feasibility studies.

    (a) The data requirements for feasibility studies may vary from 
program to program, but shall be standard within any single program. 
Such data shall disclose the costs resulting from provisions of the 
service on a centralized basis as compared to the same service provided 
separately by each occupying agency, including the costs of personnel 
assigned to provide the service, comparative space needs, equipment use, 
and any other pertinent factors.
    (b) Wherever feasible and appropriate, data will be secured directly 
from the prospective occupying agencies, subject to necessary 
verification procedures. Suitable standard formats and necessary 
instructions for submission of data will be prescribed in applicable 
subchapters of chapter 101.
    (c) Agencies required to submit data for a feasibility study will be 
furnished with copies of the prescribed reporting forms and such 
assistance as may be needed to assure their accurate and timely 
completion.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]



Sec. 101-5.104-4  Scheduling feasibility studies.

    The schedule of feasibility studies will be coordinated by GSA with 
its construction, space management, and buildings management programs. 
Before initiating the study, the Administrator of General Services, or 
his authorized designee, will give at least 30 days' notice to the head 
of each agency that would be served by the proposed centralized 
facility. Such notice will contain an indication of the cost elements 
involved and the general procedures to be followed in the study.



Sec. 101-5.104-5  Designating agency representatives.

    The head of each agency receiving a GSA notice regarding a scheduled 
feasibility study will be requested to designate one or more officials 
at the location where the study will be made who may consult with 
authorized GSA representatives. Such information and assistance as is 
required or pertinent for an adequate review of the feasibility of the 
proposed centralized service shall be made available to GSA through the 
designated agency representatives.



Sec. 101-5.104-6  Conduct  of  feasibility studies.

    An initial meeting of the representatives of prospective occupying 
agencies will be held to discuss the objectives and detailed procedures 
to be followed in the conduct of each feasibility

[[Page 33]]

study. Arrangements will be made at this meeting for securing all 
necessary data in accordance with Sec. 101-5.104-3.



Sec. 101-5.104-7  Administrator's determination.

    (a) The Administrator of General Services will determine, on the 
basis of the feasibility study, whether provision of a centralized 
service meets the criteria for increased economy, efficiency, and 
service, with due regard to the program and internal administrative 
requirements of the agencies to be served. The Director of the Office of 
Management and Budget and the head of each agency affected will be 
advised of the Administrator's determination and of the reasons 
therefor. Each determination to provide a centralized service shall 
include a formal report containing an explanation of the advantages to 
be gained, a comparison of estimated annual costs between the proposed 
centralized operation and separate agency operations, and a statement of 
the date the centralized facility will be fully operational.
    (b) While a formal appeals procedure is not prescribed, any agency 
desiring to explain its inability to participate in the use of a 
centralized service may do so through a letter to the Director of the 
Office of Management and Budget, with a copy to the Administrator of 
General Services.

[42 FR 35853, July 12, 1977]



Sec. 101-5.105  Operation of the centralized facility.

    (a) GSA will continually appraise the operation of centralized 
facilities to insure their continued justification in terms of economy 
and efficiency. Centralized services provided pursuant to the regulation 
may be discontinued or curtailed if no actual savings or operating 
improvements are realized after a minimum operating period of one year. 
Occupying agencies will be consulted regarding the timing of curtailment 
or discontinuance of any centralized services and the heads of such 
agencies notified at least 120 days in advance of each action.
    (b) Where mutual agreement is reached, an agency other than GSA may 
be designated by the Administrator of General Services to administer the 
centralized service.
    (c) Arrangements with regard to financing will conform to the 
special requirements of each type of centralized service and to existing 
law. Normally, reimbursement will be made for the use of established 
services except where the cost is nominal or where reimbursement may not 
be practicable.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]



Sec. 101-5.106  Agency committees.

    (a) Establishment. An occupying agency committee will be established 
by GSA if one does not exist, to assist the occupying agency, or such 
other agency as may be responsible, in the cooperative use of the 
centralized services, as defined in 101-5.102(a), provided in a Federal 
building. Generally, such a committee will be established when the 
problems of administration and coordination necessitate a formal method 
of consultation and discussion among occupying agencies.
    (b) Membership. Each occupying agency of a Federal building is 
entitled to membership on an agency committee. The chairperson of each 
such committee shall be a GSA employee designated by the appropriate GSA 
Regional Administrator, except when another agency had been designated 
to administer the centralized service. In this instance, the chairperson 
shall be an employee of such other agency as designated by competent 
authority within that agency.
    (c) Activities. Agency committees shall be advisory in nature and 
shall be concerned with the effectiveness of centralized services in the 
building. Recommendations of an agency committee will be forwarded by 
the chairman to the appropriate GSA officials for consideration and 
decision.
    (d) Reports. A resume of the minutes of each meeting of an agency 
committee shall be furnished to each member of the committee and to the 
appropriate GSA Regional Administrator.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]

[[Page 34]]



        Subpart 101-5.2--Centralized Field Reproduction Services



Sec. 101-5.200  Scope of subpart.

    This subpart states general guidelines and procedures for the 
establishment and operation of centralized field printing, duplicating, 
and photocopying services on a reimbursable basis. These services may be 
provided in multi-occupant leased and/or government-owned buildings.

[56 FR 33874, July 24, 1991]



Sec. 101-5.201  Applicability.

    This subpart is applicable to all executive agencies which occupy 
space in or are prospective occupants of a multioccupant Federal 
building or complex located in the United States.

[41 FR 46296, Oct. 20, 1976]



Sec. 101-5.202  Types of centralized field reproduction services.

    With due regard to the rules and regulations of the Joint Committee 
on Printing, the types of centralized field duplicating services made 
available by GSA to occupying agencies in a Federal building or complex 
will be as follows:
    (a) Services will include offset reproduction, electronic 
publishing, photocopying, distribution, bindery services, and other 
closely related services as requested or required.
    (b) Qualified specialists will be available for advice and guidance 
on publications management.

[30 FR 4358, Apr. 3, 1965, as amended at 41 FR 46296, Oct. 20, 1976; 56 
FR 33874, July 24, 1991]



Sec. 101-5.203  Economic feasibility of centralized field reproduction services.



Sec. 101-5.203-1  Scheduling of feasibility studies.

    (a) Based on the available data on the proposed size, location, 
number of agencies scheduled for occupancy, and other factors pertinent 
to a proposed new or acquired Federal building, GSA may determine 
whether to provide for a centralized field reproduction facility in the 
space directive covering the new building. A feasibility study 
thereafter will be scheduled and coordinated with the Federal building 
program of the Public Buildings Service, GSA, and the occupying agencies 
to occur during the period following development of the prospectus and 
before development of final working drawings for the space directive. 
The final decision to provide centralized field reproduction services in 
a new or acquired Federal building will be subject to subsequent 
determination by the GSA Administrator based upon results of the formal 
feasibility study. Agencies wishing not to participate may do so by 
requesting an exception from the appropriate GSA Regional Administrator.
    (b) Feasibility studies may be initiated by GSA and coordinated with 
occupying agencies in existing Federal buildings. Such studies will be 
conducted in accordance with the rules prescribed in 101-5.203.

[56 FR 33874, July 24, 1991]



Sec. 101-5.203-2  Notification of feasibility studies.

    The Administrator of General Services, or his authorized designee, 
will give at least 30 days notice to the head of each executive agency 
that would be served by a proposed centralized field reproduction 
facility in accordance with 101-5.104-4, and will request the 
designation of agency representatives, as provided in 101-5.104-5.

[56 FR 33874, July 24, 1991]



Sec. 101-5.203-3  Initiation of feasibility studies.

    Each feasibility study will be initiated with a general meeting of 
designated agency representatives, as provided in Sec. 101-5.104-6.



Sec. 101-5.203-4  Duplicating Services--Individual Agency Survey.

    Each agency covered by a feasibility study will be requested, 
through its designated local representative, to complete and furnish to 
the appropriate GSA regional office GSA Form 3300, Duplicating 
Services--Individual Agency Survey. When necessary, representatives of 
the GSA regional printing and distribution activity will be available to 
assist in completion of the GSA Form 3300. Copies of GSA Form 3300 will 
be furnished to the agencies

[[Page 35]]

by GSA regional offices at the time the request for completion is made.

[41 FR 46296, Oct. 20, 1976]



Sec. 101-5.203-5  Uniform space allowances.

    The space requirements for printing, duplicating, photocopying, and 
related equipment under individual agency use as compared with use in a 
centralized facility will be based upon uniform space allowances applied 
equally under both conditions.

[56 FR 33874, July 24, 1991]



Sec. 101-5.203-6  Pooling of equipment and personnel.

    (a) In establishing centralized reproduction facilities in Federal 
buildings or complexes, GSA's regional office will make arrangements 
with participating agencies for the transfer of duplicating and related 
equipment for the centralized plant. Equipment for which there is no 
foreseeable need in the centralized plant will not be transferred to the 
plant but will be disposed of or transferred by the owning agency out of 
the centralized plant. Copy processing machines, as provided in 
paragraph (b) of this section, as well as reproduction, addressing, and 
automatic-copy processing equipment used in bona fide systems 
applications may be retained by mutual agreement with user agencies.
    (b) All copy-processing machines having a maximum speed of 25 copies 
a minute or less are exempted from transfer to the centralized plant, 
subject to the following conditions:
    (1) No automatic document feeders, sorting mechanisms, or similar 
devices that encourage the use of the copier as a duplicating machine 
will be permitted, except in certified bona fide systems applications 
approved in advance by GSA.
    (2) All purchase orders for new copying equipment or for 
continuation of existing equipment shall be submitted to the centralized 
facility manager for approval prior to release to the vendor.
    (3) Exempted copiers, other than in bona fide systems applications 
provided in this Sec. 101-5.203-6, are to be used for making not more 
than 20 copies of any one original. Requirements for more than 20 copies 
shall be submitted to the centralized facility for reproduction.
    (4) The centralized facility manager shall periodically inspect 
agency copiers to ensure compliance with the terms of the exemption 
provisions. Following such inspections, action shall be taken first at 
the local level, then, if necessary, at the headquarters level, to 
promptly remove any unauthorized equipment, attachments, and devices not 
in consonance with these provisions.
    (c) Personnel devoting over 50 percent of time to the duplicating 
activities of the affected agency will be identified for transfer to the 
operating agency upon establishment of a centralized plant, in 
accordance with the Office of Personnel Management regulations relating 
to the transfer of functions. Agencies will transfer personnel ceiling 
to the operating agency for employees so transferred. In the event of 
later disestablishment of the centralized facility or substantial 
reduction in operations thereof, personnel ceiling will be returned to 
the agencies from which originally received.
    (d) Exceptions to pooling of equipment to meet the individual agency 
programmatic need, special physical security needs, confidentiality 
requirements, and/or certain quality standards will be made available to 
occupant agencies when use of such equipment is justified. Each agency 
must provide justification for approval of the GSA regional printing and 
distribution activity before acquiring space and/or electrical service 
from the building's manager. Otherwise, as agreed by the user agencies, 
GSA will not make available space for duplicating equipment, or provide 
other support services for such equipment in Federal buildings where use 
of that equipment would duplicate the services provided by the 
centralized services plant.

[41 FR 46296, Oct. 20, 1976, as amended at 56 FR 33875, July 24, 1991]



Sec. 101-5.203-7  Determination of feasibility.

    The Administrator of General Services will determine the economic 
feasibility of each proposed centralized field reproduction facility in 
accordance

[[Page 36]]

with 101-5.104-7. The Director of the Office of Management and Budget 
and the head of each affected agency will be advised of the 
Administrator's determination to establish a centralized facility.

[56 FR 33875, July 24, 1991]



Sec. 101-5.204  Operation of centralized field reproduction facilities.



Sec. 101-5.204-1  Continuity of service.

    Each new centralized field reproduction facility will be established 
in sufficient time to assure occupants moving into the building that 
there will be no interruption of duplicating services in support of 
their program activities.

[56 FR 33875, July 24, 1991]



Sec. 101-5.204-2  Announcement of centralized services.

    The appropriate GSA regional office will announce the availability 
of a centralized field reproduction facility approximately 90 days in 
advance of its activation, including:
    (a) The date service will be available;
    (b) The services which will be furnished, including technical 
assistance on reproduction problems;
    (c) A current price schedule;
    (d) Procedures for obtaining service; and
    (e) Billing procedures.

[56 FR 33875, July 24, 1991]



Sec. 101-5.204-3  Appraisal of operations.

    (a) The appropriate GSA regional office will appraise continually 
the operation of each centralized field reproduction facility. Proposals 
to expand, modify, or discontinue a centralized activity shall be made 
to the Director, Reproduction Services Division, in the Central Office, 
and must be supported by all pertinent information.
    (b) The Administrator of General Services will give a minimum of 120 
days notice to the heads of agencies concerned before any action to 
curtail or discontinue centralized services is taken.

[56 FR 33875, July 24, 1991]



Sec. 101-5.205  Designation of other agencies to operate plants.



Sec. 101-5.205-1  General.

    The Administrator of General Services, in accordance with 101-
5.105(b), may designate an agency other than GSA to operate a 
centralized field reproduction facility. Such designation will be made 
only by mutual agreement with the agency head concerned.

[56 FR 33875, July 24, 1991]



Sec. 101-5.205-2  Prerequisites to designation of other agencies.

    The following conditions are to be met by an agency designated by 
GSA to operate a centralized field reproduction facility:
    (a) Generally, prices changed to Government agencies using the 
centralized field facility should be no higher than those specified on 
the currently effective nationwide uniform General Services 
Administration Reproduction Services Price Schedule. In special 
circumstances, deviations from the Price Schedule may be developed 
jointly by GSA and the designated agency.
    (b) The designated agency shall accept responsibility for 
implementing the determination of the Administrator of General Services 
to establish a centralized reproduction facility, issued in accordance 
with 101-5.104-7 and 101-5.203-7, including the provisions for transfer 
of excess equipment and other procedures and conditions specified in 
that determination. Necessary deviations from the determination may be 
developed jointly by GSA and the designated agency.

[56 FR 33875, July 24, 1991]



Sec. 101-5.205-3  Actions prior to operation of facilities.

    The following actions are to be taken by an agency designated by GSA 
to operate a centralized field reproduction facility prior to operations 
of such a facility:
    (a) The designated agency shall assist the appropriate GSA regional 
office in the determination of firm space needs, including any special 
requirements. Space needs will be furnished by the GSA regional 
Administrative Services Division, Printing and Distribution

[[Page 37]]

Branch, before forwarding it to the Public Buildings Service, GSA, for 
preparation of final working drawings in the Federal building where the 
plant is to be located.
    (b) Arrangements shall be made by the designated agency, in 
cooperation with GSA, for the pooling of equipment and the necessary 
absorption of those employees of affected agencies engaged in 
duplicating work, as prescribed in Sec. 101-5.203-6.
    (c) After coordination with the designated operating agency to 
obtain its current price schedule, procedures for obtaining service, and 
billing procedures, GSA will announce the availability of the 
centralized field reproduction facility in the manner prescribed in 101-
5.204-2.

[30 FR 17166, Dec. 31, 1965, as amended at 33 FR 3228, Feb. 21, 1968; 41 
FR 46296, Oct. 20, 1976; 56 FR 33875, July 24, 1991]



Sec. 101-5.205-4  Plant inspections and customer evaluations.

    Periodic facility inspections and customer evaluations will be 
performed jointly by GSA and the designated agency in order to appraise 
the continuing effectiveness of the centralized facility.

[56 FR 33876, July 24, 1991]



            Subpart 101-5.3--Federal Employee Health Services

    Authority: Chapter 865, 60 Stat. 903; 5 U.S.C. 7901.

    Source: 30 FR 12883, Oct. 9, 1965, unless otherwise noted.



Sec. 101-5.300  Scope of subpart.

    This subpart 101-5.3 states the objective, guiding principles, 
criteria, and general procedures in connection with the establishment 
and operation of Federal employee health services in buildings managed 
by GSA.



Sec. 101-5.301  Applicability.

    This subpart 101-5.3 is applicable to all Federal agencies which 
occupy space in or are prospective occupying agencies of a building or 
group of adjoining buildings managed by GSA.



Sec. 101-5.302  Objective.

    It is the objective of GSA to provide or arrange for appropriate 
health service programs in all Government-owned and leased buildings, or 
groups of adjoining buildings, which it manages where the building 
population warrants, where other Federal medical facilities are not 
available, and, where the number of the occupying agencies indicating a 
willingness to participate in such a program on a reimbursable basis 
makes it financially feasible.



Sec. 101-5.303  Guiding principles.

    The following principles will control the scope of the health 
services to be provided in keeping with the objective:
    (a) Employees who work in groups of 300 or more, counting employees 
of all departments or agencies who are scheduled to be on duty at one 
time in the same building or group of buildings in the same locality 
will constitute the minimum number of employees required to warrant the 
establishment of a health service of a scope specified in Sec. 101-
5.304.
    (b) As an exception to paragraph (a) of this section, health 
services of the scope specified in Sec. 101-5.304 may be provided for 
employees who work in groups of less than 300 where the employing 
department or agency determines that working conditions involving 
unusual health risks warrant such provision.
    (c) Treatment and medical care in performance-of-duty cases will be 
provided to employees as set forth in the Federal Employees' 
Compensation Act (5 U.S.C. 751 et seq.).
    (d) Reimbursable costs for providing health services will be based 
on an operating budget which is a summary of all costs required to 
operate the health service. The reimbursement cost is prorated to 
participating agencies by means of a per capital formula computed by 
dividing the operating budget of the health service by the total number 
of employees sponsored for service. The size of the Federal population 
served, the compensation of the employees of the health unit, and other 
factors of medical economics prevalent in the area are factors which 
affect the local reimbursement cost. Further, in appropriate cases where 
more than one

[[Page 38]]

health unit is servicing employees housed in the same general locality, 
costs may be equalized by combining the operating budgets of all such 
units and dividing the total of the operating budgets by the number of 
employees sponsored. Special industrial conditions or othe abnormal 
health or accident risk environments may increase the per capita cost.

[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]



Sec. 101-5.304  Type of occupational health services.

    The type of occupational health services made available to occupying 
agencies will be as follows:
    (a) Emergency diagnosis and first treatment of injury or illness 
that become necessary during working hours and that are within the 
competence of the professional staff and facilities of the health 
service unit, whether or not such injury was sustained by the employee 
while in the performance of duty or whether or not such illness was 
caused by his employment. In cases where the necessary first treatment 
is outside the competence of the health service staff and facilites, 
conveyance of the employee to a nearby physician or suitable community 
medical facility may be provided at Government expense at the request 
of, or on behalf of, the employee.
    (b) Preemployment examinations of persons selected for appointment.
    (c) Such inservice examinations of employees as the participating 
agency determines to be necessary, such as voluntary employee health 
maintenance examinations which agencies may request for selected 
employees. Such examinations may be offered on a limited formula plan to 
all participating agencies when the resources of the health service 
staff and facilities will permit. Alternatively, when agencies are 
required to limit the cost of an occupational health services program, 
the provision of inservice examinations may be provided to selected 
employees of individual agencies and reimbursed on an individual basis.
    (d) Administration, in the discretion of the responsible health 
service unit physician, of treatments and medications
    (1) Furnished by the employee and prescribed in writing by his 
personal physician as reasonably necessary to maintain the employee at 
work, and
    (2) Prescribed by a physician providing medical care in performance-
of-duty injury or illness cases under the Federal Employees' 
Compensation Act.
    (e) Preventive services within the competence of the professional 
staff
    (1) To appraise and report work environment health hazards as an aid 
in preventing and controlling health risks;
    (2) To provide health education to encourage employees to maintain 
personal health; and
    (3) To provide specific disease screening examinations and 
immunizations.
    (f) In addition, employees may be referred, upon their request, to 
private physicians, dentists, and other community health resources.

[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]



Sec. 101-5.305  Agency participation.

    At the time the space requirements for a building or a group of 
adjoining buildings are developed by GSA, the prospective occupying 
agencies will be canvassed by GSA to determine if they wish to 
participate in the occupational health services program. Each agency 
desiring to participate in the program will be requested to furnish GSA 
with a written commitment, signed by an authorized official, that it is 
prepared to reimburse GSA, or such other agency as is designated 
pursuant to Sec. 101-5.105(b), on a yearly per capita basis for each of 
its employees housed in the building or buildings covered by the 
program.



Sec. 101-5.306  Economic feasibility.

    (a) The studies by GSA which lead to the development of space 
requirements and the determinations made as the result thereof will 
constitute the feasibility studies and the Administrator's determination 
contemplated by Sec. 101-5.104.
    (b) Each determination to provide health services will be governed 
by the principles stated in Sec. 101-5.303 and will be in consonance 
with the general standards and guidelines furnished Federal agencies by 
the Public Health

[[Page 39]]

Service of the Department of Health, Education, and Welfare.



Sec. 101-5.307  Public Health Service.

    (a) The only authorized contact point for assistance of and 
consultation with the Public Health Service is the Federal Employee 
Health Programs, Division of Hospitals, Public Health Service, 
Washington, DC 20201. Other Federal agencies may be designated by the 
GSA Regional Administrator, pursuant to Sec. 101-5.105(b) to operate 
occupational health services. Designated agencies should contact the 
Public Health Service directly on all matters dealing with the 
establishment and operation of these services.
    (b) Public Health Service should be consulted by the designated 
agency on such matters as types, amounts, and approximate cost of 
necessary equipment; the scope of the services to be provided if it is 
affected by the amount of space and number of building occupants; types 
and amounts of supplies, materials, medicines, etc., which should be 
stocked; and the approximate cost of personnel staffing in cases where 
this method of operation is chosen, etc. PHS should also be asked to 
develop and monitor standards under which each health unit would be 
operated.

Subparts 101-5.4--101-5.48 [Reserved]



           Subpart 101-5.49--Forms, Reports, and Instructions



Sec. 101-5.4900  Scope of subpart.

    This subpart contains forms, reports, and related instructions used 
in connection with the regulations on centralized services in Federal 
buildings prescribed in this part 101-5.

[30 FR 4359, Apr. 3, 1965]



PART 101-6--MISCELLANEOUS REGULATIONS--Table of Contents




Sec.
101-6.000  Scope of part.

Subpart 101-6.1  [Reserved]

    Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal 
                          Financial Assistance

101-6.201  Scope of subpart.
101-6.202  Purpose.
101-6.203  Application of subpart.
101-6.204  Discrimination prohibited.
101-6.204-1  General.
101-6.204-2  Specific discriminatory actions prohibited.
101-6.204-3  Special programs.
101-6.205  Assurances required.
101-6.205-1  General.
101-6.205-2  Continuing State programs.
101-6.205-3  Elementary and secondary schools.
101-6.205-4  Applicability of assurances.
101-6.206  Illustrative applications.
101-6.207--101-6.208  [Reserved]
101-6.209  Compliance information.
101-6.209-1  Cooperation and assistance.
101-6.209-2  Compliance reports.
101-6.209-3  Access to sources of information.
101-6.209-4  Information to beneficiaries and participants.
101-6.210  Conduct of investigations.
101-6.210-1  Periodic compliance reviews.
101-6.210-2  Complaints.
101-6.210-3  Investigations.
101-6.210-4  Resolution of matters.
101-6.210-5  Intimidatory or retaliatory acts prohibited.
101-6.211  Procedure for effecting compliance.
101-6.211-1  General.
101-6.211-2  Noncompliance with Sec. 101-6.205.
101-6.211-3  Termination of or refusal to grant or to continue Federal 
          financial assistance.
101-6.211-4  Other means authorized by law.
101-6.212  Hearings.
101-6.212-1  Opportunity for hearing.
101-6.212-2  Time and place of hearing.
101-6.212-3  Right to counsel.
101-6.212-4  Procedures, evidence, and record.
101-6.212-5  Consolidated or joint hearings.
101-6.213  Decisions and notices.
101-6.213-1  Decision by person other than the responsible GSA official.
101-6.213-2  Decisions on record or review by the responsible GSA 
          official.
101-6.213-3  Decisions on record where a hearing is waived.
101-6.213-4  Rulings required.
101-6.213-5  Approval by Administrator.
101-6.213-6  Content of orders.
101-6.213-7  Post termination proceedings.
101-6.214  Judicial review.
101-6.215  Effect on other regulations; forms and instructions.
101-6.215-1  Effect on other regulations.
101-6.215-2  Forms and instructions.
101-6.215-3  Supervision and coordination.
101-6.216  Definitions.

[[Page 40]]

101-6.217  Laws authorizing Federal financial assistance for programs to 
          which this subpart applies.

                      Subpart 101-6.3--Ridesharing

101-6.300  Federal facility ridesharing--general policy.
101-6.301  Definitions.
101-6.302  Employee transportation coordinators.
101-6.303  Reporting procedures.
101-6.304  Exemptions.
101-6.305  Assistance to agencies.

 Subpart 101-6.4--Official Use of Government Passenger Carriers Between 
                    Residence and Place of Employment

101-6.400  Cross-reference to the Federal Management Regulation (FMR) 
          (41 CFR chapter 102, parts 102-1 through 102-220).

         Subpart 101-6.5--Code of Ethics for Government Service

101-6.500  Scope of subpart.

        Subpart 101-6.6--Fire Protection (Firesafety) Engineering

101-6.600  Scope of subpart.
101-6.601  Background.
101-6.602  Application.
101-6.603  Definitions.
101-6.604  Requirements.
101-6.605  Responsibility.

Subparts 101-6.7--101-6.9  [Reserved]

         Subpart 101-6.10--Federal Advisory Committee Management

101-6.1001  Scope.
101-6.1002  Policy.
101-6.1003  Definitions.
101-6.1004  Examples of advisory meetings or groups not covered by the 
          Act or this subpart.
101-6.1005  Authorities for establishment of advisory committees.
101-6.1006  [Reserved]
101-6.1007  Agency procedures for establishing advisory committees.
101-6.1008  The role of GSA.
101-6.1009  Responsibilities of an agency head.
101-6.1010  [Reserved]
101-6.1011  Responsibilities of the chairperson of an independent 
          Presidential advisory committee.
101-6.1012  [Reserved]
101-6.1013  Charter filing requirements.
101-6.1014  [Reserved]
101-6.1015  Advisory committee information which must be published in 
          the Federal Register.
101-6.1016  [Reserved]
101-6.1017  Responsibilities of the agency Committee Management Officer.
101-6.1018  [Reserved]
101-6.1019  Duties of the Designated Federal Officer.
101-6.1020  [Reserved]
101-6.1021  Public participation in advisory committee meetings.
101-6.1022  [Reserved]
101-6.1023  Procedures for closing an advisory committee meeting.
101-6.1024  [Reserved]
101-6.1025  Requirement for maintaining minutes of advisory committee 
          meetings.
101-6.1026  [Reserved]
101-6.1027  Termination of advisory committees.
101-6.1028  [Reserved]
101-6.1029  Renewal and rechartering of advisory committees.
101-6.1030  [Reserved]
101-6.1031  Amendments to advisory committee charters.
101-6.1032  [Reserved]
101-6.1033  Compensation and expense reimbursement of advisory committee 
          members, staffs and consultants.
101-6.1034  [Reserved]
101-6.1035  Reports required for advisory committees.

Subparts 101-6.11--101-6.20  [Reserved]

     Subpart 101-6.21--Intergovernmental Review of General Services 
                 Administration Programs and Activities

101-6.2100  Scope of subpart.
101-6.2101  What is the purpose of these regulations?
101-6.2102  What definitions apply to these regulations?
101-6.2103  What programs and activities of GSA are subject to these 
          regulations?
101-6.2104  What are the Administrator's general responsibililties under 
          the Order?
101-6.2105  What is the Administrator's obligation with respect to 
          Federal interagency coordination?
101-6.2106  What procedures apply to the selection of programs and 
          activities under these regulations?
101-6.2107  How does the Administrator communicate with State and local 
          officials concerning GSA's programs and activities?
101-6.2108  How does the Administrator provide States an opportunity to 
          comment on proposed Federal financial assistance and direct 
          Federal development?
101-6.2109  How does the Administrator receive and respond to comments?
101-6.2110  How does the Administrator make efforts to accommodate 
          intergovernmental concerns?

[[Page 41]]

101-6.2111  What are the Administrator's obligations in interstate 
          situations?
101-6.2112  How may a State simplify, consolidate, or substitute 
          federally required State plans?
101-6.2113  May the Administrator waive any provision of these 
          regulations?

Subparts 101-6.22--101-6.48  [Reserved]

                     Subpart 101-6.49--Illustrations

101-6.4900  Scope of subpart.
101-6.4901  [Reserved]
101-6.4902  Format of certification required for budget submissions of 
          estimates of obligations in excess of $100,000 for 
          acquisitions of real and related personal property.

    Authority: 31 U.S.C. 1344(e)(1); 40 U.S.C. 486(c).



Sec. 101-6.000  Scope of part.

    This part sets forth miscellaneous regulations regarding Federal 
Property Management Regulations matters which do not come within the 
scope of any other subchapter of chapter 101.

(5 U.S.C. 5724, and E.O. 11012, 27 FR 2983; 3 CFR, 1959-1963 Comp., p. 
591)

[29 FR 15972, Dec. 1, 1964]

Subpart 101-6.1  [Reserved]



    Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal 
                          Financial Assistance

    Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.

    Source: 29 FR 16287, Dec. 4, 1964, unless otherwise noted.



Sec. 101-6.201  Scope of subpart.

    This subpart provides the regulations of the General Services 
Administration (GSA) under title VI of the Civil Rights Act of 1964 (52 
U.S.C. 2000d--2000d-4) concerning nondiscrimination in federally 
assisted programs in connection with which Federal financial assistance 
is extended under laws administered in whole or in part by GSA.

[38 FR 17973, July 5, 1973]



Sec. 101-6.202  Purpose.

    The purpose of this subpart is to effectuate the provisions of title 
VI of the Civil Rights Act of 1964 (hereinafter referred to as the 
``Act'') to the end that no person in the United States shall, on the 
ground of race, color, or national origin, be excluded from 
participation in, be denied the benefits of, or be otherwise subjected 
to discrimination under any program or activity receiving Federal 
financial assistance from GSA.



Sec. 101-6.203  Application of subpart.

    (a) Subject to paragraph (b) of this section, this subpart applies 
to any program for which Federal financial assistance is authorized 
under a law administered in whole or in part by GSA, including the laws 
listed in Sec. 101-6.217. It applies to money paid, property 
transferred, or other Federal financial assistance extended to any such 
program after the effective date of this subpart pursuant to an 
application approved prior to such effective date. This subpart does not 
apply to (1) Any Federal financial assistance by way of insurance or 
guaranty contracts, (2) money paid, property transferred, or other 
assistance extended to any such program before the effective date of 
this subpart, except to the extent otherwise provided by contract, (3) 
any assistance to any individual who is the ultimate beneficiary under 
any such program, or (4) any employment practice, under any such 
program, of any employer, employment agency, or labor organization, 
except to the extent described in Sec. 101-6.204-2(d). The fact that a 
statute which authorizes GSA to extend Federal financial assistance to a 
program or activity is not listed in Sec. 101-6.217 shall not mean, if 
title VI of the Act is otherwise applicable, that such program is not 
covered. Other programs involving statutes now in force or hereinafter 
enacted may be added to this list by notice published in the Federal 
Register.
    (b) The regulations issued by the following Departments pursuant to 
title VI of the Act shall be applicable to the programs involving 
Federal financial assistance of the kind indicated, and those 
Departments shall respectively be responsible for determining and 
enforcing compliance therewith:
    (1) Department of Health, Education, and Welfare--donation or 
transfer of

[[Page 42]]

surplus property for purposes of education or public health (Sec. 101-
6.217 (a)(2) and (b)).
    (2) Department of Defense--donation of surplus personal property for 
purposes of civil defense (Sec. 101-6.217(a)(2)).
    (3) Department of Transportation--donation of property for public 
airport purposes (Sec. 101-6.217(c)). GSA will, however, be responsible 
for obtaining such assurances as may be required in applications and in 
instruments effecting the transfer of property.
    (4) Department of the Interior--disposal of surplus real property, 
including improvements, for use as a public park, public recreational 
area, or historic monument (Sec. 101-6.217(d) (1) and (2)). GSA will, 
however, be responsible for obtaining such assurances as may be required 
in applications and in instruments effecting the transfer of property 
for use as a historic monument.
    (5) Department of Housing and Urban Development--disposal of surplus 
real property for use in the provision of rental or cooperative housing 
to be occupied by families or individuals of low or moderate income 
(Sec. 101-6.217(q)).
    (c) Each Department named in paragraph (b) of this section shall 
keep GSA advised of all compliance and enforcement actions, including 
sanctions imposed or removed, taken by it with respect to the programs 
specified in paragraph (b) of this section to which the regulations of 
such Department apply.

[38 FR 17973, July 5, 1973]



Sec. 101-6.204  Discrimination prohibited.



Sec. 101-6.204-1  General.

    No person in the United States shall, on the ground of race, color, 
or national origin, be excluded from participation in, be denied the 
benefits of, or be otherwise subjected to discrimination under any 
program to which this subpart applies.



Sec. 101-6.204-2  Specific discriminatory actions prohibited.

    (a)(1) In connection with any program to which this subpart applies, 
a recipient may not, directly or through contractual or other 
arrangements, on the ground of race, color, or national origin:
    (i) Deny an individual any service, financial aid, or other benefit 
provided under the program;
    (ii) Provide any service, financial aid, or other benefit to an 
individual which is different, or is provided in a different manner, 
from that provided to others under the program;
    (iii) Subject an individual to segregation or separate treatment in 
any matter related to his receipt of any service, financial aid, or 
other benefit under the program;
    (iv) Restrict an individual in any way in the enjoyment of any 
advantage or privilege enjoyed by others receiving any service, 
financial aid, or other benefit under the program;
    (v) Treat an individual differently from others in determining 
whether he satisfies any admission, enrollment, quota, eligibility, 
membership or other requirement or condition which individuals must meet 
in order to be provided any service, financial aid, or other benefit 
provided under the program;
    (vi) Deny an individual an opportunity to participate in the program 
through the provision of services or otherwise, or afford him an 
opportunity to do so which is different from that afforded others under 
the program (including the opportunity to participate in the program as 
an employee but only to the extent set forth in paragraph (d) of this 
Sec. 101-6.204-2).
    (2) A recipient, in determining the types of services, financial 
aid, or other benefits, or facilities which will be provided under any 
such program, or the class of individuals to whom, or the situations in 
which, such services, financial aid, other benefits, or facilities will 
be provided under any such program, or the class of individuals to be 
afforded an opportunity to participate in any such program, may not, 
directly or through contractual or other arrangements, utilize criteria 
or methods of administration which have the effect of subjecting 
individuals to discrimination because of their race, color, or national 
origin, or have the effect of defeating or substantially impairing 
accomplishment of the objectives of the

[[Page 43]]

program as respect individuals of a particular race, color, or national 
origin.
    (3) In determining the site or location of facilities, an applicant 
or recipient may not make selections with the purpose or effect of 
excluding individuals from, denying them the benefits of, or subjecting 
them to discrimination under any program to which this subpart applies, 
on the ground of race, color, or national origin or with the purpose or 
effect of defeating or substantially impairing the accomplishment of the 
objectives of the Act or this subpart.
    (4) This subpart does not prohibit the consideration of race, color, 
or national origin if the purpose and effect are to remove or overcome 
the consequences of practices or impediments which have restricted the 
availability of, or participation in, the program or activity receiving 
Federal financial assistance, on the ground of race, color, or national 
origin. Where previous discriminatory practice or usage tends, on the 
ground of race, color, or national origin, to exclude individuals from 
participation in, to deny them the benefits of, or to subject them to 
discrimination under any program or activity to which this subpart 
applies, the applicant or recipient has an obligation to take reasonable 
action to remove or overcome the consequences of the prior 
discriminatory practice or usage, and to accomplish the purposes of the 
Act.
    (b) As used in this Sec. 101-6.204-2 the services, financial aid, or 
other benefits provided under a program receiving Federal financial 
assistance shall be deemed to include any service, financial aid, or 
other benefit provided in or through a facility provided with the aid of 
Federal financial assistance.
    (c) The enumeration of specific forms of prohibited discrimination 
in this Sec. 101-6.204-2 does not limit the generality of the 
porhibition in Sec. 101-6.204-1.
    (d)(1) Where a primary objective of the Federal financial assistance 
to a program to which this subpart applies is to provide employment, a 
recipient may not, directly or through contractual or other 
arrangements, subject an individual to discrimination on the ground of 
race, color, or national origin in its employment practices under such 
program (including, but not limited to, recruitment or recruitment 
advertising; employment; layoff or termination; upgrading, demotion, or 
transfer; rates of pay or other forms of compensation; selection for 
training, including apprenticeship; and use of facilities). The 
requirements applicable to construction employment under any such 
program shall be those specified in or pursuant to part III of Executive 
Order 11246 or the corresponding provisions of any Executive order which 
supersedes it.
    (2) Where a primary objective of the Federal financial assistance is 
not to provide employment, but discrimination on the ground of race, 
color, or national origin in the employment practices of the recipient 
or other persons subject to this subpart tends, on the ground of race, 
color, or national origin, to exclude individuals from participation in, 
to deny them the benefits of, or to subject them to discrimination under 
any program to which this subpart applies, the provisions of paragraph 
(d)(1) of this section shall apply to the employment practices of the 
recipient or other persons subject to this subpart, to the extent 
necessary to insure equality of opportunity to, and nondiscriminatory 
treatment of, beneficiaries.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]



Sec. 101-6.204-3  Special programs.

    An individual shall not be deemed subjected to discrimination by 
reason of his exclusion from the benefits of a program limited by 
Federal law to individuals of a particular race, color, or national 
origin different from his.



Sec. 101-6.205  Assurances required.



Sec. 101-6.205-1  General.

    (a) Every application for Federal financial assistance to carry out 
a program to which this subpart 101-6.2 applies, except a program to 
which Sec. 101-6.205-2 applies, and every application for Federal 
financial assistance to provide a facility shall, as a condition to its 
approval and the extension of any Federal financial assistance pursuant 
to the application, contain or be accompanied by an assurance that the

[[Page 44]]

program will be conducted or the facility operated in compliance with 
all requirements imposed by or pursuant to this subpart 101-6.2. In the 
case of an application for Federal financial assistance to provide real 
property or structures thereon, the assurance shall obligate the 
recipient, or, in the case of a subsequent transfer, the transferee, for 
the period during which the real property or structures are used for a 
purpose for which the Federal financial assistance is extended or for 
another purpose involving the provision of similar services or benefits. 
In the case of personal property, the assurance shall obligate the 
recipient for the period during which he retains ownership or possession 
of the property. In all other cases the assurance shall obligate the 
recipient for the period during which Federal financial assistance is 
extended pursuant to the application. The responsible GSA official shall 
specify the form of the foregoing assurances for each program and the 
extent to which like assurances will be required of subgrantees, 
contractors and subcontractors, transferees, successors in interest, and 
other participants in the program. Any such assurance shall include 
provisions which give the United States a right to seek its judicial 
enforcement.
    (b) In the case of real property, structures or improvements 
thereon, or interests therein, which is acquired with Federal financial 
assistance, or in the case where Federal financial assistance is 
provided in the form of a transfer of real property or interest therein 
from the Federal Government, the instrument effecting or recording the 
transfer shall contain a covenant running with the land assuring 
nondiscrimination for the period during which the real property is used 
for a purpose for which the Federal financial assistance is extended or 
for another purpose involving the provision of similar services or 
benefits. Where no transfer of property is involved, but property is 
improved under a program of Federal financial assistance, the recipient 
shall agree to include such a covenant in any subsequent transfer of 
such property. Where the property is obtained from the Federal 
Government, such covenant may also include a condition coupled with a 
right to be reserved by GSA to revert title to the property in the event 
of a breach of the covenant where, in the discretion of the responsible 
GSA official, such a condition and right of reverter is appropriate to 
the program under which the real property is obtained and to the nature 
of the grant and the grantee. In such event, if a transferee of real 
property proposes to mortgage or otherwise encumber the real property as 
security for financing construction of new, or improvement of existing, 
facilities on such property for the purposes for which the property was 
transferred, the Administrator may agree, upon request of the transferee 
and if necessary to accomplish such financing, and upon such conditions 
as he deems appropriate, to forebear the exercise of such right to 
revert title for so long as the lien of such mortgage or other 
encumberance remains effective.
    (c) The assurance required in the case of a transfer of personal 
property shall be inserted in the instrument effecting the transfer of 
the property.
    (d) In the case of programs not involving a transfer of property, 
the assurance required shall be inserted in the agreement executed 
between the United States and the recipient covering the extension of 
Federal financial assistance.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]



Sec. 101-6.205-2  Continuing State programs.

    Every application by a State or a State agency to carry out a 
program involving continuing Federal financial assistance to which this 
subpart applies shall as a condition to its approval and the extension 
of any Federal financial assistance pursuant to the application (a) 
contain or be accompanied by a statement that the program is (or, in the 
case of a new program, will be) conducted in compliance with all 
requirements imposed by or pursuant to this subpart, and (b) provide or 
be accompanied by provision for such methods of administration for the 
program as are found by the responsible GSA official to give reasonable 
assurance that the applicant and

[[Page 45]]

all recipients of Federal financial assistance under such program will 
comply with all requirements imposed by or pursuant to this subpart.

[38 FR 17974, July 5, 1973]



Sec. 101-6.205-3  Elementary and secondary schools.

    The requirements of Secs. 101-6.205-1 and 101-6.205-2 with respect 
to any elementary or secondary school or school system shall be deemed 
to be satisfied if such school or school system (a) Is subject to a 
final order of a court of the United States for the desegregation of 
such school or school system, and provides an assurance that it will 
comply with such order, including any future modification of such order, 
or (b) submits a plan for the desegregation of such school or school 
system which the responsible official of the Department of Health, 
Education, and Welfare determines is adequate to accomplish the purposes 
of the Act and this subpart within the earliest practicable time, and 
provides reasonable assurance that it will carry out such plan. In any 
case of continuing Federal financial assistance such responsible 
official may reserve the right to redetermine, after such period as may 
be specified by him, the adequacy of the plan to accomplish the purposes 
of the Act and this subpart. In any case in which a final order of a 
court of the United States for the desegregation of such school or 
school system is entered after submission of such a plan, such plan 
shall be revised to conform to such final order, including any future 
modification of such order.

[38 FR 17974, July 5, 1973]



Sec. 101-6.205-4  Applicability of assurances.

    (a) In the case of any application for Federal financial assistance 
to an institution of higher education, the assurance required by this 
Sec. 101-6.205 shall extend to admission practices and to all other 
practices relating to the treatment of students.
    (b) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution unless the applicant establishes, to the 
satisfaction of the responsible GSA official, that the institution's 
practices in designated parts or programs of the institution will in no 
way affect its practices in the program of the institution for which 
Federal financial assistance is sought, or the beneficiaries of or 
participants in such program. If in any such case the assistance sought 
is for the construction of a facility or part of a facility, the 
assurance shall in any event extend to the entire facility and to 
facilities operated in connection therewith.
    (c) Where an installation or facility (for example, a public 
airport, or park or recreation area) is comprised of real property for 
which application is made under a program, and, in addition, other real 
property of the applicant, the assurance required under this Sec. 101-
6.205 shall be applicable to the entire installation or facility.



Sec. 101-6.206  Illustrative applications.

    The following examples will illustrate the application of the 
foregoing provisions of this subpart to certain programs for which 
Federal financial assistance is extended by GSA (in all cases the 
discrimination prohibited is discrimination on the ground of race, 
color, or national origin, prohibited by title VI of the Act and this 
subpart):
    (a) In the programs involving the transfer of surplus property for 
airport, park or recreation, historic monument, wildlife conservation, 
or street widening purposes (Sec. 101-6.217(c), (d), (e), and (h)), the 
public generally is entitled to the use of the facility and to receive 
the services provided by the facility and to facilities operated in 
connection therewith, without segregation or any other discriminatory 
practices.
    (b) In the program involving the loan of machine tools to nonprofit 
institutions or training schools (Sec. 101-6.217(o)), discrimination by 
the recipient in the admission of students or trainees or in the 
treatment of its students or trainees in any aspect of the educational

[[Page 46]]

process is prohibited. In the case of an institution of higher 
education, the prohibition applies to the entire institution except as 
provided in paragraph (b) of Sec. 101-6.205-4. In the case of elementary 
or secondary schools, the prohibition applies to all elementary and 
secondary schools of the recipient school district, consistent with 
Sec. 101-6.205-3. In this and other illustrations the prohibition of 
discrimination in the treatment of students or trainees includes the 
prohibition of discrimination among the students or trainees in the 
availability or use of any academic, dormitory, eating, recreational, or 
other facilities of the recipient.
    (c) In the programs involving the donation of personal property to 
public bodies or the American National Red Cross (Sec. 101-6.217 (f) and 
(j)), discrimination in the selection or treatment of individuals to 
receive or receiving the benefits or services of the program is 
prohibited.
    (d) In the program involving the donation of personal property to 
eleemosynary institutions (Sec. 101-6.217(1)), the assurance will apply 
to applicants for admission, patients, interns, residents, student 
nurses, and other trainees, and to the privilege of physicians, 
dentists, and other professionally qualified persons to practice in the 
institution, and will apply to the entire institution and to facilities 
operated in connection therewith, subject to the provisions of Sec. 101-
6.205-4(b).
    (e) In the programs involving the allotment of space by GSA to 
Federal Credit Unions, without charge for rent or services, and the 
provision of free space and utilities for vending stands operated by 
blind persons (Sec. 101-6.217 (i) and (k)), discrimination by 
segregation or otherwise in providing benefits or services is 
prohibited.
    (f) In the program involving grants to State and local agencies and 
to nonprofit organizations and institutions for the collecting, 
describing, preserving, and compiling and publishing of documentary 
sources significant to the history of the United States (Sec. 101-
6.217(n)), discrimination by the recipient in the selection of students 
or other participants in the program, and, with respect to educational 
institutions, in the admission or treatment of students, is prohibited.
    (g) In the program involving the transfer of surplus real property 
for use in the provision of rental or cooperative housing to families or 
individuals of low or moderate income (Sec. 101-6.217(q)), 
discrimination in the selection and assignment of tenants is prohibited.
    (h) A recipient may not take action that is calculated to bring 
about indirectly what this subpart forbids it to accomplish directly.
    (i) In some situations even though past discriminatory practices 
have been abandoned, the consequences of such practices continue to 
impede the full availability of a benefit. If the efforts required of 
the applicant or recipient under Sec. 101-6.209-4 to provide information 
as to the availability of the program or activity and the rights of 
beneficiaries under this subpart have failed to overcome these 
consequences, it will become necessary for such applicant or recipient 
to take additional steps to make the benefits fully available to racial 
and nationality groups previously subjected to discrimination. This 
action might take the form, for example, of special arrangements for 
obtaining referrals or making selections which will ensure that groups 
previously subjected to discrimination are adequately served.
    (j) Even though an applicant or recipient has never used 
discriminatory policies, the services and benefits of the program or 
activity it administers may not in fact be equally available to some 
racial or nationality groups. In such circumstances, an applicant or 
recipient may properly give special consideration to race, color, or 
national origin to make the benefits of its program more widely 
available to such groups not then being adequately served. For example, 
where a university is not adequately serving members of a particular 
racial or nationality group, it may establish special recruitment 
policies to make its program better known and more readily available to 
such group, and take other steps to provide that group with more 
adequate service.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]

[[Page 47]]



Secs. 101-6.207--101-6.208  [Reserved]



Sec. 101-6.209  Compliance information.



Sec. 101-6.209-1  Cooperation and assistance.

    Each responsible GSA official shall to the fullest extent 
practicable seek the cooperation of recipients in obtaining compliance 
with this subpart 101-6.2 and shall provide assistance and guidance to 
recipients to help them comply voluntarily with this subpart.



Sec. 101-6.209-2  Compliance reports.

    Each recipient shall keep such records and submit to the responsible 
GSA official or his designee timely, complete and accurate compliance 
reports at such times, and in such form and containing such information, 
as the responsible GSA official or his designee may determine to be 
necessary to enable him to ascertain whether the recipient has complied 
or is complying with this subpart 101-6.2. In the case of any program 
under which a primary recipient extends Federal financial assistance to 
any other recipient, such other recipient shall also submit such 
compliance reports to the primary recipient as may be necessary to 
enable the primary recipient to carry out its obligations under this 
subpart.



Sec. 101-6.209-3  Access to sources of information.

    Each recipient shall permit access by the responsible GSA official 
or his designee during normal business hours to such of its books, 
records, accounts, and other sources of information, and its facilities 
as may be pertinent to ascertain compliance with this subpart. Where any 
information required of a recipient is in the exclusive possession of 
any other agency, institution or person and this agency, institution or 
person shall fail or refuse to furnish this information, the recipient 
shall so certify in its report and shall set forth what efforts it has 
made to obtain the information.



Sec. 101-6.209-4  Information to beneficiaries and participants.

    Each recipient shall make available to participants, beneficiaries, 
and other interested persons such information regarding the provisions 
of this subpart 101-6.2 and its applicability to the program under which 
the recipient receives Federal financial assistance, and make such 
information available to them in such manner, as the responsible GSA 
official finds necessary to apprise such persons of the protections 
against discrimination assured them by the Act and this subpart 101-6.2.



Sec. 101-6.210  Conduct of investigations.



Sec. 101-6.210-1  Periodic compliance reviews.

    The responsible GSA official or his designee shall from time to time 
review the practices of recipients to determine whether they are 
complying with this regulation.



Sec. 101-6.210-2  Complaints.

    Any person who believes himself or any specific class of individuals 
to be subjected to discrimination prohibited by this subpart 101-6.2 may 
by himself or by a representative file with the responsible GSA official 
or his designee a written complaint. A complaint must be filed not later 
than 90 days from the date of the alleged discrimination, unless the 
time for filing is extended by the responsible GSA official or his 
designee.



Sec. 101-6.210-3  Investigations.

    The responsible GSA official or his designee will make a prompt 
investigation whenever a compliance review, report, complaint, or any 
other information indicates a possible failure to comply with this 
subpart 101-6.2. The investigation should include, where appropriate, a 
review of the pertinent practices and policies of the recipient, the 
circumstances under which the possible noncompliance with this subpart 
occurred, and other factors relevant to a determination as to whether 
the recipient has failed to comply with this subpart.



Sec. 101-6.210-4  Resolution of matters.

    (a) If an investigation pursuant to Sec. 101-6.210-3 indicates a 
failure to comply with this subpart 101-6.2, the responsible GSA 
official or his designee will so inform the recipient and the matter 
will be resolved by informal

[[Page 48]]

means whenever possible. If it has been determined that the matter 
cannot be resolved by informal means, action will be taken as provided 
for in Sec. 101-6.211.
    (b) If an investigation does not warrant action pursuant to 
paragraph (a) of this section the responsible GSA official or his 
designee will so inform the recipient and the complainant, if any, in 
writing.



Sec. 101-6.210-5  Intimidatory or retaliatory acts prohibited.

    No recipient or other person shall intimidate, threaten, coerce, or 
discriminate against any individual for the purpose of interfering with 
any right or privilege secured by section 601 of the Act or this subpart 
101-6.2, or because he has made a complaint, testified, assisted or 
participated in any manner in an investigation, proceeding, or hearing 
under this subpart. The identity of complainants shall be kept 
confidential except to the extent necessary to carry out the purposes of 
this subpart, including the conduct of any investigation, hearing, or 
judicial proceeding arising thereunder.



Sec. 101-6.211  Procedure for effecting compliance.



Sec. 101-6.211-1  General.

    If there appears to be a failure or threatened failure to comply 
with this subpart 101-6.2, and if the noncompliance or threatened 
noncompliance cannot be corrected by informal means, compliance with 
this subpart may be effected by the suspension or termination of or 
refusal to grant or to continue Federal financial assistance or by any 
other means authorized by law. Such other means may include, but are not 
limited to, (a) a reference to the Department of Justice with a 
recommendation that appropriate proceedings be brought to enforce any 
rights of the United States under any law of the United States 
(including other titles of the Act), or any assurance or other 
contractual undertaking, and (b) any applicable proceeding under State 
or local law.



Sec. 101-6.211-2  Noncompliance with Sec. 101-6.205.

    If an applicant fails or refuses to furnish an assurance required 
under Sec. 101-6.205 or otherwise fails or refuses to comply with a 
requirement imposed by or pursuant to that section Federal financial 
assistance may be refused in accordance with the procedures of Sec. 101-
6.211-3. The GSA shall not be requried to provide assistance in such a 
case during the pendency of the administrative proceedings under 
Sec. 101-6.211-3 except that GSA shall continue assistance during the 
pendency of such proceedings where such assistance is due and payable 
pursuant to an application therefor approved prior to the effective date 
of this subpart 101-6.2.



Sec. 101-6.211-3  Termination of or refusal to grant or to continue Federal financial assistance.

    No order suspending, terminating or refusing to grant or continue 
Federal financial assistance shall become effective until (a) the 
responsible GSA official has advised the applicant or recipient of his 
failure to comply and has determined that compliance cannot be secured 
by voluntary means, (b) there has been an express finding on the record, 
after opportunity for hearing, of a failure by the applicant or 
recipient to comply with a requirement imposed by or pursuant to this 
subpart 101-6.2, (c) the action has been approved by the Administrator 
pursuant to Sec. 101-6.213-5, and (d) the expiration of 30 days after 
the Administrator has filed with the committee of the House and the 
committee of the Senate having legislative jurisdiction over the program 
involved, a full written report of the circumstances and the grounds for 
such action. Any action to suspend or terminate or to refuse to grant or 
to continue Federal financial assistance shall be limited to the 
particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.

[[Page 49]]



Sec. 101-6.211-4  Other means authorized by law.

    No action to effect compliance by an other means authorized by law 
shall be taken until (a) the responsible GSA official has determined 
that compliance cannot be secured by voluntary means, (b) the recipient 
or other person has been notified of his failure to comply and of the 
action to be taken to effect compliance, and (c) the expiration of at 
least 10 days from the mailing of such notice to the recipient or other 
person. During this period of at least 10 days, additional efforts shall 
be made to persuade the recipient or other person to comply with this 
subpart and to take such corrective action as may be appropriate.

[38 FR 17974, July 5, 1973]



Sec. 101-6.212  Hearings.



Sec. 101-6.212-1  Opportunity for hearing.

    Whenever an opportunity for a hearing is required by Sec. 101-6.211-
3, reasonable notice shall be given by registered or certified mail, 
return receipt requested, to the affected applicant or recipient. This 
notice shall advise the applicant or recipient of the action proposed to 
be taken, the specific provision under which the proposed action against 
it is to be taken, and the matters of fact or law asserted as the basis 
for this action, and either:
    (a) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the responsible 
GSA official that the matter be scheduled for hearing, or (b) advise the 
applicant or recipient that the matter in question has been set down for 
hearing at a stated place and time. The time and place so fixed shall be 
reasonable and shall be subject to change for cause. The complainant, if 
any, shall be advised of the time and place of the hearing. An applicant 
or recipient may waive a hearing and submit written information and 
argument for the record. The failure of an applicant or recipient to 
request a hearing under this section or to appear at a hearing for which 
a date has been set shall be deemed to be a waiver of the right to a 
hearing under section 602 of the Act and Sec. 101-6.211-3, and consent 
to the making of a decision on the basis of such information as is 
available.
    (b) [Reserved]



Sec. 101-6.212-2  Time and place of hearing.

    Hearings shall be held, at a time fixed by the responsible GSA 
official, at the offices of GSA in Washington, DC, unless such official 
determines that the convenience of the applicant or recipient or of GSA 
requires that another place be selected. Hearings shall be held before 
the responsible GSA official or, at his discretion, before a hearing 
examiner designated in accordance with 5 U.S.C. 3105 or 3344 (section 11 
of the Administrative Procedure Act).

[38 FR 17974, July 5, 1973]



Sec. 101-6.212-3  Right to counsel.

    In all proceedings under this Sec. 101-6.212 the applicant or 
recipient and GSA shall have the right to be represented by counsel.



Sec. 101-6.212-4  Procedures, evidence, and record.

    (a) The hearing, decision, and any administrative review thereof 
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of 
the Administrative Procedure Act) and in accordance with such rules of 
procedure as are proper (and not inconsistent with this section) 
relating to the conduct of the hearing, giving of notices subsequent to 
those provided for in Sec. 101-6.212-1, taking of testimony, exhibits, 
arguments and briefs, requests for findings, and other related matters. 
Both GSA and the applicant or recipient shall be entitled to introduce 
all relevant evidence on the issues as stated in the notice for hearing 
or as deterined by the officer conducting the hearing at the outset of 
or during the hearing.
    (b) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this subpart 101-6.2, but rules or principles 
designed to assure production of the most credible evidence available 
and to subject testimony to test by cross-examination shall be applied 
where reasonably necessary by the officer conducting the hearing. The 
hearing officer may exclude irrelevant,

[[Page 50]]

immaterial, or unduly repetitious evidence. All documents and other 
evidence offered or taken for the record shall be open to examination by 
the parties and opportunity shall be given to refute facts and arguments 
advanced on either side of the issues. A transcript shall be made of the 
oral evidence except to the extent the substance thereof is stipulated 
for the record. All decisions shall be based upon the hearing record and 
written findings shall be made.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]



Sec. 101-6.212-5  Consolidated or joint hearings.

    In cases in which the same or related facts are asserted to 
constitute noncompliance with this subpart 101-6.2 with respect to two 
or more programs to which this subpart applies, or noncompliance with 
this subpart and the regulations of one or more other Federal 
departments or agencies issued under title VI of the Act, the 
Administrator may, by agreement with such other departments, or 
agencies, where applicable, provide for the conduct of consolidated or 
joint hearings, and for the application to such hearings of rules of 
procedure not inconsistent with this regulation. Final decisions in such 
cases, insofar as this subpart is concerned, shall be made in accordance 
with Sec. 101-6.213.



Sec. 101-6.213  Decisions and notices.



Sec. 101-6.213-1  Decision by person other than the responsible GSA official.

    If the hearing is held by a hearing examiner such hearing examiner 
shall either make an initial decision, if so authorized, or certify the 
entire record including his recommended findings and proposed decision 
to the responsible GSA official for a final decision, and a copy of such 
initial decision or certification shall be mailed to the applicant or 
recipient. Where the initial decision is made by the hearing examiner 
the applicant or recipient may within 30 days of the mailing of such 
notice of initial decision file with the responsible GSA official his 
exceptions to the initial decision, with his reasons therefor. In the 
absence of exceptions, the responsible GSA official may on his own 
motion within 45 days after the initial decision serve on the applicant 
or recipient a notice that he will review the decision. Upon the filing 
of such exceptions or of such notice of review the responsible GSA 
official shall review the initial decision and issue his own decision 
thereon including the reasons therefor. In the absence of either 
exceptions or a notice of review the initial decision shall constitute 
the final decision of the responsible GSA official.



Sec. 101-6.213-2  Decisions on record or review by the responsible GSA official.

    Whenever a record is certified to the responsible GSA official for 
decision or he reviews the decision of a hearing examiner pursuant to 
Sec. 101-6.213-1, or whenever the responsible GSA official conducts the 
hearing, the applicant or recipient shall be given reasonable 
opportunity to file with him briefs or other written statements of its 
contentions, and a copy of the final decision of the responsible GSA 
official shall be given in writing to the applicant or recipient, and to 
the complainant, if any.



Sec. 101-6.213-3  Decisions on record where a hearing is waived.

    Whenever a hearing is waived pursuant to Sec. 101-6.212 a decision 
shall be made by the responsible GSA official on the record and a copy 
of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.



Sec. 101-6.213-4  Rulings required.

    Each decision of a hearing officer or responsible GSA official shall 
set forth his ruling on each finding, conclusion, or exception 
presented, and shall identify the requirement or requirements imposed by 
or pursuant to this subpart 101-6.2 with which it is found that the 
applicant or recipient has failed to comply.



Sec. 101-6.213-5  Approval by Administrator.

    Any final decision of a responsible GSA official (other than the 
Administrator) which provides for the suspension or termination of, or 
the refusal to

[[Page 51]]

grant or continue Federal financial assistance, or the imposition of any 
other sanction available under this subpart 101-6.2 or the Act, shall 
promptly be transmitted to the Administrator, who may approve such 
decision, may vacate it, or remit or mitigate any sanction imposed.



Sec. 101-6.213-6  Content of orders.

    The final decision may provide for suspension or termination of, or 
refusal to grant or continue Federal financial assistance, in whole or 
in part, under the program involved, and may contain such terms, 
conditions, and other provisions as are consistent with and will 
effectuate the purposes of the Act and this subpart 101-6.2, including 
provisions designed to assure that no Federal financial assistance will 
thereafter be extended under such program to the applicant or recipient 
determined by such decision to be in default in its perfomrance of an 
assurance given by it pursuant to this subpart, or to have otherwise 
failed to comply with this subpart, unless and until it corrects its 
noncompliance and satisfies the responsible GSA official that it will 
fully comply with this subpart.



Sec. 101-6.213-7  Post termination proceedings.

    (a) An applicant or recipient adversely affected by an order issued 
under Sec. 101-6.213-6 shall be restored to full eligibility to receive 
Federal financial assistance if it satisfies the terms and conditions of 
that order for such eligibility or if it brings itself into compliance 
with this subpart and provides reasonable assurance that it will fully 
comply with this subpart. An elementary or secondary school or school 
system which is unable to file an assurance of compliance with Sec. 101-
6.24 shall be restored to full eligibility to receive financial 
assistance if it files a court order or a plan for desegregation meeting 
the requirements of Sec. 101-6.205-3 and provides reasonable assurance 
that it will comply with this court order or plan.
    (b) Any applicant or recipient adversely affected by an order 
entered pursuant to Sec. 101-6.213-6 may at any time request the 
responsible GSA official to restore fully its eligibility to receive 
Federal financial assistance. Any such request shall be supported by 
information showing that the applicant or recipient has met the 
requirements of paragraph (a) of this section. If the responsible GSA 
official determines that those requirements have been satisfied, he 
shall restore such eligibility.
    (c) If the responsible GSA official denies any such request, the 
applicant or recipient may submit a request, in writing, for a hearing, 
specifying why it believes such official to have been in error. It shall 
thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the responsible 
GSA official. The applicant or recipient will be restored to such 
eligibilty if it proves at such a hearing that it satisfied the 
requirements of paragraph (a) of this section. While proceedings under 
this section are pending, the sanctions imposed by the order issued 
under Sec. 101-6.213-6 shall remain in effect.

[38 FR 17975, July 5, 1973]



Sec. 101-6.214  Judicial review.

    Action taken pursuant to section 602 of the Act is subject to 
judicial review as provided in section 603 of the Act.



Sec. 101-6.215  Effect on other regulations; forms and instructions.



Sec. 101-6.215-1  Effect on other regulations.

    All regulations, orders, or like directions heretofore issued by any 
officer of GSA which imposed requirements designed to prohibit any 
discrimination against individuals on the ground of race, color, or 
national origin under any program to which this subpart 101-6.2 applies, 
and which authorize the suspension or termination of or refusal to grant 
or to continue Federal financial assistance to any applicant for or 
recipient of such assistance under such program for failure to comply 
with such requirements, are hereby superseded to the extent that such 
discrimination is prohibited by this subpart, except that nothing in 
this subpart shall be deemed to relieve any person of any obligation 
assumed or imposed under any such superseded regulation, order, 
instruction, or like direction

[[Page 52]]

prior to the effective date of this subpart. Nothing in this subpart, 
however, shall be deemed to supersede any of the following (including 
future amendments thereof):
    (a) Executive Orders 10925, 11114, and 11246, and regulations issued 
thereunder.
    (b) Any other orders, regulations, or instructions, insofar as such 
orders, regulations, or instructions prohibit discrimination on the 
ground of race, color, or national origin in any program or situation to 
which this subpart is inapplicable, or prohibit discrimination on any 
other ground.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]



Sec. 101-6.215-2  Forms and instructions.

    Each responsible GSA official shall issue and promptly make 
available to interested persons forms and detailed instructions and 
procedures for effectuating this subpart 101-6.2 as applied to programs 
to which this subpart applies and for which he is responsible.



Sec. 101-6.215-3  Supervision and coordination.

    The Administrator may from time to time assign to officials of other 
departments or agencies of the Government, with the consent of such 
departments or agencies, responsibilities in connection with the 
effectuation of the purposes of title VI of the Act and this subpart 
(other than responsibility for final decision as provided in Sec. 101-
6.213), including the achievement of effective coordination and maximum 
uniformity within GSA and within the executive branch of the Government 
in the application of title VI and this subpart to similar programs and 
in similar situations. Any action taken, determination made, or 
requirement imposed by an official of another Department or Agency 
acting pursuant to an assignment of responsibility under this section 
shall have the same effect as though such action had been taken by the 
responsible GSA official.

[38 FR 17975, July 5, 1973]



Sec. 101-6.216  Definitions.

    As used in this subpart:
    (a) The term General Services Administration or GSA includes each of 
its operating services and other organizational units.
    (b) The term Administrator means the Administrator of General 
Services.
    (c) The term responsible GSA official with respect to any program 
receiving Federal financial assistance means the Administrator or other 
official of GSA who by law or by delegation has the principal 
responsibility within GSA for the administration of the law extending 
such assistance.
    (d) The term United States means the States of the United States, 
the District of Columbia, Puerto Rico, the Virgin Islands, American 
Samoa, Guam, Wake Island, the Canal Zone, and the territories and 
possessions of the United States, and the terms State means any one of 
the foregoing.
    (e) The term Federal financial assistance includes (1) grants and 
loans of Federal funds, (2) the grant or donation of Federal property 
and interests in property, (3) the detail of Federal personnel, (4) the 
sale and lease of, and the permission to use (on other than a casual or 
transient basis), Federal property or any interest in such property 
without consideration or at a nominal consideration, or at a 
consideration which is reduced for the purposes of assisting the 
recipient, or in recognition of the public interest to be served by such 
sale or lease to the recipient, and (5) any Federal agreement, 
arrangement, or other contract which has as one of its purposes the 
provision of assistance.
    (f) The term program includes any program, project, or activity for 
the provision of services, financial aid, or other benefits to 
individuals (including education or training, health, welfare, 
rehabilitation, housing, or other services, whether provided through 
employees of the recipient of Federal financial assistance or provided 
by others through contracts or other arrangements with the recipient, 
and including work opportunities and cash or loan or other assistance to 
individuals), or for the provision of facilities for furnishing 
services, financial aid or other benefits to individuals. The services, 
financial aid, or other benefits provided

[[Page 53]]

under a program receiving. Federal financial assistance shall be deemed 
to include any services, financial aid, or other benefits provided with 
the aid of Federal financial assistance or with the aid of any non-
Federal funds, property, or other resources required to be expended or 
made available for the program to meet matching requirements or other 
conditions which must be met in order to receive the Federal financial 
assistance, and to include any services, financial aid, or other 
benefits provided in or through a facility provided with the aid of 
Federal financial assistance or such non-Federal resources.
    (g) The term facility includes all or any portion of structures, 
equipment, or other real or personal property or interests therein, and 
the provision of facilities includes the construction, expansion, 
renovation, remodeling, alteration or acquisition of facilities.
    (h) The term recipient means any State, political subdivision of any 
State, or instrumentality of any State or political subdivision, any 
public or private agency, institution, or organization, or any other 
entity, or any individual, in any State, to whom Federal financial 
assistance is extended, directly or through another recipient, for any 
program, including any successor, assign, or transferee thereof, but 
such term does not include any ultimate beneficiary under any such 
program.
    (i) The term primary recipient means any recipient which is 
authorized or required to extend Federal financial assistance to another 
recipient for the purpose of carrying out a program.
    (j) The term applicant means one who submits an application, 
request, or plan required to be approved by a responsible GSA official, 
or by a primary recipient, as a condition to eligibility for Federal 
financial assistance, and the term application means such an 
application, request, or plan.



Sec. 101-6.217  Laws authorizing Federal financial assistance for programs to which this subpart applies.

    (a)(1) Donation of surplus personal property to educational 
activities which are of special interest to the armed services (section 
203(j)(2) of the Federal Property and Administrative Services Act of 
1949, 40 U.S.C. 484(j)(2)).
    (2) Donation of surplus personal property for use in any State for 
purposes of education, public health, or civil defense, or for research 
for any such purposes (section 203(j) (3) and (4) of the Federal 
Property and Administrative Services Act of 1949, 40 U.S.C. 484(j) (3) 
and (4)), and the making available to State agencies for surplus 
property, or the transfer of title to such agencies, of surplus personal 
property approved for donation for purposes of education, public health, 
or civil defense, or for research for any such purposes (section 203(n) 
of the Federal Property and Administrative Services Act of 1949, 40 
U.S.C. 484(n)).
    (b) Disposal of surplus real and related personal property for 
purposes of education or public health, including research (section 
203(k)(1) of the Federal Property and Administrative Services Act of 
1949, 40 U.S.C. 484(k)(1)).
    (c) Donation of property for public airport purposes (section 13(g) 
of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g); section 23 
of the Airport and Airway Development Act of 1970, Pub. L. 91-258).
    (d)(1) Disposal of surplus real property, including improvements, 
for use as a historic monument (section 13(h) of the Surplus Property 
Act of 1944, 50 U.S.C. App. 1622(h)).
    (2) Disposal of surplus real and related personal property for 
public park or public recreational purposes (section 203(k)(2) of the 
Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
484(k)(2).
    (e) Disposal of real property to States for wildlife conservation 
purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).
    (f) Donation of personal property to public bodies (section 202(h) 
of the Federal Property and Administrative Services Act of 1949, 40 
U.S.C. 483(h)).
    (g) Grants of easements by the General Services Administration 
pursuant to the Act of October 23, 1962, (40 U.S.C. 319-319(c), and 
grants by the General Services Administration of revocable licenses or 
permits to use or occupy Federal real property, if the consideration to 
the Government for such easement, licenses, or permits is less than 
estimated fair market value.

[[Page 54]]

    (h) Conveyance of real property or interests therein by the General 
Services Administration to States or political subdivisions for street 
widening purposes pursuant to the Act of July 7, 1960 (40 U.S.C. 345c), 
if the consideration to the Government is less than estimated fair 
market value.
    (i) Allotment of space by the General Services Administration in 
Federal buildings to Federal Credit Unions, without charge for rent or 
services (section 25 of the Federal Credit Union Act, 12 U.S.C. 1770).
    (j) Donation of surplus property to the American National Red Cross 
(section 203(l) of the Federal Property and Administrative Services Act 
of 1949, 40 U.S.C. 484(l)).
    (k) Provision by the General Services Administration of free space 
and utilities for vending stands operated by blind persons (section 1 of 
the Randolph-Sheppard Act, 20 U.S.C. 107).
    (l) Donation of forfeited distilled spirits, wine, and malt 
beverages to eleemosynary institutions (26 U.S.C. 5688).
    (m) Donation of surplus Federal records (Federal Records Disposal 
Act of 1943, 44 U.S.C. 366-380).
    (n) Grants to State and local agencies and to nonprofit 
organizations and institutions for the collecting, describing, 
preserving and compiling, and publishing of documentary sources 
significant to the history of the United States (section 503 of the 
Federal Property and Administrative Services Act of 1949, as amended by 
Pub. L. 88-383).
    (o) Loan of machine tools and industrial manufacturing equipment in 
the national industrial reserve to nonprofit educational institutions or 
training schools (section 7 of the National Industrial Reserve Act of 
1948, 50 U.S.C. 456).
    (p) District of Columbia grant-in-aid hospital program (60 Stat. 
896, as amended).
    (q) Disposal of surplus real property for use in the provision of 
rental or cooperative housing to be occupied by families or individuals 
of low or moderate income (section 414 of the Housing and Urban 
Development Act of 1969, Pub. L. 91-152).
    (r) Payments in lieu of taxes on certain real property transferred 
from the Reconstruction Finance Corporation (Title VII of the Federal 
Property and Administrative Services Act of 1949, 40 U.S.C. 521-524).
    (s) Conveyance of certain lands and property to the State of Hawaii 
without reimbursement (Pub. L. 88-233, 77 Stat. 472).

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]



                      Subpart 101-6.3--Ridesharing

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Executive 
Order 12191 dated February 1, 1980.

    Source: 49 FR 20289, May 14, 1984, unless otherwise noted.



Sec. 101-6.300  Federal facility ridesharing--general policy.

    This section sets forth policy and procedures governing promotion by 
executive agencies of ridesharing at federally owned or operated 
facilities and provides for the establishment and administration of a 
nationwide system of Federal facility employee transportation 
coordinators (ETC's). The authority for this subpart is Executive Order 
12191, dated February 1, 1980, which established the Federal Facility 
Ridesharing Program and delegated the primary responsibility for program 
development, implementation, and administration to the Administrator of 
General Services in consultation with the Secretary of Transportation.
    (a) Executive agencies shall actively promote the use of ridesharing 
at all Federal facilities. This promotion shall include cooperation with 
State and local ridesharing agencies where such agencies exist. In the 
process of promoting ridesharing, the Government shall not favor or 
endorse one commercial firm or nonprofit organization to the exclusion 
of other commercial firms or nonprofit organizations.
    (b) Each executive agency shall issue instructions as may be 
necessary to implement Federal facility ridesharing programs and to 
obtain annual ridesharing program reports at those facilities where the 
agency is responsible for providing the ETC. The information provided by 
each ETC should include methods used to promote ridesharing

[[Page 55]]

at his/her facility and any achievements or significant barriers 
encountered. Each executive agency shall maintain a current record of 
the names, titles, addresses, and telephone numbers of its facility 
ETC's, nationwide.
    (c) Agencies are required to submit a Federal Facility Ridesharing 
Report to GSA by June 1 of each year (see Sec. 101-6.303). The report 
shall contain a summary of the information provided by the facility 
ETC's and any other pertinent information applicable to the agency's 
ridesharing program.
    (d) Wherever possible, agencies shall use and promote existing 
ridematching services. Where ridematching services do not exist, they 
shall be established, preferably in conjunction with nearby facilities. 
Ridematching systems may be manual i.e., bulletin board or locator 
board, or computerized. All systems must comply with the provisions of 
the Privacy Act of 1974.
    (e) Wherever possible, agencies shall implement parking incentives 
which promote ridesharing and the efficient use of federally controlled 
parking areas. Agencies are also encouraged to work with private parking 
management concerns in or near Federal facilities to encourage the use 
of carpools and vanpools.
    (f) Whenever feasible, agencies should consider providing for 
flexibility in employee working hours to facilitate ridesharing 
arrangements.
    (g) For more information on Federal facility ridesharing, see 41 CFR 
parts 102-71 through 102-82. To the extent that any policy statements in 
this subpart are inconsistent with the policy statements in 41 CFR parts 
102-71 through 102-82, the policy statements in 41 CFR parts 102-71 
through 102-82 are controlling.

[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988; 66 
FR 5358, Jan. 18, 2001]



Sec. 101-6.301  Definitions.

    (a) Ridesharing. Sharing of the commute to and from work by two or 
more people, on a continuing basis, regardless of their relationship to 
each other, in any mode of transportation, including but not limited to: 
carpools, vanpools, buspools and mass transit.
    (b) Ridematching. Any manual or automated system that gathers 
commuter information from interested individuals and processes this 
information to identify potential ridesharing arrangements among these 
individuals.
    (c) Facility. Either a single building or a group of buildings or 
work locations at a common site.
    (d) Third party operator. A ridesharing agency or other 
organization, whether public or private, that leases vans or buses to 
employers or individual employees.
    (e) Federal facility employee transportation coordinator. An 
individual appointed by the agency who provides commuter ridesharing 
services to all employees at the facility and who serves as a point of 
contact for local and State ridesharing agencies, where they exist.
    (f) Agencywide employee transportation coordinator. An individual 
appointed by the agency, who is responsible for planning, organizing, 
and directing an agencywide ridesharing program, and serves as a point 
of contact for the agency's Federal facility ETC's and also as the 
ridesharing liaison between the agency and GSA.



Sec. 101-6.302  Employee transportation coordinators.

    (a) Federal facility employee transportation coordinator. Agencies 
shall designate an ETC at each Federal facility with 100 or more full-
time employees on one shift. Agencies are encouraged to appoint 
coordinators at facilities with less than 100 full-time employees where 
such a coordinator can provide significant benefits to the ridesharing 
program. At a facility occupied by more than one Federal agency, the 
executive agency having the largest number of employees shall have the 
lead responsibility for program coordination and implementation for all 
the Federal agencies at the facility and shall provide the ETC for the 
facility. Should a smaller agency volunteer to provide the facility ETC, 
the lead agency may transfer this responsibility to the smaller agency. 
The Federal facility ETC shall:
    (1) Promote ridesharing at the facility by:

[[Page 56]]

    (i) Publicizing the name, location, and telephone number of the 
employee transportation coordinator by using bulletin boards, memoranda, 
newsletters, etc.;
    (ii) Assisting employees in joining or forming carpools or vanpools;
    (iii) Aiding employee participation in ridematching programs (Where 
ridematching programs do not exist, action should be taken to establish 
them);
    (iv) Working closely with the parking management offices to promote 
ridesharing through preferential parking incentives;
    (v) Establishing ridesharing orientation for new and transferring 
employees at the facility;
    (vi) Utilizing ridesharing resources provided by State and local 
ridesharing agencies and participating in special ridesharing events;
    (vii) Publicizing the availability of public transportation;
    (viii) Communicating employee transportation needs to local public 
transportation authorities and other organizations (such as private bus 
companies) furnishing multipassenger modes of transportation; and
    (ix) Establishing ridesharing goals and objectives for the facility.
    (2) Prepare a facility report for annual submission to the 
agencywide coordinator.
    (b) Agencywide employee transportation coordinator. Agencies shall 
appoint an individual to serve as an agencywide ETC. The agencywide ETC 
shall:
    (1) Serve as a point of contact for the agency's facility ETC's;
    (2) Serve as a liaison between other agencywide ETC's, State, and 
local ridesharing agencies and the GSA Central Office;
    (3) Assist in the development and implementation of an agencywide 
ridesharing program; and
    (4) Submit promptly any change in the name, address, title, or 
telephone number of the agencywide ETC to GSA.



Sec. 101-6.303  Reporting procedures.

    (a) The head of each agency shall submit to GSA by June 1 of each 
year a report which shall include:
    (1) The name, address, title, and telephone number of the agencywide 
ETC;
    (2) A narrative on actions taken and barriers encountered in 
promoting ridesharing within the agency;
    (3) Information on any notable facility achievements; and
    (4) A copy of instructions issued to the agency's facility ETC's for 
implementing the Federal Facility Ridesharing Program.
    (b) Reports shall be submitted to: Federal Facility Ridesharing 
Program, General Services Administration (PQ) Washington, DC 20405. The 
telephone number for the program is FTS 566-0059 (202-566-0059).
    (c) Interagency report control number 0258-GSA-AN has been assigned 
to this report.

[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988]



Sec. 101-6.304  Exemptions.

    Facilities with less than 100 full-time employees or less than 100 
full-time employees on the largest shift are not required to submit an 
annual report. Agencies shall not subdivide buildings, groups of 
buildings, or worksites for the purpose of meeting the exemption 
standards.



Sec. 101-6.305  Assistance to agencies.

    (a) Due to the large number of Federal, State, local and private 
sector groups involved in the promotion of ridesharing programs, there 
are various resources available to Federal agencies interested in 
technical assistance and promotional materials for use in their 
ridesharing programs. To aid agencies in identifying these resources, 
GSA has designated ridesharing coordinators at each of its regional 
offices. A list of these coordinators and information concerning the 
national program can be obtained by contacting the office listed in 
Sec. 101-6.303(b).
    (b) Ridesharing management assistance is often available from local 
ridesharing agencies found in most cities throughout the country. These 
agencies may be sponsored by State or local governments, public 
transportation authorities, universities, Chambers of Commerce, Councils 
of Governments, etc. In addition to providing commuter matching 
services, these agencies have experience in local ridesharing promotion 
activities, vanpool and buspool

[[Page 57]]

programs, and are familiar with management of commuter disruptions such 
as transit strikes, bridge closings, as well as air pollution alerts. 
ETC's are encouraged to use the services of the local ridesharing 
agencies to the greatest extent possible.



 Subpart 101-6.4--Official Use of Government Passenger Carriers Between 
                    Residence and Place of Employment

    Source: 65 FR 54966, Sept. 12, 2000, unless otherwise noted.



Sec. 101-6.400  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For policy concerning official use of Government passenger carriers 
between residence and place of employment previously contained in this 
part, see FMR part 5 (41 CFR part 102-5), Home-to-Work Transportation.



         Subpart 101-6.5--Code of Ethics for Government Service



Sec. 101-6.500  Scope of subpart.

    (a) In accordance with Public Law 96-303, the requirements of this 
section shall apply to all executive agencies (as defined by section 105 
of title 5, United States Code), the United States Postal Service, and 
the Postal Rate Commission. The heads of these agencies shall be 
responsible for ensuring that the requirements of this section are 
observed and complied with within their respective agencies.
    (b) Each agency, as defined in ``(a)'' above, shall display in 
appropriate areas of buildings in which at least 20 individuals are 
regularly employed by an agency as civilian employees, copies of the 
Code of Ethics for Government Service (Code).
    (c) For Government-owned or wholly leased buildings subject to the 
requirements of this section, at least one copy of the Code shall be 
conspicuously displayed, normally in the lobby of the main entrance to 
the building. For other buildings subject to the requirements of this 
section which are owned, leased, or otherwise provided to the Federal 
Government for the purpose of performing official business, at least one 
copy of the Code shall be conspicuously displayed within the space 
occupied by the Government. In all cases, additional copies of the Code 
may be displayed in other appropriate building locations, such as 
auditoriums, bulletin boards, cafeterias, locker rooms, reception areas, 
and other high-traffic areas.
    (d) Agencies of the Federal Government shall not pay any costs for 
the printing, framing, or other preparation of the Code. Agencies may 
properly pay incidental expenses, such as the cost of hardware, other 
materials, and labor incurred to display the Code. Display shall be 
consistent with the decor and architecture of the building space. 
Installation shall cause no permanent damage to stonework or other 
surfaces which are difficult to maintain or repair.
    (e) Agencies may obtain copies of the Code by submitting a 
requisition for National Stock Number (NSN) 7690-01-099-8167 in Fedstrip 
format to the GSA regional office responsible for providing support to 
the requisitioning agency. Agencies will be charged a nominal fee to 
cover shipping and handling.

[58 FR 21945, Apr. 28, 1994]



        Subpart 101-6.6--Fire Protection (Firesafety) Engineering

    Source: 59 FR 54531, Nov. 1, 1994, unless otherwise noted.



Sec. 101-6.600  Scope of subpart.

    (a) This subpart provides the regulations of the General Services 
Administration (GSA) under Title I of the Fire Administration 
Authorization Act of 1992 concerning definition and determination of 
equivalent level of safety. The primary objective of this regulation is 
to provide a quantifiable means of determining compliance with the 
requirements of the Act. It is not a substitute for compliance with 
building and fire code requirements typically used in construction and 
occupancy of buildings.
    (b) For more information on fire protection (firesafety) 
engineering, see 41

[[Page 58]]

CFR parts 102-71 through 102-82. To the extent that any policy 
statements in this subpart are inconsistent with the policy statements 
in 41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR 
parts 102-71 through 102-82 are controlling.

[59 FR 54531, Nov. 1, 1994, as amended at 66 FR 5358, Jan. 18, 2001]



Sec. 101-6.601  Background.

    (a) The Fire Administration Authorization Act of 1992 (Pub. Law 102-
522) was signed into law by the President on October 26, 1992. Section 
106 Fire Safety Systems in Federally Assisted Buildings, of Title I--
United States Fire Administration, is commonly referred to as the 
Federal Fire Safety Act of 1992. This section amends the Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2201 et seq.) to require sprinklers 
or an equivalent of safety, in certain types of Federal employee office 
buildings, Federal employee housing units, and federally assisted 
housing units.
    (b) The definition of an automatic sprinkler system is unique to the 
Act. In addition to describing the physical characteristics of an 
automatic sprinkler system, the definition sets a performance objective 
for the system. Automatic sprinkler systems installed in compliance with 
the Act must protect human lives. Sprinklers would provide the level of 
life safety prescribed in the Act by controlling the spread of fire and 
its effects beyond the room of origin. A functioning sprinkler system 
should activate prior to the onset of flashover.
    (c) This subpart establishes a general measure of building 
firesafety performance. To achieve the level of life safety specified in 
the Act, the structure under consideration must be designed, 
constructed, and maintained to minimize the impact of fire. As one 
option, building environmental conditions are specified in this subpart 
to ensure the life safety of building occupants outside the room of fire 
origin. They should be applicable independent of whether or not the 
evaluation is being conducted for the entire building or for just the 
hazardous areas. In the latter case, the room of origin would be the 
hazardous area while any room, space, or area could be a room of origin 
in the entire building scenarious.
    (d) The equivalent level of safety regulation in this subpart does 
not address property protection, business interruption potential, or 
firefighter safety during fire fighting operations. In situations where 
firefighters would be expected to rescue building occupants, the safety 
of both firefighters and occupants must be considered in the equivalent 
level of safety analysis. Thorough prefire planning will allow 
firefighters to choose whether or not to enter a burning building solely 
to fight a fire.



Sec. 101-6.602  Application.

    The requirements of the Act and this subpart apply to all Federal 
agencies and all federallly owned and leased buildings in the United 
States, except those under the control of the Resolution Trust 
Corporation.



Sec. 101-6.603  Definitions.

    (a) Qualified fire protection engineer is defined as an individual, 
with a thorough knowledge and understanding of the principles of physics 
and chemistry governing fire growth, spread, and suppression, meeting 
one of the following criteria:
    (1) An engineer having an undergraduate or graduate degree from a 
college or university offering a course of study in fire protection or 
firesafety engineering, plus a minimum of four (4) years work experience 
in fire protection engineering,
    (2) A professional engineer (P.E. or similar designation) registered 
in Fire Protection Engineering, or
    (3) A professional engineer (P.E. or similar designation) registered 
in a related engineering discipline and holding Member grade status in 
the International Society of Fire Protection Engineers.
    (b) Flashover means fire conditions in a confined area where the 
upper gas layer temperature reaches 600  deg.C (1100  deg.F) and the 
heat flux at floor level exceeds 20 kW/m\2\ (1.8 Btu/ft\2\/sec).
    (c) Reasonable worst case fire scenario means a combination of an 
ignition source, fuel items, and a building location likely to produce a 
fire which

[[Page 59]]

would have a significant adverse impact on the building and its 
occupants. The development of reasonable worst case scenarios must 
include consideration of types and forms of fuels present (e.g., 
furniture, trash, paper, chemicals), potential fire ignition locations 
(e.g., bedroom, office, closet, corridor), occupant capabilities (e.g., 
awake, intoxicated, mentally or physically impaired), numbers of 
occupants, detection and suppression system adequacy and reliability, 
and fire department capabilities. A quantitative analysis of the 
probability of occurrence of each scenario and combination of events 
will be necessary.
    (d) Room of origin means an area of a building where a fire can be 
expected to start. Typically, the size of the area will be determined by 
the walls, floor, and ceiling surrounding the space. However, this could 
lead to unacceptably large areas in the case of open plan office space 
or similar arrangements. Therefore, the maximum allowable fire area 
should be limited to 200 m\2\ (2000 ft\2\) including intervening spaces. 
In the case of residential units, an entire apartment occupied by one 
tenant could be considered as the room of origin to the extent it did 
not exceed the 200 m\2\ (2000 ft\2\) limitation.



Sec. 101-6.604  Requirements.

    (a) The equivalent level of life safety evaluation is to be 
performed by a qualified fire protection engineer. The analysis should 
include a narrative discussion of the features of the building 
structure, function, operational support systems and occupant activities 
which impact fire protection and life safety. Each analysis should 
describe potential reasonable worst case fire scenarios and their impact 
on the building occupants and structure. Specific issues which must be 
addressed include rate of fire growth, type and location of fuel items, 
space layout, building construction, openings and ventilation, 
suppression capability, detection time, occupant notification, occupant 
reaction time, occupant mobility, and means of egress.
    (b) To be acceptable, the analysis must indicate that the existing 
and/or proposed safety systems in the building provide a period of time 
equal to or greater than the amount of time available for escape in a 
similar building complying with the Act. In conducting these analyses, 
the capability, adequacy, and reliability of all building systems 
impacting fire growth, occupant knowledge of the fire, and time required 
to reach a safety area will have to be examined. In particular, the 
impact of sprinklers on the development of hazardous conditions in the 
area of interest will have to be assessed. Three options are provided 
for establishing that an equivalent level of safety exists.
    (1) In the first option, the margin of safety provided by various 
alternatives is compared to that obtained for a code complying building 
with complete sprinkler protection. The margin of safety is the 
difference between the available safe egress time and the required safe 
egress time. Available safe egressd time is the time available for 
evacuation of occupants to an area of safety prior to the onset of 
untenable conditions in occupied areas or the egress pathways. The 
required safe egress time is the time required by occupants to move from 
their positions at the start of the fire to areas of safety. Available 
safe egress times would be developed based on analysis of a number of 
assumed reasonable worst case fire scenarios including assessment of a 
code complying fully sprinklered building. Additional analysis would be 
used to determine the expected required safe egress times for the 
various scenarios. If the margin of safety plus an appropriate safety 
factor is greater for an alternative than for the fully sprinklered 
building, then the alternative should provide an equivalent level of 
safety.
    (2) A second alternative is applicable for typical office and 
residential scenarios. In these situations, complete sprinkler 
protection can be expected to prevent flashover in the room of fire 
origin, limit fire size to no more than 1 megawatt (950 Btu/sec), and 
prevent flames from leaving the room of origin. The times required for 
each of these conditions to occur in the area of interest must be 
determined. The shortest of these three times would become the time 
available for escape. The difference between the minimum time

[[Page 60]]

available for escape and the time required for evacuation of building 
occupants would be the target margin of safety. Various alternative 
protection strategies would have to be evaluated to determine their 
impact on the times at which hazardous conditions developed in the 
spaces of interest and the times required for egress. If a combination 
of fire protection systems provides a margin of safety equal to or 
greater than the target margin of safety, then the combination could be 
judged to provide an equivalent level of safety.
    (3) As a third option, other technical analysis procedures, as 
approved by the responsible agency head, can be used to show 
equivalency.
    (c) Analytical and empirical tools, including fire models and 
grading schedules such as the Fire Safety Evaluation System (Alternative 
Approaches to Life Safety, NEPA 101M) should be used to support the life 
safety equivalency evaluation. If fire modeling is used as part of an 
analysis, an assessment of the predictive capabilities of the fire 
models must be included. This assessment should be conducted in 
accordance with the American Society for Testing and Materials Standard 
Guide for Evaluating the Predictive Capability of Fire Models (ASTM E 
1355).



Sec. 101-6.605  Responsibility.

    The head of the agency responsible for physical improvements in the 
facility or providing Federal assistance or a designated representative 
will determine the acceptability of each equivalent level of safety 
analysis. The determination of acceptability must include a review of 
the fire protection engineer's qualifications, the appropriateness of 
the fire scenarios for the facility, and the reasonableness of the 
assumed maximum probable loss. Agencies should maintain a record of each 
accepted equivalent level of safety analysis and provide copies to fire 
departments or other local authorities for use in developing prefire 
plans.

Subparts 101-6.7--101-6.9  [Reserved]



         Subpart 101-6.10--Federal Advisory Committee Management

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); sec. 7, 5 
U.S.C. app.; and E.O. 12024, 3 CFR 1977 Comp., p. 158.

    Source: 52 FR 45929, Dec. 2, 1987, unless otherwise noted.



Sec. 101-6.1001  Scope.

    (a) This subpart defines the policies, establishes minimum 
requirements, and provides guidance to agency management for the 
establishment, operation, administration, and duration of advisory 
committees subject to the Federal Advisory Committee Act, as amended. 
Reporting requirements which keep the Congress and the public informed 
of the number, purpose, membership activities, and cost of these 
advisory committees are also included.
    (b) The Act and this subpart do not apply to advisory meetings or 
groups listed in Sec. 101-6.1004.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1002  Policy.

    The policy to be followed by Federal departments, agencies, and 
commissions, consistent with the Federal Advisory Committee Act, as 
amended, is as follows:
    (a) An advisory committee shall be established only when it is 
essential to the conduct of agency business. Decision criteria include 
whether committee deliberations will result in the creation or 
elimination of, or change in regulations, guidelines, or rules affecting 
agency business; whether the information to be obtained is already 
available through another advisory committee or source within the 
Federal Government; whether the committee will make recommendations 
resulting in significant improvements in service or reductions in cost; 
or whether the committee's recommendations will provide an important 
additional perspective or viewpoint impacting agency operations;
    (b) An advisory committee shall be terminated whenever the stated 
objectives of the committee have been accomplished; the subject matter 
or work of the committee has become obsolete

[[Page 61]]

by the passing of time or the assumption of the committee's main 
functions by another entity within the Federal Government; or the agency 
determines that the cost of operation is excessive in relation to the 
benefits accruing to the Federal Government;
    (c) An advisory committee shall be fairly balanced in its membership 
in terms of the points of view represented and the functions to be 
performed; and
    (d) An advisory committee shall be open to the public in its 
meetings except in those circumstances where a closed meeting shall be 
determined proper and consistent with the provisions in the Government 
in the Sunshine Act, 5 U.S.C. 552(b).

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1003  Definitions.

    Act means the Federal Advisory Committee Act, as amended, 5 U.S.C., 
App.
    Administrator means the Administrator of General Services.
    Advisory committee subject to the Act means any committee, board, 
commission, council, conference, panel, task force, or other similar 
group, or any subcommittee or other subgroup thereof, which is 
established by statute, or established or utilized by the President or 
any agency official for the purpose of obtaining advice or 
recommendations on issues or policies which are within the scope of his 
or her responsibilities.
    Agency has the same meaning as in section 551(1) of title 5 of the 
United States Code.
    Committee Management Secretariat (Secretariat), established pursuant 
to the Act is responsible for all matters relating to advisory 
committees, and carries out the Administrator's responsibilities under 
the Act and Executive Order 12024.
    Committee member means an individual who serves by appointment on an 
advisory committee and has the full right and obligation to participate 
in the activities of the committee, including voting on committee 
recommendations.
    Presidential advisory committee means any advisory committee which 
advises the President. It may be established by the President or by the 
Congress, or used by the President in the interest of obtaining advice 
or recommendations for the President. ``Independent Presidential 
advisory committee'' means any Presidential advisory committee not 
assigned by the President, or the President's delegate, or by the 
Congress in law, to an agency for administrative and other support and 
for which the Administrator of General Services may provide 
administrative and other support on a reimbursable basis.
    Staff member means any individual who serves in a support capacity 
to an advisory committee.
    Utilized (or used), as referenced in the definition of Advisory 
committee in this section, means a committee or other group composed in 
whole or in part of other than full-time officers or employees of the 
Federal Government with an established existence outside the agency 
seeking its advice which the President or agency official(s) adopts, 
such as through institutional arrangements, as a preferred source from 
which to obtain advice or recommendations on a specific issue or policy 
within the scope of his or her responsibilities in the same manner as 
that individual would obtain advice or recommendations from an 
established advisory committee.



Sec. 101-6.1004  Examples of advisory meetings or groups not covered by the Act or this subpart.

    The following are examples of advisory meetings or groups not 
covered by the Act or this subpart;
    (a) Any committee composed wholly of full-time officers or employees 
of the Federal Government;
    (b) Any advisory committee specifically exempted by an Act of 
Congress;
    (c) Any advisory committee established or utilized by the Central 
Intelligence Agency;
    (d) Any advisory committee established or utilized by the Federal 
Reserve System;
    (e) The Advisory Committee on Intergovernmental Relations;
    (f) Any local civic group whose primary function is that of 
rendering a public service with respect to a Federal program, or any 
State or local committee, council, board, commission, or similar group 
established to advise or

[[Page 62]]

make recommendations to State or local officials or agencies;
    (g) Any committee which is established to perform primarily 
operational as opposed to advisory functions. Operational functions are 
those specifically provided by law, such as making or implementing 
Government decisions or policy. An operational committee may be covered 
by the Act if it becomes primarily advisory in nature. It is the 
responsibility of the administering agency to determine whether such a 
committee is primarily operational. If so, it would not fall under the 
requirements of the Act and this subpart, but would continue to be 
regulated under relevant laws, subject to the direction of the President 
and the review of the appropriate legislative committees;
    (h) Any meeting initiated by the President or one or more Federal 
official(s) for the purpose of obtaining advice or recommendations from 
one individual;
    (i) Any meeting initiated by a Federal official(s) with more than 
one individual for the purpose of obtaining the advice of individual 
attendees and not for the purpose of utilizing the group to obtain 
consensus advice or recommendations. However, agencies should be aware 
that such a group would be covered by the Act when an agency accepts the 
group's deliberations as a source of consensus advice or 
recommendations;
    (j) Any meeting initiated by a group with the President or one or 
more Federal official(s) for the purpose of expressing the group's view, 
provided that the President or Federal official(s) does not use the 
group recurrently as a preferred source of advice or recommendations;
    (k) Meetings of two or more advisory committee or subcommittee 
members convened solely to gather information or conduct research for a 
chartered advisory committee, to analyze relevant issues and facts, or 
to draft proposed position papers for deliberation by the advisory 
committee or a subcommittee of the advisory committee; or
    (l) Any meeting with a group initiated by the President or one or 
more Federal official(s) for the purpose of exchanging facts or 
information.



Sec. 101-6.1005  Authorities for establishment of advisory committees.

    An advisory committee may be established in one of four ways:
    (a) By law where the Congress specifically directs the President or 
an agency to establish it;
    (b) By law where the Congress authorizes but does not direct the 
President or an agency to establish it. In this instance, the 
responsible agency head shall follow the procedures provided in 
Sec. 101-6.1007;
    (c) By the President by Executive Order; or
    (d) By an agency under general agency authority in title 5 of the 
United States Code or under other general agency-authorizing law. In 
this instance, an agency head shall follow the procedures provided in 
Sec. 101-6.1007.



Sec. 101-6.1006  [Reserved]



Sec. 101-6.1007  Agency procedures for establishing advisory committees.

    (a) When an agency head decides that it is necessary to establish a 
committee, the agency must consider the functions of similar committees 
in the same agency before submitting a consultation to GSA to ensure 
that no duplication of effort will occur.
    (b) In establishing or utilizing an advisory committee, the head of 
an agency or designee shall comply with the Act and this subpart, and 
shall:
    (1) Prepare a proposed charter for the committee which includes the 
information listed in section 9(c) of the Act; and
    (2) Submit a letter and the proposed charter to the Secretariat 
proposing to establish or use, reestablish, or renew an advisory 
committee. The letter shall include the following information:
    (i) An explanation of why the committee is essential to the conduct 
of agency business and in the public interest;
    (ii) An explanation of why the committee's functions cannot be 
performed by the agency, another existing advisory committee of the 
agency, or other means such as a public hearing; and
    (iii) A description of the agency's plan to attain fairly balanced 
membership. The plan will ensure that, in the

[[Page 63]]

selection of members for the committee, the agency will consider a 
cross-section of those directly affected, interested, and qualified, as 
appropriate to the nature and functions of the committee. Committees 
requiring technical expertise should include persons with demonstrated 
professional or personal qualifications and experience relevant to the 
functions and tasks to be performed.
    (3) Subcommittees that do not function independently of the full or 
parent advisory committee need not follow the requirements of paragraphs 
(b)(1) and (b)(2) of this section. However, they are subject to all 
other requirements of the Act.
    (4) The requirements of paragraphs (b)(1) and (b)(2) of this section 
shall apply for any subcommittee of a chartered advisory committee, 
whether its members are drawn in whole or in part from the full or 
parent advisory committee, which functions independently of the parent 
advisory committee such as by making recommendations directly to the 
agency rather than for consideration by the chartered advisory 
committee.
    (c) The Secretariat will review the proposal and notify the agency 
of GSA's views within 15 calendar days of receipt, if possible. The 
agency head retains final authority for establishing a particular 
advisory committee.
    (d) The agency shall notify the Secretariat in writing that either:
    (1) The advisory committee is being established. The filing of the 
advisory committee charter as specified in Sec. 101-6.1013 shall be 
considered appropriate written notification in this instance. The date 
of filing constitutes the date of establishment or renewal. The agency 
head shall then comply with the provisions of Sec. 101-6.1009 for an 
established advisory committee; or
    (2) The advisory committee is not being established. In this 
instance, the agency shall also advise the Secretariat if the agency 
head intends to take any further action with respect to the proposed 
advisory committee.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1008  The role of GSA.

    (a) The functions under section 7 of the Act will be performed for 
the Administrator by the Secretariat. The Secretariat assists the 
Administrator in prescribing administrative guidelines and management 
controls for advisory committees, and assists other agencies in 
implementing and interpreting these guidelines. In exercising internal 
controls over the management and supervision of the operations and 
procedures vested in each agency by section 8(b) of the Act and by 
Sec. 101-6.1009 and Sec. 101-6.1017 of this rule, agencies shall conform 
to the guidelines prescribed by GSA.
    (b) The Secretariat may request comments from agencies on management 
guidelines and policy issues of broad interagency interest or 
application to the Federal advisory committee program.
    (c) In advance of issuing informal guidelines, nonstatutory 
reporting requirements, and administrative procedures such as report 
formats or automation, the Secretariat shall request formal or informal 
comments from agency Committee Management Officers.
    (d) The Secretariat shall assure that follow-up reports required by 
section 6(b) of the Act are prepared and transmitted to the Congress as 
directed by the President; either by his delegate, by the agency 
responsible for providing support to a Presidential advisory committee, 
or by the responsible agency or organization designated pursuant to 
paragraph (c) of Sec. 101-6.1011. In performing this function, GSA may 
solicit the assistance of the Office of Management and Budget and other 
appropriate organizations, as deemed appropriate.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1009  Responsibilities of an agency head.

    The head of each agency that uses one or more advisory committees 
shall ensure:
    (a) Compliance with the Act and this subpart;
    (b) Issuance of administrative guidelines and management controls 
which

[[Page 64]]

apply to all advisory committees established or used by the agency;
    (c) Designation of a Committee Management Officer who shall carry 
out the functions specified in section 8(b) of the Act;
    (d) Provision of a written determination stating the reasons for 
closing any advisory committee meeting to the public;
    (e) A review, at least annually, of the need to continue each 
existing advisory committee, consistent with the public interest and the 
purpose and functions of each committee;
    (f) Rates of pay are justified and levels of agency support are 
adequate;
    (g) The appointment of a Designated Federal Officer for each 
advisory committee and its subcommittees;
    (h) The opportunity for reasonable public participation in advisory 
committee activities;
    (i) That the number of committee members is limited to the fewest 
necessary to accomplish committee objectives;
    (j) That the interests and affiliations of advisory committee 
members are reviewed consistent with regulations published by the Office 
of Government Ethics in 5 CFR parts 734, 735, and 737, and additional 
requirements, if any, established by the sponsoring agency pursuant to 
Executive Order 12674, the conflict-of-interest statutes, and the Ethics 
in Government Act of 1978, as amended; and
    (k) Unless otherwise specified by the President, the preparation and 
transmittal of a follow-up report to the Congress detailing the 
disposition of the public recommendations of a Presidential advisory 
committee supported by the agency, in accordance with sections 6(b) of 
the Act.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1010  [Reserved]



Sec. 101-6.1011  Responsibilities of the chairperson of an independent Presidential advisory committee.

    The chairperson of an independent Presidential advisory committee 
shall comply with the Act and this subpart and shall:
    (a) Consult with the Administrator concerning the role of the 
Designated Federal Officer and Committee Management Officer;
    (b) Fulfill the responsibilities of an agency head as specified in 
paragraphs (d), (h) and (j) of Sec. 101-6.1009; and
    (c) Unless otherwise specified by the President, consult with the 
Administrator regarding the designation of an agency or organization 
responsible for implementing section 6(b) of the Act.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]



Sec. 101-6.1012  [Reserved]



Sec. 101-6.1013  Charter filing requirements.

    No advisory committee may operate, meet, or take any action until 
its charter has been filed as follows:
    (a) Advisory committee established, used, reestablished, or renewed 
by an agency. The agency head shall file--
    (1) The charter with the standing committees of the Senate and the 
House of Representatives having legislative jurisdiction of the agency;
    (2) A copy of the filed charter with the Library of Congress, 
Exchange and Gift Division, Federal Documents Section, Federal Advisory 
Committee Desk, Washington, DC 20540; and
    (3) A copy of the charter indicating the Congressional filing date, 
with the Secretariat.
    (b) Advisory committee specifically directed by law or authorized by 
law. Procedures are the same as in paragraph (a) of this section.
    (c) Presidential advisory committee. When either the President or 
the Congress establishes an advisory committee that advises the 
President, the responsible agency head or, in the case of an independent 
Presidential advisory committee, the President's designee shall file--
    (1) The charter with the Secretariat;
    (2) A copy of the filed charter with the Library of Congress; and
    (3) If specifically directed by law, a copy of the charter 
indicating its date of filing with the Secretariat, with the standing 
committees on the Senate and the House of Representatives having 
legislative jurisdiction of the agency or

[[Page 65]]

the independent Presidential advisory committee.



Sec. 101-6.1014  [Reserved]



Sec. 101-6.1015  Advisory committee information which must be published in the Federal Register.

    (a) Committee establishment, reestablishment, or renewal. (1) A 
notice in the Federal Register is required when an advisory committee, 
except a committee specifically directed by law or established by the 
President by Executive Order, is established, used, reestablished, or 
renewed. Upon receiving notification of the completed review from the 
Secretariat in accordance with paragraph (c) of Sec. 101-6.1007, the 
agency shall publish a notice in the Federal Register that the committee 
is being established, used, reestablished, or renewed. For a new 
committee, such notice shall also describe the nature and purpose of the 
committee and the agency's plan to attain fairly balanced membership, 
and shall include a statement that the committee is necessary and in the 
public interest.
    (2) Establishment and reestablishment notices shall appear at least 
15 calendar days before the committee charter is filed, except that the 
Secretariat may approve less than 15 days when requested by the agency 
for good cause. The 15-day advance notice requirement does not apply to 
committee renewals, notices of which may be published concurrently with 
the filing of the charter.
    (b) Committee meetings. (1) The agency or an independent 
Presidential advisory committee shall publish at least 15 calendar days 
prior to an advisory committee meeting a notice in the Federal Register, 
which includes:
    (i) The exact name of the advisory committee as chartered;
    (ii) The time, date, place, and purpose of the meeting;
    (iii) A summary of the agenda; and
    (iv) A statement whether all or part of the meeting is open to the 
public or closed, and if closed, the reasons why, citing the specific 
exemptions of the Government in the Sunshine Act (5 U.S.C. 552(b)) as 
the basis for closure.
    (2) In exceptional circumstances, the agency or an independent 
Presidential advisory committee may give less than 15 days notice, 
provided that the reasons for doing so are included in the committee 
meeting notice published in the Federal Register.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]



Sec. 101-6.1016  [Reserved]



Sec. 101-6.1017  Responsibilities of the agency Committee Management Officer.

    In addition to implementing the provisions of section 8(b) of the 
Act, the Committee Management Officer will carry out all 
responsibilities delegated by the agency head. The Committee Management 
Officer should also ensure that section 10(b), 12(a) and 13 of the Act 
are implemented by the agency to provide for appropriate recordkeeping. 
Records include, but are not limited to:
    (a) A set of approved charters and membership lists for each 
advisory committee;
    (b) Copies of the agency's portion of the Annual Report of Federal 
Advisory Committees required by paragraph (b) of Sec. 101-6.1035;
    (c) Agency guidelines on committee management operations and 
procedures as maintained and updated; and
    (d) Agency determinations to close advisory committee meetings as 
required by paragraph (c) of Sec. 101-6.1023.



Sec. 101-6.1018  [Reserved]



Sec. 101-6.1019  Duties of the Designated Federal Officer.

    The agency head or, in the case of an independent Presidential 
advisory committee, the Administrator shall designate a Federal officer 
or employee, who may be either full-time or permanent part-time, to be 
the Designated Federal Officer for each advisory committee and its 
subcommittees, who:
    (a) Must approve or call the meeting of the advisory committee;
    (b) Must approve the agenda;
    (c) Must attend the meetings;
    (d) Shall adjourn the meetings when such adjournment is in the 
public interest; and
    (e) Chairs the meeting when so directed by the agency head.

[[Page 66]]

    (f) The requirement in paragraph (b) of this section does not apply 
to a Presidential advisory committee.



Sec. 101-6.1020  [Reserved]



Sec. 101-6.1021  Public participation in advisory committee meetings.

    The agency head, or the chairperson of an independent Presidential 
advisory committee, shall ensure that--
    (a) Each advisory committee meeting is held at a reasonable time and 
in a place reasonably accessible to the public;
    (b) The meeting room size is sufficient to accommodate advisory 
committee members, committee or agency staff, and interested members of 
the public;
    (c) Any member of the public is permitted to file a written 
statement with the advisory committee; and
    (d) Any member of the public may speak at the advisory committee 
meeting if the agency's guidelines so permit.



Sec. 101-6.1022  [Reserved]



Sec. 101-6.1023  Procedures for closing an advisory committee meeting.

    (a) To close all or part of a meeting, an advisory committee shall 
submit a request to the agency head or, in the case of an independent 
Presidential advisory committee, the Administrator, citing the specific 
provisions of the Government in the Sunshine Act (5 U.S.C. 552(b)) which 
justify the closure. The request shall provide the agency head or the 
Administrator sufficient time to review the matter in order to make a 
determination prior to publication of the meeting notice required by 
Sec. 101-6.1015(b).
    (b) The general counsel of the agency or, in the case of an 
independent Presidential advisory committee, the general counsel of the 
General Services Administration should review all requests to close 
meetings.
    (c) If the agency head or, in the case of an independent 
Presidential advisory committee, the Administrator agrees that the 
request is consistent with the provisions in the Government in the 
Sunshine Act and the Federal Advisory Committee Act, he or she shall 
issue a determination that all or part of the meeting be closed.
    (d) The agency head, or the chairperson of an independent 
Presidential advisory committee, shall:
    (1) Make a copy of the determination available to the public upon 
request; and
    (2) State the reasons why all or part of the meeting is closed, 
citing the specific exemptions used from the Government in the Sunshine 
Act in the meeting notice published in the Federal Register.



Sec. 101-6.1024  [Reserved]



Sec. 101-6.1025  Requirement for maintaining minutes of advisory committee meetings.

    (a) The agency head or, in the case of an independent Presidential 
advisory committee, the chairperson shall ensure that detailed minutes 
of each advisory committee meeting are kept. The minutes must include:
    (1) Time, date, and place;
    (2) A list of the following persons who were present:
    (i) Advisory committee members and staff;
    (ii) Agency employees; and
    (iii) Members of the public who presented oral or written 
statements;
    (3) An estimated number of other members of the public present;
    (4) An accurate description of each matter discussed and the 
resolution, if any, made by the committee of such matter; and
    (5) Copies of each report or other document received, issued, or 
approved by the committee.
    (b) The chairperson of each advisory committee shall certify to the 
accuracy of all minutes of advisory committee meetings.



Sec. 101-6.1026  [Reserved]



Sec. 101-6.1027  Termination of advisory committees.

    (a) Any advisory committee shall automatically terminate not later 
than 2 years after it is established, reestablished, or renewed, unless:
    (1) Its duration is otherwise provided for by law;

[[Page 67]]

    (2) The President or agency head renews it prior to the end of such 
period; or
    (3) The President or agency head terminates it before that time by 
revoking or abolishing its establishment authority.
    (b) If an agency head terminates an advisory committee, the agency 
shall notify the Secretariat of the effective date of termination.



Sec. 101-6.1028  [Reserved]



Sec. 101-6.1029  Renewal and rechartering of advisory committees.

    (a) Advisory committees specifically directed by law:
    (1) Whose duration extends beyond 2 years shall require rechartering 
by the filing of a new charter every 2 years after the date of enactment 
of the law establishing the committee. If a new charter is not filed, 
the committee is not terminated, but may not meet or take any action.
    (2) Which would terminate under the provisions of section 14 of the 
Act, and for which renewal would require reauthorization by law, may be 
reestablished by an agency provided that the agency complies under 
general agency authority with the provisions of Sec. 101-6.1007.
    (b) Advisory committees established by the President may be renewed 
by appropriate action of the President and the filing of a new charter.
    (c) Advisory committees authorized by law or established or used by 
an agency may be renewed, provided that at least 30 but not more than 60 
days before the committee terminates, an agency head who intends to 
renew a committee complies with the provisions of Sec. 101-6.1007.



Sec. 101-6.1030  [Reserved]



Sec. 101-6.1031  Amendments to advisory committee charters.

    (a) Committees specifically directed by law or authorized by law; or 
established by the President. The agency head shall be responsible for 
ensuring that any minor technical changes made to current charters are 
consistent with the relevant statute or Executive Order. When the 
Congress by law, or the President by Executive Order, changes the 
authorizing language which has been the basis for establishing an 
advisory committee, the agency head, or the chairperson of an 
independent Presidential advisory committee, shall:
    (1) Amend those sections of the current charter affected by the new 
law or Executive Order; and
    (2) File the amended charter as specified in Sec. 101-6.1013.
    (b) Committees established or used by an agency. The charter of an 
advisory committee established under general agency authority may be 
amended when an agency head determines that the existing charter no 
longer accurately reflects the objectives or functions of the committee. 
Changes may be minor, such as revising the name of the advisory 
committee, or modifying the estimated number or frequency of meetings. 
Changes may also be major such as those dealing with the objectives or 
composition of the committee. The agency head retains final authority 
for amending the charter of an advisory committee. Amending any existing 
advisory committee charter does not constitute renewal of the committee 
under Sec. 101-6.1029.
    (1) To make a minor amendment to a committee charter, an agency 
shall:
    (i) Amend the charter language as necessary, and
    (ii) File the amended charter as specified in Sec. 101-6.1013.
    (2) To make a major amendment to a committee charter, an agency 
shall:
    (i) Amend the charter language as necessary;
    (ii) Submit the proposed amended charter with a letter to the 
Secretariat requesting GSA's views on the amended language, along with 
an explanation of the purpose of the changes and why they are necessary. 
The Secretariat will review the proposed changes and notify the agency 
of GSA's views within 15 calendar days of the request, if possible; and
    (iii) File the amended charter as specified in Sec. 101-6.1013.

[[Page 68]]



Sec. 101-6.1032  [Reserved]



Sec. 101-6.1033  Compensation and expense reimbursement of advisory committee members, staffs and consultants.

    (a) Uniform pay guidelines for members of an advisory committee. 
Nothing in this subpart shall require an agency head to provide 
compensation, unless otherwise provided by law, to a member of an 
advisory committee. However, when compensation is deemed appropriate by 
an agency, it shall fix the pay of the members of an advisory committee 
to the daily equivalent of a rate of the General Schedule in 5 U.S.C. 
5332 unless the members are appointed as consultants and compensated 
under 5 U.S.C. 3109. In determining an appropriate rate of pay for the 
members, an agency shall give consideration to the significance, scope, 
and technical complexity of the matters with which the advisory 
committee is concerned and the qualifications required of the members of 
the advisory committee. An agency may not fix the pay of the members of 
an advisory committee at a rate higher than the daily equivalent of the 
maximum rate for a GS-15 under the General Schedule, unless a higher 
rate is mandated by statute, or the head of the agency has personally 
determined that a higher rate of pay under the General Schedule is 
justified and necessary. Such a determination must be reviewed by the 
head of the agency annually. Under this subpart, an agency may not fix 
the pay of the members of an advisory committee at a rate of pay higher 
than the daily equivalent of a rate for a GS-18, as provided in 5 U.S.C. 
5332.
    (b) Pay for staff members of an advisory committee. An agency may 
fix the pay of each advisory committee staff member at a rate of the 
General Schedule in which the Staff member's position would 
appropriately be placed (5 U.S.C. chapter 51). An agency may not fix the 
pay of a staff member at a rate higher than the daily equivalent of the 
maximum rate for GS-15, unless the agency head has determined that under 
the General Schedule the staff member's position would appropriately be 
placed at a grade higher than GS-15. This determination must be reviewed 
annually by the agency head.
    (1) In establishing rates of compensation, the agency head shall 
comply with any applicable statutes, regulations, Executive Orders, and 
administrative guidelines.
    (2) A staff member who is a Federal employee shall serve with the 
knowledge of the Designated Federal Officer and the approval of the 
employee's direct supervisor. If a non-Federal employee, the staff 
member shall be appointed in accordance with applicable agency 
procedures, following consultation with the advisory committee.
    (c) Pay for consultants to an advisory committee. An agency shall 
fix the pay of a consultant to an advisory committee after giving 
consideration to the qualifications required of the consultant and the 
significance, scope, and technical complexity of the work. The 
compensation may not exceed the maximum rate of pay authorized by 5 
U.S.C. 3109, and shall be in accordance with any applicable statutes, 
regulations, Executive Orders and administrative guidelines.
    (d) Gratuitous services. In the absence of any special limitations 
applicable to a specific agency, nothing in this subpart shall prevent 
an agency from accepting the gratuitous services of an advisory 
committee member, staff member, or consultant who agrees in advance to 
serve without compensation.
    (e) Travel expenses. Advisory committee members and staff members, 
while engaged in the performance of their duties away from their homes 
or regular places of business, may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 of title 
5, United States Code, for persons employed intermittently in the 
Government service.
    (f) Services for handicapped members. While performing advisory 
committee duties, an advisory committee member who is blind or deaf or 
who qualifies as a handicapped individual may be provided services by a 
personal assistant for handicapped employees if the member:
    (1) Qualifies as a handicapped individual as defined by section 501 
of the

[[Page 69]]

Rehabilitation Act of 1973 (29 U.S.C. 794); and
    (2) Does not otherwise qualify for assistance under 5 U.S.C. 3102 by 
reason of being an employee of an agency.
    (g) Exclusions. (1) Nothing in this section shall prevent any person 
who (without regard to his or her service with an advisory committee) is 
a full-time Federal employee from receiving compensation at a rate which 
he or she otherwise would be compensated as a full-time Federal 
employee.
    (2) Nothing in this section shall prevent any person who immediately 
before his or her service with an advisory committee was a full-time 
Federal employee from receiving compensation at the rate at which he or 
she was compensated as a full-time Federal employee.
    (3) Nothing in this section shall affect a rate of pay or a 
limitation on a rate of pay that is specifically established by law or a 
rate of pay established under the General Schedule classification and 
pay system in chapter 51 and chapter 53 of title 5, United States Code.



Sec. 101-6.1034  [Reserved]



Sec. 101-6.1035  Reports required for advisory committees.

    (a) Within one year after a Presidential advisory committee has 
submitted a public report to the President, a follow-up report will be 
prepared and transmitted to the Congress as determined under paragraph 
(d) of Sec. 101-6.1008, detailing the disposition of the committee's 
recommendations in accordance with section 6(b) of the Act. Reports 
shall be consistent with specific instructions issued periodically by 
the Secretariat;
    (b) The President's annual report to the Congress shall be prepared 
by GSA based on reports filed on a fiscal year basis by each agency 
consistent with the information specified in section 6(c) of the Act. 
Reports from agencies shall be consistent with instructions provided 
annually by the Secretariat. Agency reports shall also include 
information requested to enable the Secretariat to carry out the annual 
comprehensive review of each advisory committee as required by section 
7(b) of the Act. These reports have been cleared in accordance with 
FIRMR subpart 201-45.6 in 41 CFR chapter 201 and assigned interagency 
report control number 0304-GSA-XX.
    (c) In accordance with section 10(d) of the Act, advisory committees 
holding closed meetings shall issue reports at least annually, setting 
forth a summary of activities consistent with the policy of section 
552(b) of title 5, United States Code.
    (d) Subject to section 552 of title 5, United States Code, eight 
copies of each report made by an advisory committee, including any 
report on closed meetings as specified in paragraph (c) of this section, 
and, where appropriate, background papers prepared by consultants, shall 
be filed with the Library of Congress as required by section 13 of the 
Act, for public inspection and use at the location specified in 
paragraph (a)(2) of Sec. 101-6.1013.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]

Subparts 101-6.11--101-6.20  [Reserved]



     Subpart 101-6.21--Intergovernmental Review of General Services 
                 Administration Programs and Activities

    Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended Apr. 
8, 1983 (48 FR 15887); sec. 401 of the Intergovernmental Cooperation Act 
of 1968 as amended (31 U.S.C. 6506).

    Source: 48 FR 29329, June 24, 1983, unless otherwise noted.

    Editorial Note: For additional information, see related documents 
published at 47 FR 57369, Dec. 23, 1982, 48 FR 17101, Apr. 21, 1983, and 
48 FR 29096, June 24, 1983.



Sec. 101-6.2100  Scope of subpart.

    This subpart implements Executive Order 12372, ``Intergovernmental 
Review of Federal Programs'', for Federal financial assistance and 
direct Federal development programs of the General Services 
Administration (GSA).

[[Page 70]]



Sec. 101-6.2101  What is the purpose of these regulations?

    (a) The regulations in this part implement Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' issued July 14, 1982, 
and amended on April 8, 1983. These regulations also implement 
applicable provisions of section 401 of the Intergovernmental 
Cooperation Act of 1968.
    (b) These regulations are intended to foster an intergovenmental 
partnership and a strengthened Federalism by relying on State processes 
and on State, areawide, regional and local coordination for review of 
proposed Federal financial assistance and direct Federal development.
    (c) These regulations are intended to aid the internal management of 
GSA, and are not intended to create any right or benefit enforceable at 
law by a party against GSA or its officers.



Sec. 101-6.2102  What definitions apply to these regulations?

    GSA means the U.S. General Services Administration.
    Order means Executive Order 12372, issued July 14, 1982, and amended 
April 8, 1983, and titled ``Intergovernmental Review of Federal 
Programs.''
    Administrator means the Administrator of General Services or an 
official or employee of GSA acting for the Administrator under a 
delegation of authority.
    State means any of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust 
Territory of the Pacific Islands.



Sec. 101-6.2103  What programs and activities of GSA are subject to these regulations?

    The Administrator publishes in the Federal Register a list of GSA's 
programs and activities that are subject to these regulations.



Sec. 101-6.2104  What are the Administrator's general responsibilities under the Order?

    (a) The Administrator provides opportunities for consultation by 
elected officials of those State and local governments that would 
provide the non-Federal funds for, or that would be directly affected 
by, proposed Federal financial assistance from, or direct Federal 
development by, GSA.
    (b) If a State adopts a process under the Order to review and 
coordinate proposed Federal financial assistance and direct Federal 
development, the Administrator, to the extent permitted by law:
    (1) Uses the State process to determine official views of State and 
local elected officials;
    (2) Communicates with State and local elected officials as early in 
a program planning cycle as is reasonably feasible to explain specific 
plans and actions;
    (3) Makes efforts to accommodate State and local elected officials' 
concerns with proposed Federal financial assistance and direct Federal 
development that are communicated through the State process;
    (4) Allows the States to simplify and consolidate existing federally 
required State plan submissions;
    (5) Where State planning and budgeting systems are sufficient and 
where permitted by law, encourages the substitution of State plans for 
federally required State plans;
    (6) Seeks the coordination of views of affected State and local 
elected officials in one State with those of another State when proposed 
Federal financial assistance or direct Federal development has an impact 
on interstate metropolitan urban centers or other interstate areas; and
    (7) Supports State and local governments by discouraging the 
reauthorization or creation of any planning organization which is 
federally-funded, which has limited purpose, and which is not adequately 
representative of, or accountable to, State or local elected officials.



Sec. 101-6.2105  What is the Administrator's obligation with respect to Federal interagency coordination?

    The Administrator, to the extent practicable, consults with and 
seeks advice from all other substantially affected Federal departments 
and agencies in an effort to assure full coordination between such 
agencies and GSA

[[Page 71]]

regarding programs and activities covered under these regulations.



Sec. 101-6.2106  What procedures apply to the selection of programs and activities under these regulations?

    (a) A State may select any program or activity published in the 
Federal Register in accordance with Sec. 101-6.2103 of this part for 
intergovernmental review under these regulations. Each State, before 
selecting programs and activities, shall consult with local elected 
officials.
    (b) Each State that adopts a process shall notify the Administrator 
of the GSA programs and activities selected for that process.
    (c) A State may notify the Administrator of changes in its 
selections at any time. For each change, the State shall submit to the 
Administrator an assurance that the State has consulted with elected 
local elected officials regarding the change. GSA may establish 
deadlines by which States are required to inform the Administrator of 
changes in their program selections.
    (d) The Administrator uses a State's process as soon as feasible, 
depending on individual programs and activities, after the Administrator 
is notified of its selections.



Sec. 101-6.2107  How does the Administrator communicate with State and local officials concerning GSA's programs and activities?

    (a) [Reserved]
    (b) The Administrator provides notice to directly affected State, 
areawide, regional, and local entities in a State of proposed Federal 
financial assistance or direct Federal development if:
    (1) The State has not adopted a process under the Order; or
    (2) The assistance or development involves a program or activity not 
selected for the State process.

    Note: This notice may be made by publication in the Federal Register 
or other appropriate means, which GSA in its discretion deems 
appropriate.



Sec. 101-6.2108  How does the Administrator provide States an opportunity to comment on proposed Federal financial assistance and direct Federal development?

    (a) Except in unusual circumstances, the Administrator gives State 
processes or directly affected State, areawide, regional and local 
officials and entities at least:
    (1) [Reserved]
    (2) 60 days from the date established by the Administrator to 
comment on proposed direct Federal development or Federal financial 
assistance.
    (b) This section also applies to comments in cases in which the 
review, coordination, and communication with GSA have been delegated.



Sec. 101-6.2109  How does the Administrator receive and respond to comments?

    (a) The Administrator follows the procedures in Sec. 101-6.2110 if:
    (1) A State office or official is designated to act as a single 
point of contact between a State process and all Federal agencies, and
    (2) That office or official transmits a State process recommendation 
for a program selected under Sec. 101-6.2106.
    (b)(1) The single point of contact is not obligated to transmit 
comments from State, areawide, regional or local officials and entities 
where there is no State process recommendation.
    (2) If a State process recommendation is transmitted by a single 
point of contact, all comments from State, areawide, regional, and local 
officials and entities that differ from it must also be transmitted.
    (c) If a State has not established a process, or is unable to submit 
a State process recommendation, State, areawide, regional and local 
officials and entities may submit comments to GSA.
    (d) If a program or activity is not selected for a State process, 
State, areawide, regional and local officials and entities may submit 
comments to GSA. In addition, if a State process recommendation for a 
nonselected program or activity is transmitted to GSA

[[Page 72]]

by the single point of contact, the Administrator follows the procedures 
of Sec. 101-6.2110 of this part.
    (e) The Administrator considers comments which do not constitute a 
State process recommendation submitted under these regulations, and for 
which the Administrator is not required to apply the procedures of 
Sec. 101-6.2110 of this part, when such comments are provided by a 
single point of contact, or directly to GSA by a commenting party.



Sec. 101-6.2110  How does the Administrator make efforts to accommodate intergovernmental concerns?

    (a) If a State process provides a State process recommendation to 
GSA through its single point of contact, the Administrator either:
    (1) Accepts the recommendation;
    (2) Reaches a mutually agreeable solution with the State process; or
    (3) Provides the single point of contact with such written 
explanation of its decision, as the Administrator in his or her 
discretion deems appropriate. The Administrator may also supplement the 
written explanation by providing the explanation to the single point of 
contact by telephone, other telecommunication, or other means.
    (b) In any explanation under paragraph (a)(3) of this section, the 
Administrator informs the single point of contact that:
    (1) GSA will not implement its decision for at least ten days after 
the single point of contact receives the explanation; or
    (2) The Administrator has reviewed the decision and determined that, 
because of unusual circumstances, the waiting period of at least ten 
days is not feasible.
    (c) For purposes of computing the waiting period under paragraph 
(b)(1) of this section, a single point of contact is presumed to have 
received written notification 5 days after the date of mailing of such 
notification.



Sec. 101-6.2111  What are the Administrator's obligations in interstate situations?

    (a) The Administrator is responsible for:
    (1) Identifying proposed Federal financial assistance and direct 
Federal development that have an impact on interstate areas;
    (2) Notifying appropriate officials and entities in States which 
have adopted a process and which have selected a GSA program or 
activity;
    (3) Making efforts to identify and notify the affected State, 
areawide, regional, and local officials and entities in those States 
that have not adopted a process under the Order or have not selected a 
GSA program or activity; and
    (4) Responding pursuant to Sec. 101-6.2110 of this part if the 
Administrator receives a recommendation from a designated areawide 
agency transmitted by a single point of contact, in cases in which the 
review, coordination, and communication with GSA have been delegated.
    (b) The Administrator uses the procedures in Sec. 101-6.2110 if a 
State process provides a State process recommendation to GSA through a 
single point of contact.



Sec. 101-6.2112  How may a State simplify, consolidate, or substitute federally required State plans?

    (a) As used in this section:
    (1) Simplify means that a State may develop its own format, choose 
its own submission date, and select the planning period for a State 
plan.
    (2) Consolidate means that a State may meet statutory and regulatory 
requirements by combining two or more plans into one document and that 
the State can select the format, submission date, and planning period 
for the consolidated plan.
    (3) Substitute means that a State may use a plan or other document 
that it has developed for its own purposes to meet Federal requirements.
    (b) If not inconsistent with law, a State may decide to try to 
simplify, consolidate, or substitute federally required State plans 
without prior approval by the Administrator.
    (c) The Administrator reviews each State plan that a State has 
simplified, consolidated, or substituted and accepts the plan only if 
its contents meet Federal requirements.

[[Page 73]]



Sec. 101-6.2113  May the Administrator waive any provision of these regulations?

    In an emergency, the Administrator may waive any provision of these 
regulations.

Subparts 101-6.22--101-6.48  [Reserved]



                     Subpart 101-6.49--Illustrations

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).



Sec. 101-6.4900  Scope of subpart.

    This subpart contains illustrations prescribed for use in connection 
with the subject matter covered in part 101-6.

[37 FR 20542, Sept. 30, 1972]



Sec. 101-6.4901  [Reserved]



Sec. 101-6.4902  Format of certification required for budget submissions of estimates of obligations in excess of $100,000 for acquisitions of real and related 
          personal property.

    Note: The illustration in Sec. 101-6.4902 is filed as part of the 
original document.

[37 FR 20542, Sept. 30, 1972]



PART 101-8--NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS--Table of Contents




Subparts 101-8.1--101-8.2  [Reserved]

   Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap

Sec.
101-8.300  Purpose and applicability.
101-8.301  Definitions.
101-8.302  General prohibitions.
101-8.303  Specific prohibitions.
101-8.304  Effect of State or local law or other requirements and effect 
          of employment opportunities.
101-8.305  Employment practices prohibited.
101-8.306  Reasonable accommodation.
101-8.307  Employment criteria.
101-8.308  Preemployment inquiries.
101-8.309  Program accessibility.
101-8.310  New construction.
101-8.311  Historic preservation programs.
101-8.312  Procedures.
101-8.313  Self-evaluation.

Subparts 101-8.4--101-8.6  [Reserved]

     Subpart 101-8.7--Discrimination Prohibited on the Basis of Age

101-8.700  Purpose of the Age Discrimination Act of 1975.
101-8.701  Scope of General Services Administration's age discrimination 
          regulation.
101-8.702  Applicability.
101-8.703  Definitions of terms.
101-8.704  Rules against age discrimination.
101-8.705  Definition of normal operation and statutory objective.
101-8.706  Exceptions to the rules against age discrimination.
101-8.706-1  Normal operation or statutory objective of any program or 
          activity.
101-8.706-2  Reasonable factors other than age.
101-8.707  Burden of proof.
101-8.708  Affirmative action by recipient.
101-8.709  Special benefits for children and the elderly.
101-8.710  Age distinctions contained in General Services Administration 
          regulation.
101-8.711  General responsibilities.
101-8.712  Notice to subrecipients and beneficiaries.
101-8.713  Assurance of compliance and recipient assessment of age 
          distinctions.
101-8.714  Information requirements.
101-8.715  Compliance reviews.
101-8.716  Complaints.
101-8.717  Mediation.
101-8.718  Investigation.
101-8.719  Prohibition against intimidation or retaliation.
101-8.720  Compliance procedure.
101-8.721  Hearings.
101-8.722  Decisions and notices.
101-8.723  Remedial action by recipient.
101-8.724  Exhaustion of administrative remedies.
101-8.725  Alternate funds disbursal.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 47 FR 25337, June 11, 1982, unless otherwise noted.

Subparts 101-8.1--101-8.2  [Reserved]



   Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap



Sec. 101-8.300  Purpose and applicability.

    (a) The purpose of this subpart is to implement section 504 of the 
Rehabilitation Act of 1973, as amended, which prohibits discrimination 
on the basis of

[[Page 74]]

handicap in any program or activity receiving Federal financial 
assistance.
    (b) This subpart applies to each recipient or subrecipient of 
Federal assistance from GSA and to each program or activity that 
receives or benefits from assistance.



Sec. 101-8.301  Definitions.

    (a) Section 504 means section 504 of the Rehabilitation Act of 1973, 
Public Law 93-112, as amended by the Rehabilitation Act Amendments of 
1974, Public Law 93-516, 29 U.S.C. 794.
    (b) Handicapped person means any person who has a physical or mental 
impairment which substantially limits one or more major life activities, 
has a record of such impairments, or is regarded as having such an 
impairment.
    (c) As used in paragraph (b) of this section, the phrase:
    (1) Physical or mental impairment means:
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive, digestive, 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech and hearing impairments, 
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, 
cancer, heart disease, diabetes, mental retardation, emotional illness 
and drug addiction and alcoholism, when current use of drugs and/or 
alcohol is not detrimental to or interferes with the employee's 
performance, nor constitutes a direct threat to property or safety of 
others.
    (2) Major life activities means functions such as caring for one's 
self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means:
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but that is treated by a recipient as 
constituting such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraphs (c)(1) (i) 
and (ii) of this section, but is treated by a recipient as having such 
an impairment.
    (d) Qualified handicapped person means:
    (1) With respect to employment, a handicapped person who, with 
reasonable accommodation, can perform the essential functions of the job 
in question;
    (2) With respect to public preschool, elementary, secondary, or 
adult education services, a handicapped person:
    (i) Of an age during which nonhandicapped persons are provided such 
services;
    (ii) Of any age during which it is mandatory under state law to 
provide such services to handicapped persons; or
    (iii) To whom a state is required to provide a free appropriate 
public education under section 612 of the Education for All Handicapped 
Children Act of 1975, Public Law 94-142.
    (3) With respect to postsecondary and vocational education services, 
a handicapped person who meets the academic and technical standards 
requisite to admission or participation in the recipient's education 
program or activity; and
    (4) With respect to other services, a handicapped person who meets 
the essential eligibility requirements for the receipt of such services.
    (e) Handicap means condition or characteristic that renders a person 
a handicapped person as defined in paragraph (b) of this section.

The definitions set forth in Sec. 101-6.216, to the extent not 
inconsistent with

[[Page 75]]

this subpart, are made applicable to and incorporated into this subpart.



Sec. 101-8.302  General prohibitions.

    No qualified handicapped persons shall, on the basis of handicap, be 
excluded from participation in, be denied the benefits of, or otherwise 
be subjected to discrimination under any program or activity that 
receives or benefits from Federal assistance from GSA.



Sec. 101-8.303  Specific prohibitions.

    (a) A recipient, in providing any aid, benefit, or service, may not 
directly or through contractual, licensing, or other arrangements, on 
the basis of handicap:
    (1) Deny a qualified person the opportunity to participate in or 
benefit from the aid, benefit, or service;
    (2) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (3) Provide a qualified handicapped person with an aid, benefit, or 
service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided others;
    (4) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless the action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (5) Aid or perpetuate discrimination against a qualified handicapped 
person by providing significant assistance to an agency, organization, 
or person that discriminates on the basis of handicap in providing any 
aid, benefit, or services to beneficiaries of the recipient's program;
    (6) Deny a qualified handicapped person the opportunity to 
participate as a member of planning committees, advisory boards, or 
other groups; or
    (7) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (b) For purposes of this subpart, aids, benefits, and services, to 
be equally effective, are not required to produce the identical result 
or level of achievement for handicapped and nonhandicapped persons, but 
must afford handicapped persons equal opportunity to obtain the same 
result, to gain the same benefit, or to reach the same level of 
achievement in the most integrated setting appropriate to the person's 
needs.
    (c) Despite the existence of permissible separate or different 
programs or activities, a recipient may not deny a qualified handicapped 
person the opportunity to participate in programs or activities that are 
not separate or different.
    (d) A recipient may not, directly or through contractual or other 
arrangements, use criteria or methods of administration that:
    (1) Have the effect of subjecting qualified handicapped persons to 
discrimination on the basis of handicap;
    (2) Have the purpose or effect of defeating or substantially 
impairing accomplishment of the objectives of the recipient's program 
with respect to handicapped persons; or
    (3) Perpetuate the discrimination of another recipient if both 
recipients are subject to common administrative control or are agencies 
of the same State.
    (e) In determining the site of a facility, an applicant for 
assistance or a recipient may not make selections that:
    (1) Have the effect of excluding handicapped persons from, denying 
them the benefits of, or otherwise subjecting them to discrimination 
under any program or activity that receives Federal assistance from GSA; 
or
    (2) Have the purpose or effect of defeating or substantially 
impairing the accomplishment of the objectives of the program or 
activity with respect to handicapped persons.
    (f) As used in this section, the aid, benefit, or service provided 
under a program or activity receiving or benefitting from Federal 
assistance includes any aid, benefit, or service provided in or through 
a facility that has been constructed, expanded, altered, leased, or 
rented, or otherwise acquired, in whole or in part, with Federal 
assistance.

[[Page 76]]

    (g) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this subpart.
    (h) Recipients shall take appropriate steps to ensure that 
communications with the donees, applicants, employees, and handicapped 
persons participating in federally assisted programs and activities or 
receiving aid, benefits, or services are available to persons with 
impaired vision and hearing. Examples of communications methods include: 
Telecommunication devices for the deaf (TDD's), other telephonic 
devices, provision of braille materials, readers, and qualified sign 
language interpreters.
    (i) The enumeration of specific forms of prohibited discrimination 
in this section does not limit the generality of the prohibition in 
Sec. 101-8.302 of this subpart.



Sec. 101-8.304  Effect of State or local law or other requirements and effect of employment opportunities.

    (a) The obligation to comply with this subpart is not obviated or 
alleviated by the existence of any State or local law or other 
requirement that, on the basis of handicap, imposes prohibitions or 
limits upon the eligibility of qualified handicapped persons to receive 
services or to practice any occupation or profession.
    (b) The obligation to comply with this subpart is not obviated or 
alleviated because employment opportunities in any occupation or 
profession are or may be more limited for handicapped persons than for 
nonhandicapped persons.



Sec. 101-8.305  Employment practices prohibited.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be subjected to employment discrimination under any program or activity 
to which this subpart applies.
    (b) A recipient shall make all decisions concerning employment under 
any program or activity to which this subpart applies in a manner which 
ensures that discrimination on the basis of handicap does not occur and 
may not limit, segregate, or classify applicants or employees in any way 
that adversely affects their opportunities or status because of 
handicap.
    (c) A recipient may not participate in a contractual or other 
relationship that has the effect of subjecting qualified handicapped 
applicants or employees to discrimination prohibited by this subpart. 
The relationships referred to in this paragraph include relationships 
with employment and referral agencies, labor unions, organizations 
providing or administering fringe benefits to employees of the 
recipient, and organizations providing training and apprenticeship 
programs.
    (d) The provisions of this subpart apply to:
    (1) Recruitment, advertising, and processing of applications for 
employment;
    (2) Hiring, upgrading, promotion, award of tenure, demotion, 
transfer, layoff, termination, right of return from layoff, and 
rehiring;
    (3) Rates of pay or any other form of compensation and changes in 
compensation;
    (4) Job assignments, job classifications, organizational structures, 
position descriptions, lines of progression, and seniority lists;
    (5) Leaves of absence, sick or otherwise;
    (6) Fringe benefits available by virture of employment, whether 
administered by the recipient or not;
    (7) Selection and provision of financial support for training, 
including apprenticeship, professional meetings, conferences, and other 
related activities, and selection for leaves of absence to pursue 
training;
    (8) Employer-sponsored activities, including social or recreational 
programs; and
    (9) Any other term, condition, or privilege of employment.
    (e) A recipient's obligation to comply with this subpart is not 
affected by any inconsistent term of any collective bargaining agreement 
to which it is a party.

[[Page 77]]



Sec. 101-8.306  Reasonable accommodation.

    (a) A recipient shall make reasonable accommodation to the known 
physical or metal limitations of an otherwise qualified handicapped 
applicant or employee unless the recipient can demonstrate that the 
accommodation would impose an undue hardship on the operation of its 
program.
    (b) Reasonable accommodation may include:
    (1) Making facilities used by employees readily accessible to and 
usable by handicapped persons; and
    (2) Job restructing; part-time or modified work schedules; 
acquisition or modification of equipment or devices, such as 
telecommunications devices or other telephonic devices for hearing 
impaired persons; provision of reader or qualified sign language 
interpreters; and other similar actions. These actions are to be taken 
either upon request of the handicapped employee or, if not so requested, 
upon the recipient's own initiative, after consultation with and 
approval by the handicapped person.
    (c) In determining, under paragraph (a) of this section, whether an 
accommodation would impose an undue hardship on the operation of a 
recipient's program, factors to be considered include:
    (1) The overall size of the recipient's program with respect to 
number of employees, number and type of facilities, and size of budget;
    (2) The type of the recipient's operation, including the composition 
and structure of the recipient's work force; and
    (3) The nature and cost of the accommodation needed.
    (d) A recipient may not deny an employment opportunity to a 
qualified handicapped employee or applicant if the basis for the denial 
is the need to make reasonable accommodation to the physical or mental 
limitations of the employee or applicant.



Sec. 101-8.307  Employment criteria.

    (a) A recipient may not use an employment test or other selection 
criterion that screens out or tends to screen out handicapped persons 
unless the test score or other selection criterion, as used by the 
recipient, is shown to be job-related for the position in question.
    (b) A recipient shall ensure that employment tests are adapted for 
use by persons who have handicaps that impair sensory, manual, or 
speaking skills except where those skills are the factors that the test 
purports to measure.



Sec. 101-8.308  Preemployment inquiries.

    (a) Except as provided in paragraphs (b) and (c) of this section, a 
recipient may not conduct a preemployment medical examination or may not 
make preemployment inquiries of an applicant as to whether the applicant 
is a handicapped person or as to the nature or severity of a handicap. A 
recipient may, however, make preemployment inquiries into an applicant's 
ability to perform job-related functions.
    (b) When a recipient is taking remedial action to correct the 
effects of past discrimination, or is taking voluntary action to 
overcome the effects of conditions that resulted in limited 
participation in its federally assisted program or activity, or when a 
recipient is taking affirmative action under section 503 of the 
Rehabilitation Act of 1973, as amended, the recipient may invite 
applicants for employment to indicate whether, and to what extent, they 
are handicapped provided that:
    (1) The recipient states clearly on any written questionnaire used 
for this purpose or makes clear orally, if no written questionnaire is 
used, that the information requested is intended for use solely in 
connection with its remedial action obligations or its voluntary or 
affirmative action efforts; and
    (2) The recipient states clearly that the information is requested 
on a voluntary basis, that it will be kept confidential as provided in 
paragraph (d) of this section, that refusal to provide it will not 
subject the applicant or employee to any adverse treatment, and that it 
will be used only in accordance with this subpart.
    (c) This section does not prohibit a recipient from conditioning an 
offer of employment on the results of a medical examination conducted 
prior to the employee's entrance on duty provided that all entering 
employees are

[[Page 78]]

subjected to the examination regardless of handicap or absence of 
handicap and results of the examination are used only in accordance with 
the requirements of this subpart.
    (d) Information obtained in accordance with this section concerning 
the medical condition or history of the applicant shall be collected and 
maintained on separate forms that are to be accorded confidentiality as 
medical records, except that:
    (1) Supervisors and managers may be informed of restrictions on the 
work or duties of handicapped persons and of necessary accommodations;
    (2) First aid and safety personnel may be informed, where 
appropriate, if the condition might require emergency treatment; and
    (3) Government officials investigating compliance with section 504 
of the Rehabilitation Act of 1973, as amended, shall be provided 
relevant information upon request.



Sec. 101-8.309  Program accessibility.

    (a) General. No handicapped person shall, because a recipient's 
facilities are inaccessible to or unusable by handicapped persons, be 
denied the benefits of, be excluded from participation in, or be 
subjected to discrimination under any program or activity that receives 
or benefits from Federal assistance from GSA.
    (b) Program accessibility. A recipient shall operate any program or 
activity to which this subpart applies so that the program or activity, 
when viewed in its entirety, is readily accessible to and usable by 
handicapped persons. This paragraph does not require a recipient to make 
each of its existing facilities or every part of a facility accessible 
to and usable by handicapped persons.
    (c) Methods. A recipient may comply with the requirement of 
paragraph (a) of this section through such means as acquisition or 
redesign of equipment, such as telecommunications devices or other 
telephonic devices for the hearing impaired; reassignment of classes or 
other services to alternate sites which have accessible buildings; 
assignment of aides to beneficiaries, such as readers for the blind or 
qualified sign language interpreters for the hearing impaired when 
appropriate; home visits; delivery of health, welfare, or other social 
services at alternate accessible sites; alterations of existing 
facilities and construction of new facilities in conformance with the 
requirements of Sec. 101-8.310; or any other methods that result in 
making its program or activity accessible to handicapped persons. A 
recipient is not required to make structural changes in existing 
facilities where other methods are effective in achieving compliance 
with paragraph (a) of this section. In choosing among available methods 
for meeting the requirement of paragraph (a) of this section, a 
recipient shall give priority to those methods that offer programs and 
activities to handicapped persons in the most integrated setting 
appropriate.
    (d) Small service providers. If a recipient with fewer than 15 
employees finds, after consultation with a handicapped person seeking 
its services, that there is no available method of complying with 
paragraph (a) of this section other than making a significant alteration 
in its existing facilities, the recipient may, as an alternative, refer 
the handicapped person to other providers of those services that are 
accessible at no additional cost to the handicapped person.
    (e) Time period. A recipient shall comply with the requirement of 
paragraph (a) of this section within 60 days of the effective date of 
this subpart, except that where structural changes in facilities are 
necessary, the changes are to be made as expeditiously as possible, but 
in no event later than 3 years after the effective date of this subpart.
    (f) Transition plan. In the event that structural changes to 
facilities are necessary to meet the requirements of paragraph (a) of 
this section, a recipient shall develop, within 6 months of the 
effective date of this subpart, a transition plan setting forth the 
steps necessary to complete the changes. The plan shall be developed 
with the assistance of interested persons, including handicapped persons 
or organizations representing handicapped persons, and the plan must 
meet with the approval of the Director of Civil Rights, GSA. A copy of 
the transition plan shall be

[[Page 79]]

made available for public inspection. At a minimum, the plan shall:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility to and usability by handicapped persons of its 
program or activity;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
full program accessibility and, if the time period or the transition 
plan is longer than 1 year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the person responsible for implementation of the plan.
    (g) Notice. The recipient shall adopt and implement procedures to 
ensure that interested persons, including persons with impaired vision 
or hearing, can obtain information concerning the existence and location 
of services, activities, and facilities that are accessible to, and 
usable by, handicapped persons.



Sec. 101-8.310  New construction.

    (a) Design and construction. Each facility or part of a facility 
constructed by, on behalf of, or for the use of a recipient shall be 
designed and constructed in a manner that the facility or part of the 
facility is readily accessible to, and usable by, handicapped persons, 
if the construction began after the effective date of this subpart.
    (b) Alteration. Each facility or part of a facility which is altered 
by, on behalf of, or for the use of a recipient after the effective date 
of this subpart in a manner that affects or could affect the usability 
of the facility or part of the facility shall, to the maximum extent 
feasible, be altered in a manner that the altered portion of the 
facility is readily accessible to and usable by handicapped persons.
    (c) GSA Accessibility Standard. Design, construction, or alteration 
of facilities shall be in conformance with the ``GSA Accessibility 
Standard,'' PBS (PCD): DG6, October 14, 1980. A copy of the standard can 
be obtained through the Business Service Centers, General Services 
Administration, National Capital Region, 7th and D Streets, SW., 
Washington, DC 20407 or Regional Business Service Centers, Region 1, 
John W. McCormack, Post Office and Courthouse, Boston, Massachusetts 
02109; Region 2, 26 Federal Plaza, New York, New York 10007; Region 3, 
Ninth and Market Streets, Philadelphia, Pennsylvania 19107; Region 4, 75 
Spring Street, SW., Atlanta, Georgia 30303; Region 5, 230 South 
Dearborn, Chicago, Illinois 60604; Region 6, 1500 East Bannister Road, 
Kansas City, Missouri 64131; Region 7, 819 Taylor Street, Fort Worth, 
Texas 76102; Region 8, Building 41, Denver Federal Center, Denver, 
Colorado 80225; Region 9, 525 Market Street, San Francisco, California 
94105; Region 10, GSA Center, Auburn, Washington 98002.

In cases of practical difficulty, unnecessary hardship, or extreme 
differences, exceptions may be granted from the literal requirements of 
the above-mentioned standard, as defined in Secs. 101-19.604 and 101-
19.605 (``Exceptions'' and ``Waiver or modification of standards''), but 
only when it is clearly evident that equal facilitation and protection 
are thereby secured.



Sec. 101-8.311  Historic preservation programs.

    (a) Definitions. For purposes of this section, the term:
    (1) Historic preservation programs means programs receiving Federal 
financial assistance that has preservation of historic properties as a 
primary purpose.
    (2) Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places.
    (3) Substantial impairment means a permanent alteration that results 
in a significant loss of the integrity of finished materials, design 
quality or special character.
    (b) Obligation--(1) Program accessibility. In the case of historic 
preservation programs, program accessibility means that, when viewed in 
its entirety, a program is readily accessible to and usable by 
handicapped persons.

This paragraph does not necessarily require a recipient to make each of 
its existing historic properties or every part of an historic property 
accessible to and usable by handicapped persons.

[[Page 80]]

Methods of achieving program accessibility include:
    (i) Making physical alterations which enable handicapped persons to 
have access to otherwise inaccessible areas or features of historic 
properties;
    (ii) Using audio-visual materials and devices to depict otherwise 
inaccessible areas or features of historic properties;
    (iii) Assigning persons to guide handicapped persons into or through 
otherwise inaccessible portions of historic properties;
    (iv) Adopting other innovative methods to achieve program 
accessibility.

Because the primary benefit of an historic preservation program is the 
experience of the historic property itself, in taking steps to achieve 
program accessibility, recipients shall give priority to those means 
which make the historic property, or portions thereof, physically 
accessible to handicapped individuals.
    (2) Waiver of accessibility standards. Where program accessibility 
cannot be achieved without causing a substantial impairment of 
significant historic features, the Administrator may grant a waiver of 
the program accessibility requirement. In determining whether program 
accessibility can be achieved without causing a substantial impairment, 
the Administrator shall consider the following factors:
    (i) Scale of property, reflecting its ability to absorb alterations;
    (ii) Use of the property, whether primarily for public or private 
purpose;
    (iii) Importance of the historic features of the property to the 
conduct of the program; and
    (iv) Cost of alterations in comparison to the increase in 
accessibility.

The Administrator shall periodically review any waiver granted under 
this section and may withdraw it if technological advances or other 
changes so warrant.
    (c) Advisory Council comments. Where the property is federally owned 
or where Federal funds may be used for alterations, the comments of the 
Advisory Council on Historic Preservation shall be obtained when 
required by section 106 of the National Historic Preservation Act of 
1966, as amended (16 U.S.C. 470), and 36 CFR part 800, prior to 
effectuation of structural alterations.



Sec. 101-8.312  Procedures.

    The procedural provisions of title VI of the Civil Rights Act of 
1964 are adopted and stated in Secs. 101-6.205-101-6.215 and apply to 
this subpart. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).)



Sec. 101-8.313  Self-evaluation.

    (a) Procedures. Each recipient shall, within one year of the 
effective date of this part:
    (1) Whenever possible, evaluate, with the assistance of interested 
persons, including handicapped persons or organizations representing 
handicapped persons, its current policies and practices and the effects 
thereof that do not or may not meet the requirements of this part;
    (2) Modify any policies and practices which do not or may not meet 
the requirements of this part; and
    (3) Take appropriate remedial steps to eliminate the effects of 
discrimination which resulted or may have resulted from adherence to 
these questionable policies and practices.
    (b) Availability of self-evaluation and related materials. 
Recipients shall maintain on file, for at least three years following 
its completion, the evaluation required under paragraph (a) of this 
section, and shall provide to the Director, upon request, a description 
of any modifications made under paragraph (a)(2) of this section and of 
any remedial steps taken under paragraph (a)(3) of this section.

Subparts 101-8.4--101-8.6  [Reserved]



     Subpart 101-8.7--Discrimination Prohibited on the Basis of Age

    Authority: 42 U.S.C. 6101 et seq.

    Source: 50 FR 23412, June 4, 1985, unless otherwise noted.



Sec. 101-8.700  Purpose of the Age Discrimination Act of 1975.

    The Age Discrimination Act of 1975, as amended, prohibits 
discrimination

[[Page 81]]

on the basis of age in programs or activities receiving Federal 
financial assistance.



Sec. 101-8.701  Scope of General Services Administration's age discrimination regulation.

    This regulation sets out General Services Administration's (GSA) 
policies and procedures under the Age Discrimination Act of 1975, as 
amended, in accordance with 45 CFR part 90. The Act and the Federal 
regulation permits Federal financial assistance programs and activities 
to continue to use certain age distinctions and factors other than age 
which meet the requirements of the Act and its implementing regulations.



Sec. 101-8.702  Applicability.

    (a) The regulation applies to each GSA recipient and to each program 
or activity operated by the recipient that benefits from GSA Federal 
financial assistance.
    (b) The regulations does not apply to:
    (1) An age distinction contained in that part of Federal, State, 
local statute or ordinance adopted by an elected, general purpose 
legislative body that:
    (i) Provides any benefits or assistance to persons based on age;
    (ii) Establishes criteria for participation in age-related terms; or
    (iii) Describes intended beneficiaries or target groups in age-
related terms.
    (2) Any employment practice of any employer, employment agency, 
labor organization or any labor-management apprenticeship training 
program, except for any program or activity receiving Federal financial 
assistance for public service employment under the Comprehensive 
Employment and Training Act (CETA) (29 U.S.C. 801 et seq.).



Sec. 101-8.703  Definitions of terms.

    (a) As used in these regulations, the term: Act means the Age 
Discrimination Act of 1975, as amended (title III of Pub. L. 94-135).
    (b) Action means any act, activity, policy, rule, standard, or 
method of administration.
    (c) Age means how old a person is, or the number of years from the 
date of a person's birth.
    (d) Age distinction means any action using age or an age-related 
term.
    (e) Age-related term means a word or words that imply a particular 
age or range or ages (for example, children, adult, older person, but 
not student).
    (f) Agency means a Federal department or agency empowered to extend 
Federal financial assistance.
    (g) Agency Responsible Officials:
    (1) Administrator means the Administrator of General Services.
    (2) Director, Office of Civil Rights means the individual 
responsible for managing the agency's nondiscrimination Federal 
financial assistance program, or his or her designee.
    (h) Federal financial assistance means (1) grants and loans of 
Federal funds, (2) the grant or donation of Federal property and 
interests in property, (3) the services of Federal personnel, (4) the 
sale and lease of, and the permission to use (on other than a casual or 
transient basis), Federal property or any interest in such property 
without consideration or at a nominal consideration, or at a 
consideration which is reduced for the purposes of assisting the 
recipient, or in recognition of the public interest to be served by such 
sale or lease to the recipient, and (5) any Federal agreement, 
arrangement, or other contract which has as one of its purposes the 
provision of assistance.
    (i) GSA means the United States General Services Administration.
    (j) Primary recipient means any recipient which is authorized or 
required to extend Federal financial assistance to another recipient for 
the purpose of carrying out a program.
    (k) Recipient means any State, political subdivision of any State, 
or instrumentality of any State or political subdivision, any public or 
private agency, institution, or organization, or any other entity, or 
any individual, in any State, to whom Federal financial assistance is 
extended, directly or through another recipient, for any program, 
including any successor, assign, or transferee thereof, but such term 
does not include any ultimate beneficiary under any such program.

[[Page 82]]



Sec. 101-8.704  Rules against age discrimination.

    The rules stated in this section are limited by the exceptions 
contained in Sec. 101-8.706 of this regulation
    (a) General rule. No person in the United States may on the basis of 
age, be excluded from participation, be denied the benefits of, or be 
subjected to discrimination under any program or activity receiving 
Federal financial assistance from GSA.
    (b) Specific rules. A recipient may not, in any program or activity 
receiving Federal financial assistance, directly or through contractual 
licensing, or other arrangement, use age distinctions or take any other 
actions that have the effect on the basis of age, of:
    (1) Excluding individuals from participating in, denying them the 
benefits of, or subjecting them to discrimination under a program or 
activity receiving Federal financial assistance; or
    (2) Denying or limiting individual opportunity to participate in any 
program or activity receiving Federal financial assistance.
    (c) The forms of age discrimination listed in paragraph (b) of this 
section are not necessarily a complete list.



Sec. 101-8.705  Definition of normal operation and statutory objective.

    The terms normal operation and statutory objective are defined as 
follows:
    (a) Normal operation means the operation of a program or activity 
without significant changes that would inhibit meeting objectives.
    (b) Statutory objective means any purpose of a program or activity 
expressly stated in any Federal, State, or local statute or ordinance 
adopted by an elected, general purpose legislative body.



Sec. 101-8.706  Exceptions to the rules against age discrimination.



Sec. 101-8.706-1  Normal operation or statutory objective of any program or activity.

    A recipient is permitted to take an action, otherwise prohibited, if 
the action reasonably takes into account age as a factor necessary to 
the normal operation or achievement of any statutory objective of a 
program or activity. An action reasonably takes into account age as a 
factor if:
    (a) Age is used as a measure or approximation of one or more other 
characteristics; and
    (b) The other characteristic must be measured or approximated for 
the normal operation of the program or activity to continue, or to 
achieve any statutory objective of the program or activity; and
    (c) The other characteristic can be reasonably measured or 
approximated by the use of age; and
    (d) The other characteristic is impractical to measure directly on 
an individual basis.



Sec. 101-8.706-2  Reasonable factors other than age.

    (a) A recipient is permitted to take an action, otherwise prohibited 
by Sec. 101-8.706-1, which is based on something other than age, even 
though the action may have a disproportionate effect on persons of 
different ages.
    (b) An action may be based on a factor other than age only if the 
factor bears a direct and substantial correlation to the normal 
operation of the program or activity or to the achievement of a 
statutory objective.



Sec. 101-8.707  Burden of proof.

    The burden of proving that an age distinction or other action falls 
within the exceptions outlined in Sec. 101-8.706 is the recipient's.



Sec. 101-8.708  Affirmative action by recipient.

    Even in the absence of a finding of age discrimination, a recipient 
may take affirmative action to overcome the effects resulting in limited 
participation in the recipient's program or activity.



Sec. 101-8.709  Special benefits for children and the elderly.

    If a recipient's program provides special benefits to the elderly or 
to children, such use of age distinctions is presumed to be necessary to 
the normal operation of the program, notwithstanding the provisions of 
Sec. 101-8.705.

[[Page 83]]



Sec. 101-8.710  Age distinctions contained in General Services Administration regulation.

    Any age distinctions contained in a rule or regulation issued by GSA 
are presumed to be necessary to the achievement of a statutory objective 
of the program to which the rule or regulation applies. The GSA 
regulation 41 CFR 101-44.207(a) (3) through (27), describes specific 
Federal financial assistance programs which provide assistance to all 
age groups. However, the ``Child Care Center'' program servicing 
children through age 14, and ``Programs for Older Individuals'', are the 
only two programs where age distinctions are provided.



Sec. 101-8.711  General responsibilities.

    Each recipient of Federal financial assistance from GSA is 
responsible for ensuring that its programs and activities comply with 
the Act and this regulation and must take steps to eliminate violations 
of the Act. A recipient is also responsible for maintaining records, 
providing information, and affording GSA access to its records to the 
extent GSA finds necessary to determine whether the recipient is 
complying with the Act and this regulation.



Sec. 101-8.712  Notice to subrecipients and beneficiaries.

    (a) If a primary recipient passes on Federal financial assistance 
from GSA to subrecipients, the primary recipient provides to 
subrecipients, written notice of their obligations under the Act and 
this regulation.
    (b) Each recipient makes necessary information about the Act and 
this regulation available to its program beneficiaries to inform them 
about the protections against discrimination provided by the Act and 
this regulation.



Sec. 101-8.713  Assurance of compliance and recipient assessment of age distinctions.

    (a) Each recipient of Federal financial assistance from GSA signs a 
written assurance as specified by GSA that it intends to comply with the 
Act and this regulation.
    (b) Recipient assessment of age distinctions.
    (1) As part of a compliance review under Sec. 101-8.715 or complaint 
investigation under Sec. 101.8.718, GSA may require a recipient 
employing the equivalent of 15 or more employees to complete a written 
self-evaluation of any age distinction imposed in its program or 
activity receiving Federal financial assistance from GSA to assess the 
recipient's compliance with the Act.
    (2) If an assessment indicates a violation of the Act and the GSA 
regulation, the recipient takes corrective action.



Sec. 101-8.714  Information requirements.

    Each recipient must:
    (a) Keep records in a form and containing information that GSA 
determines necessary to ensure that the recipient is complying with the 
Act and this regulation.
    (b) Provide to GSA upon request, information and reports that GSA 
determines necessary to find out whether the recipient is complying with 
the Act and this regulation.
    (c) Permit reasonable access by GSA to books, records, accounts, 
facilities, and other sources of information to the extent GSA finds it 
necessary to find out whether the recipient is complying with the Act 
and this regulation. GSA adopts HHS policy regarding the kinds of data 
and information recipients are expected to keep (45 CFR 90.34). This 
policy is parallel to compliance information sections in the title VI, 
title IX, and section 504 implementation regulations. While recognizing 
the need for enough data to assess recipient compliance, GSA is 
committed to lessening the data gathering burden on recipients. GSA 
further recognizes that there is no established body of knowledge or 
experience to guide the assessment of age discrimination. This 
regulation, therefore, does not impose specific data requirements upon 
recipients, rather, it allows GSA to be flexible in deciding what kinds 
of data should be kept by recipients, based on what kinds of data prove 
useful as GSA gains experience with the Age Discrimination Act, and age 
discrimination issues become clearer.
    (d) In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 
59-511),

[[Page 84]]

the reporting and record keeping provisions included in this regulation 
will be submitted, for approval, to the Office of Management and Budget 
(OMB). No data collection or record keeping requirement will be imposed 
on recipients or donees without the required OMB approval number.



Sec. 101-8.715  Compliance reviews.

    (a) GSA may conduct compliance reviews and use similar procedures to 
investigate and correct violations of the Act and this regulation. GSA 
may conduct the reviews even in the absence of a complaint against a 
recipient. The reviews may be as comprehensive as necessary to determine 
whether a violation of the Act and this regulation has occurred.
    (b) If a compliance review indicates a violation of the Act or this 
regulation, GSA attempts to achieve voluntary compliance with the Act. 
If compliance cannot be achieved, GSA arranges for enforcement as 
described in Sec. 101-8.720.



Sec. 101-8.716  Complaints.

    (a) Any person, individually or as a member of a class (defined at 
Sec. 101-8.703(e)) or on behalf of others, may file a complaint with GSA 
alleging discrimination prohibited by the Act or this regulation based 
on an action occurring after July 1, 1979. A complainant must file a 
complaint within 80 days from the date the complainant first has 
knowledge of the alleged act of discrimination. However, for good cause 
shown, GSA may extend this time limit.
    (b) GSA considers the date a complaint is filed to be the date upon 
which the complaint is sufficient to be processed.
    (c) GSA attempts to facilitate the filing of complaints if possible, 
including taking the following measures:
    (1) Accepting as a sufficient complaint, any written statement that 
identifies the parties involved and the date the complainant first had 
knowledge of the alleged violation, describes the action or practice 
complained of, and is signed by the complainant;
    (2) Freely permitting a complainant to add information to the 
complaint to meet the requirements of a sufficient complaint;
    (3) Notifying the complainant and the recipient (or their 
representative) of their right to contact GSA for information and 
assistance regarding the complaint resolution process.
    (d) GSA returns to the complainant any complaint outside the 
jurisdiction of this regulation, and states the reason(s) why it is 
outside the jurisdiction of the regulation.



Sec. 101-8.717  Mediation.

    (a) GSA promptly refers to the mediation agency designated by the 
Secretary, HHS, all sufficient complaints that:
    (1) Fall within the jurisdiction of the Act and this regulation, 
unless the age distinction complained of is clearly within an exception; 
and
    (2) Contain the information needed for further processing.
    (b) Both the complainant and the recipient must participate in the 
mediation process to the extent necessary to reach an agreement or make 
an informed judgement that an agreement is not possible. Both parties 
need not meet with the mediator at the same time.
    (c) If the complainant and the recipient agree, the mediator will 
prepare a written statement of the agreement and have the complainant 
and the recipient sign it. The mediator must send a copy of the 
agreement to GSA. GSA takes no further action on the complaint unless 
the complainant or the recipient fails to comply with the agreement.
    (d) The mediator must protect the confidentiality of all information 
obtained in the course of the mediation. No mediator may testify in any 
adjudicative proceeding, produce any document, or otherwise disclose any 
information obtained in the course of the mediation process without 
prior approval of the head of the mediation agency.
    (e) The mediation proceeds for a maximum of 60 calendar days after a 
complaint is filed with GSA. Mediation ends if:
    (1) 60 calendar days elapse from the time the complaint is filed; or
    (2) Before the end of the 60 calendar-day period an agreement is 
reached; or

[[Page 85]]

    (3) Before the end of that 60 calendar-day period, the mediator 
finds that an agreement cannot be reached.
    Note: The 60 calendar day period may be extended by the mediator, 
with the concurrence of GSA, for not more than 30 calendar days if the 
mediator determines that agreement is likely to be reached during the 
extension period.
    (f) The mediator must return unresolved complaints to GSA.



Sec. 101-8.718  Investigation.

    (a) Informal investigation. GSA investigates complaints that are 
unresolved after mediation or are reopened because of a violation of a 
mediation agreement. As part of the initial investigation, GSA uses 
informal factfinding methods, including joint or separate discussions 
with the complainant and the recipient, to establish the fact and, if 
possible, settle the complaint on terms that are mutually agreeable to 
the parties. GSA may seek the assistance of any involved State program 
agency. GSA puts any agreement in writing and has it signed by the 
parties and an authorized official designated by the Administrator or 
the Director, Office of Organization and Personnel. The settlement may 
not affect the operation of any other enforcement efforts of GSA, 
including compliance reviews and investigation of other complaints that 
may involve the recipient. The settlement is not a finding of 
discrimination against a recipient.
    (b) Formal investigation. If GSA cannot resolve the complaint 
through informal investigation, it begins to develop formal findings 
through further investigation of the complaint. If the investigation 
indicates a violation of these regulations, GSA attempts to obtain 
voluntary compliance. If GSA cannot obtain voluntary compliance, it 
begins enforcement as described in Sec. 101-8.720.



Sec. 101-8.719  Prohibition against intimidation or retaliation.

    A recipient may not engage in acts of intimidation or retaliation 
against any person who:
    (a) Attempts to assert a right protected by the Act of this 
regulation; or
    (b) Cooperates in any mediation, investigation, hearing, 
conciliation, and enforcement process.



Sec. 101-8.720  Compliance procedure.

    (a) GSA may enforce the Act and these regulations through:
    (1) Termination of a recipient's Federal financial assistance from 
GSA under the program or activity involved where the recipient has 
violated the Act or this regulation. The determination of the 
recipient's violation may be made only after a recipient has had an 
opportunity for a hearing on the record before an administrative law 
judge.
    (2) Any other means authorized by law including, but not limited to:
    (i) Referral to the Department of Justice for proceeding to enforce 
any rights of the United States or obligations of the recipients created 
by the Act or this regulation, or
    (ii) Use of any requirement of or referral to any Federal, State, or 
local government agency that has the effect of correcting a violation of 
the Act or this regulation.
    (b) GSA limits any termination to the particular recipient and 
program or activity or part of such program and activity GSA finds in 
violation of this regulation. GSA does not base any part of a 
termination on a finding with respect to any program or activity of the 
recipient that does not receive Federal financial assistance from GSA.
    (c) GSA takes no action under paragraph (a) until:
    (1) The administrator advises the recipient of its failure to comply 
with the Act and this regulation and determines that voluntary 
compliance cannot be obtained, and
    (2) 30 calendar days elapse after the Administrator sends a written 
report of the grounds of the action to the committees of Congress having 
legislative jurisdiction over the Federal program or activity involved. 
The Administrator files a report if any action is taken under paragraph 
(a) of this section .
    (d) GSA may also defer granting new Federal financial assistance 
from GSA to a recipient when a hearing under Sec. 101-8.721 is 
initiated.
    (1) New Federal financial assistance from GSA includes all 
assistance for which GSA requires an application or

[[Page 86]]

approval, including renewal or continuation of existing activities, or 
authorization of new activities, during the deferral period. New Federal 
financial assistance from GSA does not include assistance approved 
before the beginning of a hearing.
    (2) GSA does not begin a deferral until the recipient receives 
notice of an opportunity for a hearing under Sec. 101-8.721. GSA does 
not continue a deferral for more than 60 calendar days unless a hearing 
begins within that time or the time for beginning the hearing is 
extended by mutual consent of the recipient and the Administrator. GSA 
does not continue a deferral for more than 30 calendar days after the 
close of the hearing, unless the hearing results in a finding against 
the recipient.
    (3) GSA limits any deferral to the particular recipient and program 
or activity or part of such program or activity GSA finds in violation 
of these regulations. GSA does not base any part of a deferral on a 
finding with respect to any program or activity of the recipient which 
does not, and would not, receive Federal financial assistance from GSA.



Sec. 101-8.721  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required, reasonable notice shall be given by registered or certified 
mail, return receipt requested, to the affected applicant or recipient. 
This notice shall advise the applicant or recipient of the action 
proposed to be taken, the specific provision under which the proposed 
action against it is to be taken, and the matters of fact or law 
asserted as the basis for this action; and either fix a date not less 
than 20 days after the date of such notice within which the applicant or 
recipient may request of the responsible GSA official that the matter be 
scheduled for hearing or advise the applicant or recipient that the 
matter in question has been set down for hearing at a stated place and 
time. The time and place so fixed shall be reasonable and shall be 
subject to change for cause. The complainant, if any, shall be advised 
of the time and place of the hearing. An applicant or recipient may 
waive a hearing and submit written information and argument for the 
record. The failure of an applicant or recipient to request a hearing 
for which a data has been set shall be deemed to be a waiver of the 
right to a hearing under section 602 of the Act, and consent to the 
making of a decision on the basis of such information as may be filed as 
the record.
    (b) Time and place of hearing. Hearings shall be held at GSA in 
Washington, D.C., at a time fixed by the Director, Office of Civil 
Rights (OCR), unless he or she determines that the convenience of the 
applicant or recipient or of GSA requires that another place be 
selected. Hearings shall be held before a hearing examiner designated in 
accordance with 5 U.S.C. 3105 and 3344 (section 11 of the Administrative 
Procedure Act).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and GSA shall have the right to be represented by 
counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, and 
any administrative review thereof shall be conducted in conformity with 
sections 5-8 of the Administrative Procedure Act, and in accordance with 
such rules of procedure as are proper (and not inconsistent with this 
section) relating to the conduct of the hearing, giving of notices 
subsequent to those provided for in paragraph (a) of this section, 
taking of testimony, exhibits, arguments and briefs, requests for 
findings, and other related matters. Both GSA and the applicant or 
recipient shall be entitled to introduce all relevent evidence on the 
issues as stated in the notice for hearing or as determined by the 
Officer conducting the hearing at the outset of or during the hearings. 
Any person (other than a Government employee considered to be on 
official business) who, having been invited or requested to appear and 
testify as a witness on the Government's behalf, attends at a time and 
place scheduled for a hearing provided for by this part, may be 
reimbursed for his travel and actual expenses of attendance in an amount 
not to exceed the amount payable under the standardized travel 
regulations to a Government employee traveling on official business.

[[Page 87]]

    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this part, but rules or principles designed to 
assure production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary by the officer conducting the hearing. The hearing officer may 
exclude irrelevant, immaterial, or unduly repetitious evidence. All 
documents and other evidence offered or taken for the record shall be 
open to examination by the parties and opportunity shall be given to 
refute facts and arguments advances on either side of the issues. A 
transcript shall be made of the oral evidence except to the extent the 
substance thereof is stipulated for the record. All decisions shall be 
based upon the hearing record and written findings shall be made.
    (e) Consolidated of Joint Hearings. In cases in which the the same 
or related facts are asserted to constitute non-compliance with this 
regulation with respect to two or more programs to which this part 
applies, or noncompliance with this part, and the regulations of one or 
more other Federal departments or agencies issued under title VI of the 
Act, the responsible GSA official may, by agreement with such other 
departments or agencies where applicable, provide for the conduct of 
consolidated or joint hearings, and for the application to such hearings 
of rules of procedures not inconsistent with this part. Final decisions 
in such cases, insofar as this regulation is concerned, shall be made in 
accordance with Sec. 101-8.722.



Sec. 101-8.722  Decisions and notices.

    (a) Decisions by hearing examiners. After a hearing is held by a 
hearing examiner such hearing examiner shall either make an initial 
decision, if so authorized, or certify the entire record including his 
recommended findings and proposed decision to the Agency designated 
reviewing authority for final decision. A copy of such initial decision 
or certification shall be mailed to the applicant or recipient and to 
the complainant, if any. Where the initial decision referred to in this 
paragraph or in paragraph (c) of this section is made by the hearing 
examiner, the applicant or recipient or the counsel for GSA may, within 
the period provided for in the rules of procedure issued by GSA 
official, file with the reviewing authority exceptions to the initial 
decision, with his or her reasons therefore. Upon the filing of such 
exceptions the reviewing authority shall review the initial decision and 
issue a decision including the reasons therefor. In the absence of 
exceptions the initial decision shall constitute the final decision, 
subject to the provisions of paragraph (e) of this section.
    (b) Decisions on record or review by the reviewing authority. 
Whenever a record is certified to the reviewing authority for decision 
or it reviews the decision of a hearing examiner pursuant to paragraph 
(a) or (c) of this section, the applicant or recipient shall be given 
reasonable opportunity to file with it briefs or other written 
statements of its contentions, and a copy of the final decision of the 
reviewing authority shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 101-8.721(a) the reviewing authority 
shall make its final decision on the record or refer the matter to a 
hearing examiner for an initial decision to be made on the record. A 
copy of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing examiner or 
reviewing authority shall set forth a ruling on each findings, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to this part with which it is 
found that the applicant or recipient has failed to comply.
    (e) Review in certain cases by the Administrator. If the 
Administrator has not personally made the final decision referred to in 
paragraph (a), (b), or (c) of this section, a recipient or applicant or 
the counsel for GSA may request the Administrator to review a decision 
of the Reviewing Authority in accordance with rules of procedure issued 
by the responsible GSA official. Such review is not a matter of right 
and shall be granted only where the Administrator

[[Page 88]]

determines there are special and important reasons therefor. The 
Administrator may grant or deny such request, in whole or in part. He or 
she may also review such a decision in accordance with rules of 
procedure issued by the responsible GSA official. In the absence of a 
review under this paragraph, a final decision referred to in paragraphs 
(a), (b), (c) of this section shall become the final decision of GSA 
when the Administrator transmits it as such to Congressional committees 
with the report required under section 602 of the Act. Failure of an 
applicant or recipient to file an exception with the Reviewing Authority 
or to request review under this paragraph shall not be deemed a failure 
to exhaust administrative remedies for the purpose of obtaining judicial 
review.
    (f) Content of orders. The final decision may provide for suspension 
or termination of, or refusal to grant or continue Federal financial 
assistance, in whole or in part, to which this regulation applies, and 
may contain such terms, conditions and other provisions as are 
consistent with and will effectuate the purposes of the Act and this 
regulation, including provisions designed to assure that no Federal 
financial assistance to which this regulation applies will thereafter be 
extended under such law or laws to the applicant or recipient determined 
by such decision to be in default in its performance of an assurance 
given by it pursuant to this regulation, or to have otherwise failed to 
comply with this regulation unless and until it corrects its 
noncompliance and satisfies the responsible GSA official that it will 
fully comply with this regulation.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
this part and provides reasonable assurance that is will fully comply 
with this part.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the responsible GSA official to restore fully its eligibility to 
receive Federal financial assistance. Any such request shall be 
supported by information showing that the applicant or recipient has met 
the requirements of paragraph (g)(1) of this section. If the responsible 
GSA official determines that those requirements have been satisfied, he 
or she shall restore such eligibility.
    (3) If the responsible GSA official denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It shall 
thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the responsible 
GSA official. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph are pending, the sanctions imposed by the order 
issued under paragraph (f) of this section shall remain in effect.



Sec. 101-8.723  Remedial action by recipient.

    If GSA finds a recipient discriminated on the basis of age, the 
recipient must take any remedial action that GSA may require to overcome 
the effects of the discrimination. If another recipient exercises 
control over the recipient that discriminated, GSA may require both 
recipients to take remedial action.



Sec. 101-8.724  Exhaustion of administrative remedies.

    (a) A complainant may file a civil action following the exhaustion 
of administrative remedies under the Act. Administrative remedies are 
exhausted if:
    (1) 180 calendar days elapse after the complainant files the 
complaint and GSA makes no finding with regard to the complaint; or
    (2) GSA Issues a finding in favor of the recipient.
    (b) If GSA fails to make a finding within 180 days or issues a 
finding in favor of the recipient, GSA must:
    (1) Promptly advise the complainant of this fact;

[[Page 89]]

    (2) Advise the complainant of his or her right to bring civil action 
for injunctive relief; and
    (3) Inform the complainant:
    (i) That the complainant may bring civil action only in a United 
States district court for the district in which the recipient is located 
or transacts business;
    (ii) That a complainant prevailing in a civil action has the right 
to be awarded the costs of the action, including reasonable attorney's 
fees, but that the complainant must demand these costs in the complaint;
    (iii) That before commencing the action the complainant must give 30 
calendar days notice by registered mail to the Secretary, HHS, The 
Administrator, the Attorney General of the United States, and the 
recipient;
    (iv) That the notice must state the alleged violation of the Act, 
the relief requested, the court in which the complainant is bringing the 
action, and whether or not attorney's fees are demanded in the event the 
complainant prevails; and
    (v) That the complainant may not bring an action if the same alleged 
violation of the Act by the same recipient is the subject of a pending 
action in any court of the United States.



Sec. 101-8.725  Alternate funds disbursal.

    If GSA withholds Federal financial assistance from a recipient under 
this regulation, the Administrator may disburse the assistance to an 
alternate recipient; any public or nonprofit private organization; or 
agency or State or political subdivision of the State. The Administrator 
requires any alternate recipient to demonstrate:
    (a) The ability to comply with this regulation; and
    (b) The ability to achieve the goals of the Federal Statutes 
authorizing the program or activity.



PART 101-9--FEDERAL MAIL MANAGEMENT--Table of Contents




Sec.
101-9.000  Scope of part.

                   Subpart 101-9.1--General Provisions

101-9.101  Authority.
101-9.102  Objective.
101-9.103  Definitions.

                 Subpart 101-9.2--Program Implementation

101-9.201  Agency responsibilities.
101-9.202  Operational cost control functions at the facility level.

                 Subpart 101-9.3--Reporting Requirements

101-9.301  Agency mail manager information.
101-9.302  Agency mail program data.

Subpart 101-9.4--GSA Responsibilities and Services

                     Subpart 101-9.49--Illustrations

101-9.4900  Scope of subpart.
101-9.4901  [Reserved]
101-9.4902  Format for mail profile data.

Subpart 101-9.5--U.S. Postal Service Assistance

    Authority: Sec. 2, Pub. L. 94-575, as amended; 44 U.S.C. 2904; sec. 
205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 59 FR 62601, Dec. 6, 1994, unless otherwise noted.



Sec. 101-9.000  Scope of part.

    This part sets forth policy for efficient, effective, and economical 
management by Federal agencies of incoming, internal, and outgoing mail.



                   Subpart 101-9.1--General Provisions



Sec. 101-9.101  Authority.

    Section 2 of Public Law 94-575, the Federal Records Management 
Amendments of 1976 (FRMA), as amended, requires the Administrator of 
General Services to provide guidance and assistance to Federal agencies 
on records management, which includes the processing of mail by a 
Federal agency. GSA's responsibility extends to all Federal agencies.



Sec. 101-9.102  Objective.

    The objective of mail management is to ensure rapid handling and 
accurate delivery of mail throughout the agency at minimum cost 
consistent with agency mission requirements.



Sec. 101-9.103  Definitions.

    In part 101-9, the following definitions apply:

[[Page 90]]

    Addressing standards means the rules and regulations governing the 
addressing of mail, developed by the U.S. Postal Service, that enhance 
the processing and delivery of mail, reduce ``undeliverable as 
addressed'' mail, and provide cost reduction opportunities.
    Class of mail means the classes of mail (First-Class, Second-Class, 
Third-Class, Fourth-Class, and Express Mail) established by the U.S. 
Postal Service for U.S. domestic mail.
    Courier means a private delivery company or an individual that works 
for such a company.
    Expedited mail is a generic term used to describe mail to be 
delivered faster than U.S. Postal Service delivery of First, Second, 
Third, and Fourth-Class mail.
    Facility means any location where mail is processed for dispatch.
    Facility mail manager means the persons responsible for mail 
management at a facility.
    Federal agency or agency means any executive department as defined 
in 5 U.S.C. 101, a wholly owned Government corporation as defined in 31 
U.S.C. 9101, any independent establishment in the executive branch as 
defined in 5 U.S.C. 104, any establishment in the legislative or 
judicial branch of the Government (except the Supreme Court, the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under the direction of the Architect of the Capitol).
    Incoming mail means mail coming into the agency delivered by an 
outside source (vendor or agency).
    Internal mail means mail that is transmitted within an agency by 
that agency's mail center staff, including worldwide distribution, and 
is not processed for delivery by the U.S. Postal Service or any private 
company.
    Letter means a message directed to a specific person or address and 
recorded in or on a tangible object. A message consists of any 
information or intelligence which is recorded on tangible objects such 
as paper in sheet and card form, or magnetic media.
    Mail means letters, hard copies of electronic communications, 
memoranda, post and postal cards, documents, drawings, microfiche, 
publications, catalogs and other hard copy communications, as well as 
packages meeting U.S. Postal Service size and weight requirements, for 
distribution or dispatch regardless of the distribution, dispatch, or 
delivery method including messengers and couriers. An item is considered 
mailable if it meets the following requirements set by the U.S. Postal 
Service: a mailable item is an item that will not injure people or 
property, weighs 70 pounds or less, and is not more than 108 inches 
(combined length and girth). Mailability requirements, restrictions, and 
exceptions are found in the U.S. Postal Service's Domestic Mail Manual 
(other mail vendors provide similar written guidance for items sent via 
their delivery services).
    Mail center means a centralized location where mail is processed.
    Mail piece design means preparation of letters, cards, and flats 
consistent with U.S. Postal Service requirements and recommendations.
    Mail preparation means those processes involved in preparing mail 
for dispatch in such a way that it meets U.S. Postal Service 
requirements. These processes include, but are not limited to: sorting, 
barcoding, banding, air control tagging (ACT), designing mail pieces, 
and palletizing.
    Messenger means an agency employee who delivers agency mail.
    Outgoing mail means mail generated from within an agency facility 
that is addressed for delivery outside that facility; i.e., within or 
outside the agency, and is processed for delivery by the U.S. Postal 
Service or a private company.
    Service standard means the dependability (consistency of arrival at 
addressee's location) and timeliness (meets delivery standard 
established for the class of service procured) of mail delivery.
    Special services means services for fees other than postage; e.g., 
registered, certified, insured, business reply mail, merchandise return, 
certificates of mailing, and return receipts.
    Worksharing means presorting, barcoding, or otherwise processing 
outgoing mail in such a way as to qualify for reduced postage rates. 
Agencies may participate in worksharing through contracts with vendors, 
when

[[Page 91]]

authorized by that agency to enter into such contracts, or through in-
house efforts.



                 Subpart 101-9.2--Program Implementation



Sec. 101-9.201  Agency responsibilities.

    The head of each agency, or his or her designee, must designate an 
agency mail manager to be responsible for establishing an agencywide 
mail management program. The agency mail manager must have visibility 
within the agency and be at a managerial level enabling him or her to 
execute an agencywide program. The responsibilities of the agency mail 
manager include:
    (a) Ensuring agencywide awareness and compliance with the mail 
management standards set forth by the U.S. Postal Service in the 
Domestic Mail Manual, the International Mail Manual, the Memo to 
Mailers, and the Postal Bulletin, as well as GSA standards and 
guidelines.
    (b) Negotiating on behalf of the agency with the U.S. Postal Service 
for mail related services and implementing operational procedures for 
services acquired from private delivery vendors and couriers.
    (c) Developing and distributing throughout the agency an agency mail 
cost control program. The agency cost control program must include, in 
addition to written policies regarding actions and procedures necessary 
to provide timely and cost-effective dispatch and delivery of mail, a 
plan for transition to automated mailing procedures, including: 
automated addressing, address list management, and electronic mail. This 
program must include:
    (1) Developing and issuing on an agencywide basis program 
directives, guidance, and policies for timely and cost-effective mail 
management. Copies of program directives, policies, and guidance must be 
available for inspection by GSA. This includes at a minimum:
    (i) Instructing mailers to use expedited mail only when required. 
Mail managers should require that mailers avoid excessive use of 
expedited mail services. Generally, expedited mail should not be used on 
Fridays, weekends, or the day before a holiday. When expedited mail is 
needed on Fridays, weekends, or the day before a holiday, the mail 
manager must coordinate with the mailer to ensure delivery to the 
addressee. For example, if the addressee's building will not be opened 
consider other delivery arrangements. The mail manager must establish 
control procedures including written instructions on cost-effective use 
of expedited mail and must review scheduled expedited mail dispatches to 
determine if expedited service is necessary. If expedited mail is not 
necessary, alternatives to be considered include, but are not limited 
to: First-Class and Priority Mail, from the U.S. Postal Service and 
package delivery services from other vendors, if the agency has the 
authority to contract for or enter into agreements with such vendors and 
in accordance with any existing contracts or agreements for such 
services to which the agency is a party.
    (ii) Maximizing agency cost-effective participation in worksharing 
programs. This includes proper address list management, compliance with 
automation addressing standards, presorting, and barcoding.
    (2) Monitoring through the agency's local mail managers at all mail 
facilities, mailings, and other mail management activities using onsite 
inspections, checklists, or other inspection/review methods.
    (3) Developing and directing agency programs and plans for proper 
use of transportation, equipment, and supply vendors, relative to mail 
management.
    (4) Maintaining records of agencywide volumes (in pieces) and agency 
postage expenditures (in dollars) by class, weight, special services, 
and subclass/rate category of mail. One consolidated report on outgoing 
mail volumes, postage expenditures, and mailable matter dispatched to 
all carriers must be maintained. (Suggested format appears in Sec. 101-
9.4902.)
    (5) Establishing procedures for the review and verification of 
vendor charges including charges contained in the U.S. Postal Service's 
Official Mail Accounting System billings. U.S. Postal Service charges 
and other vendor charges must be reviewed and verified at each facility 
to ensure billing accuracy.

[[Page 92]]

    (6) Ensuring that facility mail managers increase their knowledge 
and skills in mail management on a continuing basis. Training sources 
include, but are not limited to: U.S. Postal Forums, Postal Customer 
Council meetings, and training offered by the GSA Interagency Training 
Center.



Sec. 101-9.202  Operational cost control functions at the facility level.

    The following operations and procedures are applicable to all 
Federal mail centers, facilities, and offices that generate and process 
mail. Each facility must designate a mail manager. The facility mail 
manager is responsible for:
    (a) Reviewing, on a continuing basis, facility mail practices and 
procedures to identify opportunities for improvement and simplification.
    (b) Providing centralized control at each facility of all mail 
processing activities including regularly scheduled and specialized mail 
messenger services, equipment, and personnel.
    (c) Providing training which:
    (1) Informs all levels of facility personnel on cost-effective 
mailing practices for incoming, internal, and outgoing mail.
    (2) Includes supplemental guidance and instruction in a format 
designed for easy reference, revision, and use by persons processing 
incoming, internal, and outgoing mail or using mail messenger 
operations. Such information must be distributed to all persons 
processing mail and users of mail messenger services.
    (d) Establishes a policy of and procedures for participation in the 
Cooperative Administrative Support Unit (CASU) program where applicable 
and when cost-effective. A CASU can typically provide pickup, sorting, 
and dispatch of mail through a CASU-managed mail center.
    (e) Where authorized, contracting for worksharing programs when mail 
volumes or lack of resources for proper mail preparation; e.g., 
presorting and barcoding, make contracting for worksharing the cost-
effective choice. Any solicitation for contracting for a mail center 
must require the contractor to comply with operational procedures of the 
agency mail cost control program.
    (f) Conducting discussions with local U.S. Postal Service for mail 
related services and implementing operational procedures for services 
acquired from mail delivery vendors or couriers.
    (g) Processing mail by class with expedited mail, First-Class, and 
Priority Mail being processed before lower classes of mail.
    (h) Attempting to deliver mail to the action office (the office 
responsible for taking action on the mail once it is received) within 6 
hours after it is received by the agency from the carrier. Every attempt 
should be made to deliver mail to the address or addressee's office; 
however, incoming bulk business rate mail addressed to an individual may 
be discarded if the facility cannot readily ascertain the name or 
whereabouts of the addressee. Incoming First-Class mail that cannot be 
delivered must be returned to the sender, per the U.S. Postal Service's 
Domestic Mail Manual.
    (i) Reporting unauthorized use of agency postage including penalty 
or commercial mail stamps, meter impressions, or other postage indicia 
immediately upon discovery to the agency Inspector General or internal 
security office, as appropriate.
    (j) Reporting mail center deviations from the agency's occupational, 
safety and health program, in accordance with 29 CFR part 1960 and 29 
CFR part 1910.
    (k) Establishing and implementing procedures to ensure that mail 
complies with U.S. Postal Service addressing standards which include 
automated and electronically generated mailing addresses in order to 
eliminate as many handwritten addresses as possible. Compliance includes 
ensuring machine readability, proper formatting, use of directionals (N. 
Main St., 4th St., NW, etc.), and accurate mail preparation for the 
various classes and discount rates and/or for the best possible delivery 
service. The U.S. Postal Service publications (Domestic Mail Manual, 
International Mail Manual, Memo to Mailers, and the Postal Bulletins) 
contain all U.S. Postal Service regulations for proper mail preparation 
and dispatch, and must be utilized

[[Page 93]]

at each location where outgoing mail is processed.
    (l) Establishing and reviewing annually in conjunction with the 
agency security office, a mail security program to ensure appropriate 
security requirements while not creating undue delay in mail processing. 
The mail security program must, at a minimum, detail policy and 
procedures for safe and secure facility operations and for the safe 
transportation and processing of mail.
    (m) Reviewing, prior to the creation of the pieces to be dispatched, 
all mailings which will (i) consist of 200 or more pieces, or (ii) weigh 
50 or more pounds, including mail to be dispatched on behalf of the 
agency by a third party, for example, the Government Printing Office, to 
ensure that the agency's needs are met at the lowest possible cost. Mail 
managers will coordinate with agency printing specialists about the 
mailing portion of contracted printing jobs prior to entering into a 
printing agreement.
    (n) Establishing and publishing the facility's mail delivery and 
pickup times, based on need for service, established through the study 
of mail volumes and service requirements. The facility mail manager's 
goal is to provide service to the facility at the lowest possible cost. 
Consistency in mail pickup and delivery can help achieve the goal.
    (o) Maintaining close liaison with agency correspondence managers 
and providing guidance on correspondence management decisions such as 
the development and design of mailing materials including: Business 
Reply Mail, letterhead, mailing labels, and envelope design.
    (p) Notifying facility personnel that personal incoming, internal, 
and outgoing mail may not be processed in agency facilities. An 
exception may be granted at a facility for personnel living on the 
facility, personnel stationed outside the United States, or other 
situations where agency/facility personnel would otherwise suffer 
hardship.



                 Subpart 101-9.3--Reporting Requirements



Sec. 101-9.301  Agency mail manager information.

    Agencies will provide GSA with the name, title, mailing address, 
voice and fax telephone number (if applicable) of the designated agency 
mail manager (see Sec. 101-9.201), and must update the information as 
necessary. This information will be submitted to GSA as follows: General 
Services Administration, Attn: Mail Management Branch (FBXM), Room 815, 
Washington, DC 20406-0001.



Sec. 101-9.302  Agency mail program data.

    (a) Agencies will maintain data, on mail volumes and postage 
expenditures. This data will conform with the requirements of Sec. 101-
9.201(c)(4) of this part. Maintaining this information is critical for 
agencies to accurately manage their mail programs and to gauge the 
impacts of rates and classification changes.
    (b) Agencies are encouraged to submit narratives, at the end of each 
fiscal year, on cost savings achieved through more efficient mail 
management, especially worksharing efforts. The narratives should 
highlight specific cost savings achieved as a result of mail 
consolidation, presorting, barcoding, use of a more cost-effective class 
of mail, etc. In addition, the narrative should specify whether 
discounts in mail presorting and barcoding are gained through contracts 
with vendors or through in-house worksharing efforts. Submit narratives 
to the GSA address in Sec. 101-9.301.



           Subpart 101-9.4--GSA Responsibilities and Services

    GSA provides agency support in the following areas: arranging for 
extensions of service from the U.S. Postal Service (i.e., enhancements 
of services based on specialized requirements as defined by the Domestic 
Mail Manual); establishing liaisons with U.S. Postal Service at the 
national level; providing

[[Page 94]]

support in developing procedures with mail delivery vendors; providing 
assistance in developing and implementing worksharing programs; 
providing assistance in developing policy and guidance in mail 
management and mail operations; providing onsite assistance visits; 
assisting with mail center layout and design specifications; and 
providing training in mail program management and effective mail 
operations.



             Subpart 101-9.5--U.S. Postal Service Assistance

    The U.S. Postal Service provides agency support in the following 
areas: supplies required for mail processing such as bags, tags, trays, 
hampers, priority envelopes, etc.; guidance on mail processing through 
national account representatives and other U.S. Postal Service personnel 
assigned to assist customers; training such as Postal Customer Councils 
and U.S. Postal Forums; and brochures, booklets, pamphlets, video tapes, 
posters, and other published materials on mail processing, mail classes, 
discount procedures, and current rate structure.



                     Subpart 101-9.49--Illustrations



Sec. 101-9.4900  Scope of subpart.

    This subpart contains illustrations suggested for use in connection 
with the subject matter covered in Part 101-9.



Sec. 101.9-4901  [Reserved]



Sec. 101-9.4902  Format for mail profile data.

[[Page 95]]

[GRAPHIC] [TIFF OMITTED] TR06DE94.023


[[Page 96]]





                        SUBCHAPTER B  [RESERVED]





                     SUBCHAPTER C--DEFENSE MATERIALS




                    PARTS 101-14--101-15  [RESERVED]



                SUBCHAPTER D--PUBLIC BUILDINGS AND SPACE



                         PART 101-16  [RESERVED]



PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE--Table of Contents




    Authority: 40 U.S.C. 285, 304c, 601 et seq., 490 note; E.O. 12072, 
43 FR 36869, 3 CFR, 1978 Comp., p. 213.

    Source: 66 FR 5358, Jan. 18, 2001, unless otherwise noted.



Sec. 101-17.0  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on assignment and utilization of space, see FMR part 
102-79 (41 CFR part 102-79).



PART 101-18--ACQUISITION OF REAL PROPERTY--Table of Contents




Sec.
101-18.000  Scope of part.
101-18.001  Authority.

                 Subpart 101-18.1--Acquisition by Lease

101-18.100  Basic policy.
101-18.101  Acquisition by GSA.
101-18.102  Acquisition by other agencies.
101-18.103  Agency cooperation.
101-18.104  Delegation of leasing authority.
101-18.104-1  Limitations on the use of delegated authority.
101-18.104-2  Categorical space delegations.
101-18.104-3  Agency special purpose space delegations.
101-18.105  Contingent fees and related procedure.
101-18.106  Application of socioeconomic considerations.

        Subpart 101-18.2--Acquisition by Purchase or Condemnation

101-18.200  Purpose.
101-18.201  Basic acquisition policy.
101-18.202  Expenses incidental to transfer.
101-18.203  Litigation expenses.

Subpart 101-18.3  [Reserved]

    Authority: Sec. 1-201(b), E.O. 12072, 43 FR 36869, 3 CFR, 1978 
Comp., p. 213.

    Source: 39 FR 23202, June 27, 1974, unless otherwise noted.



Sec. 101-18.000  Scope of part.

    (a) This part prescribes policies and procedures governing 
acquisition of interests in real property.
    (b) For more information on the acquisition of real property, see 41 
CFR parts 102-71 through 102-82. To the extent that any policy 
statements in this part are inconsistent with the policy statements in 
41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR 
parts 102-71 through 102-82 are controlling.

[58 FR 40592, July 29, 1993, as amended at 66 FR 5358, Jan. 18, 2001]



Sec. 101-18.001  Authority.

    This part implements applicable provisions of the Federal Property 
and Administrative Services Act of 1949, as amended, 63 Stat. 377 (40 
U.S.C. 471 et seq.); the Act of August 27, 1935, as amended, 49 Stat. 
886 (40 U.S.C. 304c); the Public Buildings Act of 1959, as amended, Pub. 
L. 86-249, 73 Stat. 479 (40 U.S.C. 601-615); the Public Buildings 
Cooperative Use Act of 1976, Pub. L. 94-541, 90 Stat. 2505; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, Pub. L. 91-646, 84 Stat. 1894; the Federal Urban Land-Use Act, 
Pub. L. 90-577, 82 Stat. 1104 (40 U.S.C. 531-535); the Rural Development 
Act of 1972, as amended, Pub. L. 92-419, 86 Stat. 657 (42 U.S.C. 3122); 
the Fair Housing Act, as amended, Pub. L. 90-284, 82 Stat. 81 (42 U.S.C. 
3601 et seq.); Reorganization Plan No. 18 of 1950, 15 FR 3177, 64 Stat. 
1270 (40 U.S.C. 490 note); Executive Order 12072, 43 FR 36869 (40 U.S.C. 
490 note); and OMB Circular A-95 (41 FR 2052).

[58 FR 40592, July 29, 1993]

[[Page 97]]



                 Subpart 101-18.1  Acquisition by Lease

    Source: 58 FR 40592, July 29, 1993, unless otherwise noted.



Sec. 101-18.100  Basic policy.

    (a) GSA will lease privately owned land and building space only when 
needs cannot be satisfactorily met in Government-controlled space and:
    (1) Leasing proves to be more advantageous than the construction of 
a new or alteration of an existing Federal building;
    (2) New construction or alteration is not warranted because 
requirements in the community are insufficient or indefinite in scope or 
duration; or
    (3) Completion of a new building within a reasonable time cannot be 
ensured.
    (b) Available space in buildings under the custody and control of 
the United States Postal Service (USPS) will be given priority 
consideration in fulfilling Federal agency space needs.
    (c) Acquisition of space by lease will be on the basis most 
favorable to the Government, with due consideration to maintenance and 
operational efficiency, and only at charges consistent with prevailing 
scales for comparable facilities in the community.
    (d) Acquisition of space by lease will be by negotiation except 
where the sealed bid procedure is required by 41 U.S.C. 253(a). Except 
as otherwise provided in 41 U.S.C. 253, full and open competition will 
be obtained among suitable available locations meeting minimum 
Government requirements.
    (e) When acquiring space by lease, the provisions of Sec. 101-17.205 
regarding determination of the location of Federal facilities shall be 
strictly adhered to.
    (f) When acquiring space by lease, the provisions of section 110(a) 
of the National Historic Preservation Act of 1966 (16 U.S.C. 470), as 
amended, regarding the use of historic properties shall be strictly 
adhered to.



Sec. 101-18.101  Acquisition by GSA.

    (a) GSA will perform all functions of leasing building space, and 
land incidental thereto, for Federal agencies except as provided in this 
subpart.
    (b) Officials or employees of agencies for which GSA will acquire 
leased space shall at no time, before or after a space request is 
submitted to GSA or after a lease agreement is made, directly or 
indirectly contact lessors, offerors, or potential offerors for the 
purpose of making oral or written representation or commitments or 
agreements with respect to the terms of occupancy of particular space, 
tenant improvements, alterations and repairs, or payment for overtime 
services, unless authorized by the Director of the Real Estate Division 
in the responsible GSA regional office or facility support center.



Sec. 101-18.102  Acquisition by other agencies.

    (a) Acquisitions of leased space by agencies possessing independent 
statutory authority to acquire such space are not subject to GSA 
approval or authority.
    (b) Upon request, GSA will perform, on a reimbursable basis, all 
functions of leasing building space, and land incidental thereto, for 
Federal agencies possessing independent leasing authority.
    (c) GSA reserves the right to accept or reject reimbursable leasing 
service requests on a case-by-case basis.



Sec. 101-18.103  Agency cooperation.

    The heads of executive agencies shall:
    (a) Cooperate with and assist the Administrator of General Services 
in carrying out his responsibilities respecting office buildings and 
space;
    (b) Take measures to give GSA early notice of new or changing space 
requirements;
    (c) Seek to economize their requirements for space; and
    (d) Continuously review their needs for space in and near the 
District of Columbia, taking into account the feasibility of 
decentralizing services or activities which can be carried on elsewhere 
without excessive costs or significant loss of efficiency.



Sec. 101-18.104  Delegation of leasing authority.

    (a) Agencies are authorized to perform for themselves all functions 
with

[[Page 98]]

respect to the acquisition of leased space in buildings and land 
incidental thereto when the following conditions are met:
    (1) The space may be leased for no rental, or for a nominal 
consideration of $1.00 per annum, and shall be limited to terms not to 
exceed one (1) year;
    (2) Authority has been requested by an executive agency and a 
specific delegation has been granted by the Administrator of General 
Services;
    (3) A categorical delegation has been granted by the Administrator 
of General Services for space to accommodate particular types of agency 
activities, such as military recruiting offices or space for certain 
county level agricultural activities. A listing of categorical 
delegations is found at Sec. 101-18.104-2; or
    (4) The required space is found by the Administrator of General 
Services to be wholly or predominantly utilized for the special purposes 
of the agency to occupy such space and is not generally suitable for use 
by other agencies. Prior approval of GSA shall be obtained before an 
agency initiates a leasing action involving 2,500 or more square feet of 
such special purpose space. The request for approval and a Standard Form 
81 shall be filed with the GSA regional office having jurisdiction in 
the area of the proposed leasing action as shown in Sec. 101-17.4801. 
GSA's approval shall be based upon a finding that there is no vacant 
Government-owned or leased space available that will meet the agency's 
requirements.
    A listing of agency special purpose space delegations is found at 
Sec. 101-18.104-3.
    (b) The Departments of Agriculture, Commerce, and Defense may lease 
their own building space, and land incidental to its use, and provide 
for its operation, maintenance, and custody when the space is situated 
outside an urban center. Such leases shall be for terms not to exceed 
five (5) years. A list of urban centers follows.

                          List of Urban Centers

Aberdeen, SD:
    Brown County.
Abil:
    Jones County.
    Taylor County.
Akron, OH:
    Portage County.
    Summit County.
Alaska:
    The entire State.
Albany, GA:
    Dougherty County.
Albany, IL:
    Whiteside County.
Albany, OR:
    Linn County.
Albany-Schenectady-Troy, NY:
    Albany County.
    Rensselaer County.
    Saratoga County.
    Schenectady County.
Albuquerque, NM:
    Bernalillo County.
Alexandria, LA:
    Rapides Parish.
Allentown-Bethlehem-Easton, PA-NJ:
    Lehigh County, PA.
    Northampton County, PA.
    Warren, NJ.
Altoona, PA:
    Blair County.
Amarillo, TX:
    Potter County.
    Randall County.
Anaheim-Santa Ana-Garden Grove, CA:
    Orange County.
Ann Arbor, MI:
    Washtenaw County.
Asheville, NC:
    Buncombe County.
Athens, GA:
    Clarke County.
Atlanta, GA:
    Clayton County.
    Cobb County.
    De Kalb County.
    Fulton County.
    Gwinnett County.
Atlantic City, NJ:
    Atlantic County.
Augusta, GA-SC:
    Richmond County, GA.
    Aiken County, SC.
Augusta, ME:
    Kennebec County.
Austin, TX:
    Travis County.
Bakersfield, CA:
    Kern County.
Baltimore, MD:
    Baltimore City.
    Anne Arundel County.
    Baltimore County.
    Carroll County.
    Howard County.
Baton Rough, LA:
    East Baton Rouge Parish.
Battle Creek, MI:
    Calhoun County.
Bay City, MI:
    Bay County.
Beaumont-Port Arthur, TX:
    Jefferson County.

[[Page 99]]

    Orange County.
Billings, MT:
    Yellowstone County.
Binghampton, NY-PA:
    Broome County, NY.
    Tioga County, NY.
    Susquehanna County, PA.
Birmingham, AL:
    Jefferson County.
Bismarck, ND:
    Burleigh County.
Boise, ID:
    Ada County.
Boston, MA:
    Essex County.
    Middlesex County.
    Norfolk County.
    Plymouth County.
    Suffolk County.
Bridgeport, CT:
    Fairfield County.
    New Haven County.
Brockton, MA:
    Bristol County.
    Norfolk County.
    Plymouth County.
Brownsville-Harlingen-San Benito, TX:
    Cameron County.
Buffalo, NY:
    Erie County.
    Niagara County.
Burlington, VT:
    Chittenden County.
Butte, MT:
    Silver Bow County.
Calexico-El Centro, CA:
    Imperial County.
Canton, OH:
    Stark County.
Casper, WY:
    Narrona County.
Cedar Rapids, IA:
    Linn County.
Champaign-Urbana, IL:
    Champaign County.
Charleston, SC:
    Berkeley County.
    Charleston, County.
Charleston, WV:
    Kanawha County.
Charlotte, NC:
    Mecklenburg County.
    Union County.
Charlottesville, VA:
    Charlottesville City.
    Albemarle County.
Chattanooga, TN-GA:
    Hamilton County, TN.
    Walker County, GA.
Cheyenne, WY:
    Laramie County.
Chicago, IL:
    Cook County.
    Du Page County.
    Kane County.
    Lake County.
    McHenry County.
    Will County.
Cincinnati, OH-KY-IN:
    Clermont County, OH.
    Hamilton County, OH.
    Warren County, OH.
    Boone County, KY.
    Campbell County, KY.
    Kenton County, KY.
    Dearborn County, IN.
Cleveland, OH:
    Cuyahoga County.
    Geauga County.
    Lake County.
    Medina County.
Clinton, OK:
    Custer County.
Cody, WY:
    Park County.
Colorado Springs, CO:
    El Paso County.
Columbia, MO:
    Boone County.
Columbia, SC:
    Lexington County.
    Richland County.
Columbus, GA-AL:
    Chattahoochee County, GA.
    Muscogee County, GA.
    Russell County, AL.
Columbus, OH:
    Delaware County.
    Franklin County.
    Pickaway County.
Concord, NH:
    Merrimack County.
Corpus Christi, TX:
    Nueces County.
Dallas, TX:
    Collin County.
    Dallas County.
    Denton County.
    Ellis County.
Davenport-Rock Island-Moline, IA-IL:
    Scott County, IA.
    Henry County, IL.
    Rock Island County, IL.
Dayton, OH:
    Greene County.
    Miami County.
    Montgomery County.
    Preble County.
Decatur, IL:
    Macon County.
Denver, CO:
    Adams County.
    Arapahoe County.
    Boulder County.
    Denver County.
    Jefferson County.
Des Moines, IA:
    Polk County.
Detroit, MI:
    Macomb County.
    Oakland County.
    Wayne County.
Dubuque, IA:
    Dubuque County.

[[Page 100]]

Duluth-Superior, MN-WI:
    St. Louis County, MN.
    Douglas County, WI.
Durango, CO:
    LaPlata County.
Durham, NC:
    Durham County.
Elkins, WV:
    Randolph County.
El Paso, TX:
    El Paso County.
Erie, PA:
    Erie County.
Eugene, OR:
    Lane County.
Evansville, IN-KY:
    Vanderburgh County, IN.
    Warrick County, IN.
    Henderson County, KY.
Fall River, MA-RI:
    Bristol County, MA.
    Newport County, RI.
Fargo-Moorhed, ND-MN:
    Cass County, ND.
    Clay County, MN.
Fayetteville, NC:
    Cumberland County.
Fitchburg-Leominster, MA:
    Middlesex County.
    Worcester County.
Flint, MI:
    Genesee County.
    Lapeer County.
Fort Collins, CO:
    Larimer County.
Fort Lauderdale-Hollywood, FL:
    Broward County.
Fort Smith, AR-OK:
    Crawford County, AR.
    Sebastian County, AR.
    Le Flore County, OK.
    Sequoyah County, OK.
Fort Wayne, IN:
    Allen County.
Fort Worth, TX:
    Johnson County.
    Tarrant County.
Frankfort, KY:
    Franklin County.
Fresno, CA:
    Fresno County.
Gadsden, AL:
    Etowah County.
Gainesville, FL:
    Alachua County.
Galveston-Texas City, TX:
    Galveston County.
Gary-Hammond-East Chicago, IN:
    Lake County.
    Porter County.
Grand Forks, ND:
    Grand Forks County.
Grand Island, NE:
    Hall County.
Grand Junction, CO:
    Mesa County.
Grand Rapids, MI:
    Kent County.
    Ottawa County.
Great Falls, MT:
    Cascade County.
Greeley, CO:
    Weld County.
Green Bay, WI:
    Brown County.
Greensboro-High Point, NC:
    Guilford County.
Greenville, SC:
    Greenville County.
    Pickens County.
Greenwood, MS:
    Le Flore County.
Hamilton-Middletown, OH:
    Butler County.
Harrisburg, PA:
    Cumberland County.
    Dauphin County.
    Perry County.
Hartford, CT:
    Hartford County.
    Middlesex County.
    Tolland County.
Hawaii:
    The entire State.
Helena, MT:
    Lewis and Clark County.
Hot Springs, AR:
    Garland County.
Houston, TX:
    Harris County.
Huntington-Ashland, WV-KY-OH:
    Cabell County, WV.
    Wayne County, WV.
    Boyd County, KY.
    Lawrence County, OH.
Huntsville, AL:
    Limestone County.
    Madison County.
Huron, SD:
    Beadle County.
Idaho Falls, ID:
    Bonneville County.
Indianapolis, IN:
    Hamilton County.
    Hancock County.
    Hendricks County.
    Johnson County.
    Marion County.
    Morgan County.
    Shelby County.
Jackson, MI:
    Jackson County
Jackson, MS:
    Hinds County.
    Rankin County.
Jackson, TN:
    Madison County.
Jacksonville, FL:
    Duval County.
Jefferson City, MO:
    Cole County.
Jersey City, NJ:
    Hudson County.
Johnstown, PA:

[[Page 101]]

    Cambria County.
    Somerset County.
Kalamazoo, MI:
    Kalamazoo County.
Kansas City, MO-KS:
    Cass County, MO.
    Clay County, MO.
    Jackson County, MO.
    Platte County, MO.
    Johnson County, KS.
    Wyandotte County, KS.
Kenosha, WI:
    Kenosha County.
Klamath Falls, OR:
    Klamath County.
Knoxville, TN:
    Anderson County.
    Blount County.
    Knox County.
Lafayette, LA:
    Lafayette Parish.
Lake Charles, LA:
    Calcasieu Parish.
Lancaster, PA:
    Lancaster County.
Lansing, MI:
    Clinton County.
    Eaton County.
    Ingham County.
Laredo, TX:
    Webb County.
Las Vegas, NV:
    Clark County.
Lawrence-Haverhill, MA-NH:
    Essex County, MA.
    Rockingham County, NH.
Lawton, OK:
    Comanche County.
Lewiston-Auburn, ME:
    Androscoggin County.
Lexington, KY:
    Fayette County.
Lima, OH:
    Allen County.
Lincoln, NE:
    Lancaster County.
Little Rock-North Little Rock, AR:
    Pulaski County.
Logan, UT:
    Cache County.
Lorain-Elyria, OH:
    Lorain County,
Los Angeles-Long Beach, CA:
    Los Angeles County.
Louisville, KY/IN.
    Jefferson County, KY.
    Clark County, IN.
    Floyd County, IN.
Lowell, MA:
    Middlesex County.
Lubbock, TX:
    Lubbock County.
Lynchburg, VA:
    Lynchburg City.
    Amherst County.
    Campbell County.
Macon, GA:
    Bibb County.
    Houston County.
Madison, WI:
    Dane County.
Manchester, NH:
    Hillsborough County.
    Merrimack County.
Manhattan, KS:
    Riley County.
McCook, NE:
    Red Willow County.
Medford, OR:
    Jackson County.
Memphis, TN-AR:
    Shelby County, TN.
    Crittenden County, AR.
Meriden, CT:
    New Haven County.
Meridian, MS:
    Lauderdale County.
Miami, FL:
    Dade County.
Midland, TX:
    Midland County.
Milwaukee, WI:
    Milwaukee County.
    Ozaukee County.
    Waukesha County.
Minneapolis-St. Paul, MN:
    Anoka County.
    Dakota County.
    Hennepin County.
    Ramsey County.
    Washington County.
Missoula, MT:
    Missoula County.
Mobile, AL:
    Baldwin County.
    Mobile County.
Monroe, LA:
    Ouachita Parish.
Montgomery, AL:
    Elmore County.
    Montgomery County.
Morgantown, WV:
    Monongahela County.
Muncie, IN:
    Delaware County.
Muskegon-Muskegon Heights, MI:
    Muskegon County.
Muskogee, OK:
    Muskogee County.
Nashville, TN:
    Davidson County.
    Sumner County.
    Wilson County.
Newark, NY:
    Essex County.
    Morris County.
    Union County.
New Bedford, MA:
    Bristol County.
    Plymouth County.
New Britain, CT:
    Hartford County.
New Haven, CT:
    New Haven County.

[[Page 102]]

New London-Groton-Norwich, CT:
    New London County.
New Orleans, LA:
    Jefferson Parish.
    Orleans Parish.
    St. Bernard Parish.
    St. Tammany Parish.
Newport News-Hampton, VA:
    Hampton City.
    Newport News City.
    York County.
New York, NY:
    Bronx County.
    Kings County.
    Nassau County.
    New York County.
    Queens County.
    Richmond County.
    Rockland County.
    Suffolk County.
    Westchester County.
Norfolk-Portsmouth, VA:
    Chesapeake City.
    Norfolk City.
    Portsmouth City.
    Virginia Beach City.
Norwalk, CT:
    Fairfield County.
Odessa, TX:
    Ector County.
Ogden, UT:
    Weber County.
Oklahoma City, OK:
    Canadian County.
    Cleveland County.
    Oklahoma County.
Olympia, WA:
    Thurston County.
Omaha, NE-IA:
    Douglas County, NE.
    Sarpy County, NE.
    Pottawattamie County, IA.
Orlando, FL:
    Orange County.
    Seminole County.
Parkersburg, WV:
    Wood County.
Paterson-Clifton-Passaic, NJ:
    Bergen County.
    Passaic County.
Pensacola, FL:
    Escambia County.
    Santa Rosa County.
Peoria, IL:
    Peoria County.
    Tazewell County.
    Woodford County.
Philadelphia, PA-NJ:
    Bucks County, PA.
    Chester County, PA.
    Delaware County, PA.
    Montgomery County, PA.
    Philadelphia County, PA.
    Burlington County, NJ.
    Camden County, NJ.
    Gloucester County, NJ.
Phoenix, AZ:
    Maricopa County.
Pierre, SD:
    Hughes County.
Pittsburgh, PA:
    Allegheny County.
    Beaver County.
    Washington County.
    Westmoreland County.
Pittsfield, MA:
    Berkshire County.
Portland, ME:
    Cumberland County.
Portland, OR-WA:
    Clackamas County, OR.
    Multnomah County, OR:
    Washington County, OR.
    Clark County, WA.
Portsmouth, NH:
    Rockingham County.
Providence-Pawtucket-Warwick, RI-MA:
    Bristol County, RI.
    Kent County, RI.
    Newport County, RI.
    Providence County, RI.
    Washington County, RI.
    Bristol County, MA.
    Norfolk County, MA.
    Worcester County, MA.
Provo-Orem, UT:
    Utah County.
Pueblo, CO:
    Pueblo County.
Puerto Rico:
    The entire Commonwealth.
Racine, WI:
    Racine County.
Raleigh, NC:
    Wake County.
Rapid City, SD:
    Pennington County.
Reading, PA:
    Berks County.
Reno, NV:
    Washoe County.
Richmond, VA:
    Richmond City.
    Chesterfield County.
    Hanover County.
    Henrico County.
Roanoke, VA:
    Roanoke City.
    Roanoke County.
Rochester, NY:
    Livingston County.
    Monroe County.
    Orleans County.
    Wayne County.
Rockford, IL:
    Boone County.
    Winnebago County.
Rolla, MO:
    Phelps County.
Rome, GA:
    Floyd County.
Sacramento, CA:
    Placer County.
    Sacramento County.

[[Page 103]]

    Yolo County.
Saginaw, MI:
    Saginaw County.
St. Albans, VT:
    Franklin County.
St. Joseph, MO:
    Buchanan County.
St. Louis, MO-IL:
    St. Louis City, MO.
    Jefferson County, MO.
    St. Charles County, MO.
    St. Louis County, MO.
    Madison County, IL.
    St. Clair County, IL.
Salem, OR:
    Marion County.
    Polk County.
Salina, KS:
    Saline County.
Salisbury, MD:
    Wicomico County.
Salt Lake City, UT:
    Davis County.
    Salt Lake County.
San Angelo, TX:
    Tom Green County.
San Antonio, TX:
    Bexar County.
    Guadalupe County.
San Bernardino-Riverside-Ontario, CA:
    Riverside County.
    San Bernardino County.
San Diego, CA:
    San Diego County.
San Francisco-Oakland, CA:
    Alameda County.
    Contra Costa County.
    Marin County.
    San Francisco County.
    San Mateo County.
San Jose, CA:
    Santa Clara County.
Santa Barbara, CA:
    Santa Barbara County.
Santa Fe, NM:
    Santa Fe County.
Savannah, GA:
    Chatham County.
Scottsbluff, NE:
    Scotts Bluff County.
Scranton, PA:
    Lackawanna County.
Seattle-Everett, WA:
    King County.
    Snohomish County.
Sheridan, WY:
    Sheridan County
Shreveport, LA:
    Bossier Parish.
    Caddo Parish.
Sioux City, IA-NE:
    Woodbury County, IA.
    Dakota County, NE.
Sioux Falls, SD:
    Minnehaha County.
South Bend, IN:
    St. Joseph County.
    Marshall County.
Spartanburg, SC:
    Spartanburg County.
Spokane, WA:
    Spokane County.
Springfield-Chicopee-Holyoke, MA:
    Hampden County.
    Hampshire County.
    Worcester County.
Springfield, IL:
    Sangamon County.
Springfield, MO:
    Greene County.
Springfield, OH:
    Clark County.
Stamford, CT:
    Fairfield County.
Steubenville-Weirton, OH-WV:
    Jefferson County, OH.
    Brooke County, WV.
    Hancock County, WV.
Stillwater, OK:
    Payne County.
Stockton, CA:
    San Joaquin County.
Syracuse, NY:
    Madison County.
    Onondaga County.
    Oswego County.
Tacoma, WA:
    Pierce County.
Tallahassee, FL:
    Leon County.
Tampa-St. Petersburg, FL:
    Hillsborough County.
    Pinellas County.
Temple, TX:
    Bell County.
Terre Haute, IN:
    Clay County.
    Sullivan County.
    Vermillion County.
    Vigo County.
Texarkana, TX-AR:
    Bowie County, TX.
    Miller County, AR.
Toledo, OH-MI:
    Lucas County, OH.
    Wood County, OH.
    Monroe County, MI.
Topeka, KS:
    Shawnee County.
Trenton, NJ:
    Mercer County.
Tucson, AZ:
    Pima County.
Tulsa, OK:
    Creek County.
    Osage County.
    Tulsa County.
Tuscaloosa, AL:
    Tuscaloosa County.
Tyler, TX:
    Smith County.
Utica-Rome, NY:
    Herkimer County.
    Oneida County.

[[Page 104]]

Vallejo-Napa, CA:
    Napa County.
    Solano County.
Vicksburg, MS:
    Warren County.
Virgin Islands:
    The entire Territory.
Waco, TX:
    McLennan County.
Walla Walla, WA:
    Walla Walla County.
    Benton County.
Washington, DC-MD-VA:
    District of Columbia.
    Montgomery County, MD.
    Prince Georges County, MD.
    Alexandria City, VA.
    Fairfax City, VA.
    Falls Church, VA.
    Arlington County, VA.
    Fairfax County, VA.
Waterbury, CT;
    Litchfield County.
    New Haven County.
Waterloo, IA:
    Black Hawk County.
Wenatchee, WA:
    Chelan County.
West Palm Beach, FL:
    Palm Beach County.
Wheeling, WV-OH:
    Marshall County, WV.
    Ohio County, WV.
    Belmont County, OH.
Wichita, KS:
    Butler County.
    Sedgwick County.
Wichita Falls, TX:
    Archer County.
    Wichita County.
Wilkes Barre-Hazleton, PA:
    Luzerne County.
Wilmington, DE-NJ-MD:
    New Castle County, DE.
    Salem County, NJ.
    Cecil County, MD.
Wilmington, NC:
    New Hanover County.
Winston-Salem, NC:
    Forsyth County.
Worcester, MA:
    Worcester County.
Yakima, WA:
    Yakima County.
York, PA:
    Adams County.
    York County.
Youngstown-Warren, OH:
    Mahoning County.
    Trumbull County.
Yuma, AZ:
    Yuma County.

    (c) The Administrator of General Services has granted specific 
delegations of lease acquisition authority which designate urban or 
major urban centers different from those listed in paragraph (b) of this 
section. The list in paragraph (b) does not supersede or alter in any 
way leasing areas which are attached to such specific delegations. 
Agencies may continue to exercise the leasing authority granted in 
specific delegations in the manner and to the extent provided in those 
delegations.



Sec. 101-18.104-1  Limitations on the use of delegated authority.

    (a) The authority granted in and pursuant to this subpart shall be 
exercised in accordance with the requirements and limitations of the 
Federal Property and Administrative Services Act of 1949, as amended; 
the Budget Enforcement Act of 1990 and OMB Bulletin 91-02, Part B; 
Federal Property Management Regulations, subchapter D, those authorities 
listed in Sec. 101-18.001; and other applicable laws and regulations, 
including the General Services Administration Acquisition Regulation 
(GSAR), the Competition in Contracting Act (CICA), and other OMB 
requirements.
    (b) Pursuant to GSA's long-term authority contained in section 
210(h)(1) of the Federal Property and Administrative Services Act of 
1949, as amended, (40 U.S.C. 490(h)(1)), agencies delegated the 
authorities outlined herein may enter into leases for the term 
specified. In those cases where agency special purposes space 
delegations include the authority to acquire unimproved land, the land 
may be leased only on a fiscal year basis.
    (c) In accordance with section 7(a) of the Public Buildings Act of 
1959, as amended (40 U.S.C. 606), agencies must submit a prospectus to 
the Administrator of General Services for leases involving a net annual 
rental in excess of $1.6 million excluding services and utilities.
    Note: The thresholds for prospectuses are indexed, and change each 
year.
    (d) Agencies having a need for other than temporary parking 
accommodations in the urban centers listed in Sec. 101-18.102, for 
Government-owned motor vehicles not regularly house by GSA, shall 
ascertain the availability of Government-owned or-controlled parking 
from GSA in accordance with the

[[Page 105]]

procedures outlined in Sec. 101-17.202-2 prior to instituting 
procurement action to acquire parking facilities or services.



Sec. 101-18.104-2  Categorical space delegations.

    Subject to the limitations cited in Sec. 101-18.104-1, all agencies 
are authorized to acquire the types of space listed in paragraphs (a) 
through (p) of this section. Except where otherwise noted, leases may be 
for terms, including all options, of up to 20 years. The types of space 
subject to categorical space delegations may be located inside or 
outside urban centers and are as follows:
    (a) Space to house antennas, repeaters, or transmission equipment;
    (b) Depots, including, but not limited to, stockpiling depots and 
torpedo net depots;
    (c) Docks, piers, and mooring facilities (including closed storage 
space required in combination with such facilities);
    (d) Fumigation areas;
    (e) Garage space (may be leased only on a fiscal year basis);
    (f) Greenhouses;
    (g) Hangars and other airport operating facilities including, but 
not limited to, flight preparation space, aircraft storage areas, and 
repair shops;
    (h) Hospitals, including medical clinics;
    (i) Housing (temporary), including hotels (does not include quarters 
obtained pursuant to temporary duty travel or employee relocation);
    (j) Laundries;
    (k) Quarantine facilities for plants, birds, and other animals;
    (l) Ranger stations; i.e., facilities which typically include small 
offices staffed by one or more uniformed employees, and may include 
sleeping/family quarters, parking areas, garages, and storage space. 
Office space within ranger stations is minimal and does not comprise a 
majority of the space. (May also be referred to as guard stations, 
information centers, or kiosks.)
    (m) Recruiting space for the armed forces (lease terms, including 
all options, limited to 5 years);
    (n) Schools directly related to the special purpose function(s) of 
an agency;
    (o) Specialized storage/depot facilities, such as cold storage; 
self-storage units; and lumber, oil, gasoline, shipbuilding materials, 
and pesticide materials/equipment storage (general purpose warehouse 
type storage facilities not included);
    (p) Space for short-term use as provided in Sec. 101-17.203 (lease 
terms limited to 180 days with extensions granted on a case-by-case 
basis).



Sec. 101-18.104-3  Agency special purpose space delegations.

    Subject to the limitations cited in Sec. 101-18.104-1, the agencies 
listed below are authorized to acquire the types of space associated 
with that agency. Except where otherwise noted, agency special purpose 
space may be leased for terms, including all options, of up to 20 years. 
Such space may be located either inside or outside urban centers. The 
agencies and types of space subject to special purpose space delegations 
are as follows:
    (a) Department of Agriculture:
    (1) Cotton classing laboratories (lease terms, including all 
options, limited to 5 years);
    (2) Land (if unimproved, may be leased only on a fiscal year basis);
    (3) Miscellaneous storage by cubic foot or weight basis;
    (4) Office space when required to be located in or adjacent to 
stockyards, produce markets, produce terminals, airports, and other 
ports (lease terms, including all options, limited to 5 years);
    (5) Space for agricultural commodities stored in licensed warehouses 
and utilized under warehouse contracts;
    (6) Space utilized in cooperation with State and local governments 
or their instrumentalities (extension services) where the cooperating 
State or local government occupies a portion of the space and pays a 
portion of the rent.
    (b) Department of Commerce:
    (1) Census Bureau--Space required in connection with conducting the 
decennial census (lease terms, including all options, limited to 5 
years);
    (2) Laboratories for testing materials, classified or ordnance 
devices, calibration of instruments, and atmospheric and oceanic 
research (lease

[[Page 106]]

terms, including all options, limited to 5 years);
    (3) Maritime training stations;
    (4) Radio stations;
    (5) Land (if unimproved, may be leased only on a fiscal year basis);
    (6) National Weather Service meteorological facilities.
    (c) Department of Defense:
    (1) Air Force--Civil Air Patrol Liaison Offices and land incidental 
thereto when required for use incidental to, in conjunction with, and in 
close proximity to airports, including aircraft and warning stations (if 
unimproved, land may be leased only on a fiscal year basis; for space, 
lease terms, including all options, limited to 5 years);
    (2) Armories;
    (3) Film library in the vicinity of Washington, DC;
    (4) Leased building at Air Force Base, Jackson, MS;
    (5) Mess halls;
    (6) Ports of embarkation and debarkation;
    (7) Post exchanges;
    (8) Postal Concentration Center, Long Island City, NY;
    (9) Recreation centers;
    (10) Reserve training space;
    (11) Service clubs;
    (12) Testing laboratories (lease terms, including all options, 
limited to 5 years).
    (d) Department of Energy: Facilities housing the special purpose or 
special location activities of the old Atomic Energy Commission.
    (e) Federal Communications Commission: Monitoring station sites.
    (f) Department of Health and Human Services: Laboratories (lease 
terms, including all options, limited to 5 years).
    (g) Department of the Interior:
    (1) Space in buildings and land incidental thereto used by field 
crews of the Bureau of Reclamation, Bureau of Land Management, and the 
Geological Survey in areas where no other Government agencies are 
quartered (if unimproved, land may be leased only on a fiscal year 
basis);
    (2) National Parks/Monuments Visitors Centers consisting primarily 
of special purpose space (e.g., visitor reception, information, and rest 
room facilities) and not general office or administrative space.
    (h) Department of Justice:
    (1) U.S. marshals Office in any Alaska location (lease terms, 
including all options, limited to 5 years);
    (2) Border Patrol Offices similar in character and utilization to 
policy stations, involving the handling of prisoners, firearms, and 
motor vehicles, regardless of location (lease terms, including all 
options limited to 5 years);
    (3) Space used for storage and maintenance of surveillance vehicles 
and seized property (lease terms, including all options, limited to 5 
years);
    (4) Space used for review and custody of records and other 
evidentiary materials (lease terms, including all options, limited to 5 
years);
    (5) Space used for trail preparation where space is not available in 
Federal Buildings, Federal Courthouses, USPS facilities, or GSA-leased 
buildings (lease terms limited to not more than 1 year.)
    (i) Office of Thrift Supervision: Space for field offices of 
Examining Divisions required to be located within Office of Thrift 
Supervision buildings or immediately adjoining or adjacent to such 
buildings (lease terms, including all options, limited to 5 years).
    (j) Department of Transportation:
    (1) Federal Aviation Administration:
    (i) Land at airports (if unimproved, land may be leased only on a 
fiscal year basis);
    (ii) Not to exceed 10,000 square feet of space at airports that is 
used predominantly as general purpose office space in buildings under 
the jurisdiction of public or private airport authorities (lease terms, 
including all options, limited to 5 years);
    (2) U.S. Coast Guard:
    (i) Space for the oceanic unit, Woods Hole, MA;
    (ii) Space for port security activities.
    (k) Department of the Treasury:
    (1) Comptroller of the Currency--Space and land incidental thereto 
for the use of the Comptroller of the Currency, as well as the 
operation, maintenance and custody thereof (if unimproved, land may be 
leased only on a fiscal year basis; for space, lease term, including all 
options, limited to 5 years);

[[Page 107]]

    (2) U.S. Customs Service--Aerostat radar facilities necessary for 
agency mission activities;
    (l) Department of Veterans Affairs:
    (1) Guidance and training centers located at schools and colleges;
    (2) Space used for veterans hospitals, including outpatient and 
medical-related clinics, such as drug, mental health, and alcohol.



Sec. 101-18.105  Contingent fees and related procedure.

    The provisions of subpart 3.4 of Title 48 with respect to contingent 
fees and related procedure are hereby made applicable to all negotiated 
and sealed bid contracts for the acquisition of real property by lease. 
The representations and covenants required by that subpart shall be 
appropriately adapted for use in leases of real property for Government 
use.



Sec. 101-18.106  Application of socioeconomic considerations.

    (a) In acquiring space by lease, agencies will avoid locations which 
will work a hardship on employees because (1) there is a lack of 
adequate low- and moderate-income nondiscriminatory housing for 
employees within reasonable proximity to the location, and (2) the 
location is not readily accessible from other areas of the community.
    (b) Consideration of low- and moderate-income nondiscriminatory 
housing for employees and the need for development and redevelopment of 
areas for socioeconomic improvement will apply to the acquisition of 
space by lease where:
    (1) 100 or more low- or moderate-income employees are expected to be 
employed in the space to be leased; and
    (2) The proposed leasing action involves residential relocation of a 
majority of the existing low- and moderate-income work force, a 
significant increase in their transportation or parking costs, travel 
time that exceeds 45 minutes to the new location, or a 20 percent 
increase in travel time if travel time to the present facility already 
exceeds an average of 45 minutes; or
    (3) GSA requests Department of Housing and Urban Development (HUD) 
review in lease actions of special importance not covered by paragraphs 
(b) (1) and (2) of this section.
    (c) HUD, as the agency responsible for providing information 
concerning the availability of nondiscriminatory low- and moderate-
income housing in areas where Federal facilities are to be located, 
shall be consulted when such information is required.
    (d) Other socioeconomic considerations described in Sec. 101-19.101 
are also applicable to lease acquisitions.



        Subpart 101-18.2--Acquisition by Purchase or Condemnation



Sec. 101-18.200  Purpose.

    These regulations will:
    (a) Encourage and expedite the acquisition of real property by 
agreements with owners;
    (b) Avoid litigation where possible and relieve congestion in the 
courts;
    (c) Insure consistent treatment of owners in the many Federal 
programs; and
    (d) Promote public confidence in Federal land acquisition practices.



Sec. 101-18.201  Basic acquisition policy.

    GSA, to the greatest extent practicable, will:
    (a) Make every reasonable effort to acquire expeditiously real 
property by negotiation.
    (b) Appraise real property before the initiation of negotiations and 
give the owner or his designated representative an opportunity to 
accompany the appraiser during his inspection of the property.
    (c) Establish, prior to the initiation of negotiations for real 
property, an amount estimated to be the just compensation therefor and 
make a prompt offer to acquire the property for the full amount so 
established. GSA will provide the owner of the real property to be 
acquired with a written statement of the amount established as just 
compensation and a summary of the basis for it. Where appropriate, the 
just compensation for the real properly acquired and for damages to 
remaining real property will be separately stated. The summary statement 
to be furnished the owner will include the following:

[[Page 108]]

    (1) Identification of the real property and the estate or interest 
therein to be acquired;
    (2) Identification of the buildings, structures, and other 
improvements considered to be part of the real property for which the 
offer of just compensation is made;
    (3) A statement that GSA's determination of just compensation is 
based on the estimated fair market value of the property to be acquired. 
If only part of the property is to be acquired or the interest to be 
acquired is less than the full interest of the owner, the statement will 
explain the basis for the determination of the just compensation;
    (4) A statement that GSA's determination of just compensation is not 
less than its approved appraisal of the property; and
    (5) A statement that any increase or decrease in the fair market 
value of the real property, prior to the date of valuation, caused by 
the public improvement or project for which the real property is to be 
acquired, or by the likelihood that the real property would be acquired 
for such improvement or project, other than that due to physical 
deterioration within the reasonable control of the owner, has been 
disregarded in making the determination of just compensation for the 
property.
    (d) Acquire at least an equal interest in all buildings, structures, 
or other improvements located upon the real property. This includes 
buildings, structures, or other improvements that GSA requires to be 
removed from the real property or that GSA determines will affect 
adversely the proposed use of the real property. If any buildings, 
structures, or other improvements comprising part of the real property 
are the property of an occupant who has the right or obligation to 
remove them at the expiration of his term, the total just compensation 
for the real property, including the property of the occupant, will be 
determined and the occupant will be paid the greater of the:
    (1) Fair market value of the buildings, structures, or other 
improvements to be removed from the property; or
    (2) Contributive fair market value of the occupant's improvements to 
the fair market value of the entirety, which value should not be less 
than the value of his improvements for removal from the real property. 
Payment under this paragraph (d) of this section will not be a 
duplication of any payment otherwise authorized by law. No payment will 
be made unless the landowner disclaims all interests in the occupant's 
improvements and the occupant in consideration for such payment shall 
assign, transfer, and release to the Government all his right, title, 
and interest in and to such improvements. The occupant may reject 
payment under this paragraph (d) of this section and obtain payment for 
his property interests in accordance with other applicable laws.
    (e) Obtain only one appraisal on each parcel, tract, etc., of real 
property to be acquired unless GSA determines that circumstances require 
an additional appraisal or appraisals.
    (f) Maintain records to verify that the landowner or his designated 
representative(s) was given an opportunity to accompany the appraiser 
during the inspection of the real property.
    (g) Pay an owner or occupant or deposit such payment in the registry 
of the court before requiring him to surrender his property. To the 
maximum extent practicable, owners and occupants will be given at least 
90 days' notice of displacement before being required to move from real 
property acquired by GSA. If permitted by GSA to remain in possession 
for a short period of time after Government acquisition, the rental 
charged for this occupancy will not be more than the fair rental value 
of the property to a short-term occupier.
    (h) Not intentionally make it necessary for an owner to institute 
legal proceedings to prove the fact of the taking of his property. Offer 
to acquire the entire property where the acquisition of a part of a 
property will leave the owner with an uneconomic remnant.

[[Page 109]]



Sec. 101-18.202  Expenses incidental to transfer.

    GSA will amend its contract-to-sell-real-property forms to provide 
for reimbursement to vendors in amounts deemed by GSA to be fair and 
reasonable for the following expenses:
    (a) Recording fees, transfer taxes (other than tax imposed on the 
United States), and similar expenses incidental to conveying the real 
property;
    (b) Penalty cost for prepayment of any preexisting recorded mortgage 
entered into in good faith encumbering said real property; and
    (c) The pro rata portion of real property taxes paid by the vendor 
for periods subsequent to the day title vests in the United States.



Sec. 101-18.203  Litigation expenses.

    GSA will plan for and take into consideration the possible liability 
for the payment of litigation expenses of a condemnee as provided for in 
section 304 of the Act.

Subpart 101-18.3  [Reserved]



PART 101-19--CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS--Table of Contents




Sec.
101-19.000  Scope of part.
101-19.001  Authority.
101-19.002  Basic policy.
101-19.003  Definition of terms.
101-19.003-1  Alter.
101-19.003-2  Alteration project.
101-19.003-3  Construct.
101-19.003-4  Executive agency.
101-19.003-5  Prospectus.
101-19.003-6  Public building.
101-19.003-7  United States.

                        Subpart 101-19.1--General

101-19.100  Intergovernmental consultation on Federal projects.
101-19.101  Application of socioeconomic considerations.
101-19.101-1  Location of buildings.
101-19.101-2  Agreement with Secretary of Housing and Urban Development.
101-19.101-3  Consultation with HUD.
101-19.101-4  Affirmative action plan.
101-19.101-5  Agency compliance.

          Subpart 101-19.2--Selection and Approval of Projects

101-19.201  Determination of need.
101-19.202  Priority of projects.
101-19.203  Approval of projects.
101-19.204  Cooperation and assistance of Federal agencies.

                  Subpart 101-19.3--Alteration Projects

101-19.301  Emergency alteration projects.
101-19.302  Prospectuses for reimbursable alteration projects.

                 Subpart 101-19.4--Construction Projects

101-19.401  Contracting for construction.
101-19.402  Architectural and engineering services.

                Subpart 101-19.5--Delegation of Authority

101-19.501  Conditions justifying delegation.
101-19.502  Exercise of delegation.

     Subpart 101-19.6--Accommodations for the Physically Handicapped

101-19.600  Scope of subpart.
101-19.601  Authority and applicability.
101-19.602  Definitions.
101-19.603  Standards.
101-19.604  Exceptions.
101-19.605  Waiver or modification of standards.
101-19.606  Recordkeeping.
101-19.607  Reporting.

Appendix A to Subpart 101-19.6--Uniform Federal Accessibility Standards

Subparts 101-19.7--101-19.47 [Reserved]

                       Subpart 101-19.48--Exhibits

101-19.4800  Scope of subpart.
101-19.4801  Memorandum of understanding between the Department of 
          Housing and Urban Development and the General Services 
          Administration concerning low- and moderate-income housing.

                Subpart 101-19.49--Illustration of Forms

101-19.4900  Scope of subpart.
101-19.4901  [Reserved]
101-19.4902  GSA forms.
101-19.4902-2974  GSA Form 2974, Status Report for Federally Funded or 
          Leased Buildings--Accommodation of Physically Handicapped.

    Authority: 40 U.S.C. 486(c), 490 and 601-619; 86 Stat. 216.

    Source: 39 FR 23214, June 27, 1974, unless otherwise noted.

[[Page 110]]



Sec. 101-19.000  Scope of part.

    (a) This part prescribes policies and procedures for the 
construction and alteration of public buildings in the United States.
    (b) For more information on the construction and alteration of 
public buildings, see 41 CFR parts 102-71 through 102-82. To the extent 
that any policy statements in this part are inconsistent with the policy 
statements in 41 CFR parts 102-71 through 102-82, the policy statements 
in 41 CFR parts 102-71 through 102-82 are controlling.

[39 FR 23214, June 27, 1974, as amended at 66 FR 5358, Jan. 18, 2001]



Sec. 101-19.001  Authority.

    This part 101-19 implements the applicable provisions of the Federal 
Property and Administrative Services Act of 1949, 63 Stat. 377, as 
amended; the Public Buildings Act of 1959 (40 U.S.C. 601-615 as 
amended); Public Law 90-480, 82 Stat. 718, as amended (42 U.S.C. 4151-
4156); the Clean Air Act (42 U.S.C. 1857-1858); the Federal Water 
Pollution Control Act (33 U.S.C. 1151-1175); the Intergovernmental 
Cooperation Act of 1968 (42 U.S.C. 4201-4244, 40 U.S.C. 531-535); 
Evaluation, Review, and Coordination of Federal and Federally Assisted 
Programs and Projects (Office of Management and Budget Circular A-95 
Revised); section 901(b) of the Agriculture Act of 1970, 84 Stat. 1383 
as amended by section 601 of the Rural Development Act of 1972, 86 Stat. 
674 (42 U.S.C. 1322(b)); Executive Order 12088 (3 CFR 829 (1971-1975 
compilation)); Executive Order 11724 (3 CFR 777 (1971-1975 
compilation)); Executive Order 12072 of August 16, 1978 (43 FR 36869); 
the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2507); and 
title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601).

[45 FR 37206, June 2, 1980]



Sec. 101-19.002  Basic policy.

    (a) In the process of developing building projects, the policies 
contained in Sec. 101-17.002 regarding the determination of the location 
of Federal facilities shall be strictly adhered to.
    (b) [Reserved]
    (c) To the maximum extent practical, GSA will plan the construction 
and alteration of Federal facilities when such action can be shown to 
the most prudent and economic means of meeting Federal space 
requirements.
    (d) GSA will provide technical services and guidance to other 
Federal agencies in the formulation and development of their programs 
for construction and alteration of special facilities.
    (e) Excess properties transferred to GSA will be renovated and 
altered whenever practical to meet Government space needs.
    (f) In selecting sites for public buildings, consideration will also 
be given to:
    (1) Maximum utilization of Government-owned land (including excess 
land) whenever it is adequate, economically adaptable to requirements 
and properly located, where such use is consistent with the provisions 
of Executive Order 11724 of June 25, 1973 (38 FR 16837), and subpart 
101-47.8;
    (2) A site adjacent to or in the proximity of an existing Federal 
building which is well located and is to be retained for long-term 
occupancy; and
    (3) Suitable sites in established civic or redevelopment centers 
which are well planned and properly financed with development initiated 
and insured.
    (g) The design of new buildings and their appurtenances should 
provide efficient and economical facilities in an architecture of 
distinction and quality. The architecture should reflect the dignity, 
enterprise, vigor, and stability of the United States Government. The 
designs shall embody the finest contemporary American architectural 
thought and shall respect local architectural characteristics.
    (h) In the alteration of existing buildings, GSA will maintain 
architectural integrity and compatibility with existing structures.
    (i) In the design of new public buildings, and to the extent 
feasible in the alteration of existing public buildings, GSA will (1) 
insure that such buildings and attendant facilities will be accessible 
to and usable by the physically handicapped (42 U.S.C. 4151-4156) and 
(2) utilize, to the maximum extent, modern methods and techniques for 
the control of air and water pollution

[[Page 111]]

(Clean Air Act 42 U.S.C. 1857-1858; Federal Water Pollution Control Act, 
33 U.S.C. 1151-1175).
    (j) In the siting and locating of buildings on selected sites, GSA 
representatives will work directly with local officials in seeking to 
conform as closely as possible to local zoning regulations.
    (k) In the design of new public buildings and alterations to public 
buildings, the objectives of nationally recognized building and 
performance codes, standards, and specifications will be met and 
amplified according to the needs of GSA and as necessary to conform with 
the accident and fire prevention policy objectives stated in Sec. 101-
20.109-1. In addition, special features of local codes directly related 
to local circumstances or practices will be, to the maximum extent 
practical, incorporated into the design.
    (l) Parking for Government-owned, visitors', and employees' vehicles 
will be provided in the planning of public buildings with due regard to 
the needs of the Federal agencies to be housed in each building, local 
zoning and parking regulations, availability of public transportation, 
and availability of planned and existing public and privately owned 
parking facilities in the locality.
    (m) Fine arts, as appropriate, will be incorporated in the design of 
selected new public buildings. Fine arts, including painting, sculpture, 
and artistic work in other mediums, will reflect the national cultural 
heritage and emphasize the work of living American artists.
    (n) Security floodlighting, as appropriate, will be incorporated in 
the design of selected new public buildings. Such security floodlighting 
will be designed for minimum energy consumption and reflect and enhance 
the architectural esthetics of the building.

[39 FR 23214, June 27, 1974, as amended at 45 FR 37206, June 2, 1980]



Sec. 101-19.003  Definition of terms.

    For the purposes of this subchapter D the following terms shall have 
the meanings set forth in this section.



Sec. 101-19.003-1  Alter.

    Alter means repairing, remodeling, improving, extending, or 
otherwise changing a public building. The term includes preliminary 
planning; engineering; architectural, legal, fiscal, and economic 
investigations and studies; surveys; designs; plans; working drawings; 
specifications; procedures; and other similar actions necessary for the 
alteration of a public building.



Sec. 101-19.003-2  Alteration project.

    Alteration project, requiring compliance with section 7 of the 
Public Buildings Act of 1959, as amended, means a project to alter a 
public building which is estimated to cost in excess of $500,000 and 
which specifies any of the following:
    (a) Alterations estimated to be completed in 5 years for the 
continued use and occupancy of the building.
    (b) Alterations to a building and/or its equipment occasioned by a 
space reassignment.
    (c) Alterations occasioned by an emergency.



Sec. 101-19.003-3  Construct.

    Construct means to build a public building. The term includes 
preliminary planning, engineering, architectural, legal, fiscal, and 
economic investigations and studies, surveys, designs, plans, working 
drawings, specifications, procedures, and other similar actions 
necessary for the construction of a public building.



Sec. 101-19.003-4  Executive agency.

    Executive agency means any executive department or independent 
establishment in the executive branch of the Government including any 
wholly owned Government corporation and including the Central Bank for 
Cooperatives and the regional banks for cooperatives, Federal land 
banks, Federal intermediate credit banks, Federal home loan banks, 
Federal Deposit Insurance Corporation, and the Government National 
Mortgage Association.



Sec. 101-19.003-5  Prospectus.

    Prospectus means the statement of the proposed project, required by 
section 7 of the Public Buildings Act of 1959, as amended (40 U.S.C. 
606), including a description, its location, estimated maximum cost, a 
comprehensive

[[Page 112]]

plan for providing space for all Government officers and employees in 
the locality of the proposed project, a statement by the Administrator 
of General Services that suitable space owned by the Government is not 
available and that suitable rental space is not available at a price 
commensurate with that to be afforded through the proposed action, and a 
statement of rents and other housing costs currently being paid by the 
Government for Federal agencies to be housed in the proposed project.



Sec. 101-19.003-6  Public building.

    (a) Public building means any building, whether for single or multi-
tenant occupancy, its grounds, approaches, and appurtenances, which is 
generally suitable for office or storage space or both for the use of 
one or more Federal agencies or mixed ownership corporations, and shall 
include: Federal office buildings, post offices, customhouses, 
courthouses, appraisers stores, border inspection facilities, 
warehouses, record centers, relocation facilities, similar Federal 
facilities, and any other buildings or construction projects the 
inclusion of which the President may deem, from time to time hereafter, 
to be justified in the public interest; but shall not include any such 
buildings and construction projects:
    (1) On the public domain (including that reserved for national 
forests and other purposes),
    (2) On properties of the United States in foreign countries,
    (3) On Indian and native Eskimo properties held in trust by the 
United States,
    (4) On lands used in connection with Federal programs for 
agricultural, recreational, and conservation purposes, including 
research in connection therewith,
    (5) On or used in connection with river, harbor, flood control 
reclamation or power projects, or for chemical manufacturing or 
development projects, or for nuclear production, research, or 
development projects,
    (6) On or used in connection with housing and residential projects,
    (7) On military installations (including any fort, camp, post, naval 
training station, airfield, proving ground, military supply depot, 
military school, or any similar facility of the Department of Defense),
    (8) On Veterans Administration installations used for hospital or 
domiciliary purposes, and
    (9) The exclusion of which the President may deem, from time to time 
hereafter, to be justified in the public interest.
    (b) Buildings leased by the Government are not ``public buildings'' 
within the meaning of the Public Buildings Act of 1959.



Sec. 101-19.003-7  United States.

    United States, when used in a geographical sense, means the 50 
States, the District of Columbia, the Commonwealth of Puerto Rico, and 
the territories and possessions of the United States.



                        Subpart 101-19.1--General



Sec. 101-19.100  Intergovernmental consultation on Federal projects.

    (a) As used in this section, the following terms will have the 
meanings defined herein:
    (1) Planning agencies. Planning agencies are defined as the Governor 
of a State or, if there is one, the appropriate A-95 clearinghouse of 
the State, region, or metropolitan area, and the appropriate local, 
county, metropolitan, regional, and State planning and environmental 
authorities.
    (2) Federal projects. Federal projects are defined as public 
buildings construction projects and lease construction projects required 
to be authorized in accordance with, or in the manner provided by, the 
provisions of the Public Buildings Act of 1959, as amended; and projects 
involving a significant change in the use of federally owned property or 
property to be acquired by exchange in connection with a public 
buildings project authorized under the provisions of the Public 
Buildings Act of 1959, as amended, or the Federal Property and 
Administrative Services Act of 1949, as amended.

[[Page 113]]

    (b) GSA will consult with planning agencies, local elected 
officials, and appropriate Federal agencies to coordinate Federal 
projects with development plans and programs of the State, region, and 
locality in which the project is to be located to ensure that all 
national, regional, State, and local viewpoints are fully considered and 
taken into account to the extent possible in planning Federal projects. 
A written statement containing a clear justification for Federal actions 
that are inconsistent with local plans will be provided the appropriate 
planning agencies.
    (c) The consultation and coordination pursuant to paragraph (b) of 
this section will be initiated by the GSA Regional Administrator of the 
region in which the Federal project is located, and the manner in which 
the consultation and coordination will be effected is set forth below:
    (1) The GSA Regional Administrator will notify the planning agencies 
at least 30 calendar days before the initiation of any survey conducted 
for the purpose of preparing a prospectus or Report of Building Project 
Survey for submittal to the Congress. Notifications of less than 30 
calendar days are authorized only in emergency situations. The 
notification will specify the approximate date(s) on which the survey 
will be conducted and will request that the GSA Regional Administrator 
be provided as soon as practicable all pertinent planning and 
development information that will be considered in connection with the 
space plan for the community. This information will include city, 
county, State, and regional plans for land use and development; use of 
community development funds; neighborhood revitalization; mass transit; 
highways; flood control; and air, water, solid waste, and other relevant 
environmental data.
    (2) Within 30 calendar days following the approval of a proposed 
action by the Congress, the GSA Regional Administrator will inform the 
previously notified planning agencies of the results of the survey. 
Particular reference will be made to the need, if any, for a new Federal 
building within a 10-year period or a major lease consolidation which 
could result in new commercial construction in the community. The letter 
will request that the GSA Regional Administrator be informed of all 
changes or refinements in the planning information initially provided, 
and set forth the following minimum data relative to the proposed 
Federal project:
    (i) Area or city in which the project will be located;
    (ii) Type of building (office building, post office, courthouse, 
etc.);
    (iii) Approximate size of building;
    (iv) Specific site location requirements;
    (v) Estimated building population; and
    (vi) Estimated total project cost.
    (3) In addition to paragraph (c)(2) of this section, major project 
designs should be made available to planning agencies at the conceptual 
design stage, and information received by GSA 2 or more years prior to 
commencement of action on a project shall be verified.
    (4) When GSA is to conduct a site investigation, propose a 
significant change in the use of federally owned or leased property that 
may require a complete environmental assessment resulting in a negative 
declaration or an environmental impact statement, propose the renovation 
or extension of an existing federally owned building required to be 
authorized in accordance with the provisions of the Public Buildings Act 
of 1959, as amended, acquire property by exchange in connection with the 
construction of a public building, or issue a Solicitation for Offers in 
connection with a lease construction project as described in paragraph 
(a)(2) of this section, the GSA Regional Administrator will notify the 
planning agencies and the principal elected official(s) of the community 
where the proposed action will take place not less than 30 calendar days 
in advance of the initiation of such action. Only verbal notification of 
planning agencies is required if the site investigation is conducted 
within 1 year of an announcement under paragraph (c)(1) of this section. 
The organizations and officials so notified will have the 30-day notice 
period in which to consult with the GSA Regional Administrator and 
provide him with data and comments pertinent

[[Page 114]]

to the proposed action. Notifications of less than 30 calendar days are 
authorized only in emergency situations.
    (5) When GSA takes action pursuant to Sec. 101-47.203-7 of this 
chapter for the transfer of federally owned real property for a direct 
project requirement which involves a substantial change in the character 
of its use, the views of the planning agencies and the principal elected 
official(s) will be obtained and considered by the GSA Regional 
Administrator, and these views will be included on GSA Form 1334, 
Request for Transfer of Excess Real Property and Related Personal 
Property.
    (6) When property is transferred for exchange purposes, the views of 
the planning agencies and the principal elected official(s) will be 
considered prior to consummation of the exchange.
    (d) The provisions of paragraph (c) of this section shall not be 
applied when the Administrator of General Services deems that the 
application thereof would adversely affect the best interest of the 
Government.
    (e) If GSA has determined that any Federal project under its 
jurisdiction may significantly affect the quality of the human 
environment, prior to a final decision concerning that project GSA will 
provide Federal agencies having jurisdiction by law or special expertise 
with respect to any environmental impact involved, planning agencies 
which are authorized to develop and enforce environmental standards, and 
others as appropriate with an adequate opportunity to review such 
projects pursuant to section 102(2)(C) of the National Environmental 
Policy Act of 1969 and the regulations of the Council on Environmental 
Quality (CEQ).
    (f) The Federal agencies, planning agencies, and others referred to 
in paragraph (e) of this Sec. 101-19.100 will be notified as follows 
concerning Federal projects under GSA jurisdiction that are determined 
to have a significant effect on the human environment:
    (1) GSA will transmit copies of the draft environmental statement, 
prepared in accordance with the provisions of National Environmental 
Policy Act of 1969, as amended, and the regulations of the Council on 
Environmental Quality to the Environmental Protection Agency, and to the 
Governor of the State, the U.S. Senators of the State, and the U.S. 
Representative from the congressional district of the State where the 
project will be located.
    (2) Thereafter, GSA will submit copies of the draft environmental 
statement to the appropriate city mayor and to the Federal, State, and 
local planning agencies for comment. The allowable period for comment 
shall be 45 calendar days. If requests for extension are made a maximum 
period of 15 calendar days may be granted.
    (3) Comments received from the Federal agencies, planning agencies, 
and others will be reconciled through coordination with the Federal and 
State agencies concerned. The environmental statement may be revised to 
reflect the additional data and comments obtained. A discussion of 
problems and objections by Federal agencies and State and local entities 
in the review process and the recommended disposition of the issues 
involved will be included in the final text of the environmental 
statement.
    (4) Copies of the final environmental statement will be transmitted 
to the Environmental Protection Agency and to those persons who 
submitted substantive comments on the draft statement or requested 
copies of the final statement. Unless waived by EPA, no irreversible or 
irretrievable action shall be taken on a project until 30 calendar days 
after submission of the final statement to EPA.
    (g) Through the appropriate planning agencies, Health System 
Agencies and State Health Planning and Development Agencies authorized 
to perform comprehensive health planning, pursuant to the National 
Health Planning and Resources Development Act of 1974, shall be provided 
adequate opportunity to review Federal projects for construction and/or 
equipment involving capital expenditures exceeding $200,000 for 
modernization, conversion, and expansion of Federal inpatient care 
facilities that alter the bed capacity or modify the primary function of 
the facility, as well as plans for provision of major new medical 
services. Projects to renovate or install mechanical systems, air-
conditioning systems, or

[[Page 115]]

other similar internal system modifications are excluded. The comments 
of such agencies or a certification that the agencies were provided a 
reasonable time to comment and failed to do so shall accompany the plan 
and budget requests submitted by the Federal agency to the Office of 
Management and Budget.
    (h) Planning agencies should advise GSA of projects which may 
present potential areas of joint cooperation by contacting the PBS 
Regional Commissioner for the region in which the project is located.

(Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c)))

[39 FR 23214, June 27, 1974, as amended at 42 FR 16779, Mar. 30, 1977; 
45 FR 37206, June 2, 1980]



Sec. 101-19.101  Application of socioeconomic considerations.

    This section provides an effective systematic arrangement to insure 
the availability of low- and moderate-income housing for Federal 
employees without discrimination because of race, color, religion, or 
national origin and to influence the improvement in social and economic 
conditions in the area of Federal buildings.



Sec. 101-19.101-1  Location of buildings.

    (a) GSA, in all its determinations regarding the location of 
federally constructed buildings and the acquisition of leased buildings, 
will consider to the maximum possible extent the availability of low- 
and moderate-income housing for employees without discrimination because 
of race, color, religion, or national origin and will affirmatively 
further the purposes of title VIII of the Civil Rights Act of 1968.
    (b) Final decisions of the Administrator of General Services will be 
based on the determination that such decisions will improve the 
management and administration of governmental activities and services 
and will foster the programs and policies of the Federal Government.



Sec. 101-19.101-2  Agreement with Secretary of Housing and Urban Development.

    (a) The Administrator of General Services has entered into an 
agreement with the Secretary of Housing and Urban Development to utilize 
the Department of Housing and Urban Development (HUD) to investigate, 
determine, and report to GSA findings on the availability of low- and 
moderate-income housing on a nondiscriminatory basis with respect to 
proposed locations for a federally constructed building or major lease 
action having a significant socioeconomic impact on a community.
    (b) HUD shall advise GSA and other Federal agencies with respect to 
actions which would increase the availability of low- and moderate-
income housing on a nondiscriminatory basis, after a site has been 
selected for a federally constructed building or a lease executed for 
space and shall assist in increasing the availability of such housing 
through its own programs.
    (c) The text of the HUD-GSA agreement is located at Sec. 101-
19.4801.



Sec. 101-19.101-3  Consultation with HUD.

    (a) In the initial selection of a city or delineation of a general 
area for location of public buildings or leased buildings, GSA will 
provide the earliest possible notice to HUD of information with respect 
to such decisions. Regional offices of HUD, as identified by the 
Secretary of Housing and Urban Development, and local planning and 
housing authorities will be consulted concerning the present and planned 
availability of low- and moderate-income housing on a nondiscriminatory 
basis in the area where the project is to be located during the project 
development investigation.
    (b) Regional office representatives of HUD, as designated by the 
Secretary of Housing and Urban Development, will participate in site 
investigations for the purpose of providing a report to GSA on the 
availability of low- and moderate-income housing on a nondiscriminatory 
basis in the area of the investigation.
    (c) The HUD Regional Administrator will transmit to the Regional 
Commissioner, PBS, his evaluation of the sites being considered. In any 
case in which a proposed site is deemed inadequate on one or more 
grounds; i.e., supply of low- and moderate-income housing on a

[[Page 116]]

non-discriminatory basis, nondiscrimination in the sale and rental of 
housing on the basis of race, color, religion, or national origin, or 
availability of transportation from housing to site, the HUD Regional 
Administrator shall include an outline of corrective actions which, in 
his judgment, will be required to overcome the inadequacies noted.
    (d) The following actions are subject to the provisions of the HUD/
GSA Memorandum of Understanding:
    (1) All project development investigations.
    (2) Site selections for public buildings (or leased space in 
buildings to be erected by the lessor) in which 100 or more low- and 
moderate-income employees are expected to be employed in the new 
building.
    (3) GSA requests HUD review in actions of special importance not 
covered by paragraph (d)(2) of this section.
    (e) The Regional Commissioner, PBS, shall promptly notify the HUD 
Regional Administrator after reaching a decision on the sites to be 
recommended for a facility and their priority. In the event any of the 
preferred sites are identified by HUD as inadequate on one or more of 
the grounds set forth in paragraph (c) of this section, the HUD Regional 
Administrator shall so advise the Assistant Secretary for Equal 
Opportunity. The Assistant Secretary will notify the Commissioner, 
Public Buildings Service, GSA, of HUD's concerns within 5 workdays after 
notification by the HUD Regional Administrator and agree on the time 
required to properly present HUD's view.
    (f) GSA will provide a written explanation when, after headquarters' 
review, a location is selected which HUD reported inadequate with 
respect to one or more of the grounds set forth in paragraph (c) of this 
section, in accordance with the HUD-GSA Memorandum of Understanding.



Sec. 101-19.101-4  Affirmative action plan.

    (a) Prior to the announcement of a site selected contrary to the 
recommendation of HUD, the involved Federal agency, GSA, HUD, and the 
community in which the proposed site is located will utilize the items 
indicated in the report of the HUD Regional Administrator as a basis for 
developing a written Affirmative Action Plan. The Affirmative Action 
Plan will insure that an adequate supply of low- and moderate-income 
housing will be available on a nondiscriminatory basis, and that there 
is adequate transportation from housing to the site before the building 
or space is to be occupied or within a period of 6 months thereafter. 
Such a plan will also contain appropriate provisions designed 
affirmatively to further nondiscrimination in the sale and rental of 
housing on the basis of race, color, religion, or national origin. The 
Affirmative Action Plan will be prepared in accordance with section 9(g) 
of the HUD-GSA Memorandum of Understanding, and will include the 
following points:
    (1) The corrective actions specified by HUD under Sec. 101-19.101-
3(c).
    (2) Assurance of the relocating agency that, when the old and new 
facilities are within the same metropolitan area, transportation will be 
provided for their low- and moderate-income employees between the old 
facility or other suitable location and the new facility at the 
beginning and end of the scheduled workday until sufficient new housing 
is built accessible to the new facility, as provided in the affirmative 
action plan.
    (3) All agreements which constitute an Affirmative Action Plan will 
be set forth in writing and will be signed by the appropriate 
representatives of HUD, GSA, the Federal agency involved, community 
bodies and agencies, and other interests whose cooperation and/or 
participation will be necessary to fulfill the requirements of the plan.
    (b) The contents of the Affirmative Action Plan will be made public 
after the site selection decision has been made by GSA.
    (c) The HUD Regional Administrator shall be responsible for 
monitoring compliance with the written Affirmative Action Plan. In the 
event of noncompliance, HUD and GSA shall undertake appropriate action 
to secure compliance. The plan should provide for commitments from the 
community involved to initiate and carry out all feasible efforts to 
obtain a sufficient

[[Page 117]]

quantity of low- and moderate-income housing available to the agency's 
personnel on a nondiscriminatory basis with adequate access to the 
location of the building or space. It should include commitments by the 
local officials having the authority to remove obstacles to the 
provisions of such housing when such obstacles exist and to take 
effective steps to insure its provision. The plan should also set forth 
the steps proposed by the agency to develop and implement a counseling 
and referral service to seek out and assist personnel to obtain such 
housing. As part of any plan, during as well as after its development, 
HUD will give priority consideration to applications for assistance 
under its housing programs for the housing proposed to be provided in 
accordance with the plan.



Sec. 101-19.101-5  Agency compliance.

    (a) Agencies shall cooperate with the Administrator of General 
Services and provide such information as may be necessary effectively to 
comply with these regulations and to cooperate with the Secretary of 
Housing and Urban Development affirmatively to further the purposes of 
title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601).
    (b) As a minimum, agencies shall determine the number of positions 
by grade and an estimate of the number of employees whose jobs are being 
moved. Further details, such as family income and size, minority status, 
present home location, and status as head-of-household, may also be 
required depending upon the type, scope, and circumstances of the 
relocation. GSA will inform agencies concerning specific situations.
    (c) Federal agencies who will relocate shall provide counseling and 
referral service to assist their personnel in obtaining housing. GSA and 
HUD will cooperate in this effort.



          Subpart 101-19.2--Selection and Approval of Projects



Sec. 101-19.201  Determination of need.

    Construction and alteration projects will be selected by the 
Administrator of General Services based on a continuing investigation 
and survey of the public building needs of the Federal Government.



Sec. 101-19.202  Priority of projects.

    Projects shall be equitably distributed throughout the United States 
with due regard for the comparative urgency of the need for each project 
as determined by the Administrator of General Services.



Sec. 101-19.203  Approval of projects.

    (a) All public buildings construction and alteration projects 
involving an expenditure in excess of $500,000 shall require approval by 
the Committees on Public Works of the Senate and House of 
Representatives.
    (b) Federal agencies identifying a need for construction or 
alteration of a public building shall provide the necessary information, 
including description of the work, location, estimated maximum cost, and 
justification to the Administrator of General Services.
    (c) The Administrator of General Services shall submit prospectuses 
for approval of public buildings projects to the Committees on Public 
Works of the Congress.



Sec. 101-19.204  Cooperation and assistance of Federal agencies.

    (a) Federal agencies shall advise and cooperate in the compilation 
of information supporting a project. Such information shall include:
    (1) A statement of net space occupied in public buildings by the 
Federal agency in the community for which the project is intended, and 
an itemization of area in square feet allocated to each specific agency 
function.
    (2) A firm statement of entire space and facility requirements.
    (3) Detailed information on space requiring special structural or 
mechanical facilities. Special use facilities for special purpose needs 
such as built-in and fixed equipment for laboratory, clinical, and other 
special use purposes must be incorporated into the project prior to 
submission of the prospectus.
    (4) Identification of locations where space should be retained in 
preference to inclusion in the proposed project.
    (b) Space requirements shall be based on currently authorized 
personnel and

[[Page 118]]

program activities including information on major changes anticipated 
within the next 5 years.
    (c) Requested information shall be submitted within 60 days of the 
receipt of a request for such information.
    (d) Agencies will not be permitted to make changes in approved space 
layout drawings submitted to GSA for new buildings, following 
established terminal dates, except where subsequent unusual and 
compelling agency developments make changes necessary. Requests for such 
changes will be submitted, over the signature of the head of the 
department or agency, to the Administrator of General Services for 
consideration.



                  Subpart 101-19.3--Alteration Projects



Sec. 101-19.301  Emergency alteration projects.

    Necessary measures to insure the immediate protection of personnel 
and facilities and for the preservation of life and the avoidance of 
further property damage may be taken in an emergency prior to the 
submission of an alteration project prospectus.



Sec. 101-19.302  Prospectuses for reimbursable alteration projects.

    Reimbursable alteration project prospectuses will be prepared on an 
``as requested'' basis. A project which is to be financed in whole or in 
part from funds appropriated to the requesting agency may be performed 
without the approval of the Committes on Public Works when the agency 
appropriation from which payment is to be made is certified by that 
agency to be available without regard to the provisions of section 7 of 
the Public Buildings Act of 1959 (40 U.S.C. 606) and the GSA's portion 
of the estimated cost, if any, does not exceed $500,000.



                 Subpart 101-19.4--Construction Projects



Sec. 101-19.401  Contracting for construction.

    Contracting for construction services by GSA will be in accordance 
with chapter 1 (FPR) and chapter 5B (GSPR) of this title. The method 
used will be that most advantageous to the Government.



Sec. 101-19.402  Architectural and engineering services.

    (a) GSA will develop or acquire, by contract, designs and 
specifications for suitable buildings that will provide space that can 
be economically utilized and operated, and which are in harmony with 
surrounding structures in the community.
    (b) The contract services of qualified private architects or 
engineers will be utilized to the fullest extent compatible with the 
public interest in the performance of architectural or engineering 
services in connection with the preparation of drawings and 
specifications for GSA construction projects.
    (c) Executive agencies may contract for professional engineering, 
architectural, and landscape architectural services for projects which 
fall within the definition of a ``public building'' contained in section 
13 of the Public Buildings Act of 1959 (40 U.S.C. 612) only when the 
Administrator of General Services has delegated his responsibilities and 
authorities pursuant to section 15 of that Act (40 U.S.C. 614). (See 
Sec. 101-19.501 regarding delegations of authority.)



                Subpart 101-19.5--Delegation of Authority



Sec. 101-19.501  Conditions justifying delegation.

    The authorities and responsibilities of the Administrator of General 
Services under the provisions of the Public Buildings Act of 1959, as 
amended (40 U.S.C. 601-615), shall, except for the authority in section 
4 of that Act, upon request, be delegated to the appropriate executive 
agency where the estimated cost of the project does not exceed $100,000 
and may, in the Administrator's discretion, be delegated in cases 
exceeding that amount. (See section 15 of the Act.) When the estimated 
cost of the project exceeds $100,000, the following criteria will be 
applied in determining whether a delegation will be made:

[[Page 119]]

    (a) The staff capability of the requesting agency to negotiate and 
administer contracts for the various types of work involved; and
    (b) Whether such a delegation will promote efficiency and economy. 
See Sec. 101-19.402(c) regarding contracts for professional engineering 
and architectural services.



Sec. 101-19.502  Exercise of delegation.

    Delegated work shall be performed according to standards established 
by the Administrator of General Services. No such delegation of 
authority shall exempt the person to whom it is made, or the exercise of 
such authority, from any provision of the Public Buildings Act of 1959, 
as amended (40 U.S.C. 601-615).



     Subpart 101-19.6--Accommodations for the Physically Handicapped



Sec. 101-19.600  Scope of subpart.

    This subpart prescribes standards for the design, construction, 
lease, and alteration of buildings to ensure, whenever possible, that 
physically handicapped persons will have ready access to and use of such 
buildings. Recordkeeping and reporting requirements (see Secs. 101-
19.606 and 101-19.607) are prescribed for all projects subject to this 
subpart.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

[43 FR 16479, Apr. 19, 1978]



Sec. 101-19.601  Authority and applicability.

    This subpart implements Public Law 90-480, approved August 12, 1968, 
as amended (42 U.S.C. 4151, et seq.). The standards prescribed herein 
shall apply to all Federal agencies and instrumentalities and to non-
Federal organizations to the extent provided in the Act.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

[43 FR 16479, Apr. 19, 1978]



Sec. 101-19.602  Definitions.

    The following definitions shall apply to this subpart 101-19.6:
    (a) Building means any building or facility (other than a privately 
owned residential structure not leased by the Government for subsidized 
housing programs and any building or facility on a military installation 
designed and constructed primarily for use by able-bodied military 
personnel) the intended use for which will require either that the 
building or facility be accessible to the public or may result in the 
employment therein of physically handicapped persons, which is to be:
    (1) Constructed or altered by, or on behalf of, the United States 
after September 2, 1969;
    (2) Leased in whole or in part by the United States between August 
12, 1968, and December 31, 1976, if constructed or altered in accordance 
with plans and specifications of the United States;
    (3) Financed in whole or in part by a grant or a loan made by the 
United States after August 12, 1968, if the building or facility is 
subject to standards for design, construction, or alteration issued 
under authority of the law authorizing such a grant or loan;
    (4) Constructed under authority of the National Capital 
Transportation Act of 1960, the National Capital Transportation Act of 
1965, or title III of the Washington Metropolitan Area Transit 
Regulation Compact; or
    (5) Leased in whole or in part by the United States after January 1, 
1977, including any renewal, succeeding, or superseding lease.
    (b) Alteration means repairing, improving, remodeling, extending, or 
otherwise changing a building.
    (c) The terms bid and bidder shall be construed to include offer and 
offeror.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978]



Sec. 101-19.603  Standards.

    Except as provided in Sec. 101-19.604, every building must be 
designed, constructed, or altered to meet the minimum requirements of 
the Uniform Federal Accessibility Standards (uniform standards) 
developed by the General Services Administration (GSA), the Department 
of Defense (DOD), the Department of Housing and Urban Development (HUD), 
and the United States Postal Service (USPS), in consultation with the 
Department of Health and Human Services. Departing

[[Page 120]]

from these standards by using other methods is permitted if it is clear 
that equal accessibility and usability of the facility are provided. 
Except as provided under Secs. 101-19.602 and 101-19.604, buildings 
designed, constructed, or altered before the effective date of this 
standard must meet the minimum standards in the GSA Accessibility 
Standard DG6 from October 14, 1980, to July 31, 1984, or the American 
Standard Specifications for Making Buildings and Facilities Accessible 
to and Usable by, the Physically Handicapped, published by the American 
National Standards Institute, Inc. (ANSI A117.1-1961) (R1971) from 
September 2, 1969, to October 13, 1980. Buildings under design are 
governed by the criteria of the uniform standards if the date bids were 
invited falls after the effective date of this rule.

[49 FR 31625, Aug. 7, 1984]



Sec. 101-19.604  Exceptions.

    The standards established in Sec. 101-19.603 shall not apply to:
    (a) The design, construction, alteration, or lease of any portion of 
a building which need not, because of its intended use, be made 
accessible to, or usable by, the public or by physically handicapped 
persons;
    (b) The alteration of an existing building if the alteration does 
not involve the installation of, or work on, existing stairs, doors, 
elevators, toilets, entrances, drinking fountains, floors, telephone 
locations, curbs, parking areas, or any other facilities susceptible of 
installation or improvements to accommodate the physically handicapped;
    (c) The alteration of an existing building, or of portions thereof, 
to which application of the standards is not structurally possible;
    (d) The construction or alteration of a building for which plans and 
specifications were completed or substantially completed on or before 
September 2, 1969: Provided, however, That any building defined in 
Sec. 101-19.602(a)(4) shall be designed, constructed, or altered in 
accordance with the standards prescribed in Sec. 101-19.603 regardless 
of design status or bid solicitation as of September 2, 1969; and
    (e) The leasing of space when it is found after receiving bids or 
offers not otherwise legally acceptable that a proposal meets most of 
the requirements of the Uniform Federal Accessibility Standards. If no 
offeror or bidder meets all the requirements, then preference must be 
given to the offeror or bidder who most nearly meets the standards in 
section 101-19.603. If the award is proposed for a firm other than the 
one that most nearly meets the Uniform Federal Accessibility Standards 
and whose bid or offer is reasonable in price and is otherwise legally 
acceptable, a waiver or modification of the standards must be obtained.

(Sec. 205 (c), 63 Stat. 1390, 40 U.S.C. 486(c))

[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978; 
49 FR 31625, Aug. 7, 1984]



Sec. 101-19.605  Waiver or modification of standards.

    The applicability of the standards set forth in this subpart may be 
modified or waived on a case-by-case basis upon application to GSA by 
the head of the department, agency, or instrumentality of the United 
States concerned only if the Administrator of General Services 
determines that such waiver of modification is clearly necessary.



Sec. 101-19.606  Recordkeeping.

    The administering agency's file on each contract or grant for the 
design, construction, lease, or alteration of a building as defined in 
Sec. 101-19.602 shall be documented with a statement either:
    (a) That the standards are applicable to and have been or will be 
incorporated in the design, the construction, or the alteration, (b) 
that the grant has been or will be made subject to a requirement that 
the standards will be incorporated in the design, the construction, or 
the alteration; (c) that the standards have been waived by the 
Administrator of General Services (in which event the justification for 
the waiver shall be stated); (d) that the project is within one of the 
exceptions set out in Sec. 101-19.604 (the specific exception shall be 
identified and justified); or (e) such other statements as

[[Page 121]]

may be appropriate with respect to application of the standards to the 
contract or grant. The head of each agency shall be responsible for 
implementing the file documentation requirement by regulation or other 
appropriate means. The documentation shall be made available to the 
Administrator of General Services upon request.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

[43 FR 16480, Apr. 19, 1978]



Sec. 101-19.607  Reporting.

    (a) Annually each administering agency shall prepare and submit to 
the Administrator of General Services reports covering all projects 
subject to the requirements of this subpart 101-19.6 for which funds 
have been appropriated or for which a contract, grant, or loan has been 
approved (whichever is applicable) and which are still under design or 
construction, or buildings for which lease contracts have been awarded. 
Once a project has been reported as being occupied, it need not be 
included in subsequent reports. Lease projects need to be reported only 
during the period in which the award was made. All reports should be 
prepared on GSA Form 2974, Status Report for Federally Funded or Leased 
Buildings--Accommodation of Physically Handicapped. Interagency reports 
control number 0031-GSA-AN has been assigned to this report.
    (b) The annual reporting period, for purposes of this requirement, 
ends on the last day of August. Reports will be due on the fifteenth 
calendar day of the following month. The initial report will cover 
facilities subject to this reporting requirement during the period from 
September 1, 1981, through August 31, 1982.
    (c) Reports will be used for surveys and investigations to ensure 
compliance with The Architectural Barriers Act, as amended, pursuant to 
the requirements of the act.

(Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)))

[44 FR 39393, July 6, 1979, as amended at 48 FR 15629, Apr. 12, 1983]

[[Page 122]]


            Appendix A to Subpart 101-19.6--Uniform Federal 
                        Accessibility Standards
    [GRAPHIC] [TIFF OMITTED] TC05NO91.000
    

[[Page 123]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.001


[[Page 124]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.002


[[Page 125]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.003


[[Page 126]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.004


[[Page 127]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.005


[[Page 128]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.006


[[Page 129]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.007


[[Page 130]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.008


[[Page 131]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.009


[[Page 132]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.010


[[Page 133]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.011


[[Page 134]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.012


[[Page 135]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.013


[[Page 136]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.014


[[Page 137]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.015


[[Page 138]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.016


[[Page 139]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.017


[[Page 140]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.018


[[Page 141]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.019


[[Page 142]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.020


[[Page 143]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.021


[[Page 144]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.022


[[Page 145]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.023


[[Page 146]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.024


[[Page 147]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.025


[[Page 148]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.026


[[Page 149]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.027


[[Page 150]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.028


[[Page 151]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.029


[[Page 152]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.030


[[Page 153]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.031


[[Page 154]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.032


[[Page 155]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.033


[[Page 156]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.034


[[Page 157]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.035


[[Page 158]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.036


[[Page 159]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.037


[[Page 160]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.038


[[Page 161]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.039


[[Page 162]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.040


[[Page 163]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.041


[[Page 164]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.042


[[Page 165]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.043


[[Page 166]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.044


[[Page 167]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.045


[[Page 168]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.046


[[Page 169]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.047


[[Page 170]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.048


[[Page 171]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.049


[[Page 172]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.050


[[Page 173]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.051


[[Page 174]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.052


[[Page 175]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.053


[[Page 176]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.054


[[Page 177]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.055


[[Page 178]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.056


[[Page 179]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.057


[[Page 180]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.058


[[Page 181]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.059


[[Page 182]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.060


[[Page 183]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.061


[[Page 184]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.062


[[Page 185]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.063


[[Page 186]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.064


[[Page 187]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.065


[[Page 188]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.066


[[Page 189]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.067


[[Page 190]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.068


[[Page 191]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.069


[[Page 192]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.070


[[Page 193]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.071


[[Page 194]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.072


[[Page 195]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.073


[[Page 196]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.074


[[Page 197]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.075


[[Page 198]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.076


[[Page 199]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.077


[[Page 200]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.078


[[Page 201]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.079


[[Page 202]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.080


[[Page 203]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.081


[[Page 204]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.082


[[Page 205]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.083


[[Page 206]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.084


[[Page 207]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.085


[[Page 208]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.086


[[Page 209]]


[GRAPHIC] [TIFF OMITTED] TC05NO91.087

[49 FR 31532 and 31625, Aug. 7, 1984, as amended at 50 FR 49046, Nov. 
29, 1985; 54 FR 12628, Mar. 28, 1989]

[[Page 210]]

Subparts 101-19.7--101-19.47 [Reserved]



                       Subpart 101-19.48--Exhibits



Sec. 101-19.4800  Scope of subpart.

    This subpart 101-19.48 illustrates information referred to in the 
text of part 101-19 but not suitable for inclusion elsewhere in that 
part.



Sec. 101-19.4801  Memorandum of understanding between the Department of Housing and Urban Development and the General Services Administration concerning low- 
          and moderate-income housing.

Memorandum of Understanding Between the Department of Housing and Urban 
Development and the General Services Administration Concerning Low- and 
                         Moderate-Income Housing

    Purpose. The purpose of the memorandum of understanding is to 
provide an effective, systematic arrangement under which the Federal 
Government, acting through HUD and GSA, will fulfill its 
responsibilities under law, and as a major employer, in accordance with 
the concepts of good management, to assure for its employees the 
availability of low- and moderate-income housing without discrimination 
because of race, color, religion, or national origin, and to consider 
the need for development and redevelopment of areas and the development 
of new communities and the impact on improving social and economic 
conditions in the area, whenever Federal Government facilities locate or 
relocate at new sites, and to use its resources and authority to aid in 
the achievement of these objectives.
    1. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601) 
states, in section 801, that ``It is the policy of the United States to 
provide, within constitutional limitations, for fair housing throughout 
the United States.'' Section 808(a) places the authority and 
responsibility for administering the Act in the Secretary of Housing and 
Urban Development. Section 808(d) requires all executive departments and 
agencies to administer their programs and activities relating to housing 
and urban development in a manner affirmatively to further the purposes 
of title VIII (fair housing) and to cooperate with the Secretary to 
further such purposes. Section 808(e)(5) provides that the Secretary of 
HUD shall administer the programs and activities relating to housing and 
urban development in a manner affirmatively to further the policies of 
title VIII.
    2. Section 2 of the Housing Act of 1949 (42 U.S.C. 1441) declares 
the national policy of ``* * * the realization as soon as feasible of 
the goal of a decent home and a suitable living environment for every 
American family * * *.'' This goal was reaffirmed in the Housing and 
Urban Development Act of 1968 (sections 2 and 1601; 12 U.S.C. 1701t and 
42 U.S.C. 1441a).
    3. By virtue of the Public Buildings Act of 1959, as amended; the 
Federal Property and Administrative Services Act of 1949, as amended; 
and Reorganization Plan No. 18 of 1950, the Administrator of General 
Services is given certain authority and responsibility in connection 
with planning, developing, and constructing Government-owned public 
buildings for housing Federal agencies, and for acquiring leased space 
for Federal agency use.
    4. Executive Order 11512, February 27, 1970, sets forth the policies 
by which the Administrator of General Services and the heads of 
executive agencies will be guided in the acquisition of both federally 
owned and leased office buildings and space.
    5. While Executive Order No. 11512 provides that material 
consideration will be given to the efficient performance of the missions 
and programs of the executive agencies and the nature and functions of 
the facilities involved, there are six other guidelines set forth, 
including:
    The need for development and redevelopment of areas and the 
development of new communities, and the impact a selection will have on 
improving social and economic conditions in the area; and
    The availability of adequate low- and moderate-income housing, 
adequate access from other areas of the urban center, and adequacy of 
parking.
    6. General Services Administration (GSA) recognizes its 
responsibility, in all its determinations with respect to the 
construction of Federal buildings and the acquisition of leased space, 
to consider to the maximum possible extent the availability of low- and 
moderate-income housing without discrimination because of race, color, 
religion, or national origin, in accordance with its duty affirmatively 
to further the purposes of title VIII of the Civil Rights Act of 1968 
and with the authorities referred to in paragraph 2 above, and the 
guidelines referred to in paragraph 5 above, and consistent with the 
authorities cited in paragraphs 3 and 4 above. In connection with the 
foregoing statement, it is recognized that all the guidelines must be 
considered in each case, with the ultimate decision to be made by the 
Administrator of General Services upon his determination that such 
decision will improve the management and administration of governmental 
activities and services, and will foster the programs and policies of 
the Federal Government.
    7. In addition to its fair housing responsibilities, the 
responsibilities of HUD include

[[Page 211]]

assisting in the development of the Nation's housing supply through 
programs of mortgage insurance, home ownership and rental housing 
assistance, rent supplements, below market interest rates, and low-rent 
public housing. Additional HUD program responsibilities which relate or 
impinge upon housing and community development include comprehensive 
planning assistance, metropolitan area planning coordination, new 
communities, relocation, urban renewal, model cities, rehabilitation 
loans and grants, neighborhood facilities grants, water and sewer 
grants, open space, public facilities loans, Operation BREAKTHROUGH, 
code enforcement, workable programs, and others.
    8. In view of its responsibilities described in paragraphs 1 and 7 
above, HUD possesses the necessary expertise to investigate, determine, 
and report to GSA on the availability of low- and moderate-income 
housing on a nondiscriminatory basis and to make findings as to such 
availability with respect to proposed locations for a federally-
constructed building or leased space which would be consistent with such 
reports. HUD also possesses the necessary expertise to advise GSA and 
other Federal agencies with respect to actions which would increase the 
availability of low- and moderate-income housing on a nondiscriminatory 
basis, once a site has been selected for a federally-constructed 
building or a lease executed for space, as well as to assist in 
increasing the availability of such housing through its own programs 
such as those described in paragraph 7 above.
    9. HUD and GSA agree that:
    (a) GSA will pursue the achievement of low- and moderate-income 
housing objectives and fair housing objectives, in accordance with its 
responsibilities recognized in paragraph 6 above, in all determinations, 
tentative and final, with respect to the location of both federally 
constructed buildings and leased buildings and space, and will make all 
reasonable efforts to make this policy known to all persons, 
organizations, agencies and others concerned with federally owned and 
leased buildings and space in a manner which will aid in achieving such 
objectives.
    (b) In view of the importance to the achievement of the objectives 
of this memorandum of agreement of the initial selection of a city or 
delineation of a general area for location of public buildings or leased 
space, GSA will provide the earliest possible notice to HUD of 
information with respect to such decisions so that HUD can carry out its 
responsibilities under this memorandum of agreement as effectively as 
possible.
    (c) Government-owned Public Buildings Projects:
    (1) In the planning for each new public buildings project under the 
Public Buildings Act of 1959, during the survey preliminary to the 
preparation and submission of a project development report, 
representatives of the regional office of GSA in which the project is 
proposed will consult with, and receive advice from, the regional office 
of HUD, and local planning and housing authorities concerning the 
present and planned availability of low- and moderate-income housing on 
a nondiscriminatory basis in the area where the project is to be 
located. Such advice will constitute the principal basis for GSA's 
consideration of the availability of such housing in accordance with 
paragraphs 6 and 9(a). A copy of the prospectus for each project which 
is authorized by the Committees on Public Works of the Congress in 
accordance with the requirements of section 7(a) of the Public Buildings 
Act of 1959, will be provided to HUD.
    (2) When a site investigation for an authorized public buildings 
project is conducted by regional representatives of GSA to identify a 
site on which the public building will be constructed, a representative 
from the regional office of HUD will participate in the site 
investigation for the purposes of providing a report on the availability 
of low- and moderate-income housing on a nondiscriminatory basis in the 
area of the investigation. Such report will constitute the principal 
basis for GSA's consideration of the availability of such housing in 
accordance with paragraphs 6 and 9(a).
    (d) Major lease actions having a significant socioeconomic impact on 
a community: At the time GSA and the agencies who will occupy the space 
have tentatively delineated the general area in which the leased space 
must be located in order that the agencies may effectively perform their 
missions and programs, the regional representative of HUD will be 
consulted by the regional representative of GSA who is responsible for 
the leasing action to obtain advice from HUD concerning the availability 
of low- and moderate-income housing on a nondiscriminatory basis to the 
delineated area. Such advice will constitute the principal basis for 
GSA's consideration of the availability of such housing in accordance 
with paragraphs 6 and 9(a). Copies of lease-construction prospectuses 
approved by the Committees on Public Works of the Congress in conformity 
with the provisions of the Independent Offices and Department of Housing 
and Urban Development appropriation acts, will be provided to HUD.
    (e) GSA and HUD will each issue internal operating procedures to 
implement this memorandum of understanding within a reasonable time 
after its execution. These procedures shall recognize the right of HUD, 
in the event of a disagreement between HUD and GSA representatives at 
the area or regional level, to bring such disagreement to

[[Page 212]]

the attention of GSA officials at headquarters in sufficient time to 
assure full consideration of HUD's views, prior to the making of a 
determination by GSA.
    (f) In the event a decision is made by GSA as to the location of a 
federally constructed building or leased space, and HUD has made 
findings, expressed in the advice given or a report made to GSA, that 
the availability to such location of low- and moderate-income housing on 
a nondiscriminatory basis is inadequate, the GSA shall provide the DHUD 
with a written explanation why the location was selected.
    (g) Whenever the advice or report provided by HUD in accordance with 
paragraph 9(c)(1), 9(c)(2), or 9(d) with respect to an area or site 
indicates that the supply of low-and moderate-income housing on a 
nondiscriminatory basis is inadequate to meet the needs of the personnel 
of the agency involved, GSA and HUD will develop an affirmative action 
plan designed to insure that an adequate supply of such housing will be 
available before the building or space is to be occupied or within a 
period of 6 months thereafter. The plan should provide for commitments 
from the community involved to initiate and carry out all feasible 
efforts to obtain a sufficient quantity of low- and moderate-income 
housing available to the agency's personnel on a nondiscriminatory basis 
with adequate access to the location of the building or space. It should 
include commitments by the local officials having the authority to 
remove obstacles to the provision of such housing, when such obstacles 
exist, and to take effective steps to assure its provision. The plan 
should also set forth the steps proposed by the agency to develop and 
implement a counseling and referral service to seek out and assist its 
personnel to obtain such housinng. As part of any plan during, as well 
as after its development, HUD agrees to give priority consideration to 
applications for assistance under its housing programs for the housing 
proposed to be provided in accordance with the plan.
    10. This memorandum will be reviewed at the end of 1 year, and 
modified to incorporate any provision necessary to improve its 
effectiveness in light of actual experience.



                Subpart 101-19.49--Illustration of Forms



Sec. 101-19.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other parts of part 101-19.



Sec. 101-19.4901  [Reserved]



Sec. 101-19.4902  GSA forms.

    (a) The GSA forms are illustrated in this Sec. 101-19.4902 to show 
their text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
GSA form numbers.
    (b) Agency field offices may obtain their initial supply of GSA Form 
2974, Status Report for Federally Funded or Leased Buildings--
Accommodation of Physically Handicapped, November 1981, from General 
Services Administration (WBRDD), Union and Franklin Streets Annex, 
Building 11, Alexandria, VA 22314. Agency field offices should submit 
all future requirements to their Washington headquarters office, which 
will then forward consolidated annual requirements to General Services 
Administration (ORA) Washington, DC 20405.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

[39 FR 23214, June 27, 1974, as amended at 48 FR 15629, Apr. 12, 1983]



Sec. 101-19.4902-2974  GSA Form 2974, Status Report for Federally Funded or Leased Buildings--Accommodation of Physically Handicapped.

    Note: The form illustrated in this Sec. 101-19.4902-2974 is filed 
with the original document and does not appear in this volume.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

[48 FR 15629, Apr. 12, 1983]



PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS--Table of Contents




Sec.
101-20.000  Scope of part.
101-20.001  Authority.
101-20.002  Basic policy.
101-20.002-1  Government-owned buildings.
101-20.002-2  Leased buildings.
101-20.003  Definitions.

   Subpart 101-20.1-Building Operations, Maintenance, Protection, and 
                               Alterations

101-20.101  Building systems.
101-20.102  Cleaning and maintenance.
101-20.103  Physical protection and building security.
101-20.103-1  Standard protection.
101-20.103-2  Special protection.
101-20.103--3  Responsibilities of occupant agencies.

[[Page 213]]

101-20.103-4  Occupant Emergency Program.
101-20.103-5  Initiating action under Occupant Emergency Programs.
101-20.104  Parking facilities.
101-20.104-1  Allocation and assignment of parking for official needs.
101-20.104-2  Allocation and assignment of employee parking spaces.
101-20.104-3  Utilization of parking.
101-20.104-4  Guidelines for agency implementation.
101-20.105  Accident and fire prevention.
101-20.105-1  Responsibilities of occupant agencies.
101-20.105-2  Correction of hazardous conditions.
101-20.105-3  Smoking.
101-20.106  Reimbursable services.
101-20.106-1  Placing of orders for reimbursable alterations by occupant 
          agencies.
101-20.106-2  Limitations on provision of reimbursable services by GSA.
101-20.107  Energy conservation.
101-20.108  Staggered hours of duty.
101-20.109  Concessions.

      Subpart 101-20.2--Vending Facility Program for Blind Persons

101-20.200  Scope of subpart.
101-20.201  Policy.
101-20.202  Establishing vending facilities.
101-20.203  Application for permit.
101-20.204  Terms of permit.
101-20.205  Enforcement procedures.
101-20.206  Reports.

              Subpart 101-20.3--Conduct on Federal Property

101-20.300  Applicability.
101-20.301  Inspection.
101-20.302  Admission to property.
101-20.303  Preservation of property.
101-20.304  Conformity with signs and directions.
101-20.305  Disturbances.
101-20.306  Gambling.
101-20.307  Alcoholic beverages and narcotics.
101-20.308  Soliciting, vending, and debt collection.
101-20.309  Posting and distributing materials.
101-20.310  Photographs for news, advertising, or commercial purposes.
101-20.311  Dogs and other animals.
101-20.312  Vehicular and pedestrian traffic.
101-20.313  Explosives.
101-20.314  Nondiscrimination.
101-20.315  Penalties and other laws.

          Subpart 101-20.4--Occasional Use of Public Buildings

101-20.400  Scope of subpart.
101-20.401  Applications for permits.
101-20.402  Permits.
101-20.403  Disapproval of applications or cancellation of permits.
101-20.404  Appeals.
101-20.405  Schedules of use.
101-20.406  Hours of use.
101-20.407  Services and costs.
101-20.408  Conduct.
101-20.409  Non-affiliation with the Government.

    Subpart 101-20.5--Sidewalk Installation, Repair, and Replacement

101-20.500  Scope of subpart.
101-20.501  Responsibilities.
101-20.502  Standards.

    Authority: 40 U.S.C. 486(c).

    Source: 52 FR 11263, Apr. 8, 1987, unless otherwise noted.



Sec. 101-20.000  Scope of part.

    (a) The regulations in this part prescribe policies and procedures 
for the management, operation, protection, and maintenance of 
Government-owned and- leased buildings and grounds under the assignment 
responsibility of GSA.
    (b) For more information on the management of buildings and grounds, 
see 41 CFR parts 102-71 through 102-82. To the extent that any policy 
statements in this part are inconsistent with the policy statements in 
41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR 
parts 102-71 through 102-82 are controlling.

[52 FR 11263, Apr. 8, 1987, as amended at 66 FR 5359, Jan. 18, 2001]



Sec. 101-20.001  Authority.

    This part 101-20 implements the Act of July 1, 1898 (40 U.S.C. 285); 
the Act of April 28, 1902 (40 U.S.C. 19); the Act of March 1, 1919 (40 
U.S.C. 1); the Act of June 23, 1923 (40 U.S.C. 281); the Act of May 27, 
1924 (D.C. Code, 1961 ed., 4-208); the Act of June 20, 1936 (20 U.S.C. 
107 et seq.); the Act of December 10, 1941 (40 U.S.C. 291); the Act of 
May 14, 1948 (40 U.S.C. 130); the Act of June 1, 1948 (40 U.S.C. 318 et 
seq.); the Federal Property and Administrative Services Act of 1949 (63 
Stat. 377 as amended); the Reorganization Plan No. 18 of 1950 (40 U.S.C. 
490 note; 3 CFR); the Public Buildings Act of 1950 (73 Stat. 479) as 
amended; and the Public Buildings Amendments of 1972 (40 U.S.C. 602a).

[[Page 214]]



Sec. 101-20.002  Basic policy.

    It is the responsibility of GSA to provide or otherwise arrange for 
all services required to house occupant agencies. GSA shall provide 
fully service space equivalent to that furnished in commercial practice.



Sec. 101-20.002-1  Government-owned buildings.

    (a) GSA will provide space alterations, repairs, and improvements 
sufficient to meet the mission requirements of occupant agencies, 
including mechanical and electrical systems which meet nationally 
recognized standards, within the limitations of available funding. When 
alterations are required, alterations which are essential for 
performance of agency missions or which improve the utilization rate 
shall be given priority over other alterations. Alterations solely for 
decorative or non-essential purposes shall be avoided.
    (b) GSA will ensure that space assigned to agencies is safe and that 
employees and visitors are not exposed to unnecessary risks.
    (c) Buildings will be cleaned and maintained at a service level 
equivalent to that normally furnished commercially in similar space.
    (d) GSA will make every effort to provide or arrange for a 
reasonable amount of protective services to ensure the physical security 
of occupants and visitors, to safeguard the Government's property 
interests, and to maintain order.
    (e) GSA shall ensure that physically handicapped persons will have 
ready access to space assigned to occupant agencies. GSA shall provide 
building standards and shall prescribe and enforce appropriate 
guidelines in accordance with applicable statutes, regulations and 
executive orders.
    (f) GSA is responsible for ensuring the availability of parking 
spaces for officials needs. Parking priorities are as established in 
Sec. 101-20.104.
    (g) Services in addition to those normally provided in the 
commercial sector shall be arranged by GSA on a reimbursable basis, as 
provided in Sec. 101-20.106.
    (h) GSA may, by agreement with occupant agencies, delegate authority 
to perform specified functions with respect to the operation, 
maintenance or repair of GSA-assigned space.
    (i) GSA will maintain a comprehensive energy management program to 
reduce energy consumption and costs in Federal buildings. GSA will apply 
energy-efficient and economical operating and maintenance procedures, 
will make cost-effective repairs and alterations, will incorporate 
design features which will minimize the life cycle cost of buildings, 
and will ensure continuity of services through contingency planning.
    (j) Occupant agencies shall assist in the management of buildings by 
exercising economy in the use of utilities, by observing professional 
standards of neatness and cleanliness, and by taking all reasonable 
precautions to avoid the risk of accidents and fires. Occupant agencies 
shall also document and report to GSA any hazardous or unhealthy 
conditions in GSA-assigned space.
    (k) Consultations with occupant agencies and their safety 
representatives will be held whenever substantial alterations or repairs 
are proposed to be undertaken, or when GSA proposes to make significant 
changes to the standard level of services. GSA will consider the 
comments of occupant agencies before final decisions are made. GSA will 
make every reasonable effort to involve representatives of occupant 
agencies in the planning for such proposed alterations, repairs, and 
changes in services.
    (l) It is the general policy of GSA to provide space and systems 
which substantially conform to nationally recognized standards, when 
applicable. GSA may, however, adopt other standards for space and 
systems in Federally-controlled facilities in order to conform to 
diverse statutory requirements, to implement cost-reduction efforts, or 
to better effect overall Government objectives.



Sec. 101-20.002-2  Leased buildings.

    (a) Standards for space and services in leased buildings will be 
equivalent to standards for Government-owned

[[Page 215]]

space. However, the scope of the functions performed by GSA will be 
modified to reflect the lessor's responsibilities for operations, 
maintenance and protection under the terms of the lease.
    (b) Alterations, improvements and repairs in leased buildings shall 
be performed by GSA to the extent of the Government's responsibility 
under the lease. Such alterations shall not, however, exceed the 
limitations of the Economy Act (40 U.S.C. 278(a)) except as otherwise 
provided by law.
    (c) Occupant agencies are not authorized to negotiate with lessors 
or to place orders for alterations or building services, except where 
such authority has been specifically delegated by GSA, and except as 
provided in Sec. 101-20.106-2 regarding reimbursable services.



Sec. 101-20.003  Definitions.

    (a) Alteration means remodeling, improving, extending, or making 
other changes to a facility, exclusive of maintenance repairs which are 
preventive in nature. The term includes planning, engineering, 
architectural work, and other similar actions.
    (b) Blanket work authorization means an open-end agreement with an 
agency with an agreed upon maximum dollar ceiling where there is an on-
going account for processing small requests for reimbursable services. 
The need for the service is clearly recognized, but exactly when the 
service must be rendered during the fiscal year is unclear.
    (c) Carpool means a group of two or more people regularly using a 
motor vehicle for transportation to and from work on a continuing basis, 
regardless of their relationship to each other. The number of persons in 
a carpool will normally be the basis for priority of assignments.
    (d) Commercial activities, within the meaning of subpart 101-20.4, 
are activities undertaken for the primary purpose of producing a profit 
for the benefit of an individual or organization organized for profit. 
(Activities where commercial aspects are incidental to the primary 
purpose of expression of ideas or advocacy of causes are not 
``commercial activities'' for purposes of these regulations.)
    (e) Crime prevention assessments are formal, on-site reviews which 
consist of a detailed survey, review, and analysis of an occupant 
agency's vulnerability to criminal activity. In addition to the normal 
process of a physical security survey, it involves an intensive review 
of an occupant's and/or building's operation and administrative 
procedures. It is designed to identify specific weaknesses and to 
recommend cost-effective, positive steps to Federal managers in dealing 
with criminal threats and occurrences.
    (f) Cultural activities include, but are not limited to, films 
dramatics dances, and musical presentations, and fine art exhibits, 
whether or not these activities are intended to make a profit.
    (g) The Designated Official is the highest ranking official of the 
primary occupant agency of a Federal facility; or, alternatively, a 
designee selected by mutual agreement of occupant agency officials.
    (h) Educational activities mean activities such as (but not limited 
to) the operation of schools, libraries, day care centers, laboratories, 
and lecture or demonstration facilities.
    (i) The term emergency includes bombings and bomb threats, civil 
disturbances, fires, explosions, electrical failures, loss of water 
pressure, chemical and gas leaks, medical emergencies, hurricanes, 
tornadoes, floods, and earthquakes. The term does not apply to civil 
defense matters such as potential or actual enemy attacks. Note: Civil 
defense emergencies are addressed by the Federal Emergency Management 
Agency.
    (j) Executive means a Government employee with management 
responsibilities which, in the judgment of the employing agency head or 
his/her designee, require preferential assignment of parking privileges.
    (k) Flame-resistant means meeting performance standards as described 
by the National Fire Protection Association (NFPA Standard No. 701). 
Fabrics labeled with the Underwriters Laboratories Inc. classification 
marking for flammability are deemed to be flame-resistant for purposes 
of this regulation.
    (l) Foot-candle is the illumination on a surface one square foot in 
area on

[[Page 216]]

which there is a uniformly distributed flux of one lumen, or the 
illuminance produced on a surface all points of which are at a distance 
of one foot from a directionally uniform point source of one candela.
    (m) GSA Regional Officer, within the meaning of subpart 101-20.4, 
means the regional director of the Buildings Management Division of GSA 
designated to supervise the implementation of the Public Buildings 
Cooperative Use Act's occasional use provisions.
    (n) Handicapped employee means an employee who has a severe, 
permanent impairment which for all practical purposes precludes the use 
of public transportation, or an employee who is unable to operate a car 
as a result of permanent impairment who is driven to work by another. 
Priority may require certification by an agency medical unit, including 
the Veterans Administration or the Public Health Service.
    (o) Indefinite quantity contract (commonly referred to as ``term 
contract'') provides for the furnishing of an indefinite quantity, 
within stated limits, of specific property or services during a 
specified contract period, with deliveries to be scheduled by the timely 
placement of orders upon the contractor by activities designated either 
specifically or by class.
    (p) Life cycle cost is the total cost of owning, operating, and 
maintaining a building over its useful life, including its fuel and 
energy costs, determined on the basis of a systematic evaluation and 
comparison of alternative building systems; except that in the case of 
leased buildings, the life cycle cost shall be calculated over the 
effective remaining term of the lease.
    (q) Limited combustible means rigid materials or assemblies which 
have fire hazard ratings not exceeding 25 for flame spread and 150 for 
smoke development when tested in accordance with the American Society 
for Testing and Materials, Test E 84, Surface Burning Characteristics of 
Building Materials.
    (r) Maintenance means preservation by inspection, adjustment, 
lubrication, cleaning, and the making of minor repairs. Ordinary 
maintenance means routine recurring work which is incidental to everyday 
operations; preventive maintenance means work programmed at scheduled 
intervals.
    (s) The term nationally recognized standards encompasses any 
standard or modification thereof which:
    (1) Has been adopted and promulgated by a nationally recognized 
standards-producing organization under procedures whereby those 
interested and affected by it have reached substantial agreement on its 
adoption, or
    (2) Was formulated through consultation by appropriate Federal 
agencies in a manner which afforded an opportunity for diverse views to 
be considered.
    (t) Normally furnished commercially means in conformance with the 
level of services provided by a commercial building operator for space 
of comparable quality, housing tenants with comparable requirements. 
Service levels are based on the effort required to service space for a 
five-day week, one eight-hour shift schedule.
    (u) Occupant agency means an organization which is assigned space in 
a facility under GSA's custody and control through the formal procedures 
outlined in part 101-17 of the Federal Property Management Regulations.
    (v) Occupancy Emergency Organization means the emergency response 
organization comprised of employees of Federal agencies designated to 
perform the requirements established by the Occupant Emergency Plan.
    (w) Occupant Emergency Plan means procedures developed to protect 
life and property in a specific Federally-occupied space under 
stipulated emergency conditions.
    (x) Occupant Emergency Program means a short-term emergency response 
program. It establishes procedures for safeguarding lives and property 
during emergencies in particular facilities.
    (y) Postal vehicle means a Government-owned vehicle used for the 
transportation of mail, or a privately owned vehicle used under contract 
for the transportation of mail.
    (z) Public area means any area of a building under the control and 
custody of GSA which is ordinarily open to members of the public, 
including lobbies, courtyards, auditoriums, meeting

[[Page 217]]

rooms, and other such areas not assigned to a lessee or occupant agency.
    (aa) Recognized labor organization means a labor organization 
recognized under title VII of the Civil Service Reform Act of 1978 
(Public Law 95-454) governing labor-management relations.
    (bb) Recreational activities include, but are not limited to, the 
operations of gymnasiums and related facilities.
    (cc) Ridesharing means the sharing of the commute to and from work 
by two or more people, on a continuing basis, regardless of their 
relationship to each other, in any mode of transportation including, but 
not limited to, carpools, vanpools, buspools and mass transit.
    (dd) Special space alterations are those alterations required by 
occupant agencies that are beyond those standard alterations provided by 
GSA under the SLUC system and are reimbursable from the requesting 
agency.
    (ee) State means the fifty States, political subdivisions thereof, 
the District of Columbia, the Commonwealths of Puerto Rico and Guam, and 
the territories and possessions of the United States.
    (ff) Unit price agreement provides for the furnishing of an 
indefinite quantity, within stated limits, of specific property or 
services at a specified price, during a specified contract period, with 
deliveries to be scheduled by the timely placement of orders upon the 
lessor by activities designated either specifically or by class.
    (gg) Unusual hours means work hours that are frequently required to 
be varied and do not coincide with any regular work schedule. This 
category includes individuals who regularly or frequently work 
significantly more than 8 hours per day. Unusual hours does not include 
shift workers, those on alternate work schedules, and those granted 
exceptions to the normal work schedule (e.g., flex-time).
    (hh) Vanpool means a group of at least 8 persons using a passenger 
van or a commuter bus designed to carry 10 or more passengers. Such a 
vehicle must be used for transportation to and from work in a single 
daily round trip. The number of persons in a vanpool will normally be 
the basis for priority of assignments.
    (ii) Zonal allocations means the allocation of parking spaces on the 
basis of zones established by GSA in conjunction with occupant agencies. 
In metropolitan areas where this method is used, all agencies located in 
a designated zone will compete for available parking in accordance with 
instructions issued by GSA. In establishing this procedure, GSA will 
consult with all affected agencies.



  Subpart 101-20.1--Building Operations, Maintenance, Protection, and 
                               Alterations



Sec. 101-20.101  Building systems.

    (a) Structural features and mechanical and electrical systems in 
GSA-assigned space shall be adequate for the needs of occupant agencies. 
Such systems will comply with applicable GSA fire safety criteria and 
with standards prescribed under the Occupational Safety & Health Act 
(OSHA). GSA will take all measures necessary to comply with energy 
conservation objectives as promulgated by relevant statutes, 
regulations, and executive orders.
    (b) No modification shall be made to buildings, or equipment which 
will exceed the building design loads or exceed the capacities of 
electrical, mechanical, and protection systems. No modifications which 
adversely alter the performance of building systems, or which create 
safety and health hazards, as determined by GSA safety and health 
representatives, shall be made.
    (c) Occupant agencies shall obtain GSA approval for any 
modifications proposed to be made with their own forces. This approval 
requirement applies to the moving or installation of unusually heavy 
equipment, to electrical appliances such as heaters, refrigerators, and 
cooking equipment, and to employee-owned equipment.
    (d) Occupant agencies shall conform to GSA accident and fire 
prevention policy, shall observe all OSHA requirements, and shall comply 
with applicable local safety regulations.



Sec. 101-20.102  Cleaning and maintenance.

    GSA shall provide:

[[Page 218]]

    (a) Cleaning for all assigned space at a level equivalent to the 
cleaning furnished commercially for similar types of space.
    (b) Maintenance of building systems for heating and cooling, and 
maintenance of plumbing, electrical, and elevator systems.
    (c) Maintenance and repairs of exterior, grounds, sidewalks, 
driveways, and parking areas.
    (d) Maintenance of building equipment such as directory boards, 
clock systems, window shades, door locks, and door title cards.
    (e) [Reserved]
    (f) Maintenance of all safety and fire protection devices, 
equipment, and systems in a state of readiness in conformance with 
applicable laws, regulations, and standards.
    (g) Maintenance of all food service activities in accordance with 
applicable U.S. Public Health Service standards and local regulations.
    (h) Arrangements for raising and lowering the United States flags at 
appropriate times.

[52 FR 11263, Apr. 8, 1987, as amended at 66 FR 23169, May 8, 2001]



Sec. 101-20.103  Physical protection and building security.



Sec. 101-20.103-1  Standard protection.

    For properties under its custody and control, GSA will provide 
standard protection services by:
    (a) Responding to criminal occurrences, incidents, and 
lifethreatening events through the use of Federal Protective Officers 
and local law enforcement officers where a response agreement is in 
effect.
    (b) Installing and maintaining perimeter security devices and 
systems if they are monitored to provide timely response by authorized 
personnel;
    (c) Implementing crime prevention activities, including tenant 
awareness programs;
    (d) Investigating crimes and violations of Federal statutes, 
recording and evaluating reports of criminal incidents, and referring 
findings and evidence to appropriate enforcement agencies;
    (e) Entering into cooperative agreements with local law enforcement 
agencies;
    (f) Performing physical security surveys and providing security 
advisory services; or
    (g) Coordinating a comprehensive Occupant Emergency Program.
    (h) Periodically evaluating the effectiveness of protection services 
by in-depth inspections of procedures and records.



Sec. 101-20.103-2  Special protection.

    The degree of protection beyond standard levels required by the 
nature of an agency's activities or by unusual public reaction to an 
agency's programs will be determined jointly by GSA and the occupant 
agency. Special protection will be provided on a reimbursable basis. The 
level of special protection will be determined on a facility-by-facility 
basis, after the conducting of appropriate security surveys and crime 
prevention assessments. In such determinations, GSA and occupant 
agencies will consider:
    (a) The characteristics of the facility, including size, 
configuration, exterior lighting, and presence of physical barriers;
    (b) The location of the facility and the history of criminal or 
disruptive incidents in the surrounding neighborhoods; and
    (c) The reimbursable funding and resources available to GSA for 
provision of protective service.
    (d) Tenant agency's mission.



Sec. 101-20.103-3  Responsibilities of occupant agencies.

    Occupants of facilities under the custody and control of GSA shall:
    (a) Cooperate to the fullest extent with all pertinent facility 
procedures and regulations;
    (b) Promptly report all crimes and suspicious circumstances 
occurring on GSA-controlled property to the regional Law Enforcement 
Branch and other designated law enforcement agencies and then through 
internal agency channels;
    (c) Provide training to employees regarding protection and responses 
to emergency situations; and

[[Page 219]]

    (d) Make recommendations for improving the effectiveness of 
protection in Federal facilities.



Sec. 101-20.103-4  Occupant Emergency Program.

    (a) The Designated Official (as defined in Sec. 101-20.003(g)) is 
responsible for developing, implementing, and maintaining an Occupant 
Emergency Plan (as defined in Sec. 101-20.003(w)). The Designated 
Official's responsibilities include establishing, staffing, and training 
an Occupant Emergency Organization with agency employees. GSA shall 
assist in the establishment and maintenance of such plans and 
organizations.
    (b) All occupant agencies of a facility shall fully cooperate with 
the Designated Official in the implementation of the emergency plans and 
the staffing of the emergency organization.
    (c) GSA shall provide emergency program policy guidance, shall 
review plans and organizations annually, shall assist in training of 
personnel, and shall otherwise ensure proper administration of Occupant 
Emergency Programs (as defined in Sec. 101-20.003(x)). In leased space, 
GSA will solicit the assistance of the lessor in the establishment and 
implementation of plans.
    (d) In accordance with established criteria, GSA shall assist the 
Occupant Emergency Organization (as defined in Sec. 101-20.003(v)) by 
providing technical personnel qualified in the operation of utility 
systems and protective equipment.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]



Sec. 101-20.103-5  Initiating action under Occupant Emergency Programs.

    (a) The decision to activate the Occupant Emergency Organization 
shall be made by the Designated Official, or by the designated alternate 
official. Decisions to activate shall be based upon the best available 
information, including an understanding of local tensions, the 
sensitivity of target agency(ies), and previous experience with similar 
situations. Advice shall be solicited, when possible, from the GSA 
buildings manager, from the appropriate Federal Protective Service 
official, and from Federal, State, and local law enforcement agencies.
    (b) When there is immediate danger to persons or property, such as 
fire, explosion, or the discovery of an explosive device (not including 
a bomb threat), occupants shall be evacuated or relocated in accordance 
with the plan without consultation. This shall be accomplished by 
sounding the fire alarm system or by other appropriate means.
    (c) When there is advance notice of an emergency, the Designated 
Official shall initiate appropriate action according to the plan.
    (d) After normal duty hours, the senior Federal official present 
shall represent the Designated Official or his/her alternates and shall 
initiate action to cope with emergencies in accordance with the plans.



Sec. 101-20.104  Parking facilities.

    (a) Parking facilities shall be compatible with the character of 
neighborhoods and consistent with local planning requirements. They 
shall not adversely affect the use or appearance of property, and shall 
not create traffic hazards.
    (b) As necessary or upon agency request, GSA may provide for the 
regulation and policing of parking facilities. GSA will consult with 
primary occupant agencies prior to implementing procedural changes. Such 
regulation and policing may include:
    (1) The issuance of traffic rules and regulations;
    (2) The installation of signs and markings for traffic control. 
(Signs and markings shall be in conformance with the Manual on Uniform 
Traffic Control Devices published by the Department of Transportation);
    (3) The issuance of citations for parking violations; and
    (4) The immobilization or removal of illegally parked vehicles.
    (c) When the use of parking space is controlled as in paragraph (b) 
of this section, all privately owned vehicles other than those 
authorized to use designated visitor or service areas must display a 
parking permit. This requirement may be waived in parking facilities 
where the number of available space regularly exceeds the demand for 
such spaces.

[[Page 220]]

    (d) GSA may delegate the responsibility for management, regulation, 
and policing of parking facilities by agreement with occupant agencies 
or by contractual arrangements with lessors or parking management 
contractors. Where possible, existing contracts shall be amended or 
modified before renewal to conform with the policies of this regulation.
    (e) Privately owned vehicles converted for propane carburetion will 
not be permitted in underground parking facilities unless the owner 
provides to the occupant agency and the GSA buildings manager the 
installer's certification that the installation methods and equipment 
meet the standards in National Fire Protection Association (NFPA) 
Standard No. 58.



Sec. 101-20.104-1  Allocation and assignment of parking for official needs.

    GSA is responsible for ensuring the availability of parking spaces 
for official needs. GSA may, by mutual agreement, delegate allocation 
and assignment responsibilities to occupant agencies or boards, 
commissions, and similar groups. GSA and other agencies with assignment 
responsibilities shall determine the appropriate number of spaces at 
each facility for official purposes; such determinations will be based 
upon submissions of information from occupant agencies regarding their 
needs. Parking spaces in controlled facilities shall first be reserved 
for official needs, in the following order of priority:
    (a) At buildings containing U.S. Postal Service mailing operations, 
official postal vehicles.
    (b) Government-owned vehicles used for criminal apprehension, 
firefighting, and other emergency functions.
    (c) Privately owned vehicles of Federal judges appointed under 
Article III of the Constitution and of Members of Congress. (This 
priority does not extend to members of their staffs.)
    (d) Other Government-owned and leased vehicles, including motor pool 
vehicles and vehicles assigned for general use.
    (e) Service vehicles and vehicles of patrons and visitors. 
(Accommodations for handicapped visitors shall be provided when 
necessitated by agency program requirements. Agencies are encouraged to 
provide accommodations for handicapped visitors.)



Sec. 101-20.104-2  Allocation and assignment of employee parking spaces.

    (a) Parking spaces not required for official needs may be used for 
employee parking.
    (b) GSA (or other agencies having assignment responsibilities) will 
determine the total number of spaces available for employee parking. 
Normally, a separate determination will be made for each parking 
facility. In major metropolitan areas, however, GSA and occupant 
agencies may ascertain that zonal allocations would achieve more 
efficient use of space or equality in the availability of parking.
    (c) Space available for employee parking will be allocated for 
occupant agency use on a equitable basis. Allocations may be made in 
proportion to each agency's share of building space, office space, or 
total employee population, as appropriate. In certain cases, GSA may 
allow a third party, such as a board composed of representatives of 
agencies sharing space, to determine proper reallocations among the 
agencies.
    (d) Agencies shall in turn assign spaces to their employees, using 
the following order of priority:
    (1) Severely handicapped employees. Justifications based on medical 
opinion may be required.
    (2) Executive personnel and persons who work unusual hours.
    (3) Vanpool/carpool vehicles.
    (4) Privately owned vehicles of occupant agency employees which are 
regularly used for Government business at least 12 days per month and 
which qualify for reimbursement of mileage and travel expenses under 
Government travel regulations.
    (5) Other privately owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are made on a 
zonal basis, GSA and affected agencies may cooperate to issue additional 
rules, as appropriate.)

[[Page 221]]



Sec. 101-20.104-3  Utilization of parking.

    (a) Agencies shall develop, implement, and maintain ridesharing 
programs. (Guidelines for the administration of ridesharing programs are 
contained in FPMR Amendment A-36.)
    (b) GSA will take all feasible measures to improve the utilization 
of parking facilities. Such measures may include the conducting of 
surveys and studies, the periodic review of parking space allocations, 
the dissemination of parking information to agencies, the implementation 
of parking incentives which promote ridesharing, the use of stack 
parking practices where appropriate, and the employment of parking 
management contractors and concessionaires.



Sec. 101-20.104-4  Guidelines for agency implementation.

    (a) In most instances, the assignment of individual reserved spaces 
should be minimized; this allows the number of permits to be 
overallocated and results in increased efficiency.
    (b) In order to promote fuel conservation, reduce traffic 
congestion, reduce the demand for parking spaces, and reduce air 
pollution, agencies are encouraged to make available as many parking 
spaces as possible for the use of vanpools/carpools.
    (c) Agency procedures for the assignment of parking spaces should be 
maintained in writing. Provisions for reviewing assignments, enforcing 
compliance with regulations, and enforcing penalties for 
misrepresentation on applications are also recommended.
    (d) Occupant agencies should make every effort to schedule arrival 
and departure times for employees to facilitate ridesharing.
    (e) Subject to the availability of satisfactory and secure space and 
facilities, agencies should reserve areas for the parking of bicycles 
and other two-wheeled vehicles. Bicycles should not be transported on 
elevators or via stairways, nor should they be parked in offices.
    (f) Implementation of the provisions of this regulation may require 
consultation, as appropriate, with recognized labor organizations.



Sec. 101-20.105  Accident and fire prevention.

    Standards for GSA-assigned space will conform to those presented by 
the Occupational Safety and Health Act (OSHA) of 1970 (Public Law 91-
596); Executive Order 12196; 29 CFR part 1960, and applicable GSA fire 
and safety criteria. Occupants and visitors will not be exposed to 
unnecessary risks. Safeguards which minimize personal harm, property 
damage, and impairment of Governmental operations, and which allow 
emergency forces to accomplish their missions effectively, will be 
provided. To the maximum extent feasible, GSA will provide space which 
meets or exceeds these objectives.



Sec. 101-20.105-1  Responsibilities of occupant agencies.

    (a) Each occupant agency shall maintain a neat and orderly facility 
to minimize the risk of accidental injuries and fires. All exits, 
accesses to exits, and accesses to emergency equipment shall be kept 
clear at all times.
    (b) Hazardous explosive or combustible materials shall not be 
brought into buildings unless authorized by appropriate agency officials 
and by GSA and unless protective arrangements determined necessary by 
GSA have been provided. All draperies, curtains, or other hanging 
materials shall be of non-combustible or flame-resistant fabric. 
Freestanding partitions and space dividers shall be limited combustible, 
and fabric coverings shall also be flame resistant.
    (c) Occupant agencies shall cooperate with GSA to develop and 
maintain fire prevention programs. Such programs shall ensure the 
maximum safety of the occupants by:
    (1) Training employees to use protective equipment and educating 
employees to take appropriate fire safety precautions in their work, 
including participating in at least one fire drill each year, and
    (2) Ensuring that facilities are kept in the safest condition 
practicable, and conducting periodic inspections in accordance with 
Executive Order 12196 and 29 CFR part 1960.
    (d) Accidents resulting from building system or maintenance 
deficiencies

[[Page 222]]

which involve personal injury or property damage in GSA-assigned space 
will be reported immediately to the GSA buildings manager.
    (e) Each occupant agency shall appoint a safety, health and fire 
protection liaison to represent the occupant agency with GSA.



Sec. 101-20.105-2  Correction of hazardous conditions.

    (a) GSA is responsible for correcting hazards associated with the 
condition of the space it assigns, including hazards related to building 
features, fixtures, and systems. GSA is also responsible for correcting 
hazards in common, joint, and public use spaces. Occupant agencies are 
responsible for correcting hazards associated with their use of assigned 
space, including those related to the operation of their program 
equipment.
    (b) Hazardous conditions within the occupant agency's responsibility 
to correct shall be corrected within 30 workdays when possible. 
Imminently dangerous conditions shall be corrected immediately upon 
their discovery. If more than 30 workdays are required for correction, 
an abatement plan shall be prepared in accordance with 29 CFR part 1960. 
Corrective alteration measures may be undertaken in accordance with 
Sec. 101-20.106, Reimbursable services.
    (c) Conditions within GSA's responsibility to correct shall be 
identified, documented and presented to the GSA buildings manager. 
Imminently dangerous conditions shall be corrected immediately upon 
their discovery. When an imminently dangerous condition as defined by 29 
CFR 1960.28 exists, this report shall be made by telephone. Upon receipt 
of a properly documented report of hazardous conditions, GSA will 
promptly investigate, determine a plan to resolve the problems, and 
inform the occupant agency. Such reports shall state the hazardous 
condition and cite references to specific OSHA standards violated. In 
cases involving health problems, agencies shall provide to GSA an 
industrial hygienist's report of an investigation of the alleged 
problem, which must include a description of the problem, results of 
testing, and recommendations for correction. When resolution will take 
more than 30 workdays, GSA shall prepare an abatement plan in accordance 
with 29 CFR part 1960, shall furnish this plan to the occupant agency 
for review and subsequent follow-up, and shall give priority to prompt 
abatement of the conditions.



Sec. 101-20.105-3  Smoking.

    (a) Pursuant to Executive Order 13058, ``Protecting Federal 
Employees and the Public From Exposure to Tobacco Smoke in the Federal 
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the 
executive branch to establish a smoke-free environment for Federal 
employees and members of the public visiting or using Federal 
facilities. The smoking of tobacco products is prohibited in all 
interior space owned, rented, or leased by the executive branch of the 
Federal Government, and in any outdoor areas under executive branch 
control in front of air intake ducts.
    (b) Exceptions. (1) The policy does not apply in designated smoking 
areas that are enclosed and exhausted directly to the outside and away 
from air intake ducts, and are maintained under negative pressure (with 
respect to surrounding spaces) sufficient to contain tobacco smoke 
within the designated area. Agency officials shall not require workers 
to enter such areas during business hours while smoking is ongoing.
    (2) The policy does not extend to any residential accommodation for 
persons voluntarily or involuntarily residing, on a temporary or long 
term basis, in a building owned, leased, or rented by the Federal 
Government.
    (3) The policy does not extend to those portions of federally owned 
buildings leased, rented, or otherwise provided in their entirety to 
nonfederal parties.
    (4) The policy does not extend to places of employment in the 
private sector or in other nonfederal governmental units that serve as 
the permanent or intermittent duty station of one or more Federal 
employees.
    (5) Agency heads may establish limited and narrow exceptions that 
are necessary to accomplish agency missions. Such exceptions must be in 
writing, approved by the agency head, and

[[Page 223]]

to the fullest extent possible provide protection of nonsmokers from 
exposure to environmental tobacco smoke. Authority to establish such 
exceptions may not be delegated.
    (c) Agency heads have responsibility to determine which areas are to 
be smoking and which areas are to be non-smoking areas. In exercising 
this responsibility, agency heads will give appropriate consideration to 
the views of the employees affected and/or their representatives and are 
to take into consideration the health issues involved. Nothing in this 
section precludes an agency from establishing more stringent guidelines. 
Agencies in multi-tenant buildings are encouraged to work together to 
identify designated smoking areas.
    (d) Agency heads shall evaluate the need to restrict smoking at 
doorways and in courtyards under executive branch control in order to 
protect workers and visitors from environmental tobacco smoke, and may 
restrict smoking in these areas in light of this evaluation.
    (e) Agency heads shall be responsible for monitoring and controlling 
areas designated for smoking and for ensuring that these areas are 
identified by proper signs. Suitable uniform signs reading ``Designated 
Smoking Area'' shall be furnished and installed by the agency.
    (f) Suitable, uniform signs reading ``No Smoking Except in 
Designated Areas'' shall be placed on or near entrance doors of 
buildings subject to this section. These signs shall be furnished and 
installed by the GSA Building Manager in buildings operated by GSA. It 
shall not be necessary to display a sign in every room of each building.
    (g) This smoking policy applies to the judicial branch when it 
occupies space in buildings controlled by the executive branch. 
Furthermore, the Federal chief judge in a local jurisdiction may be 
deemed to be comparable to an agency head and may establish exceptions 
for Federal jurors and others as indicated in paragraph (b)(5) of this 
section.
    (h) Prior to implementation of this section, where there is an 
exclusive representative for the employees, the agencies shall meet 
their obligation under the Federal Service Labor-Management Relations 
Act (5 U.S.C. 7101 et seq.) In all other cases, agencies should consult 
directly with employees.

[63 FR 35846, July 1, 1998]



Sec. 101-20.106  Reimbursable services.

    Services in addition to those standard level services prescribed in 
Secs. 101-20.101 through 20.105 may be provided or arranged for by GSA 
on a reimbursable basis. Such services include:
    (a) Specialized security services beyond standard levels, such as 
guarding, ingress-egress control, inspection of packages, directed 
security patrols, and other similar activities;
    (b) Design, installation, maintenance, and operation of electronic 
systems such as intrusion-detection devices, duress-holdup alarms, and 
remote monitoring systems;
    (c) Utilities for specialized equipment, or for times when space 
conditioning beyond standard levels is required;
    (d) Construction and/or alterations necessary for installation of 
agency program equipment;
    (e) Space adjustments requested by an occupant agency for its 
convenience in moving activities within its already assigned space;
    (f) Janitorial and other services over and above standard levels;
    (g) Space alterations beyond the standard level provided by GSA;
    (h) Construction, installation, operation, maintenance, and repair 
of agency program equipment, and space adjustments required as a result 
of such installations;
    (i) Services of motion picture operators and other technicians 
required in the use of auditoriums, conference rooms, and special agency 
equipment; and
    (j) Office design, space planning, and office automation 
installation support and services.



Sec. 101-20.106-1  Placing of orders for reimbursable alterations by occupant agencies.

    (a) Where GSA has indefinite quantity contracts and/or unit price 
agreements available for accomplishment of space alterations in 
Government owned

[[Page 224]]

and leased buildings, agencies should order against these contracts and 
agreements, except when it is not in the Government's best interest. 
Agencies wishing to use this authority shall submit names of their 
proposed ordering officials to the GSA buildings manager, who will 
submit them to the GSA contracting officer. The contracting officer 
shall designate in writing the ordering officials and will authorize the 
contractor to accept orders from the designated ordering officials. The 
GSA contracting officer shall advise the agencies' ordering officials in 
writing of their responsibilities, authorities, and limitations under 
these contracts and agreements.
    (b) No individual order, or combinations of orders for a single 
alteration project, shall exceed the simplified acquisition threshold, 
as defined in 41 U.S.C. 252a, and agencies shall not split orders so as 
to circumvent this limitation.
    (c) For all orders placed against GSA contracts or agreements, 
agency ordering officials shall obtain prior written project review by 
GSA and provide a copy of the ordering document and final payment 
document to the GSA buildings manager. Agencies are responsible for 
inspecting and certifying satisfactory completion of the work, and for 
ensuring contractor compliance with contract provisions. The final 
payment document shall be supported by GSA Form 1142, Release of Claims; 
GSA Form 2419, Certification of Payments to Subcontractors and Supplies; 
and certification that the work has been inspected and accepted.
    (d) Agencies may not negotiate with contractors for items not 
specifically priced under indefinite quantity contracts and/or price 
agreements.
    (e) Where no GSA contracts or agreements are in effect, an agency 
may contract directly for services up to the simplified acquisition 
threshold per project after written review by GSA. Agencies contracting 
directly must provide GSA with complete documentation of the scope of 
work and contract specifications at the time of submission. Each project 
shall include appropriate reviews by the regional safety staff. If 
contracting for security systems, agencies must submit the design work 
for regional Federal Protective Service Division review. Agencies shall 
be responsible for inspecting and certifying satisfactory completion of 
the ordered work. All work must conform to GSA fire and safety 
standards. GSA at anytime has the authority to make inspections and 
require correction if the project is found not in compliance with GSA 
reviews or fire and safety standards. As-built drawings must be 
submitted to GSA's buildings manager within 30 days of completion of the 
work.

[52 FR 11263, Apr. 8, 1987, as amended at 62 FR 1057, Jan. 8, 1997]



Sec. 101-20.106-2  Limitations on provision of reimbursable services by GSA.

    In order to reduce processing costs of documents and to improve 
efficiency of service delivery, requests for reimbursable work to be 
performed or arranged by GSA may be subject to the following 
requirements:
    (a) Individual work authorizations (e.g., GSA Form 2957's) for which 
total expenses as estimated by GSA are less than $500 need not be 
processed by GSA, but may be returned to the requesting agency. Unless 
the work is related to security or required to correct an unhealthful or 
unsafe condition, occupant agencies may be required to hold all such 
requests until the reimbursable work in question can be aggregated into 
a single request for at least $500.
    (b) The restrictions of paragraph (a) of this section are not 
mandatory, but may be applied by GSA when their application is in the 
best interests of the Government from the standpoint of cost 
effectiveness.
    (c) The restrictions of paragraph (a) of this section do not apply 
to orders placed against existing blanket or open-end authorizations 
which exceed $500 and which show obligated and unused fund balances 
sufficient to perform the work.
    (d) Agencies requesting reimbursable services are responsible for 
verifying and approving GSA estimates within 30 calendar days following 
submission of

[[Page 225]]

such estimates to the requester. Reimbursable work requests for which 
estimates have not been approved within 30 days will be canceled.



Sec. 101-20.107  Energy conservation.

    Agencies shall comply with the energy conservation guidelines set 
forth in 10 CFR part 436 (Federal Energy Management and Planning 
Programs) and shall observe the energy conservation policies cited 
herein.
    (a) Agencies shall ensure that lights and equipment are turned off 
when not needed, that ventilation is not blocked or impeded, and that 
windows and other building accesses are closed during the heating and 
cooling seasons.
    (b) Except where special circumstances exist, illumination levels 
shall be maintained as near as is practical to the following standards:
    (1) 50 foot-candles at work station surfaces, measured at a height 
of 30 inches above floor level, during working hours (For visually 
difficult or critical tasks, additional lighting may be authorized by 
the GSA buildings manager or by agencies that have been given delegated 
authority to perform buildings management functions.);
    (2) 30 foot-candles in work areas during working hours, measured at 
30 inches above floor level;
    (3) 10 foot-candles, but not less than 1 foot-candle nonwork areas, 
sufficient to ensure safety in non-work areas during working hours. 
(Normally this will require levels of 5 foot-candles at elevator 
boarding areas, minimum of 1 foot-candle at the middle of corridors and 
stairwells as measured at the walking surface, and 1 foot-candle at the 
middle of corridors and stairwells as measured at the walking surface, 
and 10 foot-candles in storage areas.); and
    (4) Other lighting essential for safety and security purposes, 
including exit signs and exterior lights, shall be maintained.
    (c) Within the limitations of the building systems, heating and 
cooling systems shall be operated in the most overall energy efficient 
and economical manner.
    (1) Temperatures will be maintained to maximize customer 
satisfaction by conforming to local commercial equivalent temperature 
levels and operating practices. GSA will seek to minimize energy use 
while operating its buildings in this manner. During non-working hours, 
heating temperatures shall be set no higher than 55 degrees Fahrenheit 
and air-conditioning will not be provided except as necessary to return 
space temperatures to a suitable level for the beginning of working 
hours.
    (2) The locations used for measurement of temperatures to determine 
compliance will be representative of the spaces to be heated or cooled.
    (3) Work stations which are the most adversely affected may be the 
basis for establishing the temperature levels throughout that portion of 
the building.
    (4) Reheating, humidification, and simultaneous heating and cooling 
shall not be permitted.
    (5) During extreme weather conditions, building systems shall be 
operated as necessary to protect the physical condition of the building.
    (d) The operation of portable heaters, fans, and other such devices 
in Government-controlled space is prohibited unless authorized by the 
GSA buildings manager or by agencies that have been given delegated 
authority to perform buildings management functions.
    (e) During working hours in periods of heating and cooling, provide 
ventilation in accordance with ASHRAE Standard 62, Ventilation for 
Acceptable Indoor Air Quality where physically practical. Where not 
physically practical, provide the maximum allowable amount of 
ventilation during periods of heating and cooling and pursue 
opportunities to increase ventilation up to current standards. ASHRAE 
Standard 62 is available from ASHRAE Publications Sales, 1791 Tullie 
Circle NE, Atlanta, GA 30329-2305.
    (f) Energy standards for existing buildings will be no less 
stringent than those prescribed by the American Society of Heating, 
Refrigerating, and Air Conditioning Engineers and the Illuminating 
Engineering Society of North American in ASHRAE/IES Standard 90A-1980 as 
amended by Department of Energy (DOE). These energy standards are 
applicable where they can be achieved through life cycle, cost effective 
actions.

[[Page 226]]

    (g) Exceptions to the foregoing policies may be necessary for 
specialized requirements of for agencies to accomplish their missions 
more effectively and efficently. Such exceptions may be granted by the 
GSA buildings manager or by agencies that have been given delegated 
authority to perform buildings management functions.
    (h) Contracting officers shall ensure that all new lease contracts 
are in conformance with the policies prescribed in this Sec. 101-20.107. 
Existing lease contracts shall be administered in accordance with these 
policies to the maximum extent feasible.
    (i) Each agency shall report to the Department of Energy (DOE) the 
energy consumption in buildings, facilities, vehicles, and equipment 
under its control within 45 calendar days after the end of each quarter 
as specified in the DOE Federal Energy usage Report DOE F 6200.2 
instructions. This report has been cleared in accordance with FPMR 101-
11.11,\1\ Interagency Reports Management Program, and assigned 
interagency report control number 1492 DOE OU.
---------------------------------------------------------------------------

    \1\ Editorial Note: At 50 FR 26908, June 28, 1985, 41 CFR part 101-
11 was recodified as 41 CFR parts 201-22 and 201-45. The reference to 
FPMR 101-11.11 should read FIRMR 201-45.6.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987, as amended at 60 
FR 17653, Apr. 7, 1995]



Sec. 101-20.108  Staggered hours of duty.

    (a) The GSA Regional Administrator, National Capital Region, is 
responsible for putting into effect the policy of maintaining staggered 
duty hours in Metropolitan Washington, DC. For purposes of this 
regulation, ``Metropolitan Washington'' means the Washington Standard 
Metropolitan Statistical Area (SMSA) as defined by the Department of 
Commerce.
    (b) Any agency planning a change in its schedule of duty hours which 
will affect 50 or more employees shall submit the changes to the GSA 
Regional Administrator, (WA) Washington, DC, 20407, for approval prior 
to implementation. The agency shall indicate the number of employees 
affected, the present and proposed hours of duty, and the reasons for 
the change in schedule. The agency shall also coordinate with the 
employees and their union(s) to determine the percentage of employees in 
favor of the proposed change.
    (c) The GSA Regional Administrator, National Capital Region, shall 
coordinate the proposed change with appropriate authorities to ensure 
that the change will not create congestion or disruptions in traffic or 
transportation flow patterns.
    (d) GSA and other Federal agencies may also consider the 
advisability of establishing staggered duty hours in areas outside 
Metropolitan Washington where major concentrations of Federal employees 
exist.



Sec. 101-20.109  Concessions.

    (a) The provisions of this section do not apply to blind vending 
facilities operated under the Randolph-Sheppard Act (20 U.S.C. 107 et 
seq.); regulations governing this program are continued in subpart 101-
20.2.
    (b) GSA is responsible for the planning, provision, and 
administration of essential concessions in buildings under its control. 
GSA will enter into and award concessions contracts, provide suitable 
space and facilities, if required, and administer applicable inspection 
and oversight functions. Officials of occupant agencies shall convey 
concerns to GSA and shall not instruct concessionaires regarding their 
operations.
    (c) Subject to the availability of space, prior to establishing 
concessions, GSA will ensure that:
    (1) The proposed concession will offer only essential services which 
are needed by employees, and which cannot be conveniently obtained from 
existing facilities, (Consultation will be held with occupant 
agencies.);
    (2) The proposed concession will be established and operated in 
conformance with applicable policies, safety, health, and sanitation 
codes, laws, regulations, etc., and will not contravene the terms of any 
lease or other contractual arrangement;
    (3) Sufficient funds are legally available to cover all costs for 
which the Government may be responsible; and
    (4) All contracts will be financially self-supporting and not 
compete with nearby commercial enterprise.

[[Page 227]]

    (d) Public Law 104-52, Section 636, prohibits the sale of tobacco 
products in vending machines in Government-owned and leased space under 
the custody and control of GSA. The Administrator of GSA or the head of 
an Agency may designate areas not subject to the prohibition, if the 
area prohibits minors and reports are made to the appropriate committees 
of Congress.

[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]



      Subpart 101-20.2--Vending Facility Program for Blind Persons



Sec. 101-20.200  Scope of subpart.

    This subpart contains the policy and procedures for ensuring the 
priority of blind vendors in operating vending facilities on GSA-
controlled property.



Sec. 101-20.201  Policy.

    Blind vendors licensed by State licensing agencies designated by the 
Secretary of Education under the provisions of the Randolph-Sheppard Act 
(20 U.S.C. 107 et seq.) shall be given priority in the location and 
operating of vending facilities, including vending machines, on GSA-
controlled property provided the location or operation of such facility 
would not adversely affect the interests of the United States. Blind 
vendors shall also be given priority on GSA-controlled property in the 
operation of cafeterias according to 34 CFR 395.33.



Sec. 101-20.202  Establishing vending facilities.

    (a) GSA shall not acquire a building by ownership, rent, or lease, 
or occupy a building to be constructed, substantially altered, or 
renovated unless it is determined that such buildings contain or will 
contain a ``satisfactory site'' as defined in 34 CFR 395.1q, for the 
location and operating of a blind vending facility.
    (b) In accordance with 34 CFR 395.31, GSA shall provide the 
appropriate State licensing agency with written notice of its intention 
to acquire or otherwise occupy such building. Providing notification 
shall be the responsibility of the Buildings Management Division, GSA.



Sec. 101-20.203  Application for permit.

    Applications for permits for the operation of vending facilities 
other than cafeterias shall be made in writing on the appropriate form, 
and submitted for the review and approval of GSA.



Sec. 101-20.204  Terms of permit.

    Every permit shall describe the location of the vending facility 
including any vending machines located on other than the facility 
premises and shall be subject to the following provisions:
    (a) The permit shall be issued in the name of the applicant State 
licensing agency which shall:
    (1) Prescribe such procedures necessary to assure that in the 
selection of vendors and employees for vending facilities there shall be 
no discrimination because of sex, race, age, creed, color, national 
origin, physical or mental disability, or political affiliation; and
    (2) Take the necessary action to assure that vendors do not 
discriminate against any persons in furnishing, or by refusing to 
furnish, to such person or persons the use of any vending facility, 
including any and all services, privileges, accommodations, and 
activities provided thereby, and comply with title VI of the Civil 
Rights Act of 1964 and GSA regulations issued pursuant thereto.
    (b) The permit shall be issued for an indefinite period of time 
subject to suspension or termination on the basis of compliance with 
agreed upon terms.
    (c) The permit shall provide that:
    (1) No charge shall be made to the State licensing agency for normal 
cleaning, maintenance, and repair of the building structure in and 
adjacent to the vending facility areas;
    (2) Cleaning necessary for sanitation, and the maintenance of 
vending facilities and vending machines in an orderly condition at all 
times, and the installation, maintenance, repair, replacement, 
servicing, and removal of vending facility equipment shall be without 
cost to GSA; and
    (3) Articles sold at vending facilities operated by blind licensees 
may consist of newspapers, periodicals, publications, confections, 
tobacco products,

[[Page 228]]

foods, beverages, chances for any lottery authorized by State law and 
conducted by an agency of a State within such State, and other articles 
or services as are determined by the State licensing agency, in 
consultation with GSA to be suitable for a particular location. Such 
articles and services may be dispensed automatically or manually and may 
be prepared on or off the premises. Public Law 104-52, Section 636, 
prohibits the sale of tobacco products in vending machines in 
Government-owned and leased space under the custody and control of GSA.
    (d) The permit shall further provide that vending facilities shall 
be operated in compliance with applicable health, sanitation, and 
building codes or ordinances.
    (e) The permit shall further provide that installation, 
modification, relocation, removal, and renovation of vending facilities 
shall be subject to the prior approval and supervision of the Director, 
Buildings Management Division, GSA, and the State licensing agency; that 
costs of relocations initiated by the State licensing agency shall be 
paid by the State licensing agency; that costs of relocations initiated 
by the Director, Buildings Management Division, shall be paid by GSA; 
and that all plumbing, electrical, and mechanical costs related to the 
renovation of existing facilities shall be paid by GSA.
    (f) The operation of a cafeteria by a blind vendor shall be covered 
by a contractual agreement and not by a permit. The State licensing 
agency shall be expected to perform under the same contractual 
arrangement applicable to commercial cafeteria operators.

[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]



Sec. 101-20.205  Enforcement procedures.

    (a) The State licensing agency shall attempt to resolve day-to-day 
problems pertaining to the operation of the vending facility in an 
informal manner with the participation of the blind vendor and the 
buildings manager.
    (b) Unresolved disagreements concerning the terms of the permit, the 
Act, or the regulations in this part and any other unresolved matters 
shall be reported in writing to the State licensing agency supervisory 
personnel by the GSA regional office in an attempt to resolve the issue.



Sec. 101-20.206  Reports.

    At the end of each fiscal year, GSA shall report to the Secretary of 
Education the total number of applications for vending facility 
locations received from State licensing agencies, the number accepted, 
the number denied, the number still pending, the total amount of vending 
machine income collected, and the amount of such vending machine income 
disbursed to the State licensing agency in each State.



              Subpart 101-20.3--Conduct on Federal Property



Sec. 101-20.300  Applicability.

    These rules and regulations apply to all property under the charge 
and control of the General Services Adminstration and to all persons 
entering in or on such property. Each occupant agency shall be 
responsible for the observance of these rules and regulations.



Sec. 101-20.301  Inspection.

    Packages, briefcases, and other containers in the immediate 
possession of visitors, employees, or other persons arriving on, working 
at, visiting, or departing from Federal property, are subject to 
inspection. A full search of a person and any vehicle driven or occupied 
by the person may accompany an arrest.



Sec. 101-20.302  Admission to property.

    Property shall be closed to the public during other than normal 
working hours. The closing of property will not apply to that space in 
those instances where the Government has approved the after-normal-
working-hours use of buildings or portions thereof for activities 
authorized by subpart 101-20.4. During normal working hours, property 
shall be closed to the public only when situations require this action 
to ensure the orderly conduct of Government business. The decision to 
close the property shall be made by the designated official under the 
Occupant

[[Page 229]]

Emergency program after consultation with the buildings manager and the 
ranking representative of the Law Enforcement Branch responsible for 
protection of the facility or the area. The designated official is 
defined in Sec. 101-20.003(g) as the highest ranking official of the 
primary occupant agency, or the alternate highest ranking offical or 
designee selected by mutual agreement by other occupant agency 
officials. When property, or a portion thereof, is closed to the public, 
admission to this property, or a portion, will be restricted to 
authorized persons who shall register upon entry to the property and 
shall, when requested, display Government or other identifying 
credentials to the Federal Protective Officers or other authorized 
individuals when entering, leaving, or while on the property. Failure to 
comply with any of the applicable provisions is a violation of these 
regulations.

[53 FR 129, Jan. 5, 1988]



Sec. 101-20.303  Preservation of property.

    The improper disposal of rubbish on property; the willful 
destruction of or damage to property; the theft of property; the 
creation of any hazard on property to persons or things; the throwing of 
articles of any kind from or at a building or the climbing upon statues, 
fountains, or any part of the building, is prohibited.



Sec. 101-20.304  Conformity with signs and directions.

    Persons in and on property shall at all times comply with official 
signs of a prohibitory, regulatory, or directory nature and with the 
lawful direction of Federal Protective Officers and other authorized 
individuals.



Sec. 101-20.305  Disturbances.

    Any loitering, disorderly conduct, or other conduct on property 
which creates loud or unusual noise or a nuisance; which unreasonably 
obstructs the usual use of entrances, foyers, lobbies, corridors, 
offices, elevators, stairways, or parking lots; which otherwise impedes 
or disrupts the performance of official duties by Government employees; 
or which prevents the general public from obtaining the administrative 
services provided on the property in a timely manner, is prohibited.



Sec. 101-20.306  Gambling.

    Participating in games for money or other personal property or the 
operating of gambling devices, the conduct of a lottery or pool, or the 
selling or purchasing of numbers tickets, in or on property is 
prohibited. This prohibition shall not apply to the vending or exchange 
of chances by licensed blind operators of vending facilities for any 
lottery set forth in a State law and authorized by section 2(a)(5) of 
the Randolph-Sheppard Act (20 U.S.C. 107, et seq.)



Sec. 101-20.307  Alcoholic beverages and narcotics.

    Operations of a motor vehicle while on the property by a person 
under the influence of alcoholic beverages, narcotic drugs, 
hallucinogens, marijuana, barbiturates, or amphetamines is prohibited. 
Entering upon the property, or while on the property, under the 
influence of or using or possessing any narcotic drugs, hallucinogens, 
marijuana, barbiturates, or amphetamines is prohibited. The prohibition 
shall not apply in cases where the drug is being used as prescribed for 
a patient by a licensed physician. Entering upon the property, or being 
on the property, under the influence of alcoholic beverages is 
prohibited. The use of alcoholic beverages on property is prohibited 
except, upon occasions and on property upon which the head of the 
responsible agency or his or her designee has for appropriate official 
uses granted an exemption in writing. The head of the responsible agency 
or his or her designee shall provide a copy of all exemptions granted to 
the buildings manager and the Chief, Law Enforcement Branch, or other 
authorized officials, reponsible for the security of the property.

[53 FR 129, Jan. 5, 1988]



Sec. 101-20.308  Soliciting, vending, and debt collection.

    Soliciting alms, commercial or political soliciting, and vending of 
all kinds, displaying or distributing commercial advertising, or 
collecting private debts on GSA-controlled property

[[Page 230]]

is prohibited. This rule does not apply to:
    (a) National or local drives for funds for welfare, health, or other 
purposes as authorized by 5 CFR, parts 110 and 950, Solicitation of 
Federal Civilian and Uniformed Services Personnel for Contributions to 
Private Voluntary Organizations issued by the U.S. Office of Personnel 
Management under Executive Order 12353 of March 23, 1982, as amended, 
and sponsored or approved by the occupant agencies;
    (b) Concessions or personal notices posted by employees on 
authorized bulletin boards;
    (c) Solicitation of labor organization membership or dues authorized 
by occupant agencies under the Civil Service Reform Act of 1978 (Pub. L. 
95-454); and
    (d) Lessee, or its agents and employees, with respect to space 
leased for commercial, cultural, educational, or recreational use under 
the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 490(a)(16)).
    Note: Public areas of GSA-controlled property may be used for other 
activities permitted in accordance with subpart 101-20.4.

[53 FR 130, Jan. 5, 1988]



Sec. 101-20.309  Posting and distributing materials.

    (a) Public Law 104-52, Section 636, prohibits the distribution of 
free samples of tobacco products in or around Federal buildings.
    (b) Posting or affixing materials, such as pamphlets, handbills, or 
flyers, on bulletin boards or elsewhere on GSA-controlled property is 
prohibited, except as authorized in Sec. 101-20.308 or when these 
displays are conducted as part of authorized Government activities. 
Distribution of materials, such as pamphlets, handbills, or flyers is 
prohibited, except in the public areas of the property as defined in 
Sec. 101-20.003(z), unless conducted as part of authorized Government 
activities. Any person or organization proposing to distribute materials 
in a public area under this section shall first obtain a permit from the 
building manager under Subpart 101-20.4 and shall conduct distribution 
in accordance with the provisions of Subpart 101-20.4. Failure to comply 
with those provisions is a violation of these regulations.

[61 FR 2122, Jan. 25, 1996]



Sec. 101-20.310  Photographs for news, advertising, or commercial purposes.

    Photographs may be taken in space occupied by a tenant agency only 
with the consent of the occupying agency concerned. Except where 
security regulations apply or a Federal court order or rule prohibits 
it, photographs for news purposes may be taken in entrances, lobbies, 
foyers, corridors, or auditoriums when used for public meetings. Subject 
to the foregoing prohibitions, photographs for advertising and 
commercial purposes may be taken only with written permission of an 
authorized official of the agency occupying the space where the 
photographs are to be taken.



Sec. 101-20.311  Dogs and other animals.

    Dogs and other animals, except seeing eye dogs, other guide dogs, 
and animals used to guide or assist handicapped persons, shall not be 
brought upon property for other than official purposes.



Sec. 101-20.312  Vehicular and pedestrian traffic.

    (a) Drivers of all vehicles entering or while on property shall 
drive in a careful and safe manner at all times and shall comply with 
the signals and directions of Federal protective officers or other 
authorized individuals and all posted traffic signs;
    (b) The blocking of entrances, driveways, walks, loading platforms, 
or fire hydrants on property is prohibited; and
    (c) Except in emergencies, parking on property is not allowed 
without a permit. Parking without authority, parking in unauthorized 
locations or in locations reserved for other persons, or parking 
contrary to the direction of posted signs is prohibited. Vehicles parked 
in violation, where warning signs are posted, shall be subject to 
removal at the owners' risk and expense. This paragraph may be 
supplemented from time to time with the approval of the Regional 
Administrator by the issuance and posting of such specific traffic 
directives as may be required,

[[Page 231]]

and when so issued and posted such directives shall have the same force 
and effect as if made a part thereof. Proof that a motor vehicle was 
parked in violation of these regulations or directives may be taken as 
prima facie evidence that the registered owner was responsible for the 
violation.



Sec. 101-20.313  Explosives.

    No person entering or while on property shall carry or possess 
explosives, or items intended to be used to fabricate an explosive or 
incendiary device, either openly or concealed, except for official 
purposes. (Weapons, see title 18, U.S. Code 930.)

[54 FR 15757, Apr. 19, 1989]



Sec. 101-20.314  Nondiscrimination.

    There shall be no discrimination by segregation or otherwise against 
any person or persons because of race, creed, sex, color, or national 
origin in furnishing or by refusing to furnish to such person or persons 
the use of any facility of a public nature, including all services, 
privileges, accommodations, and activities provided thereby on the 
property.



Sec. 101-20.315  Penalties and other laws.

    Whoever shall be found guilty of violating any rule or regulations 
in this subpart 101-20.3 while on any property under the charge and 
control of the U.S. General Services Administration is subject to a fine 
of not more than $50 or imprisonment of not more than 30 days, or both 
(See title 40 U.S. Code 318c.) Nothing in these rules and regulations 
shall be construed to abrogate any other Federal laws or regulations or 
any State and local laws and regulations applicable to any area in which 
the property is situated (section 205(c), 63 U.S. Statutes, 390; 40 U.S. 
Code 486(c)).

[53 FR 130, Jan. 5, 1988]



          Subpart 101-20.4--Occasional Use of Public Buildings



Sec. 101-20.400  Scope of subpart.

    Sections 101-20.401 through 101-20.408 establish rules and 
regulations for the occasional use of public areas for cultural, 
educational and recreational activities as provided by the Public 
Buildings Cooperative Use Act of 1976 (Pub. L. 94-541).



Sec. 101-20.401  Applications for permits.

    (a) Any person or organization desiring to use a public area shall 
file an application for permit with the GSA Buildings Manager. Such 
application shall be made on a form provided by GSA and shall be 
submitted in the manner specified by GSA.
    (b) The following information is required:
    (1) Full names, mailing addresses, and telephone numbers of the 
applicant, the organization sponoring the proposed activity, and the 
individual(s) responsible for supervising the activity;
    (2) Documentation showing that the applicant has authority to 
represent the sponsoring organization;
    (3) A description of the proposed activity, including the dates and 
times during which it is to be conducted and the number of persons to be 
involved.
    (c) If the proposed activity constitutes a use of a public area for 
soliciting funds, the applicant shall also submit a signed statement 
that:
    (1) The applicant is a representative of and will be soliciting 
funds for the sole benefit of, a religion or religious group; or
    (2) The applicant's organization has received an official ruling of 
tax-exempt status from the Internal Revenue Service under 26 U.S.C. 501; 
or, alternatively, that an application for such a ruling is still in 
process.



Sec. 101-20.402  Permits.

    (a) A permit shall be issued by GSA within 10 working days following 
its receipt of the completed applications. A permit shall not be issued 
for a period of time in excess of 30 calendar days, unless specifically 
approved by the regional officer. After the expiration of a permit, a 
new permit may be issued upon submission of a new application; in such a 
case, applicants may incorporate by reference all required information 
filed with the prior application.
    (b) When more than one permit is requested for the same area and 
times, permits will be issued on a first-come, first-served basis.

[[Page 232]]

    (c) All permits involving demonstrations and activities which may 
lead to civil disturbances should be coordinated with the Chief, Law 
Enforcement Branch, before approval.



Sec. 101-20.403  Disapproval of applications or cancellation of permits.

    (a) GSA shall disapprove any application or cancel an issued permit 
if:
    (1) The applicant has failed to submit all information required 
under       Sec. 101-20.401, or has falsified such information;
    (2) The proposed use is a commercial activity as defined in 
Sec. 101-20.003(d);
    (3) The proposed use interferes with access to the public area, 
disrupts official Government business, interferes with approved uses of 
the property by tenants or by the public, or damages any property;
    (4) The proposed use is intended to influence or impede any pending 
judicial proceeding;
    (5) The proposed use is obscene within the meaning of obscenity as 
defined in 18 U.S.C. 1461-65; or
    (6) The proposed use is violative of the prohibition against 
political solicitations in 18 U.S.C. 607.
    (b) Upon disapproving an application or cancelling a permit, GSA 
shall promptly notify the applicant or permittee of the reasons for the 
action, and shall inform the applicant or permittee of his/her appeal 
rights under Sec. 101-20.404.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]



Sec. 101-20.404  Appeals.

    (a) A disapproval of application or cancellation of issued permits 
may be appealed to the GSA Regional Officer (as defined in Sec. 101-
20.003(m)) within 5 calendar days of the notification of disapproval or 
cancellation. Notices of appeal must be made in writing.
    (b) On appeal, the applicant or permittee and the GSA buildings 
manager shall have opportunity to orally state their positions on the 
issues. Written materials may also be submitted.
    (c) The GSA Regional Officer shall affirm or reverse the GSA 
building manager's decision, based on the information submitted, within 
10 calendar days of the date on which the Regional Officer received 
notification of the appeal. If the decision is not rendered within 10 
days, the application will be considered to be approved or the permit 
validly issued. The Regional Officer will promptly notify the applicant 
or permittee and the buildings manager of the decision and the reasons 
therefor.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]



Sec. 101-20.405  Schedules of use.

    Nothing in these regulations shall prevent GSA from reserving 
certain time periods for use of public areas for official Government 
business; from setting aside certain time periods for maintenance, 
repair, and construction; or from permitting a previously approved use 
for official Government business.



Sec. 101-20.406  Hours of use.

    Public areas may be used during or after regular working hours of 
Federal agencies, provided that such uses will not interfere with 
Government business. When public areas are used by permittees after 
normal working hours, all adjacent areas not approved for such use shall 
be locked, barricaded, or identified by signs, as appropriate, to 
restrict permittees' activities to approved areas.



Sec. 101-20.407  Services and costs.

    (a) Costs. The space to be provided under these regulations is 
furnished free of charge. Services normally provided at the building in 
question, such as security, cleaning, heating, ventilation, and air-
conditioning, shall also be provided free of charge by GSA. The 
applicant shall be requested to reimburse GSA for services over and 
above those normally provided. If the applicant desires to provide 
services, such as security and cleaning, this request must be approved 
by the GSA Regional Officer. GSA may provide the services free of charge 
if the cost is insignificant and if it is in the public's interest.
    (b) Alterations. Permittees shall make no alterations to public 
areas except with prior approval of GSA. Such approval shall not be 
given unless GSA determines that changes in a building should be made to 
encourage and aid in

[[Page 233]]

the proposed use. Permittees making alterations must make provisions to 
ensure the safety of users and the prevention of damage to property.
    (c) Permittees are responsible for furnishing items such as tickets, 
audiovisual equipment, etc., which are necessary for the proposed use.



Sec. 101-20.408  Conduct.

    (a) Permittees are subject to all rules and regulations governing 
conduct on Federal property as set forth in subpart 101-20.3. In 
addition, a permittee shall:
    (1) Not misrepresent his or her identity to the public;
    (2) Not conduct any activities in a misleading or fraudulent manner;
    (3) Not discriminate on the basis of race, creed, color, sex or 
national origin in conducting activities;
    (4) Not distribute any item, nor post or otherwise affix any item, 
for which prior approval under Sec. 101-20.401 has not been obtained;
    (5) Not leave leaflets or other materials unattended on the 
property; and
    (6) Not engage in activities which would interfere with the 
preferences afforded blind licenses under the Randolph-Sheppard Act (20 
U.S.C. 107).
    (b) Permittees engaging in the solicitation of funds as authorized 
by Sec. 101-20.401 shall display identification badges while on Federal 
property. Each badge shall indicate the permittee's name, address, 
telephone number, and organization.



Sec. 101-20.409  Non-affiliation with the Government.

    The General Services Administration reserves the right to advise the 
public through signs or announcements of the presence of any permittees 
and of their nonaffiliation with the Federal Government.



    Subpart 101-20.5--Sidewalk Installation, Repair, and Replacement



Sec. 101-20.500  Scope of subpart.

    This subpart contains the regulations governing the installation, 
repair, and replacement of sidewalks around buildings, installations, 
properties, or grounds under the control of executive agencies and owned 
by the United States within the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and the territories and possessions of the 
United States, by reimbursement to a State or political subdivision 
thereof, the District of Columbia, the Commonwealth of Puerto Rico, or 
the territory or possession of the United States. They are issued with 
the approval of the Director of the Office of Management and Budget.



Sec. 101-20.501  Responsibilities.

    Upon prior consent of the property-holding agency, the State in 
which the property lies may perform or arrange for the installation, 
repair, and replacement of sidewalks, and obtain reimbursement therefor 
from the property-holding agency, or, if mutually agreed upon, the 
property-holding agency may contract or otherwise arrange for and pay 
directly for such installation, repair, and replacement.



Sec. 101-20.502  Standards.

    Sidewalks shall be installed, repaired, or replaced with due 
consideration to the standards and specifications prescribed by the 
State or political subdivision thereof. However, where the property-
holding agency determines that it is necessary, in order to achieve or 
retain architectural harmony with the surroundings, the property-holding 
agency may prescribe other standards and specifications.



PART 101-21--FEDERAL BUILDINGS FUND--Table of Contents




    Authority: 40 U.S.C. 486(c); 40 U.S.C. 490(j) (The Federal Property 
and Administrative Services Act of 1949, as amended, Sec. 205(c) and 
210(j), 63 Stat. 390 and 86 Stat. 219; (40 U.S.C. 486(c) and 40 U.S.C. 
490(j), respectively).

    Source: 66 FR 23169, May 8, 2001, unless otherwise noted.



Sec. 101-21.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220.)

    For information previously contained in this part, see FMR part 85 
(41 CFR part 102-85).

[[Page 234]]


             Appendix to Subchapter D--Temporary Regulations

[Editorial Note: The following is a list of temporary regulations, except delegations of authority, which relate
 to Federal property management and are in effect as of the revision date of this volume. The full text of these
                              temporary regulations appears following this table.]
----------------------------------------------------------------------------------------------------------------
           FPMR Temp. Reg.                     Subject                  Expires               FR Publication
----------------------------------------------------------------------------------------------------------------
D-1..................................  Assignment and           .......................  62 FR 42070, Aug. 5,
                                        utilization of space.                             1997
----------------------------------------------------------------------------------------------------------------

        Federal Property Management Regulations; Interim Rule D-1

Supplement 1

To: Heads of Federal Agencies
Subject: Assignment and utilization of space
    1. Purpose. This interim rule, initially published in the Federal 
Register March 7, 1996, began the process of replacing part 101-17 of 
the Federal Property Management Regulations (FPMR). The rule repealed 
the outdated and superseded permanent FPMR part 101-17 and provided new 
guidance concerning the location of Federal facilities in urban areas. 
The rule expired on March 7, 1997. This supplement extends the interim 
rule indefinitely.
    2. Effective date. March 8, 1997. Comments should be submitted on or 
before 30 calendar days following publication in the Federal Register.
    3. Comments. Comments should be submitted to the General Services 
Administration, Public Buildings Service, Office of Property Adquisition 
and Realty Services (PE), Washington, DC 20405.
    4. Effect on other directives. This interim rule amends 41 CFR part 
101-17 by deleting all subparts and sections in their entirety and by 
adding a new Sec. 101-17.205 entitled ``Location of Space.''

    Dated: April 21, 1992.

David J. Barram,
Acting Administrator of General Services


Attachment A

``Subchapter D--Public Buildings and Space

            PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE

Sec. 101-17.000  Scope of part.
    For more information on location of space, see 41 CFR parts 102-71 
through 102-82. To the extent that any policy statements in this part 
are inconsistent with the policy statement in 41 CFR parts 102-71 
through 102-82, the policy statements in 41 CFR parts 102-71 through 
102-82 are controlling.
Sec. 101-17.205  Location of space
    (a) Each Federal agency is responsible for identifying its 
geographic service area and the delineated area within which it wishes 
to locate specific activities, consistent with its mission and program 
requirements, and in accordance with all applicable statutes, 
regulations and policies. Specifically, under the Rural Development Act 
of 1972, as amended, 42 U.S.C. Sec. 3122, agencies are required to give 
first priority to the location of new offices and other facilities in 
rural areas. When agency mission and program requirements call for 
location in an urban area, agencies must comply with Executive Order 
12072, August 16, 1978, 3 CFR 213 (1979), which requires that first 
consideration be given to central business areas (CBAs) and other 
designated areas. The agency shall submit to GSA a written statement 
explaining the basis for the delineated area.
    (b) GSA shall survey agencies' mission, housing, and location 
requirements in a community and include these considerations in 
community-based policies and plans. These plans shall provide for the 
location of federally-owned and leased facilities, and other interests 
in real property including purchases, at locations which represent the 
best overall value to the Government consistent with agency 
requirements.
    (c) Whenever practicable and cost-effective, GSA will consolidate 
elements of the same agency or multiple agencies in order to achieve the 
economic and programmatic benefits of consolidation.
    (d)(1) GSA will consult with local officials and other appropriate 
Government officials and consider their recommendations for, and review 
of, general areas of possible space or site acquisition. GSA will advise 
local officials of the availability of data on GSA plans and programs, 
and will agree upon the exchange of planning information with local 
officials. GSA will consult with local officials to identify CBAs.
    (2) With respect to an agency's request for space in an urban area, 
GSA shall provide appropriate Federal, State, regional, and local 
officials such notice as will keep them reasonably informed about GSA's 
proposed space action. For all proposed space actions with delineated 
areas either partially or wholly outside the CBA, GSA shall consult with 
such officials by providing them with written notice, by affording them 
a proper opportunity to respond, and by considering all recommendations 
for and objections to the proposed space action. All contacts with such 
officials relating to proposed space actions must be appropriately 
documented in the official procurement file.

[[Page 235]]

    (e) GSA is responsible for reviewing an agency's delineated area to 
confirm that, where appropriate, there is maximum use of existing 
Government-controlled space and that established boundaries provide 
competition when acquiring leased space.
    (f) In satisfying agency requirements in an urban area, GSA will 
review an agency requested delineated area to ensure that the area is 
within the CBA. If the delineated area requested is outside the CBA, in 
whole or part, an agency must provide written justification to GSA 
setting forth facts and considerations sufficient to demonstrate that 
first consideration has been given to the CBA and to support the 
determination that the agency program function(s) involved cannot be 
efficiently performed within the CBA.
    (g) Agency justifications for locating outside CBAs must address, at 
a minimum, the efficient performance of the missions and programs of the 
agencies, the nature and function of the facilities involved, the 
convenience of the public served, and the maintenance and improvement of 
safe and healthful working conditions for employees.
    (h) GSA is responsible for approving the final delineated area. As 
the procuring agency, GSA must conduct all acquisitions in accordance 
with the requirements of all applicable laws, regulations, and Executive 
orders. GSA will review the identified delineated area to confirm its 
compliance with all applicable laws, regulations, and Executive orders, 
including the Rural Development Act of 1972, as amended, the Competition 
in Contracting Act, as amended, 41 U.S.C. Secs. 252-266, and Executive 
Order 12072.
    (i) Executive Order 12072 provides that ``space assignments shall 
take into account the management needs for consolidation of agencies or 
activities in common or adjacent space in order to improve 
administration and management and effect economies.'' Justifications 
that rely on consolidation or adjacency requirements will be carefully 
reviewed for legitimacy.
    (j) Executive Order 12072 directs the Administrator of General 
Services to ``[e]nsure, in cooperation with the heads of Executive 
agencies, that their essential space requirements are met in a manner 
that is economically feasible and prudent.'' Justifications that rely on 
budget or other fiscal restraints for locating outside the CBA will be 
carefully reviewed for legitimacy.
    (k) Justifications based on executive or personnel preferences or 
other matters which do not have a material and significant adverse 
impact on the efficient performance of agency program functions are not 
acceptable.
    (l) In accordance with the Competition in Contracting Act, GSA may 
consider whether restricting the delineated area to the CBA will provide 
for competition when acquiring leased space. Where it is determined that 
an acquisition should not be restricted to the CBA, GSA may expand the 
delineated area in consultation with the requesting agency and local 
officials. The CBA must continue to be included in such an expanded 
area.
    (m) If, based on its review of an agency's requested delineated 
area, GSA concludes that changes are appropriate, GSA will discuss its 
recommended changes with the requesting agency. If after discussions the 
requesting agency does not agree with GSA's delineated area 
recommendation, the agency may take the steps described below. If an 
agency elects to request a review of the GSA's delineated area 
recommendation, GSA will continue to work on the requirements 
development and other activities related to the requesting agency's 
space request. GSA will not issue a solicitation to satisfy an agency's 
space request until all requested reviews have been resolved.
    (1) For space actions of less than 25,000 square feet, an agency may 
request a review of GSA's delineated area recommendation by submitting a 
written request to the responsible Assistant Regional Administrator for 
the Public Buildings Service. The request for review must state all 
facts and other considerations and must justify the requesting agency's 
proposed delineated area in light of Executive Order 12072 and other 
applicable statutes, regulations, and policies. The Assistant Regional 
Administrator will issue a decision within fifteen (15) working days. 
The decision of the Assistant Regional Administrator will be final and 
conclusive.
    (2) For space actions of 25,000 square feet or greater, a requesting 
agency may request a review of GSA's delineated area recommendation by 
submitting a written request to the Commissioner of the Public Buildings 
Service that the matter be referred to an interagency council for 
decision. The interagency council will be established specifically to 
consider the appeal and will be comprised of the Administrator of 
General Services or his/her designee, the Secretary of Housing and Urban 
Development, or his/her designee, and such other Federal official(s) as 
the Administrator may appoint.
    (n) The presence of the Federal Government in the National Capital 
Region (NCR) is such that the distribution of Federal installations will 
continue to be a major influence in the extent and character of 
development. These policies shall be applied in the GSA National Capital 
Region, in conjunction with regional policies established by the 
National Capital Planning Commission and consistent with the general 
purposes of the National Capital Planning Act of 1959 (66 Stat. 781), as 
amended. These policies shall guide the development of strategic plans 
for the housing of Federal agencies within the National Capital Region.

[[Page 236]]

    (o) Consistent with the policies cited in paragraphs (a), (b), (c) 
and (e) above, the use of buildings of historic architectural, or 
cultural significance within the meaning of section 105 of the Public 
Buildings Cooperative Use Act of 1976 (90 Stat. 2505) will be considered 
as alternative sources for meeting Federal space needs.
    (p) As used in Sec. 101-17.205, the following terms have the 
following meanings:
    (1) ``CBA'' means the centralized community business area and 
adjacent areas of similar character, including other specific areas 
which may be recommended by local officials in accordance with Executive 
order 12072.
    (2) ``Delineated area'' means the specific boundaries within which 
space will be obtained to satisfy an agency space requirement.
    (3) ``Rural area'' means any area that (i) is within a city or town 
if the city or town has a population of less than 10,000 or (ii) is not 
within the outer boundaries of a city or town if the city or town has a 
population of 50,000 or more and if the adjacent urbanized and 
urbanizing areas have a population density of more than 100 per square 
mile.
    (4) ``Urban area'' means any Metropolitan Area (MA) as defined by 
the Office of Management and Budget (OMB) and any non-MA that meets one 
of the following criteria:
    (i) A geographical area within the jurisdiction of any incorporated 
city, town, borough, village, or other unit of general local government, 
except county or parish, having a population of 10,000 or more 
inhabitants.
    (ii) That portion of the geographical area within the jurisdiction 
of any county, town, township, or similar governmental entity which 
contains no incorporated unit of general local government, but has a 
population density equal to or exceeding 1,500 inhabitants per square 
mile; or
    (iii) That portion of any geographical area having a population 
density equal to or exceeding 1,500 inhabitants per square mile and 
situated adjacent to the boundary of any incorporated unit of general 
local government which has a population of 10,000 or more inhabitants. 
(Reference: Intergovernmental Cooperation Act of 1968, 40 U.S.C. 535.)

[39 FR 23196, June 27, 1974, as amended at 66 FR 5359, Jan. 18, 2001]

[[Page 237]]





                  SUBCHAPTER E--SUPPLY AND PROCUREMENT



                     PARTS 101-22--101-24 [RESERVED]



PART 101-25--GENERAL--Table of Contents




Sec.
101-25.000  Scope of subchapter.
101-25.001  Scope of part.

                   Subpart 101-25.1--General Policies

101-25.100  Use of Government personal property and nonpersonal 
          services.
101-25.101  Criteria for determining method of supply.
101-25.101-1  General.
101-25.101-2  Supply through storage and issue.
101-25.101-3  Supply through consolidated purchase for direct delivery 
          to use points.
101-25.101-4  Supply through indefinite quantity requirement contracts.
101-25.101-5  Supply through local purchase.
101-25.102  Exchange or sale of personal property for replacement 
          purposes.
101-25.103  Promotional materials, trading stamps, or bonus goods.
101-25.103-1  General.
101-25.103-2  Promotional material received in conjunction with official 
          travel from transportation companies, rental car companies, or 
          other commercial activities.
101-25.103-3  Trading stamps or bonus goods received from contractors.
101-25.103-4  Disposition of promotional materials, trading stamps, or 
          bonus goods
101-25.104  Acquisition of office furniture and office machines.
101-25.104-1  Redistribution, repair, or rehabilitation.
101-25.105  [Reserved]
101-25.106  Servicing of office machines.
101-25.107  Guidelines for requisitioning and proper use of consumable 
          or low cost items.
101-25.108  Multiyear subscriptions for publications.
101-25.109  Laboratory and research equipment.
101-25.109-1  Identification of idle equipment.
101-25.109-2  Equipment pools.
101-25.110  Tire identification/registration program.
101-25.110-1  [Reserved]
101-25.110-2  Tires obtained through Federal Supply Schedules or 
          regional term contracts.
101-25.110-3  Tires accompanying new motor vehicles.
101-25.110-4  Recordkeeping responsibilities.
101-25.111  Environmental impact policy.
101-25.112  Energy conservation policy.
101-25.113  [Reserved]
101-25.114  Supply management surveys and assistance.

           Subpart 101-25.2--Interagency Purchase Assignments

101-25.201  General.
101-25.202  Factors to be used to determine assignment of purchase 
          responsibility.
101-25.203  Centralized purchases by GSA.
101-25.204  Centralized purchases by designated executive agencies under 
          authority delegated by the Administrator of General Services.
101-25.205  Arrangement for performance of purchasing functions other 
          than centralized.
101-25.206  Independent purchases by executive agencies.

                     Subpart 101-25.3--Use Standards

101-25.301  General.
101-25.302  Office furniture, furnishings, and equipment.
101-25.302-1  [Reserved]
101-25.302-2  Filing cabinets.
101-25.302-3--101-25.302-4  [Reserved]
101-25.302-5  Carpeting.
101-25.302-6  [Reserved]
101-25.302-7  Draperies.

                 Subpart 101-25.4--Replacement Standards

101-25.401  General.
101-25.402  Motor vehicles.
101-25.403  [Reserved]
101-25.404  Furniture.
101-25.404-1  Limitation.
101-25.405  Materials handling equipment.

           Subpart 101-25.5--Purchase or Lease Determinations

101-25.500  Cross-reference to the Federal Acquisition Regulation (FAR) 
          (48 CFR chapter 1, parts 1-99).

Subparts 101-25.6--101-25.49  [Reserved]

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).



Sec. 101-25.000  Scope of subchapter.

    This subchapter provides policies and guidelines pertaining to the 
general area of supply management designed to support the logistical 
programs of the Federal Government. It consists of parts 101-25 through 
101-34 and provides

[[Page 238]]

for applicability of coverage within each of these several parts.

[29 FR 13256, Sept. 24, 1964]



Sec. 101-25.001  Scope of part.

    This part provides policies and guidelines pertaining to subject 
matter in the general area of supply management which is not appropriate 
for coverage in other parts of this subchapter E.

[29 FR 13256, Sept. 24, 1964]



                   Subpart 101-25.1--General Policies

    Source: 29 FR 13256, Sept. 24, 1964, unless otherwise noted.



Sec. 101-25.100  Use of Government personal property and nonpersonal services.

    Except in emergencies, Government personal property and nonpersonal 
services shall be used only for those purposes for which they were 
obtained or contracted for or other officially designated purposes. 
Emergency conditions are those threatening loss of life and property. As 
used in this section nonpersonal services means those contractual 
services, other than personal and professional services (as defined in 
40 U.S.C. 472). This includes property and services on interagency loan 
as well as property leased by agencies. Agency heads shall ensure that 
the provisions of this Sec. 101-25.100 are enforced to restrict the use 
of Government property/services to officially designated activities.

[40 FR 29818, July 16, 1975]



Sec. 101-25.101  Criteria for determining method of supply.



Sec. 101-25.101-1  General.

    (a) This Sec. 101-25.101 prescribes general criteria governing 
selection of the appropriate methods of supply to be utilized in meeting 
the planned requirements of the Government. It is directly applicable to 
executive agencies, and other Federal agencies are requested to observe 
these criteria in conducting their supply operations.
    (b) As used in this Sec. 101-25.101, the term use point means a 
storeroom or other redistribution point where supplies, materials, or 
equipment representing more than a 30-day supply are maintained 
primarily for issue directly to consumers within the local area, as 
distinguished from storage points where supplies and equipment are 
issued to redistribution points.



Sec. 101-25.101-2  Supply through storage and issue.

    The following criteria shall govern in determining whether an item 
can be most advantageously supplied through storage and issue to use 
points:
    (a) The item shall be physically adaptable to storage and issue and 
of such a character that it is feasible to forecast overall requirements 
of the use points served with reasonable accuracy;
    (b) Rate of use and frequency of ordering at use points shall be 
sufficient to warrant storage and issue;
    (c) The rate of deterioration or obsolescence shall be sufficiently 
low to avoid unnecessary loss; and
    (d) Conditions exist where any of the following factors require 
supply through storage and issue (except that dangerous commodities of 
high weight and density, or commodities highly susceptible to damage 
normally should not be considered for supply through storage and issue 
unless one or more of such factors are determined to be of overriding 
importance)--
    (1) Where price advantage through bulk buying is sufficient to 
render storage and issue more economical, all costs, both direct and 
indirect, considered.
    (2) Where close inspection or testing is necessary to secure 
quality, or where repetitive inspection and test of small lots are 
prohibitive from the standpoint of cost or potential urgency of need.
    (3) Where advance purchase and storage are necessitated by long 
procurement leadtime.
    (4) Where an item is of special manufacture or design and is not 
readily available from commercial sources.
    (5) Where an adequate industry distribution system does not exist to 
assure availability at use point.
    (6) Where volume purchases are necessary to secure timely deliveries 
and advantageous prices.

[[Page 239]]

    (7) Where market conditions are such that supply through storage and 
issue is required to assure adequate supply.
    (8) Where stocking of supplies and equipment necessary for 
implementation of emergency plans is required for an indefinite period.



Sec. 101-25.101-3  Supply through consolidated purchase for direct delivery to use points.

    The following criteria shall govern in determining whether an item 
can be most advantageously supplied through consolidated purchase for 
direct delivery to use points:
    (a) The items shall be equipment or supply items of such a character 
that it is feasible to forecast requirements for delivery to specific 
use points; and
    (b) Conditions exist where any of the following factors requires 
consolidated purchasing of such items for direct delivery to use 
points--
    (1) Where greatest price advantage, both direct and indirect costs 
considered, is obtainable through large definite quantity purchasing.
    (2) Where an item is of special manufacture or design and is not 
readily available from commercial sources.
    (3) Where market conditions are such that central procurement is 
required to assure adequate supply.
    (4) Where contracts for production quantities are necessary to 
secure timely deliveries and advantageous prices.
    (5) Where the quantity is large enough to assure lowest 
transportation costs or, conversely, where transportation costs for 
small quantity redistribution are so excessive that it is not feasible 
to store and issue the items.



Sec. 101-25.101-4  Supply through indefinite quantity requirement contracts.

    The following criteria shall govern in determining whether an item 
can be most advantageously supplied through the medium of indefinite 
quantity requirement contracts covering specific periods and providing 
for delivery to use points as needs arise:
    (a) The item shall be such a character that--
    (1) Handling on a storage and issue basis is not economically sound, 
under the criteria prescribed in Sec. 101-25.101-2;
    (2) Rate of use and frequency of ordering at use points is estimated 
to be sufficient to warrant the making of indefinite quantity 
requirement contracts;
    (3) It is either not feasible to forecast definite requirements for 
delivery to specific use points (as in the case of new items initially 
being introduced into a supply system), or no advantage accrues doing 
so; and
    (b) Industry distribution facilities are adequate properly to serve 
the use points involved; and
    (c) Conditions exist where any of the following factors requires the 
maintaining of indefinite quantity requirements contracts--
    (1) Advantage to the Government is greater than would be secured by 
definite quantity procurements by individual offices or agencies (the 
determining consideration being one of overall economy to the 
Government, rather than one of direct comparison of unit prices of 
individual items obtainable through other methods of supply); or no 
known procurement economies would be effected but the requirements of 
offices of agencies can best be served by indefinite quantity 
requirements contracts.
    (2) Acute competitive bidding problems exist because of highly 
technical matters which can best be met on a centralized contracting 
basis.
    (3) The item is proprietary or so complex in design, function, or 
operation as to be noncompetitive and procurement can best be performed 
on a centralized contracting basis.



Sec. 101-25.101-5  Supply through local purchase.

    The following criteria shall govern in determining whether an item 
should be supplied through local purchase:
    (a) Urgency of need requires local purchase to assure prompt 
delivery;
    (b) The items are perishable or subject to rapid deterioration which 
will not permit delay incident to shipment from distant points;
    (c) The local purchase is within applicable limitation established 
by the agency head; or
    (d) Local purchase will produce the greatest economy to the 
Government.

[[Page 240]]



Sec. 101-25.102  Exchange or sale of personal property for replacement purposes.

    Policies and methods governing executive agencies in exercising the 
authority granted under section 201(c) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 481(c)), are 
prescribed in part 101-46.

[31 FR 4997, Mar. 26, 1966]



Sec. 101-25.103  Promotional materials, trading stamps, or bonus goods.



Sec. 101-25.103-1  General.

    Federal agencies in a position to receive promotional materials, 
trading stamps, or bonus goods shall establish internal procedures for 
the receipt and disposition of these gratuities in accordance with 
Sec. 101-25.103. The procedures shall provide for a minimum of 
administrative and accounting controls.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.103-2  Promotional material received in conjunction with official travel from transportation companies, rental car companies, or other commercial 
          activities.

    (a) All promotional materials (e.g., bonus flights, reduced-fare 
coupons, cash, merchandise, gifts, credits toward future free or reduced 
costs of services or goods, etc.) received by employees in conjunction 
with official travel and based on the purchase of a ticket or other 
services (e.g. car rental) are properly considered to be due the 
Government and may not be retained by the employee. The Comptroller 
General of the United States has stated that employees are obligated to 
account for any gift, gratuity, or benefit received from private sources 
incident to the performance of official duties (see Comp. Gen. Decision 
B-199656, July 15, 1981). When an employee receives promotional 
material, the employee shall accept the material on behalf of the United 
States and relinquish it to an appropriate agency official.
    (b) Promotional coupons that provide for future free or reduced 
costs of services (travel) should be integrated into the agency travel 
plans to maximize the benefits to the Government. The coupons should 
then be applied to the maximum extent possible; e.g., coast-to-coast or 
overseas travel, if permitted.
    (c) Promotional coupons that carry a cash surrender value shall be 
redeemed immediately. The cash received from redeemed coupons or other 
cash compensation (i.e., denied boarding or cancellation of reservation 
by carriers, etc.) shall be deposited in accordance with Department of 
Treasury requirements, and credited to miscellaneous receipt account 
1699, ``Miscellaneous Dividends and Earnings, Not Otherwise 
Classified.''
    (d) Promotional materials that cannot be used by the receiving 
agency shall be disposed of in accordance with Sec. 101-25.103-4.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.103-3  Trading stamps or bonus goods received from contractors.

    When contracts contain a price reduction clause, any method (such as 
trading stamps or bonus goods) by which the price of a commodity or 
service is effectively reduced shall constitute a price reduction. 
Temporary or promotional price reductions are to be made available to 
contracting officers under the same terms and conditions as to other 
customers. Procuring activities, however, rather than accept trading 
stamps and bonus goods, shall attempt to deduct the cost of such items 
from the contract price. If obtaining such a price reduction is not 
possible, the contracting officer shall document the contract file to 
that effect and dispose of the items as provided in Sec. 101-25.103.4.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.103-4  Disposition of promotional materials, trading stamps, or bonus goods.

    (a) Agencies shall, through the lowest appropriate activity, arrange 
for transfer of promotional materials, trading stamps, or bonus goods, 
without reimbursement in accordance with internal agency procedures to a 
nearby Federal hospital or similar institution operated, managed, or 
supervised by the Department of Defense (DOD) or

[[Page 241]]

the Veterans Administration (VA) when:
    (1) The contract does not contain a price reduction clause, or
    (2) The contractor refuses to grant a price reduction, and
    (3) It is deemed practical and in the best interest of the 
Government to accept such promotional items as a price reduction, and
    (4) The procuring or receiving agency has no practical use for the 
promotional items.
    (b) Before transferring promotional materials, trading stamps, or 
bonus goods to the above Federal institutions, it must be determined 
that the proposed recipient is prepared to receive and use such items. 
If these items cannot be used by the receiving agency or a medical 
facility, they should be disposed of in accordance with 41 CFR 101-43, 
44 and 45.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.104  Acquisition of office furniture and office machines.

    Each executive agency shall make a determination as to whether the 
requirements of the agency can be met through the utilization of already 
owned items prior to the acquisition of new furniture or office 
machines. The acquisition of new items shall be limited to those 
requirements which are considered absolutely essential and shall not 
include upgrading to improve appearance, office decor, or status, or to 
satisfy the desire for the latest design or more expensive lines.
    (a) Generally acquisition of additional furniture or office machines 
from any source will be authorized only under the following 
circumstances, limited to the least expensive lines which will meet the 
requirement (see Sec. 101-26.408 of this chapter with respect to items 
such as typewriters under Federal Supply Schedule contracts), and the 
justification for the action shall be fully documented in the agency 
file:
    (1) For essential requirements arising from quantitative increases 
in onboard employment which constitute the total requirement of any 
agency or major component thereof (e.g. bureau, service, office).
    (2) For essential requirements arising from a need not related to 
onboard employment increases but which are determined necessary to avoid 
impairment of program efficiency.
    (b) Each agency shall restrict replacement of furniture or office 
machines either to usable excess, rehabilitated, or the least expensive 
new lines available which will meet the requirement under the following 
circumstances, authority for which will meet the requirement under the 
following circumstances, authority for which shall be fully documented 
in the agency file:
    (1) Where the agency determines that the item is not economically 
repairable.
    (2) Where reductions in office space occupancy are accomplished 
through use of more convenient or smaller size furniture and the space 
economies thus achieved offset the cost of the furniture to be acquired.

[30 FR 5479, Apr. 16, 1965, as amended at 42 FR 1031, Jan. 5, 1977]



Sec. 101-25.104-1  Redistribution, repair, or rehabilitation.

    Prior to the purchase of new office furniture and office machines, 
agencies shall fulfill needs insofar as practicable through 
redistribution, repair, or rehabilitation of already owned furniture and 
office machines. In furtherance of the use of rehabilitated furniture 
and office machines, agencies shall review inventories on a continuing 
basis to ascertain those items which can be economically rehabilitated 
and institute programs for their orderly repair and rehabilitation. All 
such items which are not required for immediate needs shall be reported 
as excess.

[42 FR 1031, Jan. 5, 1977]



Sec. 101-25.105  [Reserved]



Sec. 101-25.106  Servicing of office machines.

    (a) The determination as to whether office machines are to be 
serviced by use of annual maintenance contracts or per-call arrangements 
shall be made in each case after comparison of the relative cost 
affecting specific types of equipment in a particular location and

[[Page 242]]

consideration of the factors set forth in paragraph (b) of this section.
    (b) Prior to making the determination required by paragraph (a) of 
this section, consideration shall be given to:
    (1) Standard of performance required;
    (2) Degree of reliability needed;
    (3) Environmental factors; i.e., dusty surroundings or other 
unfavorable conditions;
    (4) Proximity to available repair facilities;
    (5) Past experience with service facility; i.e., reputation, 
performance record, quality of work, etc.;
    (6) Daily use (heavy or light) and operator's care of machine;
    (7) Age and performance record of machine;
    (8) Machine inventory in relation to operating needs; i.e., 
availability of reserve machine in case of breakdown;
    (9) Number of machines; including overall frequency of repairs 
required;
    (10) Security restrictions, if any; and
    (11) Other pertinent factors.

[31 FR 14260, Nov. 4, 1966]



Sec. 101-25.107  Guidelines for requisitioning and proper use of consumable or low cost items.

    Consumable and low value items in inventory (cupboard stocks are not 
considered inventory) are subject to accounting and inventory record 
controls in accordance with applicable provisions of law and the 
principles and standards prescribed by the General Accounting Office, 2 
GAO 12.5. Normally, however, the systems of control for such property 
cease at the time of issuance from a warehouse or storeroom to the 
consumer.
    (a) The guidelines set forth in this Sec. 101-25.107 are considered 
minimum to assure proper use of consumable or low cost items by 
individuals, subsequent to issue from accountable records and 
termination of formal accountability. Consumable items, for the purpose 
of this section, are considered to include those items actually consumed 
in use (e.g., pads and pencils) and those items required in performance 
of duties but for which, primarily by reason of the low value involved, 
no formal accountability is maintained after issue, and are generally 
referred to as ``expendable.''
    (b) Approval of requisitions for replenishment of cupboard storeroom 
stocks should be restricted to officials at a responsible supervisory 
level to ensure that supply requirements are justified on the basis of 
essentiality and quantity. Where requisitions are not required, such as 
in obtaining items from GSA customer supply centers, informal ``shopping 
lists'' should be approved at the same level.
    (c) Adequate safeguards and controls should be established to assure 
that issues of expendable supplies are made for official use only. In 
appropriate situations, this will include identification of individuals 
to whom expendable supplies have been issued. Experience has indicated, 
also, that certain items of expendables should not be displayed either 
at seasonal periods of the year or on a permanent basis.
    (d) The items listed below have from experience proven to be 
personally attractive and particularly susceptible to being used for 
other than official duties. Agencies should give special attention to 
these and any other consumable or low cost items when issues are 
excessive when compared with normal program needs.

Attache cases, Ball point pens and refills, Brief cases, Binders, Carbon 
paper, Dictionaries, Felt tip markers, Felt tip pens and refills, File 
folders, Letterex, Letter openers, Pads (paper), Paper clips, Pencils, 
Pencil sharpeners, Portfolios (leather, plastic, and writing pads), 
Rubber bands, Rulers, Scissors, Spray paint and lacquer, Staplers, 
Staples, Staple removers, Tape dispensers, Transparent tape, Typewriter 
ribbons.

[32 FR 4413, Mar. 23, 1967, as amended at 42 FR 1031, Jan. 5, 1977; 51 
FR 13498, Apr. 21, 1986]



Sec. 101-25.108  Multiyear subscriptions for publications.

    Subscriptions for periodicals, newspapers, and other publications 
for which it is known in advance that a continuing requirement exists 
should be for multiple years rather than for a single year where such 
method is advantageous for the purpose of economy or otherwise. Where 
various bureaus or

[[Page 243]]

offices in the same agency are subscribing to the same publication, 
consideration shall be given to consolidating these requirements, to the 
extent practical, on an agency-wide basis and on a multiyear basis. 
Payment covering issues to be delivered during the entire subscription 
period may be made in advance from currently available appropriations 
(31 U.S.C. 530a).

[33 FR 17140, Nov. 19, 1968]



Sec. 101-25.109  Laboratory and research equipment.

    (a) This section prescribes controls for use by Federal agencies in 
managing laboratory and research equipment in Federal laboratories. 
Agencies may establish such additional controls as are appropriate to 
increase the use of already-owned equipment instead of procuring similar 
equipment.
    (b) The term Federal laboratory, as used in this section, means any 
laboratory or laboratory facility in any Government-owned or -leased 
building which is equipped and/or used for scientific research, testing, 
or analysis, except clinical laboratories operating in direct support of 
Federal health care programs. To the extent practicable, agencies should 
observe the provisions of this section with regard to commercial 
laboratories and laboratory facilities which operate under contract with 
the Government and use Government-furnished equipment.

[43 FR 29004, July 5, 1978]



Sec. 101-25.109-1  Identification of idle equipment.

    (a) The provisions of this Sec. 101-25.109-1 apply to all Federal 
laboratories regardless of size.
    (b) Inspection tours of Federal laboratories shall be conducted on a 
scheduled basis, annually, if feasible, but no less than every 2 years, 
for the purpose of identifying idle and unneeded laboratory and research 
equipment. Following each tour, a report of findings shall be prepared 
by the inspection team and, as determined by the agency head or his 
designee, submitted to the head of the laboratory or to a higher agency 
official having laboratories management responsibility. Equipment 
identified by the inspection team as idle or unneeded shall be 
reassigned as needed within the laboratory, placed in an equipment pool, 
or declared excess and made available to other agencies in accordance 
with part 101-43.
    (c) Laboratory inspection teams shall be comprised of senior program 
management, property management, and scientific personnel who are 
familiar with the plans and programs of the laboratory(ies) and who have 
a knowledge of laboratory and research equipment utilization. As 
determined by the agency head or his designee, members of an inspection 
team shall be appointed by either the head of the laboratory or a higher 
agency official having laboratories management responsibility.
    (d) The agency head or his designee shall ensure compliance by 
responsible personnel with the requirements of this Sec. 101-25.109-1 
and shall require that periodic independent reviews of walk-through 
procedures employed in Federal laboratories under his control be 
conducted to determine their effectiveness and to effect modifications 
as appropriate.

[43 FR 29004, July 5, 1978]



Sec. 101-25.109-2  Equipment pools.

    (a) The provisions of this Sec. 101-25.109-2 apply to Federal 
laboratories which occupy an area of 10,000 square feet or more and 
employ 25 or more technical or scientific personnel.
    (b) Equipment pools shall be established in Federal laboratories so 
that laboratory and research equipment can be shared or allocated on a 
temporary basis to laboratory activities and individuals whose average 
use does not warrant the assignment of the equipment on a permanent 
basis. In determining the number and location of equipment pools, 
consideration shall be given to economy of operation, mobility of 
equipment, accessibility to users, frequency of use of the equipment, 
and impact on research programs. Pooling operations should begin 
expeditiously, within 120 days, if feasible, following decisions 
regarding the number and location of pools. If it is determined that an 
equipment pool would not be practical or economical or for any other 
reason is not needed at a particular laboratory, a written report 
supporting

[[Page 244]]

that determination shall be submitted to the agency head or his 
designee. Federal laboratories which do not meet the size and staffing 
criteria in Sec. 101-25.109-2(a) should also establish equipment pools 
whenever feasible; however, these facilities need not submit written 
reports regarding determinations not to establish pools.
    (c) Where the establishment of a physical pool would be economically 
unfeasible due to excessive transportation and handling costs, limited 
personnel resources, or limited space, pooling may be accomplished by 
means of equipment listings. Consideration should be given to the 
establishment of a laboratory advisory committee consisting of technical 
and management personnel to determine the types of equipment to be 
shared or pooled and to identify equipment that is no longer required.
    (1) Equipment pools may also be used to fill requests for temporary 
replacements while permanently assigned equipment is being repaired or 
to provide equipment for new laboratories pending acquisition of 
permanent equipment.
    (2) Although specific pieces of laboratory equipment may not be 
available for assignment to equipment pools, they may be available for 
sharing or loan. Information concerning the availability of this 
equipment can be maintained at a central location such as the equipment 
pools.
    (d) Unless determined unnecessary by the agency head or his 
designee, each Federal laboratory operating equipment pools shall 
prepare and submit to the agency head or his designee an annual report 
concerning the use and effectiveness of equipment pooling.
    (e) The agency head or his designee shall ensure compliance by 
responsible personnel with the provisions of this Sec. 101-25.109-2 and 
shall require that periodic independent reviews of equipment pool 
operations in Federal laboratories under his control be conducted to 
determine their effectiveness and to effect modifications as 
appropriate.

[43 FR 29004, July 5, 1978]



Sec. 101-25.110  Tire identification/registration program.

    The regulations issued by the Department of Transportation in 49 CFR 
part 574, Tire Identification and Recordkeeping, require that tire 
manufacturers maintain or have maintained for them the name and address 
of tire purchasers, the identification number of each tire sold, and the 
name and address of the tire seller (or other means by which the 
manufacturer can identify the tire seller). In addition, distributors 
and dealers are required to furnish such data to manufacturers in 
connection with purchases made directly from them. GSA provides support 
to the Federal Government for tires, and therefore has prescribed the 
following procedures for tires purchased from or through GSA supply 
sources.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.110-1  [Reserved]



Sec. 101-25.110-2  Tires obtained through Federal Supply Schedules or regional term contracts.

    When tire manufacturers ship tires direct against orders placed 
under Federal Supply Schedules, the tire manufacturer will record the 
name and address of the purchaser and the identification numbers of the 
tires involved.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.110-3  Tires accompanying new motor vehicles.

    The tire identifications and recordkeeping regulations issued by the 
Department of Transportation require each motor vehicle manufacturer or 
his designee to maintain a record of tires on or in each vehicle shipped 
by him together with the name and address of the first purchaser.

[37 FR 7794, Apr. 20, 1972]



Sec. 101-25.110-4  Recordkeeping responsibilities.

    The effectiveness of the tire identification and recordkeeping 
regulations depends on the active support and cooperation of all 
agencies to ensure that tires subject to a recall program are not to 
continue in service thereby endangering the lives of the occupants of

[[Page 245]]

the vehicle. Therefore, agencies should establish procedures for 
promptly identifying and locating all tires whether in storage or on 
vehicles so that advice from GSA, the tire manufacturer, or the vehicle 
manufacturer may be acted upon expeditiously.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.111  Environmental impact policy.

    (a) From time to time, Congress enacts legislation pertaining to the 
protection and enhancement of the Nation's environment; e.g., the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321). The 
objective of such legislation is, among other things, the improvement of 
the relationship between people and their environment and the lessening 
of hazards affecting their health and safety. It is the policy of the 
General Services Administration to appropriately implement the various 
provisions of these Acts of Congress as fully as statutory authority 
permits in support of the national policy.
    (b) With respect to the procurement, management, and disposal of 
personal property, the implementation of national environmental policy 
is provided through amendments to the regulations of GSA, changes to 
Federal specifications and standards documents, as appropriate, and 
other actions as may be required when expediency is of prime importance. 
Further, the Federal regulatory agencies have imposed restrictions 
applicable to the procurement, use, and disposal of items supplied 
through the Federal supply system that are known to contain components 
or possess qualities that have an adverse impact on the environment or 
that result in creating unsafe or unhealthy working conditions. Each 
agency, therefore, shall take action as necessary to ensure that the 
objectives and directives of the National Environmental Policy Act, 
other environmental statutes, and applicable regulations are met; 
especially the directive that environmental concerns, effects, and 
values shall be given appropriate consideration with economic and 
technical issues in decisionmaking. Action should include a continuing 
review of the Federal Register and issuances promulgated by the Federal 
regulatory agencies for guidance applicable to the procurement, use, and 
disposal of items that are known to contain components or to possess 
qualities that have an adverse impact on the environment or that result 
in creating unsafe or unhealthy working conditions.

[39 FR 24505, July 3, 1974]



Sec. 101-25.112  Energy conservation policy.

    (a) Agency officials responsible for procurement, management, and 
disposal of personal property and nonpersonal services shall ensure that 
pertinent procurement and property management documents reflect the 
policy set forth in paragraph (b) of this section, which has been 
established pursuant to Public Law 94-163, Energy Policy and 
Conservation Act.
    (b) With respect to the procurement or lease of personal property or 
nonpersonal services, which in operation consume energy or contribute to 
the conservation of energy, executive agencies shall promote energy 
conservation and energy efficiency by being responsive to the energy 
efficiency and/or conservation standards or goals prescribed by the U.S. 
Government.

[43 FR 8800, Mar. 3, 1978]



Sec. 101-25.113  [Reserved]



Sec. 101-25.114  Supply management surveys and assistance.

    Under the provisions of 40 U.S.C. 487, the General Services 
Administration will perform surveys and/or reviews of Government 
property and property management practices of executive agencies. These 
surveys or reviews will be conducted by the Federal Supply Service in 
connection with regular surveys and studies of agency supply management 
practices or when providing assistance in the development of agency 
property accounting systems. Written reports of findings and 
recommendations will be provided to agency heads.

[45 FR 41947, June 23, 1980]

[[Page 246]]



           Subpart 101-25.2--Interagency Purchase Assignments

    Source: 29 FR 15991, Dec. 1, 1964, unless otherwise noted.



Sec. 101-25.201  General.

    (a) This subpart prescribes the basic policy for interagency 
purchase assignments within the executive branch of the Government. It 
is directly applicable to executive agencies and concerns other Federal 
agencies in their purchasing from, through, or under contracts made by 
executive agencies.
    (b) The term purchase assignment as used in this subpart shall 
normally be considered to include performance of the following 
functions:
    (1) Arranging with requiring agencies for phased submission of 
requirements and procurement requisitions.
    (2) Soliciting and analyzing bids and negotiating, awarding, and 
executing contracts.
    (3) General contract administration.
    (4) Arranging for inspection and delivery.
    (5) Promotion of a maximum practicable degree of standardization in 
specifications and establishment of Federal Specifications, when 
possible, in accordance with applicable regulations.
    (c) Notice of purchase assignments and applicable delegations of 
authority, made under the provisions of this subpart 101-25.2, shall be 
furnished to the General Accounting Office by GSA.



Sec. 101-25.202  Factors to be used to determine assignment of purchase responsibility.

    With their consent or upon direction of the President, executive 
agencies will be designated and authorized by the Administrator of 
General Services exclusively, or with specified limited exceptions, to 
make purchases and contracts on a continuing basis for items or item 
groups of articles and services for the executive branch of the 
Government, after due consideration of the following factors, weighted 
as appropriate:
    (a) Current or potential predominant use or consumption by a given 
agency.
    (b) Availability of funds to carry out the assignment on a 
Government-wide basis or with limited exceptions.
    (c) Specialized personnel, or the nucleus of such personnel, 
regularly employed by the agency, such as scientific, research, and 
operating technicians, especially qualified or experienced in 
specification writing, buying, inspecting, testing, using, installing, 
or operating a particular item or group of items.
    (d) Custodianship and operation of special facilities such as 
research and testing laboratories and inspection or testing stations and 
devices.
    (e) Actual or potential qualifications and experience of agency 
purchasing and contracting officials and their operating units with due 
regard to adequacy of staff.
    (f) Past experience of the agency in performing services to other 
agencies on an informal or joint cooperative basis.
    (g) Relations of the agency with the industry involved.
    (h) Physical proximity of the agency purchasing office or offices to 
the requirement-compiling elements of the principal using agencies.
    (i) Physical location of the agency purchasing office or offices in 
relation to market areas.
    (j) Physical proximity of the agency purchasing offices in relation 
to engineering or design offices, in the interest of speed in processing 
modifications in design and specifications, and also reviewing bids for 
specifications compliance.
    (k) Relative interest of agency heads in receiving the purchase 
assignment and specific requests of agency heads to do the buying of a 
given item or group of items on a Government-wide basis.



Sec. 101-25.203  Centralized purchases by GSA.

    GSA will exclusively, or with specified limited exceptions, make 
purchases and contracts on a continuing basis for articles and services 
for the executive branch of the Government in the interest of lower 
prices, improved quality, and service or standardization when:

[[Page 247]]

    (a) The item or item groups of articles and services are items of 
``common-use'' which are defined as items of standard commercial 
production or items covered by Federal Specifications commonly used by 
both civilian and military activities, or by two or more civilian 
activities, and not requiring such substantial alterations to adapt them 
to military or other particular application as to render inclusion in a 
centralized purchasing program impracticable; or
    (b) A number of agencies, representing the majority users according 
to dollar volume, request GSA to make purchases and contracts 
exclusively for a given item or item groups of articles and services 
even though not ``common-use'' items as defined in Sec. 101-25.203(a); 
and
    (c) GSA is best equipped to do the buying based upon the factors 
listed in Sec. 101-25.202, or must of necessity act as the central 
purchasing office when other agencies more appropriately suited to make 
central purchases do not do so and are not so directed by the President; 
and
    (d) The head of another executive agency has not been delegated 
authority by the Administrator of General Services exclusively, or with 
specified limited exceptions, to make purchases and contracts for 
prescribed items or item groups of articles and services for the 
executive branch of the Government in accordance with Secs. 101-25.202 
and 101-25.204.
    (e) GSA has issued appropriate regulations, or a Federal Supply 
Schedule, specifically designating the item or item groups of articles 
or services that fall within paragraphs (a), (b), and (c) of this 
Sec. 101-25.203 that are thereafter to be purchased exclusively for all 
executive agencies, or with specified limited exceptions, by GSA.



Sec. 101-25.204  Centralized purchases by designated executive agencies under authority delegated by the Administrator of General Services.

    Designated executive agencies will exclusively, or with specified 
limited exceptions, make purchases and contracts on a continuing basis 
for items or item groups of articles and services for the executive 
branch of the Government in the interest of lower prices, improved 
quality, and service or standardization when:
    (a) The Administrator of General Services has determined, based upon 
the factors listed in Sec. 101-25.202, that a selected executive agency 
is best equipped to perform certain purchasing and contracting 
functions, and the Administrator of General Services has issued 
appropriate regulations designating the categories of articles or 
services complying with paragraphs (a), (b), and (c) of Sec. 101-25.203 
that are to be purchased exclusively by the named executive agency under 
authority delegated by the Administrator of General Services; and
    (b) The head of the designated executive agency has issued 
appropriate instructions, or a Federal Supply Schedule, under authority 
as delegated by and in the form approved by the Administrator, 
specifically designating the item or item groups of articles or services 
that are thereafter to be purchased exclusively for all executive 
agencies, or with specified limited exceptions, by the designated 
executive agency.



Sec. 101-25.205  Arrangement for performance of purchasing functions other than centralized.

    (a) Upon request, GSA will make purchases and contracts for any of 
the items or item groups of articles or services authorized to be 
purchased independently by executive agencies. GSA will also arrange, on 
a basis mutually agreeable, with any executive agency to perform its 
purchase and contracting functions on a continuing basis, if requested 
in writing to do so by the agency head, provided the arrangements agreed 
upon will result in lowered cost or improved service either to the 
individual agency or to the Government as a whole.
    (b) In those instances where lowered cost or improved service, 
either to an individual agency or to the Government as a whole will 
result, GSA will arrange, on a basis mutually agreeable to the agencies 
involved, to assign all or a portion of the purchase and contracting 
functions of one executive agency to another executive agency on a 
continuing basis.

[[Page 248]]



Sec. 101-25.206  Independent purchases by executive agencies.

    Items or groups of items of articles or services may be purchased 
independently by executive agencies, in accordance with regulations of 
GSA otherwise applicable, when:
    (a) Not otherwise prescribed in current regulations, or included in 
mandatory Federal Supply Schedules, issued by GSA or by another 
executive agency designated by the Administrator of General Services.
    (b) For emergency requirements when time does not permit purchasing 
through the authorized central purchasing agency. A record shall be 
maintained of such transactions and be made available to the responsible 
central purchasing agency upon request.
    (c) By consultation between GSA and agencies concerned, it is 
determined that interagency purchase assignment would adversely affect 
the national security or military operations.
    (d) The purchases cannot be publicly disclosed in the interest of 
national security.



                     Subpart 101-25.3--Use Standards



Sec. 101-25.301  General.

    (a) This subpart prescribes minimum use standards for certain 
Government-owned personal property which shall be applied by all 
executive agencies. Additional criteria above these minimum standards 
shall be established by each executive agency, limiting its property to 
the minimum requirements necessary for the efficient functioning of the 
particular office concerned. This subpart does not apply to automatic 
data processing equipment (ADPE) which is covered in the Federal 
Information Resources Management Regulation (FIRMR) (41 CFR Chapter 
201).
    (b) Additional use standards should be established by all executive 
agencies for other Government-owned property under their control 
whenever use standards will effect economy and efficiency in the use of 
such property.
    (c) All items of property, determined to be excess to the needs of 
an agency as a result of the application of use standards, shall be 
promptly reported in accordance with part 101-43.

[29 FR 15993, Dec. 1, 1964, as amended at 61 FR 14978, Apr. 4, 1996]



Sec. 101-25.302  Office furniture, furnishings, and equipment.

    (a) Each executive agency shall establish criteria for the use of 
office furniture, furnishings, and equipment. Such criteria shall be in 
consonance with the provisions of Sec. 101-25.104 pertaining to office 
furniture and office machines and shall be limited to the minimum 
essential requirements as established by the agency head for authorized 
functions and programs which will, beyond a reasonable doubt, be in 
operation within the following 6 months.
    (b) In developing such criteria, a distinction shall be made between 
the requirements of organizational elements concerned with purely 
administrative functions, and those of a technical, scientific, or 
specialized nature.
    (c) Items of office equipment, used only occasionally, should be 
pooled within an agency and made available to activities of the agency 
when and as necessary.

[29 FR 15993, Dec. 1, 1964, as amended at 42 FR 1031, Jan. 5, 1977]



Sec. 101-25.302-1  [Reserved]



Sec. 101-25.302-2  Filing cabinets.

    Executive agencies shall make every effort to effect maximum use of 
filing cabinets and to limit the purchase of new equipment. Filing 
cabinets should be replaced only in accordance with the standards in 
subpart 101-25.4. Maximum utilization of equipment should be obtained 
by:
    (a) Disposing of all records that have been authorized for 
disposition by the Congress or, where such authorization has not been 
obtained, through the preparation and obtaining of authorized disposal 
schedules with the assistance of the National Archives and Records 
Administration.
    (b) Removing office supplies, publications, and other nonrecord 
material from filing cabinets to more suitable storage equipment, except 
where the quantity of such material is small (as a rule, less than half 
a cabinet).

[[Page 249]]

    (c) Transferring to Federal Records Centers or approved agency 
records centers (to the extent that facilities are made available) 
inactive records not needed in daily business but not yet ready for 
disposal, when filing equipment can be released by such action.
    (d) Shifting less active files, not transferable to approved records 
centers, to fiberboard storage boxes, using filing cabinets only when 
files are constantly used.
    (e) Using filing cabinets with locks only when required by special 
needs that cannot be satisfied less expensively.
    (f) Using letter-size filing cabinets instead of legal-size whenever 
possible.
    (g) Using 5-drawer filing cabinets whenever available in lieu of 4-
drawer cabinets.

[29 FR 15993, Dec. 1, 1964, as amended at 53 FR 11848, Apr. 11, 1988; 61 
FR 14978, Apr. 4, 1996]



Secs. 101-25.302-3--101-25.302-4  [Reserved]



Sec. 101-25.302-5  Carpeting.

    (a) Carpeting is authorized for use where it can be justified over 
other types of floor covering on the basis of cost, safety, insulation, 
acoustical control, the degree of interior decoration required, or the 
need to maintain an environment commensurate with the purpose for which 
the space is allocated.
    (b) In connection with new construction or alteration of space, if 
it is known that the area will eventually require carpeting, then 
resilient floor covering should be omitted and the carpeting installed 
initially.

[43 FR 18673, May 2, 1978, as amended at 49 FR 48546, Dec. 13, 1984]



Sec. 101-25.302-6  [Reserved]



Sec. 101-25.302-7  Draperies.

    Draperies are authorized for use where justified over other types of 
window coverings on the basis of cost, insulation, acoustical control, 
or maintenance of an environment commensurate with the purpose for which 
the space is allocated. Determining whether the use of draperies is 
justified is a responsibility of the agency occupying the building or 
space involved after consultation with the agency operating or managing 
the building. Authorized draperies shall be of non-combustible or flame-
resistant fabric as required in Sec. 101-20.105-1.

[61 FR 14978, Apr. 4, 1996]



                 Subpart 101-25.4--Replacement Standards



Sec. 101-25.401  General.

    This subpart prescribes minimum replacement standards to be used by 
executive agencies desiring to replace specified types of items 
indicated in this subpart. Executive agencies shall retain items which 
are in usable workable condition even though the standard permits 
replacement, provided the item can continue to be used or operated 
without excessive maintenance cost or substantial reduction in trade-in 
value.

[29 FR 15994, Dec. 1, 1964]



Sec. 101-25.402  Motor vehicles.

    Replacement of motor vehicles shall be in accordance with the 
standards prescribed in Sec. 101-38.402.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.403  [Reserved]



Sec. 101-25.404  Furniture.

    Furniture (office, household and quarters, and institutional) shall 
not be replaced unless the estimated cost of repair or rehabilitation 
(based on GSA term contracts), including any transportation expense, 
exceeds at least 75 percent of the cost of a new item of the same type 
and class (based on prices as shown in the current edition of the GSA 
Supply Catalog, applicable Federal Supply Schedules, or the lowest 
available market price). An exception is authorized in those unusual 
situations in which rehabilitation of the furniture at 75 percent or 
less of the cost of a new item would not extend its useful life for a 
period compatible with the cost of rehabilitation as determined by the 
agency head or his designee.

[38 FR 28566, Oct. 15, 1973]

[[Page 250]]



Sec. 101-25.404-1  Limitation.

    Nothwithstanding the provisions in Sec. 101-25.404, agencies shall 
limit acquisition of new office furniture to essential requirements as 
provided in Sec. 101-25.104. Replacement of correspondence filing 
cabinets will be governed by the provisions of Sec. 101-26.308.

[61 FR 14978, Apr. 4, 1996]



Sec. 101-25.405  Materials handling equipment.

    (a) Materials handling equipment will not be replaced unless the 
estimated cost of necessary one-time repair or reconditioning of each 
piece of equipment exceeds, at lowest available cost, the applicable 
percentage of acquisition cost as shown in column 3 of the following 
table. Equipment eligible for replacement under the criteria established 
by this standard may be repaired provided the expected economical life 
is extended commensurate with the expenditure required. Prior to 
incurring repair costs for equipment eligible for replacement, 
consideration should be given to the continuing availability of repair 
parts.
    (1) Years in use shall be determined in accordance with the 
following:
    (i) An operating month is considered equal to 100 operating hours. 
For materials handling equipment in storage, one month in storage equals 
50 hours of operation.
    (ii) The number of years in use is determined by dividing the number 
of operating months by 12. The fractional years in use resulting from 
this computation will be rounded to the nearest full year.

----------------------------------------------------------------------------------------------------------------
                                          Column 2--   Column 3--Maximum allowable ``one-time repair limits'' as
                                           Expected         percentage of acquisition costs (years in use)
         Column 1--Type of unit            years of  -----------------------------------------------------------
                                          economical
                                             use       1   2   3   4   5   6   7   8   9  10  11  12  13  14  15
----------------------------------------------------------------------------------------------------------------
                Gasoline
Fork truck (2000 pounds to 6000 pounds)           8   50  45  40  30  25  20  15  10  ..  ..  ..  ..  ..  ..  ..
Fork truck (over 6000 pounds)..........          10   50  45  40  35  30  25  20  15  10  10  ..  ..  ..  ..  ..
Tractor................................           8   50  45  40  30  25  20  15  10  ..  ..  ..  ..  ..  ..  ..
Crane..................................          12   50  50  45  45  40  40  35  30  25  20  15  10  ..  ..  ..
Platform truck.........................           8   50  45  40  30  25  20  15  10  ..  ..  ..  ..  ..  ..  ..
Straddle truck.........................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
 
                Electric
 
Fork truck (2000 pounds to 6000 pounds)          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Tractor................................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Crane..................................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Platform truck.........................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Pallet truck...........................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
----------------------------------------------------------------------------------------------------------------

    (2) In using the maximum allowable one-time repair limits in column 
3 of the table, costs such as parts, labor, and transportation incident 
to the repairs, are to be included in computing one-time repair costs. 
However, operating expenses such as fuels and lubricants, replacement 
tires and batteries, and antifreeze will not be included in the one-time 
repair cost estimate.
    (b) Notwithstanding the limitations prescribed in Sec. 101-
25.405(a), materials handling equipment may be replaced under the 
following conditions provided a written justification supporting such 
replacement is approved by the agency head or an authorized designee. 
The justification shall be retained in the agency files.
    (1) When the cumulative repair costs on a piece of equipment appears 
to be excessive as indicated by repair records. However, because an item 
of equipment accrues repair costs equal to the acquisition cost, it is 
not necessarily indicative of the current condition of the equipment. 
For example, a substantial repair expenditure included in the cumulative 
cost may actually have resulted in restoring the equipment to as good as 
new condition. While cumulative repair costs suggest an area for 
investigation, they should not be used as the principal ingredient

[[Page 251]]

in the repair/replacement decision making process.
    (2) When repair parts are not available causing excessive equipment 
out-of-service time.
    (3) When the equipment lacks essential features required in a 
particular task which is of a continuing nature and other suitable 
equipment is not readily available.

[32 FR 12400, Aug. 25, 1967]



           Subpart 101-25.5--Purchase or Lease Determinations



Sec. 101-25.500  Cross-reference to the Federal Acquisition Regulation (FAR) (48 CFR chapter 1, parts 1-99).

    For guidance see Federal Acquisition Regulation Subpart 7.4 (48 CFR 
Subpart 7.4).

[64 FR 34734, June 29, 1999]

Subparts 101-25.6--101-25.49 [Reserved]



PART 101-26--PROCUREMENT SOURCES AND PROGRAM--Table of Contents




Sec.
101-26.000  Scope of part.

                        Subpart 101-26.1--General

101-26.100  Scope of subpart.
101-26.100-1  Procurement of lowest cost items.
101-26.100-2  Request for waivers.
101-26.100-3  Warranties.
101-26.101  Utilization of long supply and excess personal property.
101-26.102  Special buying services.
101-26.102-1  General.
101-26.102-2  Utilization by military agencies.
101-26.102-3  Procurement leadtime.
101-26.102-4  Payment to GSA contractors.
101-26.103  Establishing essentiality of requirements.
101-26.103-1  Policy for personal property.
101-26.103-2  Restriction on personal convenience items.
101-26.104  End-of-year submission of requisitions for action by GSA.
101-26.105  Justification to support negotiated procurement by GSA for 
          other agencies.
101-26.106  Consolidation of requirements.
101-26.107  Priorities for use of supply sources.

             Subpart 101-26.2--Federal Requisitioning System

101-26.200  Scope of subpart.
101-26.201  General.
101-26.202  Applicability.
101-26.203  Activity address codes.
101-26.204--101-26.205  [Reserved]
101-26.206  GSA assistance.

            Subpart 101-26.3--Procurement of GSA Stock Items

101-26.300  Scope of subpart.
101-26.301  Applicability.
101-26.301-1  Similar items.
101-26.301-2  Issue of used, repaired, and rehabilitated items in 
          serviceable condition.
101-26.302  Standard and optional forms.
101-26.303  Out-of-stock items.
101-26.304  Substitution policy.
101-26.305  Submission of orders to GSA.
101-26.306  Planned requisitioning for GSA stock items.
101-26.307  Processing overages, shortages, and damages.
101-26.308  Obtaining filing cabinets.
101-26.309  Cancellation of orders for GSA stock items.
101-26.310  Ordering errors.
101-26.311  Frustrated shipments.

Subpart 101-26.4--Federal Supply Schedules  [Reserved]

               Subpart 101-26.5--GSA Procurement Programs

101-26.500  Scope and applicability of subpart.
101-26.501  Purchase of new motor vehicles.
101-26.501-1  General.
101-26.501-2  Standardized buying programs.
101-26.501-3  Consolidated purchase program.
101-26.501-4  Submission of orders.
101-26.501-5  Procurement time schedules.
101-26.501-6  Forms used in connection with delivery of vehicles.
101-26.501-7  Sale of vehicles.
101-26.501-8  [Reserved]
101-26.501-9  Centralized motor vehicle leasing program.
101-26.502  U.S. Government National Credit Card.
101-26.503  Multiple award schedule purchases made by GSA supply 
          distribution facilities.
101-26.504  [Reserved]
101-26.505  Office and household furniture and furnishings.
101-26.505-1  Description of office and household furniture.
101-26.505-2  Description of office and household furnishings.

[[Page 252]]

101-26.505-3  Requests to procure similar items from sources other than 
          GSA supply sources.
101-26.505-4--101-26.505-6  [Reserved]
101-26.505-7  GSA assistance in selection of furniture and furnishings.
101-26.506  Interior planning and design services.
101-26.506-1  Types of service.
101-26.506-2  Limitations.
101-26.506-3  Submission of requests.
101-26.506-4  Acceptance and processing of requests.
101-26.506-5  Reimbursement for services.
101-26.507  Security equipment.
101-26.507-1  Submission of requisitions.
101-26.507-2  Procurement time schedule.
101-26.507-3  Purchase of security equipment from Federal Supply 
          Schedules.
101-26.507-4  Quantities in excess of the maximum order limitation.
101-26.508  Electronic data processing (EDP) tape and instrumentation 
          tape (wide and intermediate band).
101-26.508-1  Requisitioning data processing tape available through 
          Federal Supply Schedule contracts.
101-26.508-2  Requisitioning data processing tape not available from 
          Federal Supply Schedule contracts.
101-26.508-3  Consolidation of requisitions.
101-26.509  Tabulating machine cards.
101-26.509-1  Requisitioning tabulating machine cards available from 
          Federal Supply Schedule contracts.
101-26.509-2  Requisitioning tabulating machine cards not available from 
          Federal Supply Schedule contracts.
101-26.509-3  Consolidation of requisitions.

          Subpart 101-26.6--Procurement Sources Other Than GSA

101-26.600  Scope and applicability of subpart.
101-26.601  [Reserved]
101-26.602  Fuels and packaged petroleum products obtained from or 
          through the Defense Logistics Agency.
101-26.602-1  Procurement of lubricating oils, greases, and gear 
          lubricants.
101-26.602-2  Procurement of packaged petroleum products.
101-26.602-3  Procurement of gasoline, fuel oil (diesel and burner), 
          kerosene, and solvents.
101-26.602-4  Procurement of coal.
101-26.602-5  Procurement of natural gas from the wellhead and other 
          supply sources.
101-26.603  Electronic items available from the Defense Logistics 
          Agency.
101-26.605  Items other than petroleum products and electronic items 
          available from the Defense Logistics Agency.
101-26.606  Supply support available from the inventory control points 
          of the military departments.
101-26.607  Billings.
101-26.607-1  Payments.
101-26.607-2  Adjustments.
101-26.607-3  Emergency requirements.

Subpart 101-26.7--Procurement Sources Other Than GSA and the Department 
                               of Defense

101-26.700  Scope and applicability of subpart.
101-26.701  Purchase of products and services from the blind and other 
          severely handicapped persons.
101-26.702  Purchase of products manufactured by the Federal Prison 
          Industries, Inc.
101-26.703  Marginally punched continuous forms.
101-26.704  Purchase of nonperishable subsistence (NPS) items.

Subpart 101-26.8--Discrepancies or Deficiencies in GSA or DOD Shipments, 
                          Material, or Billings

101-26.800  Scope of subpart.
101-26.801  Applicability.
101-26.802  Exclusions.
101-26.803  Discrepancies or deficiencies in shipments, material, or 
          billings.
101-26.803-1  Reporting discrepancies or deficiencies.
101-26.803-2  Reporting quality deficiencies.
101-26.803-3  Reporting of discrepancies in transportation, shipments, 
          material, or billings.
101-26.803-4  Adjustments.

Subparts 101-26.9--101-26.48  [Reserved]

                Subpart 101-26.49--Illustrations of Forms

101-26.4900  Scope of subpart.
101-26.4901  Standard forms.
101-26.4901-149  Standard Form 149, U.S. Government National Credit 
          Card.
101-26.4902  GSA forms.
101-26.4902-457  GSA Form 457, FSS Publications Mailing List 
          Application.
101-26.4902-1398  GSA Form 1398: Motor vehicle purchase and inspection 
          label.
101-26.4902-1424  GSA Form 1424, GSA Supplemental Provisions.
101-26.4902-1781  GSA Form 1781, Motor Vehicle Requisition--Delivery 
          Order.
101-26.4902-2891  GSA Form 2891, Instructions to Users of Federal Supply 
          Schedules.
101-26.4904  Other agency forms.
101-26.4904-416  DD Form 416: Purchase Request for Coal, Coke, or 
          Briquettes.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

[[Page 253]]



Sec. 101-26.000  Scope of part.

    This part prescribes policies and procedures which govern the 
procurement of personal property and nonpersonal services by Federal 
agencies from or through GSA supply sources as established by law or 
other competent authority. The specific subparts or sections covering 
the subject matter involved prescribe the extent to which the sources of 
supply are to be used by Government agencies. Certain civilian and 
military commissaries and nonappropriated fund activities are also 
eligible to use GSA supply sources for their own use, not for resale, 
unless otherwise authorized by the individual Federal agency and 
concurred in by GSA. Policy and procedures pertaining to purchasing of 
property or contracting for services from commercial sources, without 
recourse to established GSA supply sources, are provided in the Federal 
Acquisition Regulation (FAR) (48 CFR chapter 1).

[56 FR 12455, Mar. 26, 1991]



                        Subpart 101-26.1--General



Sec. 101-26.100  Scope of subpart.

    This subpart provides policy guidance of a general nature concerning 
procurement of lowest cost items obtainable from GSA supply sources; 
availability from GSA of special buying services in addition to the 
specified GSA procurement sources; criteria for placing end-of-year 
purchase documents with GSA and for insuring that end-of-year 
requisitions placed with GSA obligate the applicable fiscal year 
appropriation; and justification requirements to support negotiated 
procurement by GSA for other agencies.

[36 FR 17423, Aug. 31, 1971]



Sec. 101-26.100-1  Procurement of lowest cost items.

    GSA provides lines of similar items to meet particular end-use 
requirements under the GSA stock program, special order program (SOP) 
established source, and the Federal Supply Schedule program. Although 
these similar items may differ in terms of price, quality, and essential 
characteristics, they often can serve the same functional end-use 
procurement needs of the various ordering agencies. Therefore, in 
submitting requisitions or placing delivery orders for similar items 
obtainable from GSA sources, agencies shall utilize the source from 
which the lowest cost item can be obtained which will adequately serve 
the functional end-use purpose.

[56 FR 12455, Mar. 26, 1991]



Sec. 101-26.100-2  Request for waivers.

    Waiver requests, when required by Sec. 101-26.102-1 (special order 
program established source items), Sec. 101-26.301 (GSA stock items) or 
Sec. 101-26.401-3(b) (Federal Supply Schedule items), shall be submitted 
to the Commissioner, Federal Supply Service (F), General Services 
Administration, Washington, DC 20406. Waiver requests will be approved 
if considered justified. Approval of a waiver request does not 
constitute authority for a sole source procurement. Depending on the 
basis for the waiver request, each request shall contain the following 
information:
    (a) Waiver requests based on determination that the GSA item is not 
of the requisite quality or will not serve the required functional end-
use purpose of the agency requesting the waiver shall include the 
following information with each request:
    (1) A complete description of the type of item needed to satisfy the 
requirement. Descriptive literature such as cuts, illustrations, 
drawings, and brochures which show the characteristics or construction 
of the type of item or an explanation of the operation should be 
furnished whenever possible.
    (2) The item description and the stock number (NSN if possible) of 
the GSA item being compared. Inadequacies of the GSA items in performing 
the required functions.
    (3) The quantity required. (If demand is recurrent, nonrecurrent, or 
unpredictable, so state.)
    (4) The name and telephone number of the person to be contacted when 
questions arise concerning the request.
    (5) Other pertinent data, when applicable.
    (b) Waiver request based on determination that the GSA item can be 
purchased locally at a lower price shall include the following 
information with each request. However, the price alone

[[Page 254]]

of an item without other substantive consideration will not be 
considered sufficient justification to approve a waiver request.
    (1) A complete description of the type of item needed to satisfy the 
requirement.
    (2) The quantity required. (If demand is recurrent, nonrecurrent, or 
unpredictable, so state.)
    (3) The destination of item to be delivered.
    (4) The name and address of source.
    (5) A price comparison with the GSA item, including the NSN of the 
GSA item. Cost comparisons shall include the agency administrative cost 
to effect the local purchase.
    (6) The name and telephone number of the person to be contacted when 
questions arise concerning the request.
    (7) Other pertinent data, when applicable.
    (c) When the item is a Standard or optional form available from GSA 
stock, the provisions of Sec. 101-26.302 apply.
    (d) Agencies shall not initiate action to procure similar items from 
non-GSA sources until a request for a waiver has been requested from and 
approved by GSA. The fact that action to procure a similar item has been 
initiated will not influence GSA action on a request for waiver.
    (e) Waivers are not required for items or services procured in 
accordance with the policy set forth in Sec. 101-26.100-1 relating to 
the acquisition of the lowest cost item from GSA sources, Sec. 101-
26.401-4(f) relating to the purchase of products that are available at 
prices lower than the prices of identical products provided by multiple 
award Federal Supply Schedule contracts, or when an urgent requirement 
exists in accordance with FAR 6.302-2 (48 CFR 6.302-2).

[56 FR 12455, Mar. 26, 1991]



Sec. 101-26.100-3  Warranties.

    Through its procurement sources and programs GSA provides for 
certain types of items and services which are covered by warranties. 
Such warranties allow ordering activities additional time after 
acceptance within which to assert a right to correct certain 
deficiencies in supplies or services furnished. The additional time 
period and the specific corrective actions for which the contractor is 
responsible are usually stated in the warranty. Items and services 
subject to warranties are normally identified by a warranty marking or 
notice. Such marking or notice will state that a warranty exists, its 
extent of coverage, its duration, and whom to notify concerning defects. 
Using activities shall take the following actions when items or services 
(except for automotive vehicles and components which are subject to the 
provisions of Sec. 101-26.501-6) covered by warranty provisions are 
found to be defective during the warranty period.
    (a) Activities shall attempt to resolve all complaints where a 
warranty is involved. If the contractor replaces the item or corrects 
the deficiency, a Standard Form (SF) 368, Product Quality Deficiency 
Report, in duplicate, shall be sent to the GSA Discrepancy Reports 
Center (6FR), 1500 East Bannister Road, Kansas City, MO 64131-3088. The 
resolution of the case should be clearly stated in the text of the SF 
368. This information will be maintained as a quality history file for 
use in future procurements.
    (b) If the contractor refuses to correct, or fails to replace, a 
defective item or an aspect of service under the warranty, an SF 368, in 
duplicate, along with copies of all pertinent correspondence, shall be 
submitted to the contracting officer in the appropriate GSA commodity 
center for necessary action. The address of the contracting officer is 
contained in the contract/purchase order, except for schedule items 
where the address is shown in the Federal Supply Schedule.

[56 FR 12456, Mar. 26, 1991]



Sec. 101-26.101  Utilization of long supply and excess personal property.

    To the fullest extent practicable, agencies shall utilize 
inventories in long supply, as prescribed in subpart 101-27.3, and 
excess personal property, as prescribed in part 101-43, as a first 
source of supply in fulfilling their requirements.

[34 FR 200, Jan. 7, 1969]

[[Page 255]]



Sec. 101-26.102  Special buying services.



Sec. 101-26.102-1  General.

    The special buying services of GSA are performed through the GSA 
special order program (SOP). The SOP allows an agency to obtain items 
not included in either the GSA stock or Federal Supply Schedule program. 
All executive agencies within the United States (including Hawaii and 
Alaska), in order to maximize the use of the Government's centralized 
supply system, shall request SOP items by submitting requisitions for 
GSA centrally managed items to GSA. GSA will process all requisitions 
for SOP items, regardless of total line item value, from activities 
electing to purchase from GSA. If an agency determines that alternative 
sources are more favorable, procurement from other sources is 
authorized: Provided, that the dollar thresholds and criteria outlined 
in Sec. 101-26.301(b)(1) through (3) are followed.

[56 FR 12456, Mar. 26, 1991]



Sec. 101-26.102-2  Utilization by military agencies.

    Military activities shall utilize the buying services of GSA when:
    (a) GSA has agreed with the Secretary of Defense, or with the 
Secretary of a military department in connection with the requirements 
of that department, to perform such buying services; and
    (b) The items involved are not properly obtainable from GSA stock or 
Federal Supply Schedules.

[29 FR 15610, Nov. 20, 1964, as amended at 36 FR 17423, Aug. 31, 1971]



Sec. 101-26.102-3  Procurement leadtime.

    When GSA performs the purchasing services for other agencies or 
activities as contemplated by this Sec. 101-26.102-3, calculation of the 
delivery dates required for the items involved must be based on the 
procurement leadtimes illustrated in the GSA publication, FEDSTRIP 
Operating Guide. These leadtimes are based on the normal time required 
after receipt of agency requisitions by GSA to effect delivery to 
destinations within the 50 States.
    (a) Time required to obtain any additional essential information 
from the requisitioning office for use in issuing a solicitation for 
bids or offers is not included in the leadtimes.
    (b) If unusually large quantities or complex items are required, 
leadtime adjustments should be made to reflect the specfic requirement. 
As an example, standard furniture items can usually be delivered in less 
than 90 days after receipt of the requisition. However, for large 
quantity or complex orders requiring a definite quantity procurement, 
delivery times may range from 4 to 6 months. Footnotes relating to 
classes where this is a frequent occurence are shown in the procurement 
leadtime table illustrated in the FEDSTRIP Operating Guide.
    (c) The procurement leadtime table illustrated in the FEDSTRIP 
Operating Guide does not apply to public exigency or other high priority 
requisitions; however, it should be used as a guide to establish 
realistic required delivery dates for such requisitions.

[32 FR 17939, Dec. 15, 1967, as amended at 40 FR 41093, Sept. 5, 1975; 
57 FR 3949, Feb. 3, 1992]



Sec. 101-26.102-4  Payment to GSA contractors.

    Policies and procedures covering payment to GSA contractors for 
supplies and services furnished by GSA to Government agencies are in 
subpart 101-2.1.

[47 FR 8779, Mar. 2, 1982]



Sec. 101-26.103  Establishing essentiality of requirements.



Sec. 101-26.103-1  Policy for personal property.

    To obtain maximum benefit from Government funds available for 
procurement of personal property, each executive agency shall:
    (a) Insure that personal property currently on hand is being 
utilized to the fullest extent practical and provide supporting 
justification prior to effecting new procurement for similar type 
property. (When the proposed procurement is for similar items from non-
GSA sources, the provisions of Sec. 101-26.100-2 apply.)
    (b) Procure the minimum quantity and quality of property which is 
required to support the mission of the

[[Page 256]]

agency and to satisfy the function for which the property is required.
    (c) Limit procurement of different varieties, types, sizes, colors, 
etc., of required items to those essential in satisfying the functional 
end-use purpose. To this end the quantity, quality, and variety of 
personal property required to adequately perform the end-use function 
should be determined prior to initiation of procurement processes.

[36 FR 17423, Aug. 31, 1971]



Sec. 101-26.103-2  Restriction on personal convenience items.

    Government funds may be expended for pictures, objects of art, 
plants, or flowers (both artificial and real), or any other similar type 
items when such items are included in a plan for the decoration of 
Federal buildings approved by the agency responsible for the design and 
construction. Determinations as to the need for purchasing such items 
for use in space assigned to any agency are judgments reserved to the 
agency. Determinations with respect to public space such as corridors 
and lobbies are reserved to the agency responsible for operation of the 
building. Except as otherwise authorized by law, Government funds shall 
not be expended for pictures, objects of art, plants, flowers (both 
artificial and real), or any other similar type items intended solely 
for the personal convenience or to satisfy the personal desire of an 
official or employee. These items fall into the category of ``luxury 
items'' since they do not contribute to the fulfillment of missions 
normally assigned to Federal agencies.

[36 FR 17423, Aug. 31, 1971]



Sec. 101-26.104  End-of-year submission of requisitions for action by GSA.

    (a) Purchase documents for supplies or services submitted to GSA at 
or near the close of a fiscal year shall reflect actual agency 
requirements and shall not be used as a means of exhausting 
appropriation balances.
    (b) Under the FEDSTRIP/MILSTRIP systems, the requisitions submitted 
to GSA are not required to reflect the applicable appropriation or 
fiscal year funds to be charged. The fund code entry on the requisition 
simply indicates to the supply source (GSA) that funds are available to 
pay the charge, thereby providing authority for the release of material 
and subsequent billing. Requisitions received by GSA in purchase 
authority format are normally converted to FEDSTRIP/MILSTRIP 
documentation so that processing can be accomplished expeditiously 
through a uniform system based on the use of automated equipment. 
Accordingly, primary responsibility rests with the ordering activity for 
ensuring that requisitions intended to be chargeable to appropriations 
expiring the last day of the fiscal year are submitted in sufficient 
time for GSA to consummate the necessary action before the end of the 
fiscal year. Requisitions submitted on or before the last day of the 
fiscal year may be chargeable to appropriations expiring on that date 
provided the ordering agency is required by law or GSA regulation to use 
GSA supply sources. When the ordering agency is not required to use GSA 
sources, requisitions for GSA stock items may be recorded as obligations 
provided the items are intended to meet a bona fide need of the fiscal 
year in which the need arises or to replace stock used in that fiscal 
year; requests for other than GSA stock items are to be recorded as 
obligations at the time GSA awards a contract for the required items. In 
the latter case, GSA procurement leadtimes illustrated in the GSA 
publication, FEDSTRIP Operating Guide, should be used as a guide for 
timely submission of these requisitions. The leadtimes referred to 
relate to the number of days between submission of a requisition and 
actual delivery of the items involved. While this may furnish some 
guidance to requisitioners, there is no direct relationship between 
those leadtimes and the time it takes for GSA to make an award of a 
contract.
    (c) End-of-year submission of requisitions which require GSA to 
award a contract not later than the last day of the fiscal year in order 
to obligate the appropriation or funds of the ordering agency will be 
annotated to indicate that GSA procurement of the requested items must 
be accomplished not later than the last day of the fiscal year in

[[Page 257]]

which the requisitions are submitted. For example, a FEDSTRIP/MILSTRIP 
requisition should be prepared to include Document Identifier Code A0E 
or A05 and reflect the annotation in the ``Remarks'' block. With this 
information GSA will attempt to complete procurement action before the 
end of the fiscal year. When a requistion is received too late to permit 
GSA to complete procurement action before the end of the fiscal year, 
the requisitioning activity will be so notified and requested to furnish 
instructions regarding the action to be taken. Based on these 
instructions, procurement action will be taken or the requisition will 
be canceled and returned to the ordering activity.

[33 FR 19013, Dec. 20, 1968, as amended at 40 FR 41093, Sept. 5, 1975; 
57 FR 3949, Feb. 3, 1992]



Sec. 101-26.105  Justification to support negotiated procurement by GSA for other agencies.

    When a requisition submitted by an agency to GSA requires 
procurement without providing for full and open competition, the agency 
submitting the requisition will be so notified and required to furnish 
specific information to assist GSA in preparing the required written 
justification. The GSA contracting officer will defer procurement action 
pending receipt of the requested information. If the requisitioning 
agency has prior knowledge that a requisition will require procurement 
without providing for full and open competition (e.g., sole source 
acquisition), sufficient information shall be included with the 
requisition to allow GSA to justify the procurement. Specifically, the 
information must include the following:
    (a) The specific needs to be satisfied in terms of identified tasks 
or work processes;
    (b) The requirements that generate the specific needs;
    (c) The characteristics of the designated item that enable it to 
satisfy the specific needs, if a specific source(s) is requested;
    (d) The identification of other items evaluated and, for each, a 
statement of the characteristics (or lack thereof) which preclude their 
satisfying the specific needs, if a specific source(s) is requested;
    (e) The citation of the applicable law, if any, authorizing other 
than full and open competition (see FAR 6.302 (48 CFR 6.302); and
    (f) Any required certifications, pursuant to FAR 6.303-2(b) (48 CFR 
6.303-2(b)), that supporting data is complete and accurate.

[56 FR 12456, Mar. 26, 1991]



Sec. 101-26.106  Consolidation of requirements.

    Full consideration shall be given to the consolidation of individual 
small volume requirements to enable the Government to benefit from lower 
prices normally obtainable through definite quantity contracts for 
larger volume procurements. This policy pertains to procurement from 
commercial sources either directly or through an intermediary agency and 
does not apply to GSA stock items or small volume requirements normally 
obtained from GSA customer supply centers. When it is practical, each 
agency shall establish procedures that will permit planned requirements 
consolidation on an agencywide basis. When it is impractical to plan 
requirements on an agencywide consolidated basis, the requirements 
consolidation effort may be limited to a bureau, to other agency 
segments, or to a program, if such limited consolidation will provide 
significant price advantages when procurement is effected on a volume 
basis. Requisitions for item requirements exceeding maximum order 
limitations in Federal Supply Schedule contracts shall be submitted to 
GSA in accordance with the applicable instructions in the respective 
schedules. Special buying services desired by agencies for procurement 
of other consolidated item requirements shall be requested from GSA in 
accordance with Sec. 101-26.102.

[51 FR 13498, Apr. 21, 1986]



Sec. 101-26.107  Priorities for use of supply sources.

    (a) Executive agencies shall satisfy requirements for supplies and 
services

[[Page 258]]

from or through the sources and publications listed below in descending 
order of priority:
    (1) Supplies. (i) Agency inventories;
    (ii) Excess for other agencies (see part 101-43 and 48 CFR subpart 
8.1);
    (iii) Federal Prison Industries, Inc. (UNICOR) (see Sec. 101-26.702 
and 48 CFR subpart 8.6);
    (iv) Procurement lists of products available from the Committee for 
Purchase From People Who Are Blind or Severely Disabled (see 
Sec. 101.26.701 and 48 CFR subpart 8.7);
    (v) Central supply sources, such as the stock, special order, or 
customer supply center programs of the General Services Administration 
(GSA) (see subpart 101-26.3, Sec. 101-26.102, and subpart 101-28.3), the 
Defense Logistics Agency (see subpart 101-26.6), the Department of 
Veterans Affairs (see Sec. 101-26.704), and military inventory control 
points (see Sec. 101-26.606);
    (vi) Mandatory Federal Supply Schedules (see subpart 101-26.4 and 48 
CFR subpart 8.4);
    (vii) Optional use Federal Supply Schedules (see subpart 101-26.4 
and 48 CFR subpart 8.4); and
    (viii) Commercial sources (including educational and nonprofit 
institutions).
    (2) Services. (i) Procurement lists of services available from the 
Committee for Purchase From People Who Are Blind or Severely Disabled 
(see Sec. 101-26.701 and 48 CFR subpart 8.7);
    (ii) Mandatory Federal Supply Schedules (see subpart 101-26.4 and 48 
CFR subpart 8.4);
    (iii) Optional use Federal Supply Schedules (see subpart 101-26.4 
and 48 CFR subpart 8.4); and
    (iv) Federal Prison Industries, Inc. (UNICOR) (see Sec. 101-26.702 
and 48 CFR subpart 8.6) or other commercial sources (including 
educational and nonprofit institutions).
    (b) Sources other than those listed in paragraph (a) of this section 
may be used as prescribed in Sec. 101-26.301 and in an unusual and 
compelling urgency as prescribed in Sec. 101-25.101-5 and 48 CFR 6.302-
2.


[58 FR 41367, Aug. 5, 1993]



             Subpart 101-26.2--Federal Requisitioning System



Sec. 101-26.200  Scope of subpart.

    This subpart prescribes a uniform requisitioning and issue system 
for use in obtaining supplies and equipment from GSA, Department of 
Defense, and Veterans Administration sources.

[43 FR 19852, May 9, 1978]



Sec. 101-26.201  General.

    This requisitioning and issue system is identified as the Federal 
Standard Requisitioning and Issue Procedures (FEDSTRIP) and is similar 
to and compatible with the Military Standard Requisitioning and Issue 
Procedures (MILSTRIP). The FEDSTRIP system provides GSA and other supply 
sources the means to automate the processing of requisitions. Detailed 
instructions required to implement FEDSTRIP are contained in the GSA 
Handbook, FEDSTRIP Operating Guide (FPMR 101-26.2), which is issued and 
maintained by the Commissioner, Federal Supply Service, GSA.

[43 FR 19852, May 9, 1978]



Sec. 101-26.202  Applicability.

    The FEDSTRIP system shall be used by civilian agencies to requistion 
any item from GSA or to requisition any specifically authorized item 
from Department of Defense (DOD). Requisitions to the Veterans 
Administration (VA) should be submitted on punched cards in FEDSTRIP 
format or typed on Standard Form 147, Order for Supplies or Services.

[43 FR 19853, May 9, 1978]



Sec. 101-26.203  Activity address codes.

    To obtain items through the FEDSTRIP system, each ordering activity 
is required to have an activity address code. The FEDSTRIP Operating 
Guide (FPMR 101-26.2) contains instructions to civilian agencies on 
requesting activity address codes. Once assigned, an activity address 
code allows an activity to order supplies under the FEDSTRIP system. 
Because there is a potential for abuse in the use of these codes, 
agencies shall establish stringent internal controls to ensure

[[Page 259]]

that the codes are used only by authorized personnel. It is imperative 
that all requests for activity address codes or deletions or address 
changes flow through a central contact point in the agency headquarters 
or regions where the need, purpose, and validity of the request can be 
verified. Agencies should send GSA the addresses of the contact points 
(mailing address: General Services Administration (FSR), Washington, DC 
20406). GSA will only honor requests from the established points within 
the agency. GSA will periodically send a listing of current activity 
address codes and addresses to contact points for review.

[45 FR 71565, Oct. 29, 1980]



Secs. 101-26.204--101-26.205  [Reserved]



Sec. 101-26.206  GSA assistance.

    Agency field activities should direct their questions regarding 
FEDSTRIP to the Federal Supply Service at each GSA regional office. The 
addresses of GSA regional offices are listed in each of the volumes of 
the GSA Supply Catalog. Agency headquarters activities requiring 
assistance may contact General Services Administration (FSR), 
Washington, DC 20406.

[45 FR 71565, Oct. 29, 1980]



            Subpart 101-26.3--Procurement of GSA Stock Items



Sec. 101-26.300  Scope of subpart.

    This subpart prescribes policy and procedures governing the 
procurement by agencies of items of supply stocked by GSA, including 
reporting and obtaining adjustments for overages, shortages, and damages 
and the issue of used, repaired, and rehabilitated items in serviceable 
condition.

[35 FR 12721, Aug. 11, 1970]



Sec. 101-26.301  Applicability.

    All executive agencies within the United States (including Hawaii 
and Alaska), in order to maximize the use of the Government's 
centralized supply system, shall requisition GSA stock items in 
accordance with the following:
    (a) When the requirement is for Standard and optional forms, an item 
produced by the Federal Prison Industries, Inc. (FPI), or an item listed 
in the procurement list published by the Committee for Purchase from the 
Blind and Other Severely Handicapped (NIB-NISH), the dollar thresholds 
and language indicated in paragraph (b) of this section are not 
applicable and acquisition of such items continues to be as set forth in 
the applicable sections of the Federal Acquisition Regulation, Federal 
Property Management Regulations and other appropriate regulations. In 
order to identify FPI/NIB-NISH items stocked by GSA, they are marked 
with an asterisk in the GSA Supply Catalog NSN index,
    (b) GSA will process all requisitions for stock items, regardless of 
total line item value, from activities electing to purchase from GSA. If 
an agency determines that alternative sources are more favorable, the 
following guidelines shall apply. However, the price alone of an item 
without other substantive consideration will not be considered as 
sufficient justification to use alternative sources. (These guidelines 
also apply to the procurement of special order program (SOP) established 
source, see Sec. 101-26.102-1.)
    (1) When the total value of the line item requirement is less than 
$100, procurement from other sources is authorized.
    (2) When the total value of the line item requirement is $100 or 
more, but less than $5,000, procurement from other sources is 
authorized: provided, that a written justification shall be prepared and 
placed in the purchase file stating that such action is judged to be in 
the best interest of the Government in terms of the combination of 
quality, timeliness, and cost that best meets the requirement. Cost 
comparisons shall include the agency administrative cost to effect a 
local purchase.
    (3) For total line item requirements of $5,000 and over, agencies 
shall submit a requisition to GSA unless a waiver has been approved by 
GSA. Request for waivers shall be submitted in accordance with Sec. 101-
26.100-2.
    (c) Agencies shall not divide requisitions to avoid higher threshold 
documentation requirements.
    (d) In authorizing procurements in accordance with paragraph (b)(2) 
of

[[Page 260]]

this section, agencies shall reimburse GSA for any cost arising out of 
breach of a GSA contract, where sufficient justification is not 
documented in their procurement files.

[56 FR 12457, Mar. 26, 1991]



Sec. 101-26.301-1  Similar items.

    (a) Agencies required to requisition, exclusively, items listed in 
the GSA Supply Catalog shall utilize such items in lieu of procuring 
similar items from other sources when the GSA items will adequately 
serve the required functional end-use purpose.
    (b) When an agency determines that items available from GSA stock 
will not serve the required functional end-use purpose of the item 
proposed to be procured, a request to waive the requirement to use this 
source shall be submitted to GSA for consideration in accordance with 
the provisions of Sec. 101-26.100-2.

[36 FR 17424, Aug. 31, 1971, as amended at 38 FR 28566, Oct. 15, 1973]



Sec. 101-26.301-2  Issue of used, repaired, and rehabilitated items in serviceable condition.

    Stock items returned to GSA under the provisions of subpart 101-27.5 
will be reissued to all requisitioning activities without distinction 
between new, used, repaired, or rehabilitated items in serviceable 
condition. Requisitioning agencies will be billed for these items at the 
current GSA selling price.

[38 FR 28566, Oct. 15, 1973]



Sec. 101-26.302  Standard and optional forms.

    Agencies shall obtain Standard and optional forms by requisitioning 
them from GSA (FSS) unless the forms have been approved by GSA (KMPS) to 
be stocked and distributed by the promulgating agency or to be 
reproduced locally. Assistance or information on the forms management 
program may be obtained by contacting GSA (KMPS), Washington, DC 20405. 
(See part 201-45, subpart 201-45.5 of this chapter.)
    (a) For purposes of economy, existing stocks are depleted prior to 
issuance of revisions unless the promulgating agency determines previous 
editions unusable and obsolete.
    (b) Forms or form assemblies which deviate from the standard and 
optional forms listed in the GSA Supply Catalog have restricted use and 
are not stocked. Agencies requiring such forms shall prepare and 
transmit a Standard Form 1, Printing and Binding Requisition, or 
Standard Form 1-C, Printing and Binding Requisition for Specialty Items, 
to the General Services Administration, Federal Supply Service (FCNI), 
Washington, DC 20406, for review and submission to GPO. Prior approval 
of GSA (KMPS) is required whenever the content or construction of a form 
is altered or modified. Requests for such exceptions may be obtained by 
submission of a SF 152, Requests for Clearance of a Standard or Optional 
Form or Exception, to GSA (KMPS), with appropriate justification.
    (c) Certain standard forms are serially numbered and are to be 
accounted for to prevent possible fraudulent use. The General Accounting 
Office (GAO) requires accurate accountability records to be maintained 
for such items by applicable agencies. GSA forwards a receipt 
verification card with each shipment of accountable forms. The receiving 
agency is responsible for verifying receipt of the serially numbered 
forms in the shipment by returning the card to the address preprinted on 
the card. See Sec. 101-41.308 of this chapter for information governing 
agency control and disposition of unused U.S. Government Bills of Lading 
(GBL's).
    (d) Standard and optional forms which are excess to the needs of an 
agency shall be reported to GSA in the same manner as other excess 
personal property pursuant to part 101-43 of this chapter. Obsolete 
forms shall be disposed of under the provisions of part 101-45 of this 
chapter.

[56 FR 12457, Mar. 26, 1991]



Sec. 101-26.303  Out-of-stock items.

    Generally, it is more advantageous to agencies if GSA backorders 
requisitions for out-of-stock items rather than cancels requisitions. 
Unless notified by agencies not to backorder a requisition, through 
FEDSTRIP advice codes 2C or 2J, a back order will be established. The 
agency will be notified of the estimated date that shipment

[[Page 261]]

will be made. Upon receipt of the status transaction, the agency shall 
determine if the estimated shipping date will meet its needs and, as 
appropriate: (a) Accept the back order, (b) request a suitable 
substitute item, or (c) request cancellation in accordance with 
Sec. 101-26.309.

[43 FR 22210, May 24, 1978]



Sec. 101-26.304  Substitution policy.

    In supplying items requisitioned from GSA stock, GSA may substitute 
items with similar characteristics. Substitute items may be issued from 
new stock or from returned stock that is in serviceable condition 
(condition code A) as described in Sec. 101-27.503-1. A notice of intent 
to substitute will be provided to the ordering activity only if the 
characteristics of the substitute item differ substantially from the 
characteristics of the item requisitioned. Ordering activities may 
prevent substitution by entering advice code 2B (do not substitute) or 
2J (do not substitute or backorder) in cc 65-66 of requisitions.

[45 FR 27764, Apr. 24, 1980]



Sec. 101-26.305  Submission of orders to GSA.

    (a) Orders shall be submitted in accordance with the instructions in 
the FEDSTRIP Operating Guide (FPMR 101-26.2).
    (b) Orders in other than FEDSTRIP format shall be submitted:
    (1) In original only when for shipment to destinations in the United 
States, including Hawaii but excluding Alaska.
    (2) In accordance with applicable GSA/agency agreements when for 
shipment to Alaska or for export to destinations outside the United 
States.
    (c) Sufficient funds should be reserved by the requisitioner to 
cover expenses incurred by GSA in export packing, marking, 
documentation, etc. GSA will assess a surcharge on all material ordered 
and delivered to customers in certain overseas areas. The surcharge is a 
percentage factor of the value of the material shipped. Information on 
the specific areas and the current percentage of surcharge is included 
in the GSA Handbook, Discrepancies or Deficiencies in GSA or DOD 
Shipments, Material, or Billings (FPMR 101-26.8). The surcharge is a 
percentage factor of the value of the material shipped. Information on 
the current percentage of surcharge may be obtained from the GSA 
regional office to which orders are submitted.

[30 FR 13826, Oct. 30, 1965, as amended at 42 FR 58748, Nov. 11, 1977; 
42 FR 61597, Dec. 6, 1977]



Sec. 101-26.306  Planned requisitioning for GSA stock items.

    In preparing requisitions for GSA stock items, agencies shall follow 
schedules or cyclical plans for replenishment of stocks so as to reduce 
the number of repetitive requisitions required while adjusting ordering 
frequency to comply with the economic order quantity principle. (See 
Sec. 101-27.102.)

[43 FR 22211, May 24, 1978]



Sec. 101-26.307  Processing overages, shortages, and damages.

    (a) Transportation-type discrepancies shall be processed in 
accordance with the instructions in subpart 101-40.7 when the 
discrepancies are the fault of the carrier and occur while the shipments 
are in the possession of:
    (1) International ocean or air carriers, regardless of who pays the 
transportation charges, except when shipment is on a through Government 
bill of lading (TGBL) or is made through the Defense Transportation 
System (DTS) (Discrepancies in shipments on a TGBL or which occur while 
in the DTS shall be reported as prescribed in subpart 101-26.8.); or
    (2) Carriers within the continental United States, when other than 
GSA or DOD pays the transportation charges.
    (b) Reporting discrepancies or deficiencies in material or shipments 
and processing requests for or documenting adjustments in billings from 
or directed by GSA activities shall be in accordance with the provisions 
of subpart 101-26.8.

[41 FR 56320, Dec. 28, 1976]



Sec. 101-26.308  Obtaining filing cabinets.

    Each agency head, after taking actions prescribed in Sec. 101-
25.302-2, shall

[[Page 262]]

determine agency requirements for filing cabinets. When additional 
filing cabinets are required, requisitions shall be submitted in 
FEDSTRIP format to the GSA region supporting the geographic area in 
which the requisitioning agency is located.

[43 FR 22211, May 24, 1978]



Sec. 101-26.309  Cancellation of orders for GSA stock items.

    When an agency determines that material ordered from GSA is not 
required, GSA will accept requests for cancellation as long as the items 
ordered have not been shipped. However, since processing cancellations 
is costly and interferes with normal order processing, agencies are 
cautioned to use discretion in requesting cancellation of low dollar 
value orders. Cancellation of orders may be accomplished by agencies 
through written, telegraphic, or telephonic communication with the GSA 
regional office to which the order was sent. However, telephonic 
communication should be used whenever feasible to forestall shipment of 
material and subsequent billing by GSA. If material has been shipped, 
GSA will advise that cancellation cannot be effected and agency requests 
for return for credit will be processed under the provisions of 
Secs. 101-26.310 and 101-26.311.

[32 FR 11163, Aug. 1, 1967]



Sec. 101-26.310  Ordering errors.

    In accordance with the provisions of this Sec. 101-26.310, GSA may 
authorize agencies to return for credit material that has been ordered 
in error by the agency. Material shipped in error by GSA is subject to 
the provisions of the GSA Handbook, Discrepancies or Deficiencies in GSA 
or DOD Shipments, Material, or Billings (FPMR 101-26.8). Credit for 
material ordered in error will be based on the selling price billed the 
agency at the time shipment was made to the agency, with the adjustment 
reflected in current or future billings. Material shall not be returned 
until appropriate documentation is received from GSA.
    (a) The return of material by an agency, to correct ordering errors, 
may be authorized and later accepted by GSA: Provided,
    (1) The value of the material exceeds $25 per line item based on the 
selling price billed the customer.
    (2) Authorization to return is requested from the GSA Discrepancy 
Reports Center (6FRB), 1500 East Bannister Road, Kansas City, MO 64131 
within 45 calendar days (60 calendar days for overseas points) after 
receipt of shipment. Requests should always contain a complete 
explanation of reason(s) for return of the material. Exceptions may be 
granted on a case-by-case basis when GSA is in need of the material and 
extenuating circumstances precluded earlier submission of the request.
    (3) Each item is in ``like-new'' condition and is identified by a 
stock number in the current edition of the GSA Supply Catalog.
    (4) Each item is identified with a specific purchase order or 
requisition number.
    (5) The condition of the material is acceptable on inspection by 
GSA. When it is not acceptable, disposition, without credit, will be 
made by GSA. However, when the condition is attributable to carrier 
negligence, subsequent credit allowed by GSA will be reduced by the 
amount to be paid the agency by the carrier for damages incurred.
    (6) The merchandise to be returned will not adversely affect the GSA 
nationwide inventory situation.
    (7) The return transportation costs are not excessive in relation to 
the cost of the material.
    (b) Transportation costs on material specifically authorized for 
return by a GSA regional office will be paid by the customer activity. 
Claims against carriers for discrepancies in shipment will also be the 
responsibility of the customer activity in accordance with the 
provisions of subpart 101-40.7. When appropriate, GSA will prepare 
initial documentation to support claim actions.

[35 FR 181, Jan. 6, 1970, as amended at 38 FR 28567, Oct. 15, 1973; 42 
FR 58748, Nov. 11, 1977; 50 FR 42021, Oct. 17, 1985]



Sec. 101-26.311  Frustrated shipments.

    (a) At the request of the ordering agency, GSA may authorize 
diversion or return for credit of any shipment consigned to an overseas 
destination

[[Page 263]]

which, while en route, cannot be continued onward for any reason and for 
which the consignee or requisitioning agency cannot provide diversion 
instructions:


Provided, The frustration occurs at a water or air terminal and title to 
the material has not passed from the Government. Frustrated shipments 
located outside the United States are the responsibility of the 
consignee or ordering agency. However, GSA will assist the agency 
whenever possible in disposing of the material when it cannot be 
utilized by the overseas control area of the agency, e.g., oversea 
command or AID area.
    (b) Requests to GSA for disposition instructions shall be directed 
to the GSA office which made the shipment. Data provided by the agency 
shall include the original requisition document number, purchase order 
number (if any), supplementary addresses, and present location of the 
frustrated shipment. In addition, the agency should furnish the 
Government bill of lading number or commercial bill of lading reference, 
and the carrier's freight or waybill number.
    (c) GSA may direct disposition of such material through any of the 
means listed below. Disposition instructions will include a 
determination by GSA as to the responsibility for payment of 
transportation costs.
    (1) Shipment of material to another consignee.
    (2) Temporary storage pending further instructions.
    (3) Return to GSA stock.
    (4) Disposal by agency.
    (5) Disposition through other means if deemed to be in the best 
interest of the Government.
    (d) GSA will provide required documentation to accomplish the 
desired action and will, if appropriate, initiate necessary adjustments 
in billing.
    (e) Frustrated shipments involving other than GSA stock items will 
be treated in a manner similar to that prescribed in this Sec. 101-
26.311 on a case by case basis.

[30 FR 11138, Aug. 28, 1965, as amended at 35 FR 12721, Aug. 11, 1970; 
42 FR 58748, Nov. 11, 1977]

Subpart 101-26.4--Federal Supply Schedules  [Reserved]



               Subpart 101-26.5--GSA Procurement Programs



Sec. 101-26.500  Scope and applicability of subpart.

    (a) This subpart prescribes policies and procedures relating to GSA 
procurement programs other than the GSA stock and the Federal supply 
schedule programs. Also excluded are the policies and procedures 
relating to the procurement of automatic data processing equipment and 
services set forth in part 101-36.
    (b) The policies and procedures in this subpart 101-26.5 are 
applicable to executive agencies except as otherwise specifically 
indicated. Federal agencies other than executive agencies may 
participate in these programs and are encouraged to do so.

[43 FR 32767, July 28, 1978]



Sec. 101-26.501  Purchase of new motor vehicles.

    (a) It shall be the policy to procure commercially available motor 
vehicles, unless other vehicles are specifically required.
    (b) New sedans, station wagons, and light trucks (other than those 
to be used for law enforcement or where other than standard vehicles are 
required) shall be procured as follows: Sedans, class IB-subcompact or 
II-compact; station wagons, class I-subcompact or class II compact 
vehicles, as described in Federal standard No. 122; and light trucks as 
defined in Federal standard Nos. 292 and 307. (Federal standard Nos. 
122, 292, and 307 as used in this section mean the latest editions.)
    Requisitions submitted to GSA for motor vehicles shall be in 
conformance with the requirements of subpart 101-38.1.
    (1) Standard passenger vehicles as defined in Federal standard No. 
122 are considered to be completely equipped for ordinary operation and 
are subject to the maximum statutory price limitation.
    (2) Items (vehicles) included in Federal standard No. 122 other than 
those

[[Page 264]]

listed as standard (basic units) are considered to be equipped with 
additional systems and equipment for passenger vehicles.
    (c) Requisitions submitted to GSA for the acquisition of new 
passenger vehicles and light trucks under 8500 GVWR (gross vehicle 
weight rating) shall be in conformance with Pub. L. 94-163 and Executive 
Order 12375.
    (d) New trucks and buses shall be requisitioned in accordance with 
the provisions of this Sec. 101-26.501 and the following:
    (1) Light trucks shall be in accordance with Federal standard Nos. 
292 and 307; and
    (2) Medium and heavy trucks and buses, when not procured from 
standardized buying programs, shall be in accordance with the latest 
editions of Federal standard No. 794, Federal specification Nos. KKK-T-
2107, 2108, 2109, 2110, 2111, and Federal specification No. KKK-B-1579. 
Standardized buying programs shall be based on these specifications as 
appropriate.
    (e) Selection of additional systems or equipment in new vehicles 
shall be made by the requiring agency and shall be based on the need to 
provide for overall safety, efficiency, economy, and suitability of the 
vehicle for the purposes intended pursuant to Sec. 101-38.104-2.
    (1) The essentiality of such systems or equipment shall be weighed 
against the economic factors involved, the potential benefits to be 
derived therefrom, and the impact on the fuel consumption 
characteristics of the vehicle.
    (2) Additional systems or equipment requested to be purchased by GSA 
will be construed to have been determined essential for the effective 
operation of the vehicle involved by the agency head or a designee. When 
systems or equipment other than those listed in Federal standards are 
requested, these systems or equipment shall be considered and treated as 
deviations under Sec. 101-26.501-4(b).

[57 FR 47777, Oct. 20, 1992]



Sec. 101-26.501-1  General.

    Except as provided for the Department of Defense (DOD) in paragraph 
(a) of this section, each executive agency shall submit to GSA for 
procurement its orders for purchase in the United States of all new 
passenger motor vehicles (FSC 2310), trucks or truck tractors (FSC 
2320), trailers (FSC 2330) van type (with payload of not less than 5,000 
nor more than 50,000 pounds), and firetrucks and firefighting trailers 
(FSC 4210). Specifically included are sedans, station wagons, carryalls, 
ambulances, buses, and trucks, including trucks with specialized mounted 
equipment, truck chassis with special purpose bodies, and all van-type 
trailers (with payload of not less than 5,000 nor more than 50,000 
pounds).
    (a) DOD shall submit to GSA for procurement its orders for purchase 
in the United States for all non-tactical vehicles including, but not 
limited to, commercial-type passenger motor vehicles (FSC 2310), 
including buses, and trucks and truck tractors (FSC 2320).
    (b) When it is determined by the ordering activity that requirements 
for passenger motor vehicles and trucks indicate the need for 
procurement by buying activities other than GSA, a request for waiver 
justifying the procurement shall be submitted in writing to the General 
Services Administration (FCA), Washington, DC 20406. GSA will notify 
agencies in writing whether a waiver has been granted. Justification may 
be based on the urgency of need or the fact that the vehicle has unique 
characteristics, such as special purpose body or equipment, requiring 
the agency personnel to closely supervise installation of the equipment 
by the contractor; e.g., when a medical van is to be equipped with 
Government- or contractor-supplied equipment. Requests for procurement 
through sources other than GSA will be handled on an individual basis 
provided full justification is submitted therefore.
    (c) When it is determined by GSA that procurement of an individual 
agency requirement by GSA would offer no advantage over local purchase 
of the item, GSA may grant the ordering activity authority for local 
purchase. When such a determination is made, the order will be returned 
to the

[[Page 265]]

ordering agency with written authority for local purchase.

[38 FR 2176, Jan. 22, 1973, as amended at 43 FR 32767, July 28, 1978; 47 
FR 41362, Sept. 20, 1982; 52 FR 29523, Aug. 10, 1987; 57 FR 47777, Oct. 
20, 1992]



Sec. 101-26.501-2  Standardized buying programs.

    Wherever practical, requirements for motor vehicles will be 
satisfied under existing standardized buying programs (Indefinite 
Quantity, Requirements, Federal Supply Schedule contracts). Agencies not 
familiar with these programs, or seeking additional information about 
them, are encouraged to contact the GSA Automotive Commodity Center 
prior to submitting their orders.
    (a) Requirements contracts are in place or anticipated to be in 
place for the following types of standard motor vehicles:
    (1) Medium and heavy trucks:
    (i) 4x2 and 6x4 cab-chassis, stake, van, dump, and truck-tractor; 
19,000 to 60,000 pounds GVWR.
    (ii) 4x4 and 6x4 cab-chassis, stake, dump, and truck-tractor; 26,000 
to 52,000 pounds GVWR.
    (iii) 1,200 and 2,000 gallon fuel servicing vehicles; and 2,000 
gallon aircraft refueler.
    (2) Ambulances (in accordance with Federal Specification No. KKK-A-
1822): Type I, modular body on cab-chassis; Type II, van body with 
raised roof; Type III, modular body on van cutaway chassis.
    (3) Buses and mini-buses, including school buses:
    (i) 32 to 44 adult passenger; 48 to 66 school age passenger.
    (ii) 12 to 28 adult passenger; 24 to 42 school age passenger.
    (4) Sedans and station wagons (based on standardized, consolidated 
requirements).
    (5) Certain types of light trucks (e.g., conventional carryall, 
maintenance telephone utility); requirements contracts are established 
to cover as many types of light trucks as feasible.
    (b) Federal Supply Schedule contracts are available to cover certain 
special purpose motor vehicles, such as firefighting trucks, waste 
disposal trucks, and construction equipment.

[57 FR 47777, Oct. 20, 1992]



Sec. 101-26.501-3  Consolidated purchase program.

    (a) Except as noted in Sec. 101-26.501(a) and where motor vehicle 
requirements can not be satisfied under the standardized buying programs 
described in Sec. 101-26.501-2, GSA will continue to make consolidated 
procurements of all motor vehicle types each year to achieve maximum 
benefits and economies, as follows:
    (1) Family buys--Large annual consolidated buys for sedans, station 
wagons, and standard light trucks, purchased in the aggregate by group 
to the extent practical. These procurements are designed to obtain the 
best market prices available and are normally definite quantity type 
with maximum option potential. It is anticipated that resulting 
contracts will remain in place from approximately mid-November to 
approximately May 1 (or end of model year closeout).
    (2) Two (2) volume procurements each year for light trucks of the 
types covered by Federal standard Nos. 292 and 307, but not covered by 
standardized buying programs or family buys, as previously described. 
Requisitions to be included under these two procurements should reach 
the GSA Automotive Commodity Center by June 15 and December 1 
respectively.
    (3) Up to three (3) consolidated procurements for medium and heavy 
trucks and buses of the types covered by Federal standard No. 794, 
Federal specification Nos. KKK-T-2107, 2108, 2109, 2110, 2111, and 
Federal specification No. KKK-B-1579.
    (b) Requirements not covered by Federal standards 122, 292, 307, or 
794 shall conform with the provisions of Sec. 101-26.501-4.

[57 FR 47777, Oct. 20, 1992]



Sec. 101-26.501-4  Submission of orders.

    Orders for all motor vehicles shall be submitted on GSA Form 1781, 
Motor Vehicle Requisition, or DD Form 448, Military Interdepartmental 
Purchase

[[Page 266]]

Request (MIPR), to the General Services Administration, Automotive 
Commodity Center (FCA), Washington, DC 20406, and shall contain required 
FEDSTRIP data for mechanized processing. The Department of Defense shall 
ensure that appropriate MILSTRIP data are entered on DD Form 448.
    (a) Requisitions covering vehicle types not included in Federal 
standard Nos. 122, 292, 307, or 794, in a military specification, or in 
an agency specification on file with GSA, shall contain complete 
descriptions of the vehicles required, the intended use of the vehicles, 
and terrain in which the vehicles will be used.
    (b) Requisitions for vehicles within the category of Federal 
standard Nos. 122, 292, 307, or 794, but for which deviations from such 
standards are required, unless already waived by the Director, 
Automotive Commodity Center (FCA), Federal Supply Service, GSA, 
Washington, DC 20406, shall include with the requisition a justification 
supporting each deviation from the standards and shall contain a 
statement of the intended use of the vehicles, including a description 
of the terrain in which the vehicles will be used. Prior approval of 
deviations shall be indicated on the requisitions by citing the waiver 
authorization number.
    (c) GSA Form 1781, Motor Vehicle Requisition, has been specifically 
designed for agency use to expedite ordering of all vehicles. Agencies 
are requested to use GSA Form 1781 as a single-line-item requisition for 
nonstandard as well as standard vehicles. When ordering standard 
vehicles, the appropriate standard item number for such vehicles 
equipped to meet specific operational needs may be selected from the 
applicable table in the Federal standards. Additional systems and 
equipment may be added by inserting in the ``Option Codes'' portion of 
the form the appropriate code for the selected items from the table of 
options in the standard. When ordering nonstandard vehicles or options, 
the instructions on the reverse of GSA Form 1781, properly completed, 
will satisfy the requirements regarding the submission of requisitions 
as set forth in paragraph (a) of this section.
    (d) Each requisition shall indicate the appropriation fund code to 
be charged and must bear the original signature of an officer authorized 
to obligate cited funds.
    (e) Separate requisitions shall be submitted for each vehicle type 
and consignee.

[57 FR 47778, Oct. 20, 1992]



Sec. 101-26.501-5  Procurement time schedules.

    (a) Requisitions covering vehicle types included in Federal standard 
Nos. 122, 292, 307, 794, Federal specification Nos. KKK-T-2107, 2108, 
2109, 2110, 2111, and Federal specification No. KKK-B-1579 will be 
procured either under a standardized buying program, as described in 
Sec. 101-26.501-2, or a consolidated purchase program, as described in 
Sec. 101-26.501-3, unless a statement is included justifying the need 
for delivery other than the delivery times indicated in this section. 
Requisitions containing a statement of justification will be handled on 
an emergency basis in accordance with Sec. 101-26.501-5(b).
    (b) Emergency requirements. Emergency requirements will receive 
special handling only when the requisitions are accompanied by adequate 
justification for individual purchase action. Every effort will be made 
to meet the delivery date specified in the requisition.
    (c) Delivery time. Delivery times for motor vehicle requirements 
will range widely depending on method of purchase.
    (1) Existing contracts. Delivery times for motor vehicle 
requirements submitted and placed against existing in-place contracts 
(family buy option, requirements contract or Federal Supply Schedule 
contract) will range from 60 to 150 days from date of purchase order.
    (2) Volume consolidated procurements. Delivery times for motor 
vehicle requirements submitted for volume consolidated purchases will 
range from 210 to 330 days after solicitation consolidation date. 
Included in delivery time estimates are 90 to 105 days required for 
soliciting and receiving offers, 30 to 60 days for evaluation and award 
of contracts, 90 to 180 days from date of

[[Page 267]]

award for delivery of vehicles to destination (dealer or consignee, as 
applicable).
    (3) For buses, ambulances, and other special duty vehicles which can 
not be procured under the standardized buying programs or consolidated 
purchase programs described in Secs. 101-26.501-2 and 101-26.501-3, 240 
to 270 days from date of award are usually required to effect delivery. 
However, special purpose vehicles with unique characteristics, such as 
certain types of firetrucks, may require longer delivery. In such 
instances, every effort will be made by GSA to facilitate deliveries and 
keep the requisitioning agencies informed of any unauthorized delay.

[57 FR 47778, Oct. 20, 1992]



Sec. 101-26.501-6  Forms used in connection with delivery of vehicles.

    (a) GSA Form 1398, GSA Purchased Vehicle. This form is used by the 
contractor to indicate that preshipment inspection and servicing of each 
vehicle has been performed. The contractor is required to complete GSA 
Form 1398 (illustrated at Sec. 101-26.4902-1398) and affix it, 
preferably, to the lock face or door frame of the right front door after 
the final inspection. The form should be left in place during the 
warranty period to permit prompt identification of vehicles requiring 
dealer repairs pursuant to the warranty.
    (b) Standard Form 368, Quality Deficiency Report (Category II). GSA 
is constantly striving to improve customer service and the quality of 
motor vehicles for which it contracts. To inform contractors of the 
deficiencies noted during the life of the vehicles, Standard Form 368 
shall be prepared by the consignee and sent to GSA describing details of 
vehicle deficiency and action taken for correction. Procedures for 
documenting and reporting quality deficiencies are set forth in the GSA 
Publication ``Discrepancies or Deficiencies in GSA or DOD Shipments, 
Material or Billings.'' Agencies are urged to report all deficiencies to 
GSA irrespective of satisfactory corrective action taken by the 
manufacturer's authorized dealer. If the dealer refuses to take 
corrective action on any vehicle within its warranty period, the report 
shall so state and include an explanation of circumstances. Standard 
Form 368 shall also be used to report all noncompliance with 
specifications or other requirements of the purchase order.
    (c) Instructions to Consignee Receiving New Motor Vehicles Purchased 
by General Services Administration. This information is printed on the 
reverse of the consignee copy of the delivery order. Personnel 
responsible for receipt and operation of Government motor vehicles 
should be familiar with the instructions and information contained in 
the document entitled ``Instructions to Consignee Receiving New Motor 
Vehicles Purchased by General Services Administration.''

[41 FR 34631, Aug. 16, 1976, as amended at 43 FR 32768, July 28, 1978; 
52 FR 29524, Aug. 10, 1987; 57 FR 47778, Oct. 20, 1992]



Sec. 101-26.501-7  Sale of vehicles.

    GSA will not solicit trade-in bids when purchasing new motor 
vehicles for replacement purposes because experience has shown that 
suppliers (manufacturers) are unwilling to accept used vehicles in part 
payment for new ones. Accordingly, used vehicles that are being replaced 
will be disposed of by sale as set forth in Part 101-46.

[57 FR 47779, Oct. 20, 1992]



Sec. 101-26.501-8  [Reserved]



Sec. 101-26.501-9  Centralized motor vehicle leasing program.

    GSA has a centralized leasing program to provide an additional 
source of motor vehicle support to all Federal agencies. This program 
relieves Federal agencies that use it from both the time constraints and 
administrative costs associated with independently entering into lease 
contracts. The centralized leasing program covers subcompact, compact, 
and midsize sedans, station wagons, and certain types of light trucks 
(pickups and vans). Participation in the centralized leasing program is 
mandatory on all executive agencies of the Federal Government (excluding 
the Department of Defense and the U.S. Postal Service) within the 48 
contiguous States and Washington, DC. However, agencies must obtain GSA 
authorization to lease in accordance with Sec. 101-39.205 prior to using

[[Page 268]]

these established mandatory use contracts. For further information on 
existing contracts, including vehicles covered, rates, and terms and 
conditions of the contract(s), contact General Services Administration 
(FCA), Washington, DC 20406.

[52 FR 29525, Aug. 10, 1987]



Sec. 101-26.502  U.S. Government National Credit Card.

    A waiver has been issued by the Government Printing Office to GSA 
for the procurement of the printing of Standard Form 149, U.S. 
Government National Credit Card.

[60 FR 19674, Apr. 20, 1995]



Sec. 101-26.503  Multiple award schedule purchases made by GSA supply distribution facilities.

    GSA supply distribution facilities are responsible for quickly and 
economically providing customers with frequently needed common-use 
items. Stocking a variety of commercial, high-demand items purchased 
from FSS multiple award schedules is an important way in which GSA 
supply distribution facilities meet this responsibility.

[60 FR 19675, Apr. 20, 1995]



Sec. 101-26.504  [Reserved]



Sec. 101-26.505  Office and household furniture and furnishings.

    Requirements for new office and household furniture and furnishings 
as described in this Sec. 101-26.505 shall be satisfied from GSA stock 
or Federal Supply Schedule contracts to the extent that agencies are 
required to use these sources. Requirements for items not obtainable 
from these sources may be satisfied by any Federal agency through GSA 
special buying services upon agency request pursuant to the provisions 
of Sec. 101-26.102. Before initiating a procurement action for new 
items, items on hand should be redistributed, repaired, or 
rehabilitated, as feasible, pursuant to Sec. 101-26.101

[43 FR 22211, May 24, 1978]



Sec. 101-26.505-1  Description of office and household furniture.

    (a) Office furniture is equipment normally associated with occupancy 
or use in such areas as offices, conference and reception rooms, 
institutional waiting rooms, lobbies, and libraries. Such equipment 
includes desks, tables, credenzas, bookcases, coatracks, telephone 
cabinets, filing sections and cabinets, office safes, security cabinets, 
chairs, and davenports.
    (b) Household furniture is equipment normally associated with 
occupancy or use in areas such as housekeeping and nonhousekeeping 
quarters, reception rooms, and lobbies. Such equipment includes 
davenports, chairs, tables, buffets, china cabinets, beds, wardrobes, 
and chests.

[33 FR 14959, Oct. 5, 1968]



Sec. 101-26.505-2  Description of office and household furnishings.

    (a) Office furnishings are articles which supplement office 
furniture and augment the utility of the space assigned. These articles 
include lamps, desk trays, smoking stands, waste receptacles, carpets, 
and rugs.
    (b) Household furnishings are articles which supplement household 
furniture and add to the comfort or utility of the space assigned. Such 
articles include lamps, mirrors, carpets, rugs, and plastic shower and 
window curtains.

[33 FR 14959, Oct. 5, 1968]



Sec. 101-26.505-3  Requests to procure similar items from sources other than GSA supply sources.

    When an agency required to obtain items of office and household 
furniture and furnishings from GSA stock or Federal Supply Schedule 
contracts determines that items available from these sources will not 
serve the required functional end use, requests to procure similar items 
from other than GSA sources shall be submitted for consideration in 
accordance with Sec. 101-26.100-2.

[41 FR 34632, Aug. 16, 1976]

[[Page 269]]



Secs. 101-26.505-4--101-26.505-6  [Reserved]



Sec. 101-26.505-7  GSA assistance in selection of furniture and furnishings.

    The Customer Service Representative in each GSA regional office 
will, upon request, furnish agencies with information on the types, 
styles, finishes, coverings, and colors of office and household 
furniture and furnishings available through the GSA purchase program. 
(See Sec. 101-26.506.)

[43 FR 22211, May 24, 1978]



Sec. 101-26.506  Interior planning and design services.

    In addition to the assistance provided in the selection of furniture 
and furnishings as specified in Sec. 101-26.505-7, the GSA Public 
Buildings Service, through facilities located in each region, will 
assist Federal activities within the United States, the Commonwealth of 
Puerto Rico, and the Virgin Islands in various phases of interior 
planning and design. These services will be provided either directly or 
through commercial sources. (For services involving space layout, see 
Sec. 101-17.400.)

[41 FR 42953, Sept. 29, 1976]



Sec. 101-26.506-1  Types of service.

    GSA interior planning and design services consist of data gathering 
and organizational analysis; development of a space requirements 
program; softline space plans; development of an interior design program 
(to include finish materials, furniture and furnishing specifications, 
and procurement data); and complete floor plans for telephones, 
electrical outlets, partitions, furniture, and equipment. The items 
specified for procurement will be selected from approved GSA sources of 
supply.

[41 FR 42953, Sept. 29, 1976]



Sec. 101-26.506-2  Limitations.

    (a) When furniture and furnishings requirements have been developed 
in connection with interior planning and design services furnished by 
GSA, the requesting agency shall determine that such requirements are in 
consonance with the criteria for acquisition of furniture and 
furnishings as provided in Secs. 101-25.302 and 101-25.404.
    (b) Furniture and furnishings to be obtained in connection with 
interior planning and design services furnished by GSA shall be 
acquired, to the extent available, from GSA stock or through Federal 
Supply Schedules in accordance with the provisions of Secs. 101-26.301 
and 101-26.401.

[31 FR 9797, July 20, 1966, as amended at 43 FR 22211, May 24, 1978]



Sec. 101-26.506-3  Submission of requests.

    Requests for interior planning and design services shall be 
submitted on Standard Form 81, Request for Space (illustrated at 
Sec. 101-17.4901-81), and forwarded to PBS in the GSA regional office 
serving the geographic area of the requesting agency. Requests shall 
include the following information:
    (a) Type of space in terms of its use;
    (b) Location;
    (c) Floor plans, if available;
    (d) Occupancy date;
    (e) Amount of funds available for the project; and
    (f) Name, address, title, and telephone number of requesting 
official.

[41 FR 42953, Sept. 29, 1976]



Sec. 101-26.506-4  Acceptance and processing of requests.

    Agency requests for interior planning and design service will be 
reviewed and if considered feasible, will be accepted. Upon acceptance 
of a request by GSA, a proposal will be furnished the requesting 
activity for review and approval within 30 days. The proposal will 
include the following:
    (a) Approximate date the work can be started;
    (b) Estimated completion date of planning and design services;
    (c) The amount to be reimbursed GSA for the services; and
    (d) Other pertinent data or recommendations.

[31 FR 9797, July 20, 1966]



Sec. 101-26.506-5  Reimbursement for services.

    If the GSA proposal is acceptable, a purchase order, requisition, or 
other funded authorization document shall be issued to the GSA office 
named in

[[Page 270]]

the proposal. GSA will bill the office indicated in the order or 
authorization for the amount specified in the proposal. The 
reimbursement procedures are designed to recover GSA's direct cost for 
providing these services. Any changes in the scope of the project 
requested by the requisitioning agency prior to its completion may 
require a revision in the amount of the reimbursable charges and the 
time schedule for completion.

[31 FR 9797, July 20, 1966]



Sec. 101-26.507  Security equipment.

    Federal agencies and other activities authorized to purchase 
security equipment through GSA sources shall do so in accordance with 
the provisions of this Sec. 101-26.507. Under section 201 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 481), the 
Administrator of GSA has determined that fixed-price contractors and 
lower tier subcontractors who are required to protect and maintain 
custody of security classified records and information may purchase 
security equipment from GSA sources. Delivery orders for security 
equipment submitted by such contractors and lower tier subcontractors 
shall contain a statement that the security equipment is needed for 
housing Government security classified information and that the purchase 
of such equipment is required to comply with the security provision of a 
Government contract. In the event of any inconsistency between the terms 
and conditions of the delivery order and those of the Federal Supply 
Schedule contract, the latter shall govern. Security equipment shall be 
used as prescribed by the cognizant security office.

[60 FR 19675, Apr. 20, 1995]



Sec. 101-26.507-1  Submission of requisitions.

    Requisitions for security equipment covered by the latest edition of 
Federal specifications AA-F-357, AA-F-358, AA-F-363, AA-S-1518, and AA-
D-600, and interim Federal specifications AA-F-00364 and AA-C-001697 
shall be submitted in FEDSTRIP format to the GSA regional office 
supporting the geographic area in which the requisitioner is located. 
GSA will consolidate requisitions for these items from all regions for 
procurement on a definite quantity basis.

[43 FR 32765, July 28, 1978]



Sec. 101-26.507-2  Procurement time schedule.

    Requisitions for security equipment will be consolidated by GSA on 
January 31, April 30, July 31, and October 31 of each year. The 
consolidated requisitions will be used in executing definite quantity 
contracts. To ensure inclusion in the invitation for bids, requisitions 
shall be submitted to GSA on or before January 1, April 1, July 1, or 
October 1 as appropriate. Requisitions received after any of these dates 
normally will be carried over to the subsequent consolidation date. 
Approximately 180 calendar days following the consolidation dates should 
be allowed for initial delivery. Requisitions shall include a required 
delivery date which reflects anticipated receipt under the time 
schedule.

[43 FR 32765, July 28, 1978]



Sec. 101-26.507-3  Purchase of security equipment from Federal Supply Schedules.

    To ensure that a readily available source exists to meet the 
unforeseen demands for security equipment, Federal Supply Schedule 
contracts have been established to satisfy requirements that are not 
appropriate for consolidated procurement and do not exceed the maximum 
order limitations.

[60 FR 19675, Apr. 20, 1995]



Sec. 101-26.507-4  Quantities in excess of the maximum order limitation.

    Quantities exceeding the maximum order limitation on Federal Supply 
Schedules will also be consolidated and procured by GSA pursuant to 
Sec. 101-26.507-2. Where quantities are required to be delivered before 
the time frames established for the quarterly consolidated procurement, 
the requisition must indicate the earlier required delivery. As 
necessary, separate procurement action will be taken by GSA to satisfy 
the requirements.

[41 FR 34632, Aug. 16, 1976]

[[Page 271]]



Sec. 101-26.508  Electronic data processing (EDP) tape and instrumentation tape (wide and intermediate band).

    Procurement by Federal agencies of EDP tape and instrumentation tape 
(wide and intermediate band) shall be accomplished in accordance with 
the provisions of this Sec. 101-26.508.

[38 FR 2176, Jan. 22, 1973]



Sec. 101-26.508-1  Requisitioning data processing tape available through Federal Supply Schedule contracts.

    Federal Supply Schedules, FSC group 70, part XI, and FSC group 58, 
part V, section C, include contracts to satisfy Government requirements 
for those types of EDP tape and instrumentation tape (wide and 
intermediate band) which are most widely used. Federal agencies located 
within the 48 contiguous United States, Washington, DC and Hawaii 
(applicable to EDP tape only for Hawaii) shall procure these tapes in 
accordance with the provisions of the current schedules and this 
Sec. 101-26.508-1. Orders not exceeding the maximum order limitations of 
the Federal Supply Schedules and prepared directly by activities located 
outside the geographical areas referenced above shall, to the extent 
possible, be consolidated and submitted in FEDSTRIP format to the GSA 
regional office supporting the geographic area in which the 
requisitioner is located.

[43 FR 32765, July 28, 1978]



Sec. 101-26.508-2  Requisitioning data processing tape not available from Federal Supply Schedule contracts.

    (a) Requisitions for types of EDP tape and instrumentation tape 
(wide and intermediate band) covered by Federal Supply Schedule 
contracts which exceed the maximum order limitations of the schedule 
shall be submitted to the GSA regional office supporting the geographic 
area in which the requisitioner is located.
    (b) Requisitions for all types of EDP tape and instrumentation tape 
(wide and intermediate band) not covered by Federal Supply Schedule 
contracts shall be submitted to GSA for purchase action when the dollar 
value of the requisitions exceeds, or is estimated to exceed, $2,500 for 
EDP tape and $5,000 for instrumentation tape. However, regardless of the 
amount involved (including requisitions estimated to be less than the 
dollar limitations referenced above), purchase action shall not be taken 
by GSA or an agency unless a waiver of the requirement for using items 
of tape available from Federal Supply Schedule contracts has been 
furnished in accordance with Sec. 101-26.100-2.

Requests for waivers shall be submitted to the Commissioner, Federal 
Supply Service (F), General Services Administration, Washington, DC 
20406. The requests shall fully describe the type of tape required and 
state the reasons Federal Supply Schedule items will not adequately 
serve the agency's needs. GSA will notify the requesting agency in 
writing of the action taken on the requests. To reduce leadtime, 
requisitions may be submitted in FEDSTRIP format with the requests for 
waivers. Requisitions for which a waiver has first been obtained shall 
be submitted with a copy of the waiver to the GSA regional office 
supporting the geographic area in which the requisitioner is located. 
GSA will either arrange for procurement of the items or authorize the 
requesting agency to procure them.
    (c) When establishing required delivery dates in purchase requests 
submitted in accordance with this Sec. 101-26.508-2, agencies should 
normally allow 105 days leadtime to permit orderly procurement by GSA. 
In addition to this 105 days leadtime, inspection and testing of the 
tape requires approximately 15 days.
    (d) When an agency submitting a purchase request in accordance with 
this Sec. 101-26.508-2 has a need for scheduled deliveries, minimum or 
maximum order quantities, or other special arrangements, GSA will 
develop specific provisions to accommodate the needs. The provisions 
will be based on information furnished by the agency concerned and will 
be included in solicitations for offers and resultant contracts.

[37 FR 20941, Oct. 5, 1972, as amended at 41 FR 34633, Aug. 16, 1976; 43 
FR 32765, July 28, 1978]

[[Page 272]]



Sec. 101-26.508-3  Consolidation of requisitions.

    To the maximum extent feasible, agencies shall develop procedures 
which will permit planned consolidated requisitioning of EDP tape and 
instrumentation tape (wide and intermediate band) on an agencywide 
basis. When agencywide consolidation is not feasible, consideration 
shall be given to the consolidation of individual requisitions for small 
quantities at any agency level. This will enable the Government to 
benefit from lower prices generally obtainable through large volume 
procurements.

[43 FR 32766, July 28, 1978]



Sec. 101-26.509  Tabulating machine cards.

    Procurement by Federal agencies of tabulating machine cards shall be 
made in accordance with the provisions of this Sec. 101-26.509.

[37 FR 24113, Nov. 14, 1972]



Sec. 101-26.509-1  Requisitioning tabulating machine cards available from Federal Supply Schedule contracts.

    Federal Supply Schedule, FSC group 75, part VIII, includes contracts 
for tabulating cards applicable to electrical and mechanical contact 
tabulating machines, including aperture cards and copy cards. Federal 
agencies shall procure these cards in accordance with the provisions of 
the current schedule. Orders not exceeding the maximum order limitation 
of the Federal Supply Schedule and prepared directly by activities 
located outside the geographical delivery areas specified in the 
schedule shall be submitted in FEDSTRIP format to the GSA regional 
office supporting the geographic area in which the requisitioner is 
located.

[43 FR 32766, July 28, 1978]



Sec. 101-26.509-2  Requisitioning tabulating machine cards not available from Federal Supply Schedule contracts.

    (a) Requisitions for tabulating machine cards covered by Federal 
Supply Schedule contracts which exceed the maximum order limitation of 
the schedule shall be forwarded in FEDSTRIP format to the GSA regional 
office supporting the geographic area in which the requisitioner is 
located.
    (b) Requisitions for tabulating machine cards not covered by Federal 
Supply Schedule contracts shall be submitted to GSA for purchase action 
if the dollar value of the cards exceeds or is estimated to exceed 
$2,500. However, regardless of the amount involved (including 
requisitions estimated to be $2,500 or less), purchase action shall not 
be taken by GSA or an agency unless a waiver of the requirement for the 
use of tabulating cards available from Federal Supply Schedule contracts 
has been furnished in accordance with Sec. 101-26.100-2. Requests for 
waivers shall be submitted to the Commissioner, Federal Supply Service 
(F), General Services Administration, Washington, DC 20406. The requests 
shall fully describe the items required and state the reasons the 
tabulating machine cards covered by the Federal Supply Schedule 
contracts will not adequately serve the end-use purpose. GSA will notify 
the requesting agency in writing of the action taken on the waiver 
request. To reduce leadtime, requisitions may be submitted in FEDSTRIP 
format with the requests for waivers. A requisition for items for which 
a waiver has first been obtained shall be submitted with a copy of the 
waiver to the GSA regional office supporting the geographic area in 
which the requisitioner is located. GSA will either arrange for 
procurement of the items or authorize the requesting activity to procure 
them.
    (c) Purchase requests with established delivery dates should allow 
sufficient leadtime (see Sec. 101-26.102-3) to permit orderly 
procurement by GSA, including acceptance testing and delivery to 
destination.
    (d) In those instances where an agency anticipates a need for 
scheduled deliveries, minimum or maximum order quantities, or other 
special arrangements, GSA will develop specific provisions to 
accommodate the needs of the particular agency. These provisions will be 
based on information furnished by the agency concerned for inclusion in 
solicitations for offers and resultant contracts.

[35 FR 13440, Aug. 22, 1970, as amended at 43 FR 22212, May 24, 1978; 43 
FR 32766, July 28, 1978]

[[Page 273]]



Sec. 101-26.509-3  Consolidation of requisitions.

    To the maximum extent feasible, agencies shall consolidate their 
requisitions for tabulating machine cards on an agencywide basis. If 
agencywide consolidation is not feasible, consideration shall be given 
to the consolidation of requisitions at any agency level when the 
Government will benefit from lower prices through large-volume 
procurement.

[43 FR 32766, July 28, 1978]



          Subpart 101-26.6--Procurement Sources Other Than GSA



Sec. 101-26.600  Scope and applicability of subpart.

    This subpart prescribes the policies, procedures, and limitations 
relating to civil agency use of procurement sources of the Department of 
Defense (DOD), which include the Defense supply centers of the Defense 
Logistics Agency (DLA) and the inventory control points of the military 
departments. The provisions of this subpart 101-26.6 are applicable to 
executive agencies unless otherwise specifically indicated. Other 
Federal agencies are encouraged to satisfy their requirements in the 
same manner.

[42 FR 58748, Nov. 11, 1977]



Sec. 101-26.601  [Reserved]



Sec. 101-26.602  Fuels and packaged petroleum products obtained from or through the Defense Logistics Agency.

    (a) Agencies shall be governed by the provisions of this Sec. 101-
26.602 in satisfying requirements for coal, natural gas from sources 
other than a public utility, petroleum fuels, and certain petroleum 
products from or through the Defense Logistics Agency.
    (b) The Defense Logistics Agency has been assigned the supply 
responsibility for these materials which will be available either from 
contracts (or contracts summarized in contract bulletins) issued by the 
Defense Fuel Supply Center, Alexandria, Va., or through FEDSTRIP/
MILSTRIP requisitions placed on the Defense General Supply Center, 
Richmond, Va., in accordance with instructions contained in Sec. 101-
26.602-2. Agencies submitting estimates of requirements which are 
summarized in the Defense Fuel Supply Center contract bulletins are 
obligated to procure such requirements from these contracts. Estimates 
submitted shall not include requirements normally obtained through 
service station deliveries utilizing the U.S. Government National Credit 
Card.

[42 FR 58748, Nov. 11, 1977 as amended at 57 FR 21895, May 26, 1992]



Sec. 101-26.602-1  Procurement of lubricating oils, greases, and gear lubricants.

    (a) The Defense Fuel Supply Center will make annual procurements of 
lubricating oils, greases, and gear lubricants for ground type 
(nonaircraft) equipment and of aircraft engine oils on an annual program 
basis. Estimates of requirements for items covered by these programs 
will be solicited annually from agencies on record with the Defense Fuel 
Supply Center in time for the requirements to arrive at the Center on 
the following schedule:

------------------------------------------------------------------------
                                       Purchase
                                        program      Due on or before
------------------------------------------------------------------------
Lubricating oils (nonaircraft)......         4.1  November 15.
Aircraft engine oils................         4.2  June 15.
Grease and gear oils................         4.4  October 15.
------------------------------------------------------------------------

    (b) Activities not on record but requiring procurement support shall 
submit requests to: Commander, Defense Fuel Supply Center, Attn: 
DFSC:PG, Cameron Station, Alexandria, VA 22314, on or before the 
requirement due dates specified in Sec. 101-26.602-1(a). Submission of 
requirements is not required if:
    (1) The maximum single order is less than the minimum quantity 
obtainable under the bulletin;
    (2) Container sizes are smaller than those available under the 
bulletin; or
    (3) Purchase without regard to existing Defense Fuel Supply Center 
contracts is otherwise authorized.
    (c) Agency requirements will be consolidated and solicited for 
procurement by the Defense Fuel Supply Center. Contractual action to 
obtain coverage for these programs will be summarized in a contract 
bulletin for program 4.1

[[Page 274]]

and 4.4. Copies of the bulletins (copies of contracts for program 4.2) 
will be distributed to addresses provided by the agencies on record.
    (d) Deliveries of lubricants covered by Defense Fuel Supply Center 
contracts shall be obtained by activities in the United States by 
following the instructions contained in the respective contracts or 
contract bulletins.

[34 FR 19977, Dec. 20, 1969, as amended at 39 FR 33315, Sept. 17, 1974]



Sec. 101-26.602-2  Procurement of packaged petroleum products.

    (a) Packaged petroleum products listed in Federal Supply Catalog for 
Civil Agencies shall be obtained by submitting requisitions prepared in 
accordance with the FEDSTRIP Operating Guide (FPMR 101-26.2) to the 
Defense General Supply Center (DGSC), Richmond, Va. 23297, using routing 
identifier code S9G. The Federal Supply Catalog for Civil Agencies may 
be obtained, upon written request, from the Commander, Defense Logistics 
Services Center, Attn: DLSC-T, Battle Creek, Mich. 49016. Requisitions 
for packaged petroleum items not in this catalog and not otherwise 
included in Defense Fuel Supply Center (DFSC) procurements under the 
provisions of Sec. 101-26.602-1 may be submitted to DGSC. DGSC will 
supply the items from inventory or will refer the requisitions to DFSC 
for purchase and direct delivery to the requisitioner. Packaged 
petroleum items may be obtained from other Federal activities by 
agreement with the activity concerned or by local purchase when such 
action is authorized under the provisions of the Defense Logistics 
Agency (DLA) local purchase policy contained in paragraph (b) of this 
section.
    (b) Activities may effect local purchase of any DLA-managed, 
centrally procured item, commercialy available, provided the purchase:
    (1) Is limited to immediate-use requirements generated by emergency 
conditions (e.g., work stoppage, etc.), or
    (2) Is to satisfy a routine requirement having a total line value 
not in excess of $25 and is determined to be the most economical method 
of supply.
    (c) DGSC may return requisitions for local purchase action citing 
FEDSTRIP/MILSTRIP status code CW with the concurrence of the 
requisitioning activity when it is deemed that a local purchase action 
would be the most economical method of supply. A determination will be 
based on recognition of excessive costs (procurement, transportation/
shipping, and special packaging considerations) as compared to those 
costs associated with local purchase action. Requisition priorities, 
backorder situations, procurement and required delivery dates (PDD/RDD), 
and requisition line item dollar values shall not be a basis or 
consideration for a Status Code CW reject action. Requisitions from 
overseas activities will not be returned to overseas activities for a 
local purchase action.

[37 FR 668, Jan. 15, 1972, as amended at 42 FR 58748, Nov. 11, 1977]



Sec. 101-26.602-3  Procurement of gasoline, fuel oil (diesel and burner), kerosene, and solvents.

    (a) Estimates of annual requirements will be solicited annually by 
the Defense Fuel Supply Center from agencies on record so as to reach 
that activity approximately 45 calendar days before the due date shown 
in Defense Fuel Supply Center geographic alignment of States set forth 
in Sec. 101-26.602-3 (d) and (e). The requirements call will be 
accomplished by mailing a computer-produced record of the file data for 
each delivery point that has been identified to each submitting 
addressee; instructions for validation and return will be included. 
Activities not on record but requiring procurement support shall prepare 
and submit estimates on DFSC Form 15:18 to the Defense Fuel Supply 
Center, Cameron Station, Alexandria, VA 22314. An illustration of DFSC 
Form 15:18 is contained in Sec. 101-26.4904-1518. Copies may be obtained 
on request from: Commander, Defense Fuel Supply Center, Attention: 
DFSC--OD, Cameron Station, Alexandria, VA 22314.
    (1) Estimated annual requirements for any delivery point which total 
less than the following minimums shall not be submitted to the Defense 
Fuel Supply Center, unless the activity does not

[[Page 275]]

have authority or capability to procure locally.

------------------------------------------------------------------------
                                                               Minimum
                                                                annual
                            Item                             requirement
                                                              (gallons)
------------------------------------------------------------------------
Gasoline...................................................       10,000
Burner fuel oil............................................       10,000
Diesel oil.................................................       10,000
Kerosene...................................................       10,000
Solvents...................................................          500
------------------------------------------------------------------------

    (2) Estimates shall not be submitted when the minimum quantities to 
be delivered to any one point on a single delivery are less than the 
following minimums, unless the activity does not have the authority or 
capability to procure locally.

------------------------------------------------------------------------
                                           Minimum quantity furnished on
             Delivery method                     a single delivery
------------------------------------------------------------------------
Drums....................................  4 drums (200-220 gallons).
Tank wagon...............................  50 gallons.
Transport truck..........................  Full truckload (5,200-7,500
                                            gallons).
Tank car.................................  Full carload (8,000-12,000
                                            gallons).
------------------------------------------------------------------------

    (b) Agency requirements will be solicited for procurement by the 
Defense Fuel Supply Center, and contracts resulting from these 
solicitations will be summarized in contract bulletins, separately for 
each Defense Fuel Supply Center geographic region, and distributed to 
agencies on record. Activities requiring additional contract bulletins 
shall submit requests to: Commander, Defense Fuel Supply Center, 
Attention: DFSC--OD, Cameron Station, Alexandria, VA 22314.
    (c) The items covered in contract bulletins issued by the Defense 
Fuel Supply Center are in accordance with the latest issue of the 
applicable Federal specification. Agency requirements submitted for 
products not under a Federal specification must include accurate and 
complete product laboratory analysis.
    (d) The following illustrates the Defense Fuel Supply Center 
geographic alignment of the States, the delivery periods covered for 
each region, the identification of purchase programs, and the due dates 
for submission of requirements for motor gasoline, fuel oil (diesel and 
burner), and kerosene.

      Motor Gasoline, Fuel Oils (Diesel and Heating), and Kerosene
------------------------------------------------------------------------
                                                       Requirements due
              State                 Delivery period          date
------------------------------------------------------------------------
Alaska--Purchase Program 3.9 \1\  July 1-June 30....  January 1.
Hawaii--Purchase Program 3. \1\.  January 1-December  July 1.
                                   31.
DFSC Region 1--Purchase Program
 3.21:
  Connecticut...................  September 1-August  March 1.
                                   31.
  Maine.........................  ......do..........      Do.
  Massachusetts.................  ......do..........      Do.
  New Hampshire.................  ......do..........      Do.
  Rhode Island..................  ......do..........      Do.
  Vermont.......................  ......do..........      Do.
DFSC Region 2--Purchase Program
 3.22:
  New Jersey....................  October 1-          April 1.
                                   September 30.
  New York......................  ......do..........      Do.
  Pennsylvania..................  ......do..........      Do.
DFSC Region 3--Purchase Program
 3.23:
  Delaware......................  August 1-July 31..  February 1.
  District of Columbia..........  ......do..........      Do.
  Indiana.......................  ......do..........      Do.
  Kentucky......................  ......do..........      Do.
  Maryland......................  ......do..........      Do.
  Ohio..........................  ......do..........      Do.
  Tennessee.....................  ......do..........      Do.
  Virginia......................  ......do..........      Do.
  West Virginia.................  ......do..........      Do.
DFSC Region 4--Purchase Program
 3.24:
  Alabama.......................  April 1-March 31..  October 1.
  Arkansas......................  ......do..........      Do.
  Florida.......................  ......do..........      Do.
  Georgia.......................  ......do..........      Do.
  Louisiana.....................  ......do..........      Do.
  Mississippi...................  ......do..........      Do.
  Missouri......................  ......do..........      Do.
  North Carolina................  ......do..........      Do.
  South Carolina................  ......do..........      Do.
  Puerto Rico...................  ......do..........      Do.
  Virgin Islands................  ......do..........      Do.
DFSC Region 5--Purchase Program
 3.25:
  Illinois......................  May 1-April 30....  Nov. 1.
  Iowa..........................  ......do..........      Do.
  Michigan......................  ......do..........      Do.
  Minnesota.....................  ......do..........      Do.
  Wisconsin.....................  ......do..........      Do.
DFSC Region 6--Purchase Program
 3.26:
  Colorado......do..............  June 1-May 31.....  December 1.
  Kansas........................  ......do..........      Do.
  Nebraska......................  ......do..........      Do.
  New Mexico....................  ......do..........      Do.
  North Dakota..................  ......do..........      Do.
  Oklahoma......................  ......do..........      Do.
  South Dakota..................  ......do..........      Do.
  Texas.........................  June 1-May 31.....  December 1.
  Wyoming.......................  ......do..........      Do.
DFSC Region 7--Purchase Program
 3.27:
  Arizona.......................  November 1-October  May 1.
                                   31.
  California....................  ......do..........      Do.
  Nevada........................  ......do..........      Do.

[[Page 276]]

 
  Utah..........................  ......do..........      Do.
DFSC Region 8--Purchase Program
 3.28:
  Idaho.........................  July 1-June 30....  January 1.
  Montana.......................  ......do..........      Do.
  Oregon........................  ......do..........      Do.
  Washington....................  ......do..........      Do.
------------------------------------------------------------------------
\1\ Includes solvents.
 
Note: Program 3.23 does not include requirements for those activities
  supported by the GSA Region 3 Fuel Yard.

    (e) Estimates of requirements for solvents to be delivered in the 
continental United States, Puerto Rico, and the Virgin Islands during 
the period January 1 through December 31 shall be submitted to arrive at 
the Defense Fuel Supply Center by the preceding July 1. The purchase 
program identification is 3.11.
    (f) Estimates of requirements for aviation fuels for delivery in the 
United States shall be submitted in accordance with section 11, chapter 
1, of DOD 4140.25-M, Procedures for the Management of Petroleum 
Products.
    (g) Requirements for aviation fuels (all grades) shall be submitted 
in accordance with DFSC Regulation 4220.1, Requirements Submission 
Schedule for Petroleum Products. Copies of DFSCR 4220.1 may be obtained 
from the Defense Fuel Supply Center (DFSC-W), Cameron Station, 
Alexandria, Va. 22314.
    (h) Requirements for petroleum fuels at locations other than as 
identified in this Sec. 101-26.602-3 may be obtained from other Federal 
activities by agreement with the activity concerned or from local 
purchase sources, when local purchase authority and capability exists, 
or by submitting requests direct to the Defense Fuel Supply Center, 
Attention: DFSC-OD, Cameron Station, Alexandria, Va. 22314, if 
centralized procurement is desired.

[34 FR 19978, Dec. 20, 1969, as amended at 39 FR 33316, Sept. 17, 1974; 
42 FR 58749, Nov. 11, 1977; 47 FR 4682, Feb. 2, 1982]



Sec. 101-26.602-4  Procurement of coal.

    (a) Federal agencies desiring to participate in the Defense Fuel 
Supply Center coal contracting program for carload delivery outside the 
District of Columbia and vicinity may obtain coal through this program 
by submitting estimates as provided in this Sec. 101-26.602-4.
    (b) Estimates of coal requirements shall be prepared on DD Form 416, 
Requisition for Coal, Coke, or Briquettes (illustrated as Sec. 101-
26.4904-416), clearly marked ``Estimate Only'', and submitted in 
original and one copy to arrive at the Defense Fuel Supply Center, 
Cameron Station, Alexandria, Va. 22314, before the following requirement 
due dates:

----------------------------------------------------------------------------------------------------------------
                                                                     Requirements due in        For delivery
         Purchase program              For activities located in           DFSC by               beginning
----------------------------------------------------------------------------------------------------------------
5.5...............................  Indiana, Illinois, Iowa,        June 1...............  December 1.
                                     Kansas, Missouri, South
                                     Dakota, West Tennessee, West
                                     Kentucky, Wisconsin.
5.9 (Lignite).....................  North Dakota..................  ......do.............      Do.
5.3...............................  Alabama, East Kentucky, East    August 15............  April 1.
                                     Tennessee, Ohio, Georgia,
                                     North Carolina, South
                                     Carolina, West Virginia.
5.8 (Anthracite)..................  Connecticut, District of        November 1...........  May 1.
                                     Columbia, Maryland,
                                     Massachusetts, New Jersey,
                                     New York, Pennsylvania,
                                     Virginia, South Carolina.
5.4...............................  Michigan, Minnesota, North      ......do.............      Do.
                                     Dakota, Wisconsin.
5.7...............................  Alaska........................  ......do.............      Do.
5.2...............................  District of Columbia,           January 15...........  August 1.
                                     Maryland, New Jersey,
                                     Pennsylvania, Virginia.
5.1...............................  Connecticut, Maine,             April 1..............  October 1.
                                     Massachusetts, New Hampshire,
                                     New York, Vermont.
5.6...............................  Arizona, California, Colorado,  ......do.............      Do.
                                     Idaho, Montana, New Mexico,
                                     Oregon, Utah, Washington,
                                     Wyoming.
----------------------------------------------------------------------------------------------------------------
Note: Except for purchase programs 5.8 and 5.9 all programs refer to requirements for bituminous coal.

    (1) A separate requirement form shall be prepared for each delivery 
point and for each size and kind of coal, such as bituminous, 
anthracite, or lignite. The

[[Page 277]]

purchase program number is to be entered in the upper right hand block 
of DD Form 416.
    (2) The section of DD Form 416 entitled ``Analytical Specifications 
Required'' shall reflect minimum requirements based on heating 
engineering data applicable to the particular equipment in which the 
coal will be used.
    (c) Contractual information covering these requirements will be 
furnished each participating agency by the Defense Fuel Supply Center 
after contracts are awarded. As shipments of coal are required, each 
activity shall direct the contractor to make delivery. Payment for 
deliveries shall be arranged for by the ordering activity directly with 
the contractor. Should estimated requirements not be needed due to 
changes or conversions in heating equipment or other reasons, activities 
shall notify the Defense Fuel Supply Center of such changes as soon as 
possible.
    (d) Copies of DD Form 416 may be obtained from: Commander, Defense 
Fuel Supply Center, Attention: DFSC:PE, Cameron Station, Alexandria, VA 
22314.
    (e) Requirements for coal at locations other than as identified in 
this Sec. 101-26.602-4 may be obtained by submitting requests directly 
to the Defense Fuel Supply Center, if centralized procurement is 
desired.
    (f) Each participating agency may elect to collect coal samples, for 
analysis purposes, in accordance with the latest edition of the Handbook 
on Coal Sampling issued by the Department of the Interior, Bureau of 
Mines. Copies of this Handbook on Coal Sampling may be obtained upon 
request from: Coal Sampling and Inspection, Division of Mineral Studies, 
U.S. Bureau of Mines, College Park, Md. 20740.
    (g) Coal samples shall be forwarded by the agency to the Bureau of 
Mines, 4800 Forbes Avenue, Pittsburgh, Pa. 15213. A charge for each 
sample submitted will be assessed by the Bureau of Mines for performing 
such analysis, or agencies may enter into an agreement with the Bureau 
of Mines for services and testing on an annual flat rate basis. Agencies 
shall furnish the Bureau of Mines laboratory complete billing 
instructions at the time samples are submitted. Copies of the results of 
each analysis will be furnished by the Bureau of Mines to offices 
responsible for payment for comparison with the analytical limits 
guaranteed by the contractor. In the event that the sample does not meet 
the minimum requirements of the analytical limits specified in the 
contract, the using agency shall compute the amount, if any, to be 
deducted from the contract price.

[34 FR 19978, Dec. 20, 1969, as amended at 42 FR 58749, Nov. 11, 1977]



Sec. 101-26.602-5  Procurement of natural gas from the wellhead and other supply sources.

    (a) Natural gas requirements shall be satisfied from sources that 
are most advantageous to the Government in terms of economy, efficiency, 
and service. A cost/benefit analysis shall be required by the procuring 
Federal agency if the natural gas procurements at a facility exceed 
20,000 mcf annually and the facility can accept interruptible service. 
If sources other than the local public utility are the most advantageous 
to the Government, agency requirements may be satisfied through the 
Defense Logistics Agency (DLA). Arrangements for DLA procurements on 
behalf of civilian agencies shall be made through GSA. GSA will forward 
agency requests to DLA after assuring that necessary requirements data 
are included.
    (b) Agency requests for DLA natural gas shall be forwarded to the 
Public Utilities Division (PPU), Office of Procurement, General Services 
Administration, 18th and F Streets, NW., Washington, DC 20405. The 
requests shall include for each facility for which natural gas is 
required: The name, address, and telephone number of the requesting 
agency representative; the name, address, and telephone number of the 
facility representative; the name of the local distribution company; the 
expected usage (in mcf) at the facility for each month during the next 
year of service; the expected peak day usage in mcf at the facility; a 
statement of funds availability; and documentation of the cost analysis 
performed that justifies the alternative source procurement.

[[Page 278]]

    (c) Agency requests for procurements by DLA shall be forwarded to 
GSA at the time the information specified in Sec. 101-26.602-5(b) 
becomes available.
    (d) Agencies should anticipate that actions required by DLA to 
establish a natural gas contract will take 5 to 7 months.

[57 FR 21895, May 26, 1992]



Sec. 101-26.603  Electronic items available from the Defense Logistics Agency.

    Executive agencies shall satisfy their requirements for electronic 
items listed in the Federal Supply Catalog for Civil agencies (FSC group 
59, except classes 5940, 5970, 5975, 5977, and 5995) from the Defense 
Electronic Supply Center (DESC), DLA. Requisitions shall be prepared in 
accordance with the FEDSTRIP Operating Guide and submitted to DESC, 1507 
Wilmington Pike, Dayton, Ohio 45444, using routing identifier code S9E. 
Items listed in classes 5940, 5970, 5975, 5977, and 5995, unless managed 
as exceptions by GSA, shall be obtained from the Defense General Supply 
Center (DGSC), Richmond, Va. 23297. Electronic items may be obtained 
from local purchase sources when such action is authorized under the 
provisions of Sec. 101-26.602-2(b). DESC may return requisitions for 
local purchase under the same conditions governing the return of 
requisitions by DGSC set forth in Sec. 101-26.602-2(c).

[42 FR 58749, Nov. 11, 1977]



Sec. 101-26.605  Items other than petroleum products and electronic items available from the Defense Logistics Agency.

    Agencies required to use GSA supply sources should also use Defense 
supply centers (DSC's) as sources of supply for items listed in the 
Federal Supply Catalog for Civil Agencies, Identification and Management 
Data List, published by DLA. By agreement with the Defense Logistics 
Agency, the catalog will contain only those items in Federal supply 
classification classes which are assigned to them for Government-wide 
integrated management, or exception items in other classes similarly 
assigned. A list of DSC's and their corresponding commodity areas along 
with requisitioning instructions are published in the FEDSTRIP Operating 
Guide. As additional items are assigned to managers other than GSA for 
Government-wide integrated material management, GSA will announce the 
changes through the Federal Catalog System and GSA's regular supply 
publications.

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.606  Supply support available from the inventory control points of the military departments.

    Federal civil agencies may obtain items of supply which are procured 
and managed by the inventory control points (ICP) of the Army, Navy, and 
Air Force and are available in the United States, provided that a 
national stock number has been assigned to the items. A list of ICP's 
and their corresponding commodity areas is in the FEDSTRIP operating 
Guide. Agencies should also refer to the FEDSTRIP operating Guide for 
additional information concerning supply support from the ICP's and for 
instructions on obtaining items from these sources.

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.607  Billings.

    Unless other arrangements have been made between the Defense 
Logistics Agency and the requisitioning activity, billings for sales 
will be rendered at least monthly on Standard Form 1080, Voucher for 
Transfers Between Appropriations and/or Funds, supported by a listing of 
documents including identification of requisitions and related cards 
reflecting data pertaining to the gross sale, the retail loss allowance, 
and any credits for adjustments applicable to prior billings. In 
addition to these charges, an accessorial charge will be made on 
shipments destined for overseas to cover expenses incident to overseas 
packing, handling, and transportation. The Defense supply centers shall 
be provided with a continental U.S. address for payment of bills for 
overseas shipments.

[42 FR 28750, Nov. 11, 1977]



Sec. 101-26.607-1  Payments.

    Payments are expected to be made within 15 calendar days of receipt 
of the Standard Form 1080 from the Defense supply centers. Payment shall

[[Page 279]]

not be deferred until receipt of shipment or withheld pending resolution 
of adjustments.

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.607-2  Adjustments.

    Requests for billing adjustments should be submitted in accordance 
with chapter 5 of the GSA Handbook, Discrepancies or Deficiencies in GSA 
or DOD Shipments, Material, or Billings (FPMR 101-26.8).

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.607-3  Emergency requirements.

    In cases of public exigency, items available from the Defense 
Logistics Agency may be procured from other sources as provided in 
Sec. 1-3.202.

[42 FR 58750, Nov. 11, 1977]



Subpart 101-26.7--Procurement Sources Other Than GSA and the Department 
                               of Defense



Sec. 101-26.700  Scope and applicability of subpart.

    This subpart prescribes policy and procedures relating to 
procurement sources other than those of GSA and the Department of 
Defense. The provisions of this subpart 101-26.7 are applicable to 
executive agencies unless otherwise indicated. Other Federal agencies 
are encouraged to obtain their requirements in the same manner.

[39 FR 20599, June 12, 1974]



Sec. 101-26.701  Purchase of products and services from the blind and other severely handicapped persons.

    (a) Purchases by executive agencies of products produced by 
workshops of the blind or other severely handicapped persons which are 
carried in GSA supply distribution facilities must be made as provided 
in subpart 101-26.3.
    (b) Purchases by all Federal agencies of products and services 
offered for sale by workshops of the blind or other severely handicapped 
persons which are not carried in GSA supply distribution facilities, and 
purchases by executive agencies under exceptions set forth in Sec. 101-
26.301, must be made in accordance with the Procurement List published 
by the Committee for Purchase of Products and Services of the Blind and 
Other Severely Handicapped. Products and services offered by the blind 
shall be given precedence over those offered by other severely 
handicapped persons. (See Sec. 101-26.702(d) for priority accorded to 
products manufactured by Federal Prison Industries, Inc.)
    (c) Products produced by workshops for the blind or other severely 
handicapped persons which are available from GSA supply distribution 
facilities are designated by an asterisk(*) preceding the national stock 
number in the Procurement List identified in paragraph (b) of this 
section.

[39 FR 20599, June 12, 1974, as amended at 40 FR 7619, Feb. 21, 1975]



Sec. 101-26.702  Purchase of products manufactured by the Federal Prison Industries, Inc.

    (a) Purchases by executive agencies of prison-made products carried 
in GSA supply distribution facilities must be made as provided in 
subpart 101-26.3.
    (b) Purchases by all Federal agencies of prison-made products not 
carried in GSA supply distribution facilities, or supply items procured 
under exceptions set forth in Sec. 101-26.301, must be made in 
accordance with the provisions in the Schedule of Products Made in 
Federal Penal and Correctional Institutions.
    (c) Prison-made products which are available from GSA supply 
distribution facilities are designated by an asterisk (*) preceding the 
national stock number in the product schedule referred to in paragraph 
(b) of this section.
    (d) Products available from Federal Prison Industries, Inc., shall 
be accorded priority over products offered for sale by the workshops of 
the blind and other severely handicapped persons.

[39 FR 20599, June 12, 1974, as amended at 40 FR 7619, Feb. 21, 1975]



Sec. 101-26.703  Marginally punched continuous forms.

    GSA has delegated authority to the U.S. Government Printing Office 
(GPO) to procure all marginally punched continuous forms for use by 
Federal agencies except those procured by GSA for stock. Therefore, all 
Federal agencies

[[Page 280]]

shall submit their requirements for such forms in accordance with the 
provisions of this Sec. 101-26.703.
    (a) Except for those marginally punched continuous forms which GSA 
procures for stock, all requirements for such forms shall be ordered 
from GPO contracts or other established GPO sources. If an item is 
available from GSA stock, acquisition shall be from this source.
    (b) Requirements for marginally punched continuous forms which are 
not available from GPO or GSA sources or which exceed the maximum 
monetary limitations of the GPO contract shall be submitted to GPO for 
appropriate action. If requirements are less than the minimum orders/
shipment limitations of the GPO contract, agencies may procure them 
directly from commercial sources.

[39 FR 20600, June 12, 1974]



Sec. 101-26.704  Purchase of nonperishable subsistence (NPS) items.

    With the exception of condiment packages in Federal supply classes 
8940 and 8950, managed by the Defense Logistics Agency's Defense 
Personnel Support Center, all nonperishable subsistence items in Federal 
supply group 89, Subsistence Items, are managed by and available from 
the Veterans Administration (VA). These items are listed in the 
Subsistence Catalog, which is available from the Director, Supply 
Service (134A), Veterans Administration, Washington, DC 20420.

[43 FR 29005, July 5, 1978]



Subpart 101-26.8--Discrepancies or Deficiencies in GSA or DOD Shipments, 
                          Material, or Billings

    Source: 41 FR 56320, Dec. 28, 1976, unless otherwise noted.



Sec. 101-26.800  Scope of subpart.

    This subpart prescribes a uniform system for reporting discrepancies 
or deficiencies in material or shipments and processing requests for or 
documenting adjustments in billings from or directed by GSA or 
Department of Defense (DOD) activities.



Sec. 101-26.801  Applicability.

    This subpart is applicable to all civilian executive agencies, 
including their contractors and subcontractors when authorized. DOD 
activities should follow the applicable DOD or military service/agency 
regulations in reporting discrepancies or deficiencies in shipments or 
material, or requesting adjustments in billings from or directed by GSA 
unless exempted therefrom, in which case the provisions of this 
Sec. 101-26.801 apply.



Sec. 101-26.802  Exclusions.

    The provisions of this regulation are not applicable to shipments 
and billings related to the stockpile of strategic and critical 
materials or excess or surplus property; or to billings for services, 
space, communications, and printing.



Sec. 101-26.803  Discrepancies or deficiencies in shipments, material, or billings.



Sec. 101-26.803-1  Reporting discrepancies or deficiencies.

    Discrepancies or deficiencies in shipments or material occur in four 
broad categories: Quality deficiencies, shipping discrepancies, 
transportation discrepancies, and billing discrepancies. When 
discrepancies or deficiencies occur, activities shall document them with 
sufficient information to enable initiation and processing of claims 
against suppliers and carriers. Procedures for documenting discrepancies 
or deficiencies are set forth in the GSA publication, Discrepancies or 
Deficiencies in GSA or DOD Shipments, Material, or Billings, issued by 
the Federal Supply Service, GSA. Copies of the publication may be 
obtained by submitting a completed GSA Form 457, FSS Publications 
Mailing List Application, (referencing mailing list code number ODDH-
0001) to the following address: General Services Administration, 
Centralized Mailing List Service (CMLS-C), 819 Taylor Street, P.O. Box 
17077, Fort Worth, TX 76102-0077.

    Note: Copies of the GSA Form 457 may be obtained by writing the 
Centralized Mailing List Service.

[55 FR 24086, June 14, 1990]

[[Page 281]]



Sec. 101-26.803-2  Reporting quality deficiencies.

    (a) Quality deficiencies are defined as defects or nonconforming 
conditions which limit or prohibit the item received from fulfilling its 
intended purpose. Quality deficiencies include deficiencies in design, 
specification, material, manufacturing, and workmanship. Timely 
reporting of all quality deficiencies is essential to maintain an 
acceptable quality level for common-use items. GSA relies on agency 
reporting of quality deficiencies in order to act to remove the 
defective items from the supply system as well as to document contractor 
performance files for use in future procurements.
    (b) A product deficiency which may cause death, injury, or severe 
occupational illness, or directly restrict the mission capabilities of 
the using organization, is called a ``category I'' complaint. Quality 
complaints that do not meet the category I criteria are called 
``category II'' complaints. Standard Form (SF) 368, Quality Deficiency 
Report, or a message in the format of the Standard Form 368, is used to 
report quality deficiencies.
    (c) Standard Form 368 (including SF's 368 submitted in message 
formats) are required for all product quality deficiencies that involve 
material (1) shipped to the user from a GSA distribution center 
(including shipments made directly to the user from GSA distribution 
centers as well as ``indirect'' shipments (shipments with intermediate 
stops between the GSA distribution center and the ultimate user)), (2) 
shipped to the user from a DOD depot or another Government activity, as 
directed by GSA, (3) purchased by GSA for the user and inspected by GSA, 
or (4) ordered from a GSA Federal Supply Schedule contract which 
specified source inspection by GSA.
    (d) Category I complaints are to be reported to GSA by telephone or 
telegraphic message within 72 hours of discovery. Category II complaints 
are to be reported within 15 days after discovery.
    (e) Standard Forms 368 (in triplicate) should be sent to the 
following address: GSA Discrepancy Reports Centers (6 FR-Q), 1500 East 
Bannister Road, Kansas City, MO 64131-3088. Communications routing 
indicator: RUEVFXE (unclassified), RULSSAA (classified), Com: (816) 926-
7447, FTS: 926-7447, AUTOVON: 465-7447.

In addition, when reporting a category I product quality deficiency 
condition, an information copy should be sent to the following address: 
General Services Administration, FSS, Office of Quality and Contract 
Administration, Quality Assurance Division (FQA), Washington, DC 20406. 
Communications routing indicator: RUEVFWM (unclassified), RULSSAA 
(classified), COM: (703) 557-8515, FTS: 557-8515.
    (f) For defective items covered by a manufacturer's commercial 
warranty, activities should initially attempt to resolve all complaints 
on these items themselves (examples of items with a commercial warranty 
are vehicles, major appliances such as gas and electric ranges, washing 
machines, dishwashers, and refrigerators). If the contractor replaces or 
corrects the deficiency, an SF 368, in triplicate, should be sent to the 
Discrepancy Reports Center at the above address. The resolution of the 
case should be clearly stated in the text of the SF 368.
    (g) If, however, the contractor refuses to correct, or fails to 
replace, either a defective item or an aspect of service under the 
warranty, an SF 368, along with copies of all pertinent correspondence, 
should be forwarded to the GSA office executing the contract (address 
will be contained in the pertinent contract/purchase order). An 
information copy of the SF 368 should also be submitted to the 
Discrepancy Reports Center at the above address.
    (h) For items ordered from a GSA Federal Supply Schedule contract 
when the inspection is performed by an activity other than GSA or when 
the items are purchased by GSA for the user but not inspected by GSA, 
activities should initially attempt to resolve all complaints on these 
items directly with the contractor. If the contractor refuses to 
correct, or fails to replace a defective item, an SF 368, along with 
copies of all correspondence, should be forwarded to the GSA office 
executing the contract (address will be contained in the pertinent 
contract/purchase order). An information copy of the SF

[[Page 282]]

368 should also be submitted to the Discrepancy Reports Center at the 
above address.
    (i) Information submitted to the Discrepancy Reports Center 
regarding defective items will be maintained as a quality history file 
for use in future procurements.
    (j) Additional information regarding reporting of quality 
deficiences may be obtained by referring to chapter 4 of the GSA 
publication cited in Sec. 101-26.803-1.

[53 FR 26595, July 14, 1988, as amended at 55 FR 24086, June 14, 1990]



Sec. 101-26.803-3  Reporting of discrepancies in transportation, shipments, material, or billings.

    (a) Transportation-type discrepancies shall be processed under the 
instructions in subpart 101-40.7 when the discrepancies are the fault of 
the carrier and occur while the shipments are in the possession of:
    (1) International ocean or air carriers, regardless of who pays the 
transportation charges, except when shipment is on a through Government 
bill of lading (TGBL), or is made through the Defense Transportation 
System (DTS). Discrepancies in shipments on a TGBL or which occur while 
in the DTS shall be reported as prescribed in the GSA publication 
referenced in Sec. 101-26.803-1; or
    (2) Carriers within the continental United States, when other than 
GSA or DOD pays the transportation charges.
    (b) All other shipping, transportation, or billing discrepancies 
shall be reported on the forms, and within the time frames, dollar 
limitations, and according to the procedures prescribed in the GSA 
publication referenced in Sec. 101-26.803-1.

[53 FR 26596, July 14, 1988, as amended at 55 FR 24086, June 14, 1990]



Sec. 101-26.803-4  Adjustments.

    GSA and DOD will adjust billings resulting from over or under 
charges, or discrepancies or deficiencies in shipments, or material on a 
bill submitted under the provisions of this subpart 101-26.8 and the GSA 
publication referenced in Sec. 101-26.803-1.

[55 FR 24086, June 14, 1990]

Subparts 101-26.9--101-26.48 [Reserved]



                Subpart 101-26.49--Illustrations of Forms



Sec. 101-26.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other subparts of part 101-26.

[29 FR 14729, Oct. 29, 1964]



Sec. 101-26.4901  Standard forms.

    (a) The Standard forms are illustrated in this section to show their 
text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
Standard form numbers.
    (b) The Standard forms illustrated in this Sec. 101-26.4901 may be 
obtained by submitting a requisition in FEDSTRIP/MILSTRIP format to the 
GSA regional office providing support to the requesting agency.

[32 FR 15754, Nov. 16, 1967, as amended at 41 FR 34633, Aug. 16, 1976]



Sec. 101-26.4901-149  Standard Form 149, U.S. Government National Credit Card.

    Note: The form illustrated in Sec. 101-26.4901-149 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[37 FR 18536, Sept. 13, 1972]



Sec. 101-26.4902  GSA forms.

    (a) The GSA forms are illustrated in this Sec. 101-26.4902 to show 
their text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
GSA form numbers.
    (b) Agency field offices may obtain the GSA forms illustrated in 
this Sec. 101-26.4902 by submitting their requirements to their 
Washington headquarters office which will forward consolidated annual 
requirements to the General Services Administration (BRO), Washington, 
DC 20405.

[31 FR 7235, May 18, 1966, as amended at 41 FR 34633, Aug. 16, 1976]

[[Page 283]]



Sec. 101-26.4902-457  GSA Form 457, FSS Publications Mailing List Application.

    Note: The form illustrated in Sec. 101-26.4902-457 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[40 FR 31224, July 25, 1975]



Sec. 101-26.4902-1398  GSA Form 1398: Motor vehicle purchase and inspection label.

    Note: The form illustrated in Sec. 101-26.4902-1398 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[39 FR 20683, June 13, 1974]



Sec. 101-26.4902-1424  GSA Form 1424, GSA Supplemental Provisions.

    Note: The form illustrated in Sec. 101-26.4902-1424 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[44 FR 24060, Apr. 24, 1979]



Sec. 101-26.4902-1781  GSA Form 1781, Motor Vehicle Requisition--Delivery Order.

    Note: The form illustrated in Sec. 101-26.4902-1781 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[47 FR 41364, Sept. 20, 1982]



Sec. 101-26.4902-2891  GSA Form 2891: Instructions to Users of Federal Supply Schedules.

    Note: The form illustrated in Sec. 101-26.4902-2891 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[43 FR 24533, June 6, 1978]



Sec. 101-26.4904  Other agency forms.

    This section illustrates forms issued by other agencies which are 
prescribed or available for use in connection with subject matter 
covered in other subparts of part 101-26. The issuing activity is also 
identified in the section requiring the use of such forms. The forms are 
illustrated to show their text, format, and arrangement and to provide a 
ready source of reference. The subsection numbers in this section 
correspond with the applicable agency form numbers.

[34 FR 19979, Dec. 20, 1969]



Sec. 101-26.4904-416  DD Form 416: Purchase Request for Coal, Coke, or Briquettes.

    Note: The form illustrated in Sec. 101-26.4904-416 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[40 FR 31224, July 25, 1975]



PART 101-27--INVENTORY MANAGEMENT--Table of Contents




Sec.
101-27.000  Scope of part.

                  Subpart 101-27.1--Stock Replenishment

101-27.101  General.
101-27.102  Economic order quantity principle.
101-27.102-1  Applicability.
101-27.102-2  Guidelines.
101-27.102-3  Limitations on use.
101-27.103  Acquisition of excess property.

          Subpart 101-27.2--Management of Shelf-Life Materials

101-27.201  Scope of subpart.
101-27.202  Applicability.
101-27.203  Program objectives.
101-27.204  Types of shelf-life items.
101-27.205  Shelf-life codes.
101-27.206  Procurement of shelf-life materials.
101-27.206-1  General considerations.
101-27.206-2  Identification and shipping requirements.
101-27.206-3  Packaging.
101-27.207  Control and inspection.
101-27.207-1  Agency controls.
101-27.207-2  Inspection.
101-27.207-3  Marking material to show extended shelf life.
101-27.208  Inventory analyses.
101-27.209  Utilization and distribution of shelf-life items.
101-27.209-1  GSA stock items.
101-27.209-2  Items to be reported as excess.
101-27.209-3  Disposition of unneeded property.

             Subpart 101-27.3--Maximizing Use of Inventories

101-27.300  Scope.
101-27.301  [Reserved]
101-27.302  Applicability.
101-27.303  Reducing long supply.
101-27.303-1  Cancellation or transfer.

[[Page 284]]

101-27.303-2  Redistribution.
101-27.304  Criteria for economic retention limits.
101-27.304-1  Establishment of economic retention limit.
101-27.304-2  Factors affecting the economic retention limit.
101-27.305  Disposition of long supply.

          Subpart 101-27.4--Elimination of Items From Inventory

101-27.400  Scope of subpart.
101-27.401  [Reserved]
101-27.402  Applicability.
101-27.403  General.
101-27.404  Review of items.
101-27.405  Criteria for elimination.
101-27.406  Disposition of stock.

               Subpart 101-27.5--Return of GSA Stock Items

101-27.500  Scope and applicability of subpart.
101-27.501  Eligibility for return.
101-27.502  Criteria for return.
101-27.503  Allowable credit.
101-27.504  Notice to GSA.
101-27.505  Notice to activity.
101-27.506  Determination of acceptability for credit.
101-27.507  Transportation and other costs.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).



Sec. 101-27.000  Scope of part.

    This part provides policies, principles, and guidelines to be used 
in the management of Government-owned inventories of personal property.

[29 FR 15997, Dec. 1, 1964]



                  Subpart 101-27.1--Stock Replenishment



Sec. 101-27.101  General.

    Each agency shall establish and maintain such control of personal 
property inventories as will assure that the total cost involved will be 
kept to the minimum consistent with program needs. For purposes of stock 
replenishment, inventories may be considered to be composed of active 
inventory which is that portion carried to satisfy average expected 
demand, and safety stock which is that portion carried for protection 
against stock depletion occurring when demand exceeds average expected 
demand, or when leadtime is greater than anticipated.
    (a) In establishing active inventory levels, consideration shall be 
given to the average demand of individual items, space availability, 
procurement costs, inventory carrying costs, purchase prices, quantity 
discounts, transportation costs, other pertinent costs, and statutory 
and budgetary limitations.
    (b) In establishing safety stock levels, consideration shall be 
given to demand and leadtime fluctuations, essentiality of items, and 
the additional costs required to achieve additional availability.

[29 FR 15997, Dec. 1, 1964]



Sec. 101-27.102  Economic order quantity principle.

    The economic order quantity (EOQ) principle is a means for achieving 
economical inventory management. Application of the EOQ principle 
reduces total variable costs of procurement and possession to a minimum.

[41 FR 3858, Jan. 27, 1976]



Sec. 101-27.102-1  Applicability.

    All executive agencies, except the Department of Defense, within the 
United States, excluding Alaska and Hawaii, shall replenish inventories 
of stock items having recurring demands, except items held at points of 
final use, in accordance with the economic order quantity (EOQ) 
principle.

[29 FR 15997, Dec. 1, 1964]



Sec. 101-27.102-2  Guidelines.

    Guidelines for implementing the EOQ principle of stock replenishment 
are in the GSA Handbook, The Economic Order Quantity Principle and 
Applications, issued by the Federal Supply Service, GSA. The handbook is 
identified under national stock number 7610-00-543-6765 in the GSA 
Supply Catalog, and copies may be obtained by agencies in the same 
manner as other items in that catalog. The public may purchase the 
handbook from the Superintendent of Documents, U.S. Government Printing 
Office, Washington, DC 20402.

[41 FR 3858, Jan. 27, 1976]

[[Page 285]]



Sec. 101-27.102-3  Limitations on use.

    (a) When there are no limiting factors which preclude its 
application, such as space or budgetary limitations, the basic EOQ 
techniques shall be used.
    (b) When a space, personnel, or budgetary limitation precludes 
application of the basic EOQ technique, a modification of the technique 
may be made provided the modification produces:
    (1) The fewest possible replenishments for a given level of 
inventory investment; or
    (2) The lowest possible level of inventory investment for a given 
number of replenishments.
    (c) When quantity purchase discounts or volume transportation rates 
will produce savings greater than the increased variable costs involved 
in procurement and possession, the economic purchase quantity (EPQ) 
principle shall be used as described in the GSA Handbook. The Economic 
Order Quantity Principle and Applications.

[29 FR 15997, Dec. 1, 1964, as amended at 31 FR 9541, July 14, 1966; 41 
FR 3858, Jan. 27, 1976]



Sec. 101-27.103  Acquisition of excess property.

    Except for inventories eligible for return to GSA for credit 
pursuant to the provisions of Sec. 101-27.501 and for inventories for 
which an economic retention limit has been established in accordance 
with the provisions of subpart 101-27.3 of this part, inventory levels 
may be adjusted upward when items of stock are to be acquired from 
excess sources. Such adjustments should be tempered by caution and 
arrived at after careful consideration. Generally, acquisitions of items 
for inventory from excess sources shall not exceed a 2-year supply 
except when:
    (a) A greater quantity is needed to meet known requirements for an 
authorized planned program.
    (b) The item is not available without special manufacture and a 
predictable requirement exists.
    (c) Administrative determination has been made that in application 
of the EOQ principle of stock replenishment within an agency an 
inventory level in excess of 2 years is appropriate for low dollar-
volume items.
    (d) The items are being transferred into authorized stock funds for 
resale to other Government agencies.

[34 FR 200, Jan. 7, 1969, as amended at 41 FR 3858, Jan. 27, 1976]



          Subpart 101-27.2--Management of Shelf-Life Materials



Sec. 101-27.201  Scope of subpart.

    This subpart provides for the identification, designation of useful 
life, and establishment of controls for shelf-life items to minimize 
loss and insure maximum use prior to deterioration. A shelf-life item is 
any item possessing deteriorative or unstable characteristics to the 
degree that a storage period must be assigned to assure the issuance of 
material that will perform satisfactorily in service.

[32 FR 6493, Apr. 27, 1967]



Sec. 101-27.202  Applicability.

    This subpart 101-27.2 is applicable to all executive agencies except 
the Department of Defense. The principles and objectives prescribed in 
this subpart are in consonance with those adopted by the Department of 
Defense in the establishment of shelf-life procedures for use by 
military activities.

[32 FR 6493, Apr. 27, 1967]



Sec. 101-27.203  Program objectives.

    In order to assure maximum use of shelf-life items, each executive 
agency shall:
    (a) Identify shelf-life items, including any new items to be placed 
in inventory, which have a limited shelf-life period.
    (b) Establish the shelf-life period of such items and procedures for 
controlling their procurement, storage, and issue.
    (c) Inspect or test certain shelf-life items prior to deterioration 
to determine if the shelf-life period can be extended.
    (d) Conduct inventory management analyses to determine if shelf-life 
stocks are expected to be utilized prior to the expiration of the 
original or any extended shelf-life period, and, if not, arrange for 
transfer of such stock in

[[Page 286]]

sufficient time to permit usage prior to deterioration.
    (e) Make available for Government-wide distribution, through excess 
property channels, any stocks which cannot be utilized through normal 
supply channels.

[32 FR 6493, Apr. 27, 1967]



Sec. 101-27.204  Types of shelf-life items.

    Shelf-life items are classified as nonextendable (Type I) and 
extendable (Type II). Type I items have a definite storage life after 
which the item or material is considered to be no longer usable for its 
primary function and should be discarded. Type II items are those for 
which successive reinspection dates can be established when the items 
have a continued usability as determined by examination based upon 
criteria that have been agreed upon. Examples of Type I items are drugs 
and medicines with certain characteristics. Examples of Type II items 
are paint and ink.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.205  Shelf-life codes.

    Shelf-life items shall be identified by use of a one-digit code to 
provide for uniform coding of shelf-life materials by all agencies.
    (a) The code designators for shelf-life periods of up to 60 months 
are as follows:

------------------------------------------------------------------------
                                                                Type II
     Shelf-life period (months)          Type I item code      item code
------------------------------------------------------------------------
1...................................  A.....................  ..........
2...................................  B.....................  ..........
3...................................  C.....................           1
4...................................  D.....................  ..........
5...................................  E.....................  ..........
6...................................  F.....................           2
9...................................  G.....................           3
12..................................  H.....................           4
15..................................  J.....................  ..........
18..................................  K.....................           5
21..................................  L.....................  ..........
24..................................  M.....................           6
27..................................  N.....................  ..........
30..................................  P.....................  ..........
36..................................  Q.....................           7
48..................................  R.....................           8
60..................................  S.....................           9
------------------------------------------------------------------------

    (b) Code designator 0 is used to identify items not included in a 
shelf-life program.
    (c) Code designator X shall be used to identify critical end-use 
items, military essential items, and medical items with a shelf life 
greater than 60 months. Agencies shall establish controls for such 
materials to prevent issuance of any unserviceable items.
    (d) Agencies may also establish controls for materials with a shelf 
life greater than 60 months that are not identified in paragraph (c) of 
this section. Such controls should be established only when they are 
necessary for effective management of the items.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.206  Procurement of shelf-life materials.



Sec. 101-27.206-1  General considerations.

    In determining requirements for shelf-life items, the following 
elements should be taken into consideration:
    (a) Assigned storage time periods; and
    (b) Appropriate contracting techniques for the particular item 
involved, including specification requirements, industry practices, and 
storage and delivery procedures.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.206-2  Identification and shipping requirements.

    Manufacturers shall, whenever practicable, be required to mark the 
unit or container with the month and year of manufacture or production 
and the batch number on all shelf-life items (60 months or less) 
procured from other than GSA sources. Whenever practical, the supplier 
shall be required to ship or deliver material within a given number of 
months from the date of manufacture or production. These ``age on 
delivery'' requirements should not be imposed in such a manner as to 
unduly restrict competition at any trade level. The following guidelines 
are suggested as appropriate for most shelf-life items:

------------------------------------------------------------------------
             Shelf-life period                     Age on delivery
------------------------------------------------------------------------
25 mos. or more...........................  6 mos.
19 to 24 mos..............................  4 mos.
13 to 18 mos..............................  3 mos.
7 to 12 mos...............................  2 mos.
6 mos. or less............................  1 mo. or less.
------------------------------------------------------------------------


[40 FR 59595, Dec. 29, 1975]

[[Page 287]]



Sec. 101-27.206-3  Packaging.

    To the extent feasible and economical, shelf-life material shall be 
packaged in such a way as to provide for minimum deterioration.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.207  Control and inspection.



Sec. 101-27.207-1  Agency controls.

    Agencies shall establish the necessary controls to identify shelf-
life items on their stock records (and in other appropriate elements of 
their supply system), and shall determine the appropriate shelf life for 
other than GSA managed items. Shelf-life items shall be stored in such a 
way as to ensure that the oldest stock on hand is issued first. Agencies 
shall issue the oldest stock of shelf-life items first except when it is 
not feasible as in shipments to overseas activities.

[40 FR 59596, Dec. 29, 1975]



Sec. 101-27.207-2  Inspection.

    Type II items remaining in stock immediately before the end of the 
designated shelf-life period shall be inspected to determine whether the 
shelf life can be extended, except items having a line item inventory 
value of $300 or less, or if the cost of inspection or testing is 
significant in relation to the value of the item. If the material is 
found suitable for issue on the date of inspection, the shelf life 
should be extended for a period equal to 50 percent of the original 
shelf-life period and the next reinspection date established 
accordingly. Material should be reinspected before the end of each 
extended shelf-life period and the shelf life extended again up to 50 
percent of the original shelf life as long as the material conforms to 
the established criteria. Material on which the shelf life has been 
extended shall not be shipped to overseas activities if the time 
remaining in the extended shelf-life period is relatively short.

[40 FR 59596, Dec. 29, 1975]



Sec. 101-27.207-3  Marking material to show extended shelf life.

    When the shelf-life period of Type II material (except for critical 
end-use items as described below) is extended, only the exterior 
containers of bulk stocks need be annotated or labeled to indicate the 
date of inspection and date material is to be reinspected. Individual 
units of issue not classified as having a critical end-use application 
are not required to be annotated or labeled as long as controls are 
established to preclude issuance of unserviceable material to a user. (A 
critical end-use item is any item which is essential to the preservation 
of life in emergencies; e.g., parachutes, marine life preservers, and 
certain drug products, or any item which is essential to the performance 
of a major system; e.g., aircraft, the failure of which would cause 
damage to the system or endanger personnel.) At the time of shipment, 
the date of inspection and date for reinspection shall be affixed by 
label or marked by other means on each unit of issue of Type II items 
having a critical end-use application.

[42 FR 61861, Dec. 7, 1977]



Sec. 101-27.208  Inventory analyses.

    (a) An inventory analysis shall be conducted periodically for each 
Type I item to determine whether the quantity on hand will be used 
within the established shelf-life period. If the analysis indicates 
there are quantities which will not be used within the shelf-life 
period, arrangements shall be made to ensure use of the item(s) within 
the holding agency or for redistribution to other agencies.
    (b) An inventory analysis shall be conducted periodically for each 
Type II item with a shelf life of 60 months or less to determine whether 
issue of the quantity on hand is anticipated prior to the expiration of 
the designated shelf life. This analysis shall be made as follows:

------------------------------------------------------------------------
            Shelf-life period                    Date of analysis
------------------------------------------------------------------------
48 to 60 mos............................  12 to 16 mo. prior to
                                           expiration.
36 to 48 mos............................  8 to 12 mo. prior to
                                           expiration.
18 to 36 mos............................  6 to 8 mo. prior to
                                           expiration.
12 to 18 mos............................  4 to 6 mo. prior to
                                           expiration.
6 to 12 mos.............................  3 to 4 mo. prior to
                                           expiration.
Up to 6 mos.............................  No analysis required, but
                                           special emphasis should be
                                           placed on good requirements
                                           determination and proper
                                           order quantity.
------------------------------------------------------------------------


[[Page 288]]

    (1) If the analysis indicates that the quantity on hand will not be 
issued within the shelf-life period and the cost of inspection or 
testing is not significant in relation to the line item value, the items 
shall be inspected to determine if the shelf-life period can be 
extended.
    (2) If the analysis indicates that the quantity on hand will be 
issued within the shelf-life period, inspection is not required. 
However, such items shall be viewed again during the last month of the 
shelf-life period to determine whether quantities are sufficient to 
warrant inspection. The guidelines in Sec. 101-27.207-2 shall be used to 
determine whether quantities are sufficient to warrant inspection and 
for extending the shelf-life period.
    (3) If an agency does not have an inspection capability and the 
quantity and value of an indicated overage is sufficiently large to 
warrant special consideration, arrangements shall be made for qualified 
inspection or laboratory testing to determine whether the material is 
suitable for issue.

[40 FR 59596, Dec. 29, 1975]



Sec. 101-27.209  Utilization and distribution of shelf-life items.

    Where it is determined that specified quantities of both Type I and 
Type II shelf-life items will not be used within the shelf-life period, 
such quantities shall be utilized or distributed in accordance with this 
section.

[35 FR 5010, Mar. 24, 1970]



Sec. 101-27.209-1  GSA stock items.

    Shelf-life items that meet the criteria for return under the 
provisions of subpart 101-27.5 of this part may be offered for return to 
GSA.

[35 FR 12721, Aug. 11, 1970]



Sec. 101-27.209-2  Items to be reported as excess.

    Shelf-life items which do not meet the criteria in subpart 101-27.5 
of this part, which would, if returned to GSA, adversely affect the GSA 
nationwide stock position, or which are returned to GSA and are 
determined unsuitable for issue, will be reported as excess under the 
provisions of part 101-43 of this chapter.

[35 FR 12721, Aug. 11, 1970]



Sec. 101-27.209-3  Disposition of unneeded property.

    If no transfer is effected and no donation requested, the property 
shall be assigned for sale, abandonment, or destruction in accordance 
with part 101-45 of this chapter.

[32 FR 6493, Apr. 27, 1967]



             Subpart 101-27.3--Maximizing Use of Inventories

    Source: 32 FR 13456, Sept. 26, 1967, unless otherwise noted.



Sec. 101-27.300  Scope.

    This subpart prescribes policy and procedures to assure maximum use 
of inventories based upon recognized economic limitations.



Sec. 101-27.301  [Reserved]



Sec. 101-27.302  Applicability.

    The provisions of this subpart are applicable to all civil executive 
agencies.



Sec. 101-27.303  Reducing long supply.

    Through effective interagency matching of material and requirements 
before the material becomes excess, unnecessary procurements and 
investment losses can be reduced. Timely action is required to reduce 
inventories to their normal stock levels by curtailing procurement and 
by utilizing and redistributing long supply. (The term long supply means 
the increment of inventory of an item that exceeds the stock level 
criteria established for that item by the inventory manager, but 
excludes quantities to be declared excess.) In this connection, 
requirements for agency managed items should be obtained from long 
supply inventories offered by agencies rather than by procurement from 
commercial sources. Because supply requirements usually fluctuate over a 
period of time, a long supply quantity which is 10 percent or less of 
the total stock of the

[[Page 289]]

item is considered marginal and need not be reduced.

[41 FR 3858, Jan. 27, 1976]



Sec. 101-27.303-1  Cancellation or transfer.

    When the long supply of an item, including quantities due in from 
procurement, is greater than 10 percent of the total stock of that item, 
the inventory manager, or other appropriate official, shall cancel or 
curtail any outstanding requisitions or procurements on which award has 
not been made for such items, and may also cancel contracts for such 
items (if penalty charges would not be incurred) or transfer the long 
supply, if economical, to other offices within the agency in accordance 
with agency utilization procedures. In such cases, acquisition of long 
supply items shall not be made from other sources such as requirements 
contracts.



Sec. 101-27.303-2  Redistribution.

    If the long supply of an item remains greater than 10 percent of the 
total stock of an item despite efforts to cancel or transfer the long 
supply as provided in Sec. 101-27.303-1, the inventory manager shall 
offer the long supply to another agency or other agencies in accordance 
with this Sec. 101-27.303-2. Before offering a long supply to any 
agency, the inventory manager shall determine whether the item to be 
offered is a centrally managed item or an agency managed item. A 
centrally managed item is an item of supply or equipment which forms 
part of an inventory of an agency performing a mission of storage and 
distribution to other Government activities; e.g., GSA and DSA. An 
agency managed item is a procured item that forms a part of a controlled 
inventory of an agency and its activities for issue internally for its 
own use. After determining whether the item to be offered is an agency 
or centrally managed item, the inventory manager shall:
    (a) Offer centrally managed items to the agency managing the item 
for return and credit in accordance with the procedures established by 
that agency; and
    (b) Offer agency managed items to other agencies which manage the 
same item. Reimbursement shall be arranged by the agencies effecting the 
inventory transfer. The responsibility of locating agencies or 
activities requiring these items shall rest with the agency holding the 
long supply. However, agencies may receive a list of Government 
activities using particular national stock numbers by writing to the 
General Services Administration (FFL), Washington, DC 20406.

[32 FR 13456, Sept. 26, 1967, as amended at 41 FR 3858, Jan. 27, 1976]



Sec. 101-27.304  Criteria for economic retention limits.

    If a long supply continues to exceed 10 percent of the total stock 
of an item despite efforts to redistribute the long supply as provided 
in Sec. 101-27.303-2, the inventory manager shall establish an economic 
retention limit for the item in accordance with the provisions of this 
Sec. 101-27.304. An economic retention limit is the maximum quantity of 
an item that can be held in stock without incurring greater costs for 
carrying the stock than the costs for disposal and resulting loss of 
investment. The economic retention limit shall be used to determine 
which portion of the inventory may be economically retained and which 
portion should be disposed of as excess.

[41 FR 3858, Jan. 27, 1976]



Sec. 101-27.304-1  Establishment of economic retention limit.

    An economic retention limit must be established for inventories so 
that the Government will not incur any more than the minimum necessary 
costs to provide stock of an item at the time it is required. Generally, 
it would be more economical to dispose of stock in excess of the limit 
and procure stock again at a future time when the need is more proximate 
rather than incur the cumulative carrying costs.
    (a) The agency managing a centrally managed or agency managed item 
shall establish an economic retention limit so that the total cumulative 
cost of carrying a stock of the item (including interest on the capital 
that is tied up in the accumulated carrying costs) will be no greater 
than the reacquisition cost of the stock (including the procurement or 
order cost). Consideration

[[Page 290]]

should be given to any significant net return that might be realized 
from present disposal of the stock. Where no information has been 
issued, the net return from disposal is assumed to be zero. Guidelines 
for setting stock retention limits are provided in the following table 
and explanatory remarks that follow:

------------------------------------------------------------------------
                       Economic retention limit in years of supply--net
  Annual carrying         return on disposal as a percentage of item
     costs as a                      reacquisition costs
 percentage of item ----------------------------------------------------
reacquisition costs      0          5          10        15        20
------------------------------------------------------------------------
             10      7\1/4\     6\3/4\     6\1/4\          6    5\1/2\
             15      5\1/2\          5     4\3/4\     4\1/4\         4
             20      4\1/4\          4     3\3/4\     3\1/2\    3\1/4\
             25      3\1/2\     3\1/4\          3          3    2\3/4\
             30           3     2\3/4\     2\3/4\     2\1/2\    2\1/4\
             35      2\3/4\     2\1/2\     2\1/4\     2\1/4\         2
             40      2\1/2\     2\1/4\          2          2    1\3/4\
------------------------------------------------------------------------
Note: The entries in the tables were calculated by determining how long
  an item must be carried in inventory before the total cumulative
  carrying costs (including interest on the additional funds that would
  be tied up in the accumulated annual carrying costs) would exceed the
  acquisition costs of the stock. at that time (reacquisition costs).
  For example, assuming no net return from disposal, the accumulated
  carrying costs computed at the rate of 25 percent per year on the
  reacquisition cost of the stock and compounded annually at 10 percent
  (GSA's recommended rate of interest on Government investments) would
  be:


------------------------------------------------------------------------
                        Compounded carrying      Accumulated costs as a
       Years         costs as a percentage of        percentage of
                           reacquisition         reacquisitioned costs
------------------------------------------------------------------------
             1                    27.5                       27.5
             2                    30.3                       57.8
             3                    33.3                       91.1
             4                    36.6                      127.7
             5                    40.3                      168.0
             6                    44.3                      212.3
------------------------------------------------------------------------


At 25 percent a year, accumulated carrying costs would be equivalent to 
the reacquisition costs after 3\1/2\ years. Three and one-half years is, 
therefore, the economic retention limit for items with a 25 percent 
annual carrying cost rate. Where an activity has not yet established an 
estimate of its carrying cost, an annual rate of 10 percent may be used 
as an interim rate thereby resulting in an economic retention limit of 
7\1/4\ years when the net return on disposal is zero. The elements of 
carrying (holding) cost are given in the GSA Handbook, The Economic 
Order Quantity Principle and Applications. The handbook is listed in the 
GSA Supply Catalog and may be ordered in the same manner as other items 
in the catalog.
    (b) The economic retention limit at a user stocking activity can 
best be determined by the item manager (for centrally managed or agency 
managed items) on the basis of overall Government requirements and 
planned procurement. Since stocks in long supply at a user stocking 
activity are less likely to find utilization outlets, the retention 
limit at these activities should be relatively small. Generally the 
economic retention limit at a user stocking activity should be computed 
in the same manner as in paragraph (a) of this section and then reduced 
by 70 percent.

[39 FR 27902, Aug. 2, 1974]



Sec. 101-27.304-2  Factors affecting the economic retention limit.

    (a) The economic retention limit may be increased where:
    (1) The item is of special manufacture and relates to an end item of 
equipment which is expected to be in use beyond the economic retention 
time limit; or
    (2) Costs incident to holding an additional quantity are 
insignificant and obsolescence and deterioration of an item are 
unlikely.
    (b) The economic retention limit should be reduced under the 
following conditions:
    (1) The related end item of equipment is being phased out or an 
interchangeable item is available; or
    (2) The item has limited storage life, is likely to become obsolete, 
or the age and condition of the item does not justify the full retention 
limit.



Sec. 101-27.305  Disposition of long supply.

    Where efforts to reduce the inventory below the economic retention 
limit have been unsuccessful, appropriate disposition should be effected 
in accordance with subpart 101-43.3 of this chapter. Any remaining 
inventory which is within the economic retention limit shall be 
retained. However, the item shall be reviewed at least annually and 
efforts made to reduce the long supply inventory in accordance with 
Sec. 101-27.303.

[[Page 291]]



          Subpart 101-27.4--Elimination of Items From Inventory

    Source: 32 FR 12401, Aug. 25, 1967, and 32 FR 12721, Sept. 2, 1967, 
unless otherwise noted.



Sec. 101-27.400  Scope of subpart.

    This subpart establishes policy and procedures designed to assure 
that items which can be obtained more economically from readily 
available sources, Government or commercial, are eliminated from 
inventory. For items which are not readily available from Government or 
commercial sources or are being held in inventory for a one time 
construction project, this subpart shall be applied to the extent 
feasible by the activity managing or controlling such inventories.



Sec. 101-27.401  [Reserved]



Sec. 101-27.402  Applicability.

    The provisions of this subpart are applicable to all executive 
agencies in connection with inventory items maintained at stocking 
activities other than Government wholesale supply sources.



Sec. 101-27.403  General.

    By eliminating inactive items and slow-moving items which are 
readily available, when needed, from Government wholesale supply 
activities or from commercial sources, the costs to the Government in 
inventory investment and for maintaining the items in inventory can be 
eliminated. An ``inactive item'' is an item for which no current or 
future requirements are recognized by previous users and the item 
manager. A ``slow-moving item'' is an item for which there are current 
or future requirements, but the frequency and quantity of such 
requirements do not make it economical to stock them in lieu of 
obtaining requirements from other sources when needed. However, 
``standby or reserve items'' are not to be eliminated from inventories. 
A ``standby or reserve item'' is an item for which a reserve stock is 
held so that the items will be available immediately to meet emergencies 
for which there is insufficient time to procure or requisition the items 
without endangering life or causing substantial financial loss to the 
Government.

[41 FR 3859, Jan. 27, 1976]



Sec. 101-27.404  Review of items.

    Except for standby or reserve stocks, items in inventory shall be 
reviewed periodically (at least annually) to identify those which are 
inactive and slow-moving. This review may be conducted coincidently with 
the normal replenishment or long supply reviews. The estimate of current 
or future requirements for an item shall be based on its recent history 
of recurring requirements. Standby items shall also be reviewed at 
appropriate intervals to substantiate their qualification for inclusion 
in that category.



Sec. 101-27.405  Criteria for elimination.

    Inactive items, items which no longer qualify as standby, and slow-
moving items which are readily available, when needed, from Government 
or commercial sources shall be eliminated from inventory. The 
determination of a slow-moving item shall be based on a comparison of 
the costs for continuing to maintain it in stock as opposed to the costs 
for ordering it from outside sources each time it is requested. This 
comparison shall also consider any difference in price and 
transportation costs for each alternative. In the absence of criteria 
for stockage of an item developed and used by an agency, the desired 
results will be obtained through application of the following table:

------------------------------------------------------------------------
                                                               Minimum
                                                              number of
                                                            requests per
    Orders per year under economic order quantity (EOQ)        year to
                                                               justify
                                                            continuation
                                                              in stock
------------------------------------------------------------------------
12 and over...............................................           24
11........................................................           22
10........................................................           20
9.........................................................           18
8.........................................................           16
7.........................................................           14
6.........................................................           12
5.........................................................           10
4.........................................................            8

[[Page 292]]

 
3 and under...............................................            7
------------------------------------------------------------------------
Note: Except for the low dollar infrequently ordered item, which
  requires a higher minimum, an item should be discontinued from stock
  if the number of requests for it is less than twice its order
  frequency under EOQ. For example, an item ordered six times per year
  under EOQ should have at least 12 requests per year to continue
  stockage. For 11 requests, it would cost less to order each time it
  was requested.


11 orders at $5 per order...................................         $55
Under EOQ:
  6 orders at $5 per order..................................         $30
  Holding cost (equal to ordering cost).....................          30
                                                             -----------
      Total.................................................          60
------------------------------------------------------------------------



Sec. 101-27.406  Disposition of stock.

    Stocks of slow-moving items which are not otherwise determined to be 
eligible for continued stockage shall be eliminated through normal 
attrition and shall not be replenished. The successive actions indicated 
in paragraphs (a) through (c) of this section, shall be taken, as 
necessary, to remove stocks of inactive items from inventory.
    (a) Transfer stock to other offices where needed within the agency.
    (b) Transfer stock to other agencies as follows:
    (1) Centrally managed items to the agency managing the item for 
credit; or
    (2) Agency program items to agencies requiring them.
    (c) Dispose of remaining stocks, as excess, after actions taken in 
paragraphs (a) and (b) of this section, in accordance with subpart 101-
43.3.



               Subpart 101-27.5--Return of GSA Stock Items

    Source: 35 FR 12721, Aug. 11, 1970, unless otherwise noted.



Sec. 101-27.500  Scope and applicability of subpart.

    This subpart sets forth policy and procedures for the return to GSA 
for credit of items which are in long supply or for which no current or 
future requirements are anticipated. The provisions of this subpart 101-
27.5 are applicable to all executive agencies. Federal agencies other 
than executive agencies may participate in this program and are 
encouraged to do so.



Sec. 101-27.501  Eligibility for return.

    GSA stock items for which no current or future agency requirements 
are anticipated are eligible for return to GSA for credit. Despite 
eligibility for return to GSA, consideration should be given to the 
transportation costs involved as related to the value of the items, and, 
where excessive, such items shall not be reported to GSA.



Sec. 101-27.502  Criteria for return.

    Any GSA stock item to be returned to GSA by an agency which has no 
current or future requirements for that item shall meet the following 
conditions:
    (a) The minimum dollar value per line item, based on the current GSA 
selling price, shall be:
    (1) $130 for hand tools, FSG 51, and measuring tools, FSG 52; and
    (2) $450 for items in all other Federal supply groups and classes 
except for tires and tubes, FSC 2610; tool kits, FSC 5180; laboratory 
supplies, FSCs 6630 and 6640; Standard forms, FSC 7540; paints, dopes, 
varnishes, and related products, FSC 8010; preservatives and sealing 
compounds, FSC 8030; adhesives, FSC 8040; boxes, cartons, and crates, 
FSC 8115; and subsistence items, FSG 89, which are not returnable and 
shall be considered excess, and shall be processed in accordance with 
part 101-43 of this chapter.
    (b) The minimum remaining shelf life of this material shall be 12 
months at the time of receipt by GSA.
    (c) The material shall not be a terminal or discontinued item.
    (d) The material shall be in either condition code A or condition 
code E.

[35 FR 12721, Aug. 11, 1970, as amended at 44 FR 39393, July 6, 1979; 56 
FR 11939, Mar. 21, 1991]



Sec. 101-27.503  Allowable credit.

    Allowable credit for activities returning material that is accepted 
by GSA will be reflected in billings by GSA and will be commensurate 
with the condition of the material received.
    (a) Credit will be granted at the rate of 80 percent of the current 
GSA selling price after acceptance by GSA for new,

[[Page 293]]

used, repaired, or reconditioned material which is serviceable and 
issuable to all agencies without limitation or restriction (condition 
code A).
    (b) Credit will be granted at the rate of 60 percent of the current 
GSA selling price for items which involve limited expenses or effort to 
restore to serviceable condition, and which is accomplished in the 
storage activity where the stock is located (e.g., a deficiency in 
packing or packaging which restricts the issue or requires repacking or 
repackaging (condition code E)).
    (c) No credit will be given for material returned to GSA which does 
not meet the above criteria or which was returned to GSA without prior 
approval.

[56 FR 11939, Mar. 21, 1991]



Sec. 101-27.504  Notice to GSA.

    When an activity elects to offer material to GSA for credit, the 
activity shall submit offers in accordance with chapter 4 of the 
FEDSTRIP Operating Guide or chapter 9 of MILSTRIP (DoD 4000.25-1-M).

[56 FR 11939, Mar. 21, 1991]



Sec. 101-27.505  Notice to activity.

    GSA will provide notice to the offering activity of an acceptance/
rejection decision for an offer and verification of material receipt for 
accepted offers.
    (a) Within 20 workdays after receipt of an offer to return material, 
GSA will notify the offering activity of acceptance or rejection of the 
offer.
    (1) For accepted offers, GSA will inform the offering activity of 
the GSA material return facility (storage activity) to which the 
material shall be shipped. Prior to shipment of the material authorized 
by GSA for return, activities shall verify the declared condition. (If 
the offering activity considers that the transportation costs of sending 
the material to the GSA material return facility are excessive in 
relation to the value of the material and withdraws the offers, the GSA 
region that was designated to receive the offered material shall be 
notified accordingly.)
    (2) For rejected offers, GSA will so inform the activity offering 
the material and give the reason for nonacceptance.
    (b) Upon receipt of material authorized for return by GSA, the 
offering activity will be provided verification of receipt and a report 
of any discrepancies. When the discrepant condition is attributable to 
carrier negligence, subsequent credit allowed by GSA will be reduced by 
the amount to be paid the agency by the carrier for any damages 
incurred. A notice of credit will be provided the offering activity 
through credit entries on the monthly billing statement from the 
supporting GSA finance center.
    (c) When offers of material that have been authorized by GSA for 
return are withdrawn, offering activities shall report such cancellation 
to the GSA region that was designated to receive the offered material.

[41 FR 3859, Jan. 27, 1976, as amended at 44 FR 39394, July 6, 1979; 56 
FR 11939, Mar. 21, 1991]



Sec. 101-27.506  Determination of acceptability for credit.

    Returned material will be examined by GSA upon receipt to determine 
acceptability for credit. Returned material which is unacceptable for 
credit will be deemed to have been declared excess by the returning 
activity, and will be disposed of by GSA as excess or surplus in the 
name of the activity, in accordance with part 101-43 of this chapter. 
The returning activity will be officially notified of the disposal 
action taken by GSA.



Sec. 101-27.507  Transportation and other costs.

    Transportation costs for the movement of material to GSA and 
handling costs for preparation and shipment shall be paid by the 
activity shipping the material to GSA.



PART 101-28--STORAGE AND DISTRIBUTION--Table of Contents




Sec.
101-28.000  Scope of part.

Subpart 101-28.1  [Reserved]

   Subpart 101-28.2--Interagency Cross-Servicing in Storage Activities

101-28.200  Scope of subpart.
101-28.201  Applicability.

[[Page 294]]

101-28.202  GSA/DOD cross-servicing agreement.
101-28.202-1  Request for services.
101-28.202-2  Cancellation of cross-servicing arrangements.
101-28.202-3  Cross-servicing rates.
101-28.202-4  Reimbursement for services.
101-28.203  Definitions.
101-28.203-1  Government storage activity.
101-28.203-2--101-28.203-3  [Reserved]
101-28.203-4  Contact point.

                Subpart 101-28.3--Customer Supply Centers

101-28.300  Scope of subpart.
101-28.301  Applicability.
101-28.302  Mission of customer supply centers.
101-28.303  Benefits provided by customer supply centers.
101-28.304  Item selection and stockage criteria.
101-28.304-1  Types of items.
101-28.304-2  Determining items to be stocked.
101-28.305  Prices of customer supply center items.
101-28.306  Customer supply center (CSC) accounts and related controls.
101-28.306-1  Establishment of a CSC account by a customer activity.
101-28.306-2  Use of customer supply centers.
101-28.306-3  Limitations on use.
101-28.306-4  Expiration or cancellation.
101-28.306-5  Safeguards.
101-28.306-6  Sensitive items.
101-28.306-7  Responsibility for operation.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).



Sec. 101-28.000  Scope of part.

    This part prescribes policy and procedures for the economical and 
efficient management of warehousing and related activities by executive 
agencies.

[29 FR 15998, Dec. 1, 1964]

Subpart 101-28.1  [Reserved]



   Subpart 101-28.2--Interagency Cross-Servicing in Storage Activities



Sec. 101-28.200  Scope of subpart.

    This subpart prescribes policies and procedures to be followed in 
the cross-servicing of storage and warehousing services between 
executive agencies of the Government. It implements the provisions of 
the cross-servicing agreement between the Department of Defense (DOD) 
and GSA and extends the provisions of the agreement to provide cross-
servicing between the civilian agencies of the Government.

[29 FR 15998, Dec. 1, 1964]



Sec. 101-28.201  Applicability.

    (a) The policies and procedures established by this subpart 101-28.2 
are primarily applicable to storage activities within the United States. 
Executive agencies shall make every effort to utilize available 
Government storage services of other executive agencies to avoid new 
construction of storage facilities, acquisition of temporary space, and 
unnecessary transportation of supplies, material, and equipment to 
distant storage points. Whenever feasible, the policies and procedures 
shall be used to cross-service storage and warehousing requirements in 
overseas storage activities. Available storage services of executive 
agencies shall be made available for cross-servicing the requirements of 
other Federal agencies when requested. Other Federal agencies are 
encouraged to participate in cross-servicing arrangements.
    (b) The provisions of this subpart 101-28.2 do not apply to ocean 
terminals, Government storage activities financed under industrial 
funds, activities concerned with the storage and handling of bulk fuels 
(petroleum products), and storage functions performed by GSA for the 
Federal Preparedness Agency.

[35 FR 7050, May 16, 1970, as amended at 42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202  GSA/DOD cross-servicing agreement.

    An agreement between GSA and DOD has established procedures to be 
followed in the cross-servicing of storage and warehousing services 
between Government agencies. Copies of the agreement, containing a 
listing of minimum services to be provided, responsibilities of agencies 
operating storage facilities, responsibilities of requesting agencies, 
and agency contact points to determine storage availability, may be 
obtained from the General Services Administration (FFN), Washington, DC 
20406.

[42 FR 2317, Jan. 11, 1977]

[[Page 295]]



Sec. 101-28.202-1  Request for services.

    Requests for storage and warehousing services shall be in accordance 
with the procedures set forth in the GSA/DOD cross-servicing agreement. 
Arrangements incident to the furnishing of services, specific 
limitations, terms, and conditions shall be agreed to directly by the 
activities concerned.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202-2  Cancellation of cross-servicing arrangements.

    (a) Accepted requests may be canceled by the requesting agency prior 
to delivery of supplies, material, and equipment to the storage activity 
when logistical developments make cancellation necessary or cancellation 
is in the best interest of the Government. The agency which accepted the 
request shall be informed of the cancellation in writing as soon as 
possible.
    (b) Cancellation of arrangements in facilities to be inactivated or 
disposed of by an operating agency may be made as provided for in the 
GSA/DOD agreement. Also, after supplies, material, and equipment have 
been received at a storage activity, cancellation may be made when 
unforeseen emergencies arise which justify such cancellation. Advice of 
these necessary cancellations shall be in writing to the agency owning 
the material sufficiently in advance to allow the owning agency the 
maximum amount of time to make other arrangements for their property.
    (c) When a facility in which cross-servicing is being accomplished 
is to be transferred from an operating agency to another agency, the 
operating agency shall inform the agency owning the property at least 90 
days before the transfer. The agency owning the property shall negotiate 
with the agency gaining the facility for continued cross-servicing of 
the property at the facility. The agency gaining the facility shall 
continue the cross-servicing arrangements unless they are contrary to 
the best interest of the Government.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202-3  Cross-servicing rates.

    Normally, charges for services rendered will be based upon the 
standard rates established by the agency for internal use. However, 
special rates may be negotiated to cover actual or estimated costs for 
large, bulk lots of material when the applicable rates appear 
inequitable, subject to the approval of the appropriate program official 
for the civilian agency, and the Assistant Secretary of Defense (I and 
L) when DOD is involved.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202-4  Reimbursement for services.

    Reimbursement for services rendered shall be made promptly after 
receipt of billing. The frequency for billing and reimbursement shall be 
established by the activity providing warehousing and storage services; 
however, billing and reimbursement shall be made not less frequently 
than quarterly nor more frequently than monthly.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.203  Definitions.

    As used in this subpart 101-28.2, the following term shall apply.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.203-1  Government storage activity.

    A Government activity or facility utilized for the receipt, storage, 
and issue of supplies, materials, and equipment, including storage of 
reserve or excess stocks or intransit storage. The activity may be 
either Government owned or leased, and it may be either Government 
operated or contract operated.

[42 FR 2317, Jan. 11, 1977]



Secs. 101-28.203-2--101-28.203-3  [Reserved]



Sec. 101-28.203-4  Contact point.

    The point within the headquarters of a military service or civilian 
agency to which requests should be forwarded. Coordination necessary 
with various organizational elements within a military service or 
civilian agency shall be accomplished by the contact point.

[42 FR 2317, Jan. 11, 1977]

[[Page 296]]



                Subpart 101-28.3--Customer Supply Centers

    Source: 51 FR 13499, Apr. 21, 1986, unless otherwise noted.



Sec. 101-28.300  Scope of subpart.

    This subpart provides policy for the GSA customer supply center 
program, including policy on item stockage, services provided, and 
Federal agency participation.



Sec. 101-28.301  Applicability.

    This subpart is applicable to all activities that are eligible to 
use customer supply centers. Eligible activities include executive 
agencies, elements of the legislative and judicial branches of the 
Government, and cost reimbursable contractors. Customer supply centers 
are for the use of activities located within the market area of a 
customer supply center as determined by GSA.



Sec. 101-28.302  Mission of customer supply centers.

    Customer supply centers are retail supply distribution outlets 
established by GSA to provide efficient, economical support of 
frequently needed common-use expendable items for the accomplishment of 
customer agency missions.



Sec. 101-28.303  Benefits provided by customer supply centers.

    The customer supply centers (CSCs) provide the following:
    (a) Overall savings to the Federal Government through volume 
purchases.
    (b) Quick and easy catalog item selection and simplified order 
placement by telephone, mail, electronic mail, or customer walk-in for 
urgent agency requirements.
    (c) Next business day shipment to the customer for most orders.
    (d) Same day pick up of emergency walk-in and telephone orders.
    (e) Immediate stock availability information for all telephone and 
walk-in orders.
    (f) Extensive inventory designed to meet the needs of customer 
agencies within the geographic area served by each CSC.
    (g) A detailed catalog which lists the items stocked and procedures 
for use of the CSC.
    (h) Automated biweekly billings (consistent with DOD MILSBILLS).
    (i) Other services as approved by the GSA Regional Administrator.



Sec. 101-28.304  Item selection and stockage criteria.



Sec. 101-28.304-1  Types of items.

    Items stocked in customer supply centers are based on customer 
agency requirements for common use expendable items. In addition to 
administrative type items commonly used in Government offices, 
janitorial supplies, handtools, and other industrial-type items are 
stocked when required to meet the mission-related needs of the 
activities supported by the CSC.



Sec. 101-28.304-2  Determining items to be stocked.

    (a) Each CSC will stock administrative items normally required by 
Federal agencies for day-to-day operations. In addition to those items, 
each CSC will stock additional items as determined by the requirements 
of the activities within the geographic area it serves.
    (b) Regional FSS offices will canvass customer agencies periodically 
to identify items for which there is an official need within their 
support area.
    (c) Customer agencies may request that specific items be stocked by 
their support CSC. The requests must be submitted in writing to the 
appropriate-FSS Bureau Director and must be signed by a customer agency 
official at a level of responsibility (division director or higher) 
acceptable to the GSA Regional Administrator. All requests must indicate 
the expected monthly usage of the item requested. Each request will be 
evaluated and the submitting activity notified of the results of the 
evaluation.



Sec. 101-28.305  Prices of customer supply center items.

    The selling price of a CSC item is an average price which is 
calculated automatically by the CSC computer at the time the item is 
ordered. Items stocked in CSCs that are obtained from GSA

[[Page 297]]

wholesale supply distribution facilities are input into the computer at 
the price in effect at the time of shipment from the facilities (this 
price is normally the price shown in the GSA Supply Catalog). Items 
stocked in CSCs that are not available from GSA wholesale supply 
distribution facilities but which are obtained from other Government 
supply sources or commercial sources are input into the computer at the 
invoice cost. Due to cost averaging, item prices listed in the CSC 
catalog may differ somewhat from the sale price for a particular 
transaction.



Sec. 101-28.306  Customer supply center (CSC) accounts and related controls.



Sec. 101-28.306-1  Establishment of a CSC account by a customer activity.

    (a) Eligible agencies should contact the GSA Regional Federal Supply 
Service Bureau to obtain full information on the use of the CSC for 
their locale. FSS Bureau personnel will provide assistance to agencies 
in the establishment of the CSC account, brief personnel on the use of 
the CSC to meet local, retail supply requirements, and provide copies of 
the CSC catalog.
    (b) An appropriate level management official (division director of 
higher) authorized to obligate agency funds must sign the GSA Form 3525, 
Application for Customer Supply Services, requesting establishment of 
the CSC account for the activity.



Sec. 101-28.306-2  Use of customer supply centers.

    (a) Orders are received by the CSC via phone, mail, electronic mail, 
or in person on a walk-in basis for urgent agency requirements. All use 
of the CSC is based upon the customer access code assigned at the time 
of establishment of the activity account. The customer access code 
determines the ship-to point for orders placed with the CSC. The ship-to 
point cannot be changed, one established, except by the submission of a 
written request signed by an appropriate agency official.
    (b) All orders placed with the CSC, except emergency pickup orders, 
described in Sec. 101-28.306-1(c), will be shipped to the activity 
placing the order via mail or small parcel carrier not later than the 
end of the next business day.
    (c) Walk-in orders for urgent requirements are accepted and filled 
immediately provided the individual placing the order has proper 
identification. Telephone orders placed in the morning may be picked up 
in the afternoon of the same day provided that the individual picking up 
the order possesses proper identification and the order ticket number 
provided by the CSC personnel at the time the order is placed.



Sec. 101-28.306-3  Limitations on use.

    (a) Agencies shall establish internal controls to ensure that the 
use of the CSC account by the agency or other authorized activities is 
limited to the purchase of items for official Government use. The 
controls shall include written instructions that contain a statement 
prohibiting the use of the CSC account in acquiring items for other than 
Government use. When an agency makes a purchase of more than $500 per 
line item from a GSA customer supply center which is other than a 
similar lowest priced item available from a multiple-award schedule, GSA 
will assume that a justification has been prepared and made a part of 
the buying agency's purchase file. Availability of products, regardless 
of the total amount of the line item price, does not relieve an agency 
of the responsibility to select the lowest priced item commensurate with 
needs of the agency.
    (b) Office supplies needed by Members of Congress and the Delegate 
of the District of Columbia for use in their offices in the House or 
Senate Office Buildings should be obtained from the Senate and Houses 
Representatives supply rooms, as appropriate. Members of Congress, 
except for the Delegate of the District of Columbia, should limit their 
use of the CSCs to those located outside of the District of Columbia. 
The Delegate of the District of Columbia may obtain office supplies for 
the use of his or her district offices from the CSC serving the District 
of Columbia.

[[Page 298]]



Sec. 101-28.306-4  Expiration or cancellation.

    (a) CSC accounts established for Federal agencies or members of the 
Federal judiciary are valid for an indefinite period of time unless 
canceled by the Commissioner, FSS, GSA, or by a GSA Regional 
Administrator.
    (b) CSC accounts established for authorized contractors or Members 
of Congress will contain an expiration date reflecting the termination 
date of the contract or term of office. New accounts will be established 
for reinstated contractors or reelected Members of Congress upon 
submission of a new application.
    (c) Any CSC customer may request cancellation of his/her account 
when no longer required or whenever there is cause to believe that the 
customer access code has been compromised. Agencies shall keep GSA 
advised of any changes in organization or accounting structures that 
might have an impact on their CSC accounts.
    (d) The Commissioner FSS, GSA, may periodically direct a nationwide 
purge of all CSC accounts to cancel those that are duplicates, not 
needed, or for which the customer access code has been compromised. 
Selective account cancellations may be directed by the GSA Regional 
Administrator in coordination with FSS Central Office. Under the 
procedures of a nationwide purge, CSC accounts become invalid as of a 
specific date established by the Commissioner, FSS, GSA, or by a 
Regional Administrator, and new CSC accounts are established upon 
receipt of new applications.



Sec. 101-28.306-5  Safeguards.

    Agencies shall establish internal controls to ensure that the 
customer access codes assigned for their accounts are properly 
protected. It is by use of these access codes that orders are accepted 
by the CSC and these codes determine the ship-to points for all orders 
filled by the CSC with the exception of orders picked up at the CSC by 
the customer. GSA will not change the ship-to location associated with 
the customer access code except upon receipt of a written request to do 
so, signed by a duly authorized official of the customer activity.



Sec. 101-28.306-6  Sensitive items.

    Many items stocked by the CSCs may be considered sensitive based 
upon standard criteria factors such as propensity for personal use, the 
potential for embarrassment of GSA and customer agencies, the level of 
customer complaints, and control as an accountable item of personal 
property. Each customer activity shall take all appropriate measures 
necessary to ensure that all items are properly controlled within its 
activity and are purchased solely for official Government use.



Sec. 101-28.306-7  Responsibility for operation.

    The GSA Regional Administrator is responsible for the operation of 
any CSCs located within his or her region.



PART 101-29--FEDERAL PRODUCT DESCRIPTIONS--Table of Contents




Sec.
101-29.000  Scope of part.

                        Subpart 101-29.1--General

101-29.101  Federal product descriptions.
101-29.102  Use of metric system of measurement in Federal product 
          descriptions.

                      Subpart 101-29.2--Definitions

101-29.201  Specification.
101-29.202  Standard.
101-29.203  Federal specification.
101-29.204  Interim Federal specification.
101-29.205  Federal standard.
101-29.206  Interim Federal standard.
101-29.207  Qualified products list (QPL).
101-29.208  Commercial item description (CID).
101-29.209  Purchase description.
101-29.210  Product.
101-29.211  Product description.
101-29.212  Tailoring.
101-29.213  Commercial product.
101-29.214  Commercial-type product.
101-29.215  Departmental specification or standard.
101-29.216  Department of Defense Index of Specifications and Standards 
          (DODISS).
101-29.217  Military specification or standard.
101-29.218  Voluntary standards.
101-29.219  Index of Federal Specifications, Standards and Commercial 
          Item Descriptions.
101-29.220  Market research and analysis.

[[Page 299]]

101-29.221  Federal Specifications, Standards and Commercial Item 
          Description Program (Federal Standardization Program).

                   Subpart 101-29.3--Responsibilities

101-29.301  General Services Administration.
101-29.301-1  Policies and procedures.
101-29.301-2  Federal Standardization Handbook.
101-29.301-3  Availability of Federal product descriptions.
101-29.301-4  Periodic review of Federal product descriptions.
101-29.302  Other Federal agencies.
101-29.303  All Federal executive agencies.

     Subpart 101-29.4--Mandatory Use of Federal Product Descriptions

101-29.401  Federal product descriptions listed in the GSA Index of 
          Federal Specifications, Standards and Commercial Item 
          Descriptions.
101-29.402  Exceptions to mandatory use of Federal product descriptions.
101-29.403  Federal product description exceptions and tailoring.
101-29.403-1  Authorization of exceptions.
101-29.403-2  Agency responsibility relative to exceptions to Federal 
          product descriptions.
101-29.403-3  Tailoring of Federal product descriptions.

      Subpart 101-29.5--Use of and Optional Use of Federal Product 
              Descriptions and Agency Product Descriptions

101-29.501  Optional use of interim Federal specifications.
101-29.502  Use of Federal specifications and interim Federal 
          specifications in Federal construction contracts.
101-29.503  Agency product descriptions.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 48 FR 25196, June 6, 1983, unless otherwise noted.



Sec. 101-29.000  Scope of part.

    This part sets forth the policy and procedures for managing and 
using Federal product descriptions.



                        Subpart 101-29.1--General



Sec. 101-29.101  Federal product descriptions.

    Federal and interim Federal specifications, their associated Federal 
qualified products lists (QPL's), Federal and interim Federal standards 
and Commercial item descriptions (CID's) are referred to collectively as 
Federal product descriptions. They are developed by GSA or other Federal 
agencies under the Assigned Agency Plan described in the ``Federal 
Standardization Handbook'' issued by the Assistant Administrator for 
Federal Supply and Services (FSS). Product descriptions are coordinated 
with other Federal agencies having technical, statutory, or regulatory 
interest in the commodity or other subject matter covered. Generally, 
before they are issued, Federal product descriptions are reviewed by 
technical societies, individual industrial producers, and organizations 
representing industrial producers and consumers.



Sec. 101-29.102  Use of metric system of measurement in Federal product descriptions.

    In accordance with Public Law 94-168, 15 U.S.C. 205b, the 
Administrator of General Services shall develop procedures and plan for 
the increasing use of metric products by requiring Federal agencies to:
    (a) Maintain close liaison with other Federal agencies, State and 
local governments, and the private sector on metric matters, and
    (b) Review, prepare, and revise Federal standardization documents to 
eliminate barriers to the procurement of metric goods and services. 
These actions will occur during the overage document review or when the 
agency is informed by the private sector that metric products can be 
produced in a specific Federal supply classification class.

[49 FR 2774, Jan. 23, 1984]



                      Subpart 101-29.2--Definitions



Sec. 101-29.201  Specification.

    A specification is a document, prepared specifically to support 
acquisition that clearly and accurately describes the essential 
technical requirements for purchased material. Procedures necessary to 
determine whether these requirements have been met are also included.

[[Page 300]]



Sec. 101-29.202  Standard.

    A standard is a document that establishes engineering and technical 
requirements for items, processes, procedures, practices, and methods 
that have been adopted as customary. Standards may also establish 
requirements for selection, application, and design criteria so as to 
achieve the highest practical degree of uniformity in materials or 
products, or interchangeability of parts used within or on those 
products.



Sec. 101-29.203  Federal specification.

    A Federal specification is a specification, issued in the Federal 
series, that is mandatory for use by all Federal agencies. These 
documents are issued or controlled by the General Services 
Administration and are listed in the GSA ``Index of Federal 
Specifications, Standards and Commercial Item Descriptions.''



Sec. 101-29.204  Interim Federal specification.

    An interim Federal specification is a potential Federal 
specification issued in temporary form for optional use by all Federal 
agencies. Interim amendments to Federal Specifications and amendments to 
interim Federal specifications are included in this definition. These 
documents are issued or controlled by the General Services 
Administration and are listed in the GSA ``Index of Federal 
Specifications, Standards and Commercial Item Descriptions.''



Sec. 101-29.205  Federal standard.

    A Federal standard is a standard, issued in the Federal series, that 
is mandatory for use by all Federal agencies. These documents are issued 
or controlled by the General Services Administration and are listed in 
the GSA ``Index of Federal Specifications, Standards and Commercial Item 
Descriptions.''



Sec. 101-29.206  Interim Federal standard.

    An interim Federal standard is a potential Federal standard issued 
in temporary form for optional use by all Federal agencies. These 
documents are issued or controlled by the General Services 
Administration, primarily for use in the telecommunication functional 
area.



Sec. 101-29.207  Qualified products list (QPL).

    A qualified products list is a list of products that have met the 
qualification requirements stated in the applicable specification, 
including appropriate product identification and test or qualification 
reference number, with the name and plant address of the manufacturer 
and distributor, as applicable. Documents that contain QPL requirements 
are listed in the GSA ``Index of Federal Specifications, Standards and 
Commercial Item Descriptions.''



Sec. 101-29.208  Commercial item description (CID).

    A commercial item description is an indexed, simplified product 
description that describes by function or performance characteristics of 
available, acceptable commercial products that will satisfy the 
Government's needs. These documents are issued or controlled by the 
General Services Administration and are listed in the GSA ``Index of 
Federal Specifications, Standards and Commercial Item Descriptions.''



Sec. 101-29.209  Purchase description.

    A purchase description is any informal product description prepared 
for one-time use only or for small purchases when issuance of a formal 
product description is not cost effective.



Sec. 101-29.210  Product.

    The term product is any end item, either manufactured or produced, 
and also includes materials, parts, components, subassemblies, 
equipment, accessories, attachments, and services.



Sec. 101-29.211  Product description.

    A product description is a description of a product for acquisition 
and management purposes. Product descriptions include specifications, 
standards, commercial item descriptions, purchase descriptions, and 
brand-name purchase descriptions.

[[Page 301]]



Sec. 101-29.212  Tailoring.

    Tailoring is a process by which the individual requirements 
(sections, paragraphs or sentences) or product descriptions are 
evaluated to determine the extent to which each requirement is most 
suitable for a specific acquisition and the modification of these 
requirements, where necessary, to ensure that each document invoked 
achieves and optimal balance between operational needs and costs.



Sec. 101-29.213  Commercial product.

    A commercial product is any item, component, or system available 
from stock or regular production that is sold in substantial quantities 
to the general public at established catalog or market prices (for 
definition of terms, see FPR 1-3.807.1).



Sec. 101-29.214  Commercial-type product.

    A commercial-type product is defined as:
    (a) Any product similar to the commercial product but modified or 
altered in compliance with specified Government requirements and, as 
such is usually sold only to the Government and not through the normal 
catalog or retail outlets;
    (b) Any product similar to a commercial product that is either 
assembled or manufactured in accordance with specifically stated 
Government requirements and sold only to the Government and not to the 
general public; or
    (c) A commercial product identified or marked differently than the 
commercial product normally sold to the general public.



Sec. 101-29.215  Departmental specification or standard.

    A departmental specification or standard is a specification or 
standard prepared by, and of primary interest to, a particular Federal 
agency, but which may be used by other Federal agencies.



Sec. 101-29.216  Department of Defense Index of Specifications and Standards (DODISS).

    The Department of Defense Index of Specifications and Standards is a 
Department of Defense (DoD) publication of unclassified Federal and 
military specifications and standards, related standardization 
documents, and voluntary standards that are used by DoD.



Sec. 101-29.217  Military specification or standard.

    A military specification or standard is a specification or standard 
issued by the Department of Defense and listed in the DODISS.



Sec. 101-29.218  Voluntary standards.

    Voluntary standards are established generally by private sector 
bodies and available for use by any person or organization, private or 
governmental. The term includes what are commonly referred to as 
``industry standards'' as well as ``consensus standards,'' but does not 
include professional standards of personal conduct, institutional codes 
of ethics, private standards of individual firms, or standards mandated 
by law such as those contained in the United States Pharmacopeia as 
referenced in 21 U.S.C. 351.



Sec. 101-29.219  Index of Federal Specifications, Standards and Commercial Item Descriptions.

    The Index of Federal Specification, Standards and Commercial Item 
Descriptions is a GSA publication that lists Federal specifications, 
qualified products lists, standards, and commerical item descriptions.



Sec. 101-29.220  Market research and analysis.

    Market research and analysis is a process used to ascertain and 
analyze the range and quality of available commercial products to 
determine whether they meet user needs and to identify the market 
practices of firms engaged in producing, distributing, and supporting 
the products.



Sec. 101-29.221  Federal Specifications, Standards and Commercial Item Description Program (Federal Standardization Program).

    The Federal Specifications, Standards and Commercial Item 
Description Program is a standarization program developed under 
authority of the Federal Property and Administrative Services Act of 
1949, as amended (63 Stat. 377) in

[[Page 302]]

consonance with the Defense Cataloging and Standardization Act (Sections 
2451-2456, title 10, U.S.C. chapter 145), managed by the General 
Services Administration, for the purpose of coordinating civilian and 
military standardization functions to avoid unnecessary duplication. 
Within the program, procedures and controls govern the development, 
coordination, approval, issuance, indexing, management, and maintenance 
of product descriptions in the Federal series (Federal specifications, 
Federal standards, and CID's) that define commercial products and 
products that have high potential for common Federal agency use.



                   Subpart 101-29.3--Responsibilities



Sec. 101-29.301  General Services Administration.



Sec. 101-29.301-1  Policies and procedures.

    The Administrator of General Services is responsible for 
establishing policies and procedures, in coordination with the other 
agencies, for the preparation, coordination, approval, issuance, and 
maintenance of product descriptions in the Federal series of 
specifications, standards, and CID's.



Sec. 101-29.301-2  Federal Standardization Handbook.

    The Assistant Administrator for Federal Supply and Services will 
issue and maintain on a current basis a ``Federal Standardization 
Handbook.'' The Federal Standardization Handbook sets forth operating 
procedures and applicable definitions used in the development of Federal 
product descriptions under the Assigned Agency Plan described therein. 
Federal agencies shall adhere to the provisions of the handbook in the 
development and coordination of Federal product descriptions.



Sec. 101-29.301-3  Availability of Federal product descriptions.

    The Assistant Administrator for Federal Supply and Services will 
promulgate and maintain on a current basis the ``Index of Federal 
Specifications, Standards and Commercial Item Descriptions.'' The Index 
lists Federal product descriptions which have been printed and 
distributed, including those which are mandatory for use, and identifies 
the sources from which these documents may be obtained. Supplements to 
the Index indicate the dates on which the use of new Federal product 
descriptions become mandatory. The Department of Defense aslo lists 
Federal product descriptions in the ``Department of Defense Index of 
Specifications and Standards.''



Sec. 101-29.301-4  Periodic review of Federal product descriptions.

    The Assistant Administrator for Federal Supply and Services is 
responsible for establishing a program for periodically reviewing 
Federal product descriptions to determine whether revision, cancellation 
or reauthorization (validation) is appropriate. The frequency of the 
review shall be based on the degree of change in the technology of the 
product covered by the description and shall be conducted at least once 
every 5 years.



Sec. 101-29.302  Other Federal agencies.

    Heads of other Federal agencies are responsible for adhering to the 
policies and procedures established by GSA for management and control of 
Federal product descriptions and for the use of these documents in 
acquisition as applicable.



Sec. 101-29.303  All Federal executive agencies.

    (a) Federal executive agencies shall evaluate the effectiveness of 
their Federal product descriptions by:
    (1) Establishing a system for obtaining user critiques of products 
acquired using those descriptions; and
    (2) Establish a method whereby the preparing activity can locate and 
communicate with the users.
    (b) The system shall encourage users to communicate with acquisition 
organizations regarding:
    (1) The user's essential requirements;
    (2) Product suitability for use in the user's environment;
    (3) Product failures and deficiences;
    (4) The needs of the logistics system; and
    (5) Suggestions for corrective actions.

[[Page 303]]

    (c) Acquisition organizations shall designate a central point in 
each agency to evaluate and respond to user critiques and take 
corrective action on reasonable complaints and suggestions.
    (d) At the time of the periodic review, the responsible preparing 
activity shall consider available user evaluations, the results of 
market research and analysis, and all reported deviations from the 
product description. Information, such as the following shall be 
examined in the review process:
    (1) Whether the product description is still needed in its present 
form and scope or whether a more simplified one can be used;
    (2) The existence of voluntary standards or other Government product 
descriptions that may better reflect current requirements;
    (3) The need to convert Federal and agency specifications covering 
commercial or commercial-type products to CID's; and
    (4) The currency and applicability of reference documents included 
in the product description.



     Subpart 101-29.4--Mandatory Use of Federal Product Descriptions



Sec. 101-29.401  Federal product descriptions listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.

    (a) Federal product descriptions shall be used by all Federal 
agencies in the procurement of supplies and services covered by such 
descriptions, except as provided in Sec. 101-29.402 and Sec. 101-29.403.
    (b) The order of preference in selecting Federal product 
descriptions for acquisition shall be:
    (1) Any Federal product description adopting voluntary standards.
    (2) Commercial item descriptions.
    (3) Federal specifications and standards.



Sec. 101-29.402  Exceptions to mandatory use of Federal product descriptions.

    (a) Federal product descriptions do not need to be used under any of 
the following circumstances:
    (1) The purchase is required under a public exigency and a delay in 
obtaining agency requirements would be involved in using the applicable 
description.
    (2) The total amount of the purchase is less than $10,000. (Multiple 
small purchases of the same item shall not be made for the purpose of 
avoiding the intent of this exception. Further, this exception in no way 
affects the requirements for the procurement of items available from GSA 
supply distribution facilities, Federal Supply Schedule contracts, GSA 
procurement programs, and certain procurement sources other than GSA 
that have been assigned supply responsibility for Federal agencies as 
provided in subparts 101-26.3, Sec. 101-26.4, and Sec. 101-26.5).
    (3) The items are purchased in foreign markets for use of overseas 
activities of agencies.
    (4) The products are adequately described in voluntary standards or 
in standards mandated by law.
    (5) The acquisition involves a one-time procurement.
    (6) A Federal product description is not currently available and is 
not expected to be available within a reasonable time of the scheduled 
acquisition action.
    (7) The product is available only from a single source or is 
produced to a single manufacturer's design.
    (8) The product is unique to a single system.
    (9) The product (excluding military clothing) is acquired for 
authorized resale.
    (b) If the purchase involves the following, Federal product 
descriptions do not need to be used except to the extent they are 
applicable, in whole or in part:
    (1) Items required in construction of facilities for new processes 
or new installations of equipment;
    (2) Items required for experiment, test, or research and 
development; or
    (3) Spare parts, components, or material required for operation, 
repair, or maintenance of existing equipment.



Sec. 101-29.403  Federal product description exceptions and tailoring.



Sec. 101-29.403-1  Authorization of exceptions.

    When the exceptions listed in Sec. 101-29.402 do not apply and an 
applicable indexed product description is desired

[[Page 304]]

for use in procurement but does not meet an agency's essential needs, 
exceptions to the product description to effect procurement may be 
authorized as follows:
    (a) All exceptions to Federal telecommunications standards require 
prior approval by the Assistant Administrator for Information Resources 
Management, General Services Administration, Washington, DC 20405.
    (b) Preparing activities may designate specific product descriptions 
that require approval of exceptions by the preparing activity before 
use.
    (c) Exceptions to Federal product descriptions that do not require 
prior approval under paragraphs (a) and (b) of this section may be 
authorized by the acquiring agency if:
    (1) Justifications for exceptions are subject to review before 
authorization and that such justification can be fully substantiated if 
post audit is required;
    (2) Notification of exception or recommendation for change to the 
Federal product description is sent promptly to the preparing activity 
and the General Services Administration (FCO), Washington, DC 20406.

(A statement of the exception with a justification and, where 
applicable, recommendation for revision or amendment to the description)



Sec. 101-29.403-2  Agency responsibility relative to exceptions to Federal product descriptions.

    Each agency taking exceptions shall establish procedures whereby a 
designated official having substantial procurement responsibility shall 
be responsible for assuring that Federal product descriptions are used 
and provisions for exceptions are complied with.



Sec. 101-29.403-3  Tailoring of Federal product descriptions.

    Product descriptions prepared to define and impose performance 
characteristics, engineering disciplines, and manufacturing practices 
such as reliability, system safety, quality assurance, maintainability, 
configuration management, and the like shall be tailored in accordance 
with their specific application in acquisitions.



      Subpart 101-29.5--Use of and Optional Use of Federal Product 
              Descriptions and Agency Product Descriptions



Sec. 101-29.501  Optional use of interim Federal specifications.

    Interim Federal specifications are for optional use. All agencies 
are urged to make maximum use of them and to submit suggested changes to 
the preparing activity for consideration in further development of the 
specifications for promulgation as Federal specifications or commercial 
item descriptions. Interim revisions or interim amendments to Federal 
specifications are for optional use as valid exceptions to the Federal 
specifications so revised or amended and must, therefore, be 
specifically identified by symbol and date in the invitation for bids or 
request for proposal.



Sec. 101-29.502  Use of Federal specifications and interim Federal specifications in Federal construction contracts.

    When material, equipment, or services covered by an available 
Federal specification or interim Federal specification are specified in 
connection with Federal construction, the Federal specification or 
interim Federal specification shall be made part of the specification 
for the construction contract, subject to provisions in Secs. 101-
29.402, 101-29.403, and 101-29.501.



Sec. 101-29.503  Agency product descriptions.

    When a Federal product description is not available, existing agency 
product descriptions should be used by all agencies consistent with each 
agency's procedures for establishing priority for use of such 
descriptions.



PART 101-30--FEDERAL CATALOG SYSTEM--Table of Contents




Sec.
101-30.000  Scope of part.
101-30.001  Applicability.

                        Subpart 101-30.1--General

101-30.100  Scope of subpart.
101-30.101  Definitions.
101-30.101-1  Civil agency item.

[[Page 305]]

101-30.101-1a  Item of production.
101-30.101-2  Item of supply.
101-30.101-3  National stock number.
101-30.101-4  Federal item identification.
101-30.101-5  Cataloging.
101-30.101-6  Cataloging activity.
101-30.101-7  Federal Catalog System.
101-30.101-8  Conversion.
101-30.101-9  Item entry control.
101-30.101-10  GSA section of the Federal Supply Catalog.
101-30.101-11  Recorded data.
101-30.101-12  Item identification data.
101-30.101-13  Management data.
101-30.101-14  Maintenance action.
101-30.101-15  Data preparation.
101-30.101-16  Data transmission.
101-30.101-17  Supply support.
101-30.101-18  Supply support request.
101-30.102  Objectives.
101-30.103  Responsibilities.
101-30.103-1  General.
101-30.103-2  Agency responsibilities.

           Subpart 101-30.2--Cataloging Handbooks and Manuals

101-30.201  General.
101-30.202  Policies.

              Subpart 101-30.3--Cataloging Items of Supply

101-30.300  Scope of subpart.
101-30.301  Types of items to be cataloged.
101-30.302  Types of items excluded from cataloging.
101-30.303  Responsibility.
101-30.304  Application of item entry control.
101-30.305  Exemptions from the system.

           Subpart 101-30.4--Use of the Federal Catalog System

101-30.400  Scope of subpart.
101-30.401  Data available from the Federal Catalog System.
101-30.401-1  Publications providing Federal catalog data.
101-30.401-2  Automated catalog data output.
101-30.402  Conversion.
101-30.403  Utilization.
101-30.403-1  Reports of excess and surplus personal property.
101-30.403-2  Management codes.
101-30.404  Supply support.
101-30.404-1  Consolidation of supply support requests.

       Subpart 101-30.5--Maintenance of the Federal Catalog System

101-30.500  Scope of subpart.
101-30.501  Applicability.
101-30.502  [Reserved]
101-30.503  Maintenance actions required.
101-30.504  Cataloging data from Defense Logistics Services Center 
          (DLSC).
101-30.505  Assistance by Government suppliers.

       Subpart 101-30.6--GSA Section of the Federal Supply Catalog

101-30.600  Scope of subpart.
101-30.601  Objective.
101-30.602  Authority for issuance.
101-30.603  GSA Supply Catalog.
101-30.603-1  [Reserved]
101-30.603-2  GSA Supply Catalog.
101-30.603-3--101-30.603-4  [Reserved]
101-30.603-5  Change bulletins.
101-30.603-6  Special Notices.
101-30.604  Availability.

                Subpart 101-30.7--Item Reduction Program

101-30.700  Scope of subpart
101-30.701  Definitions.
101-30.701-1  Item reduction study.
101-30.701-2  Item standardization code.
101-30.701-3  Preparing activity.
101-30.701-4  Standardization relationship.
101-30.702  Determining item reduction potential.
101-30.703  Program objectives.
101-30.704  Agency responsibilities.
101-30.704-1  General Services Administration.
101-30.704-2  Other agencies.
101-30.705  GSA assistance.

Subparts 101-30.8--101-30.48  [Reserved]

                Subpart 101-30.49--Illustrations of Forms

101-30.4900  Scope of subpart.
101-30.4901  Standard forms.
101-30.4901-1303  Standard Form 1303, Request for Federal Cataloging/
          Supply Support Action.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).



Sec. 101-30.000  Scope of part.

    This part provides for a Federal Catalog System by which items of 
supply under Sec. 101-30.301 are uniformly named, described, classified, 
and assigned national stock numbers (NSN's) to aid in managing all 
logistical functions and operations from determination of requirements 
through disposal. This system provides a standard reference language or 
terminology to be used by personnel in managing these items of supply, a 
prerequisite for integrated item management under the Federal 
procurement system concept.

[46 FR 35644, July 10, 1981]

[[Page 306]]



Sec. 101-30.001  Applicability.

    The provisions of this part are applicable to all Federal agencies. 
However, they shall apply to the Department of Defense only when so 
specified within or by the subparts of this part.

[36 FR 20292, Oct. 20, 1971]



                        Subpart 101-30.1--General

    Source: 29 FR 16004, Dec. 1, 1964, unless otherwise noted.



Sec. 101-30.100  Scope of subpart.

    This subpart defines the objectives of the Federal Catalog System, 
and assigns responsibilities for its operation. The basic principles and 
procedures of the Federal Catalog System are contained in published 
cataloging handbooks and manuals described in subpart 101-30.2.



Sec. 101-30.101  Definitions.

    As used in this part 101-30, the following terms shall have the 
meanings set forth in this Sec. 101-30.101.



Sec. 101-30.101-1  Civil agency item.

    Civil agency item means an item of supply in the supply system of 
one or more civilian agencies, which is repetitively procured, stocked, 
or otherwise managed (includes direct delivery requirements as well as 
items stocked for issue).

[46 FR 35644, July 10, 1981]



Sec. 101-30.101-1a  Item of production.

    Item-of-production means those articles, equipment, materials, 
parts, pieces, or objects produced by a manufacturer which conform to 
the same engineering drawing, standard, or specification and receive the 
same quality control and inspection.

[46 FR 35644, July 10, 1981]



Sec. 101-30.101-2  Item of supply.

    Item of supply means an item of production that is purchased, 
cataloged, and assigned a national stock number by the Government. The 
item of supply is determined by the requirements of each Government 
agency's supply system. The item of supply concept differentiates one 
item from another item in the Federal Catalog System. Each item of 
supply is expressed in and fixed by a national item identification 
number. An item of supply may be:
    (a) A single item of production;
    (b) Two or more items of production that are functionally 
interchangeable;
    (c) A more precise quality controlled item than the regular item of 
production, or
    (d) A modification of a regular item of production.

[46 FR 35644, July 10, 1981]



Sec. 101-30.101-3  National stock number.

    The national stock number (NSN) is the identifying number assigned 
to each item of supply. The NSN consists of the 4-digit Federal Supply 
Classification (FSC) code and the 9-digit national item identification 
number (NIIN). The written, printed, or typed NSN configuration is 1234-
00-567-8901. The following terms are elements of the 13-digit national 
stock number:
    (a) Federal Supply Classification (FSC) is a 4-digit number which 
groups similar items into classes.
    (b) National Codification Bureau (NCB) code is a 2-digit number 
designating the central cataloging office of the NATO or other friendly 
country which assigned the national item identification number (NIIN) 
and is used as the first two digits of the NIIN.
    (c) National item identification number (NIIN) is a 9-digit number 
composed of the NCB code number (2-digits) followed by 7 other 
nonsignificant digits.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-4  Federal item identification.

    Federal item identification means the approved item identification 
for the item of supply, plus the national stock number assigned to that 
item identification. It consists of four basic elements: The name of the 
item, the identifying characteristics, the Federal Supply Classification 
code, and the national item identification number.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-5  Cataloging.

    Cataloging means the process of uniformly identifying, describing, 
classifying, numbering, and publishing

[[Page 307]]

in the Federal Catalog System all items of personal property (items of 
supply) repetitively procured, stored, issued, and/or used by Federal 
agencies.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-6  Cataloging activity.

    Cataloging activity means the activity of a Federal agency having 
responsibility for performing cataloging operations in identifying and 
describing items of supply in the Federal Catalog System.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-7  Federal Catalog System.

    Federal Catalog System means the single supply catalog system 
designed to uniformly identify, classify, name, describe, and number the 
items of personal property used by the Federal Government by providing 
only one classification, one name, one description, and one item 
identification number for each item of supply. It provides a standard 
reference language or terminology to be used by all persons engaged in 
the process of supply.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-8  Conversion.

    Conversion means the changeover from using existing supply 
classifications, stock numbers, names, and identification data to using 
those of the Federal Catalog System in all supply operations, from 
determination of requirements to final disposal.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-9  Item entry control.

    Item entry control means the functional responsibility of GSA/DOD 
cataloging to minimize the number of items in the supply system by: (a) 
Establishing controls that prevent unessential new items from entering 
the supply system; (b) promoting the development of standards and use of 
standard items; and (c) eliminating items having nonstandard 
characteristics, and isolating and recommending the use of duplicate or 
replacement items.

[46 FR 35645, July 10, 1981]



Sec. 101-30.101-10  GSA section of the Federal Supply Catalog.

    GSA section of the Federal Supply Catalog means a series of supply 
catalogs issued by GSA as an integral part of the Federal Supply 
Catalog. These catalogs indicate the source for obtaining supplies and 
services and contain ordering instructions and related supply management 
data.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-11  Recorded data.

    Recorded data means the data which are associated with a national 
stock number and are recorded on microfilm or magnetic computer tape at 
the Defense Logistics Center (DLSC), Battle Creek, MI 49016.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-12  Item identification data.

    Item identification data means recorded data which are used to 
differentiate an item from all other items. Item identification data are 
composed of data that describe the essential physical characteristics of 
the item and reference data that relate the item to other identifying 
media (such as manufacturers' part numbers, identified blueprints, 
suppliers' catalogs, or the like).

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-13  Management data.

    Management data means recorded data that relate an item to the 
individual agency's supply system for purposes of supply management as 
standardization, source of supply, or inventory control. Management data 
do not affect the identification of an item.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-14  Maintenance action.

    Maintenance action means any action taken after conversion to the 
Federal Catalog System which changes the previously reported 
identification or management data regarding a cataloged item.

[46 FR 35645, July 10, 1981]

[[Page 308]]



Sec. 101-30.101-15  Data preparation.

    Data preparation means the conversion of item identification and 
management data to the appropriate Automated Data Processing (ADP) 
format.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-16  Data transmission.

    Data transmission means the operation of telecommunication equipment 
for the receipt and transmission of item identification and management 
data.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-17  Supply support.

    Supply support means the functions performed by the supply manager 
to provide requesting (using) activities with a Government source and 
method of supply for an item; e.g., GSA stock program, Federal supply 
schedule program, GSA's buy-on-demand program, or GSA's authorizing an 
agency to purchase locally.

[43 FR 42257, Sept. 20, 1978]



Sec. 101-30.101-18  Supply support request.

    Supply support request means a request from an activity to a supply 
manager; e.g., a request to GSA to provide that activity with supply 
support for an item.

[43 FR 42257, Sept. 20, 1978]



Sec. 101-30.102  Objectives.

    The objectives of the Federal cataloging program are:
    (a) To provide for the maintenance of a uniform Federal supply 
catalog system and the conversion to and exclusive use of this system by 
all Federal agencies.
    (b) To name, describe, identify, classify, and number each item of 
personal property to be included in the Federal Catalog System so that 
the same items will have a single Federal item identification within and 
among the organizational elements of all Federal agencies.
    (c) To collect, maintain, and publish such Federal catalog data and 
related supply management data as may be determined necessary or 
desirable to reflect such benefits to supply management as:
    (1) Assistance in standardization of supplies and equipment;
    (2) Disclosure of interchangeability and substitutability of items;
    (3) Reduction in inventories of stock and increased rates of 
turnover;
    (4) Increase in vendor competition and broader sources of supply;
    (5) Provision of data for determining the most effective and 
economical method of item management on a Federal agency systemwide 
basis;
    (6) Enhance item entry control;
    (7) Facilitation of better interagency and intra-agency use of 
supplies, equipment, and excess stocks, and more exact identification of 
surplus personal property; and
    (8) Assistance in providing precise statistics for budget and 
financial accounting purposes.

[29 FR 16004, Dec. 1, 1964, as amended at 36 FR 20292, Oct. 20, 1971; 41 
FR 11308, Mar. 18, 1976]



Sec. 101-30.103  Responsibilities.



Sec. 101-30.103-1  General.

    (a) The provisions of section 206 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 487) authorize the 
Administrator of General Services to establish and maintain a uniform 
Federal Catalog System to identify and classify personal property under 
the control of Federal agencies. Under this law each Federal agency is 
required to utilize the uniform Federal Catalog System, except as the 
Administrator of General Services shall otherwise provide, taking into 
consideration efficiency, economy, and other interests of the 
Government.
    (b) The Defense Cataloging and Standardization Act (chapter 145, 
title 10, U.S. Code) authorizes the Secretary of Defense to develop a 
single supply catalog system for the Department of Defense.
    (c) Both laws require that the Administrator of General Services and 
the Secretary of Defense shall coordinate the cataloging activities of 
GSA and the Department of Defense to avoid unnecessary duplication.

[29 FR 16004, Dec. 1, 1964, as amended at 41 FR 11309, Mar. 18, 1976]

[[Page 309]]



Sec. 101-30.103-2  Agency responsibilities.

    (a) Each civil agency shall:
    (1) Participate in the preparation and maintenance of the civil 
agency portion of the Federal Catalog System and in the conversion to 
and utilization of this system, and
    (2) Comply with the policies, principles, rules, and procedures of 
the Federal Catalog System as prescribed in this part 101-30.
    (b) Adherence by the Department of Defense to the single supply 
catalog system developed for the military departments under chapter 145, 
title 10, U.S. Code, shall be deemed to constitute full coordination of 
cataloging activities with GSA.



           Subpart 101-30.2--Cataloging Handbooks and Manuals



Sec. 101-30.201  General.

    (a) This subpart describes the cataloging handbooks and manuals 
prepared by the Defense Logistics Agency, Department of Defense, in 
coordination with GSA.
    (b) The following basic cataloging handbooks and manuals are 
available for purchase from the Superintendent of Documents, Government 
Printing Office, Washington, DC 20402. The requirements of these 
publications shall be followed by all cataloging activities 
participating in the Federal Catalog System.
    (1) Federal Catalog System Policy Manual (DOD 4130.2-M). This hard 
copy manual prescribes the operating policies and instructions covering 
the maintenance of a uniform catalog system.
    (2) Defense Integrated Data Systems (DIDS) Procedures Manual (DOD 
4100.39-M). This hard copy manual prescribes the procedures covering the 
maintenance of a uniform catalog system.
    (3) Federal Supply Classification (Cataloging Publication H2 
Series). This microfiche publication includes the listings and indexes 
necessary for using the commodity classification system (grouping 
related items of supply) as prescribed by the Federal Catalog System 
Policy Manual.
    (4) Federal Supply Code for Manufacturers (Cataloging Publication H4 
Series). This microfiche publication includes a comprehensive listing of 
the names and addresses of manufacturers who have supplied or are 
currently supplying items of supply used by the Federal Government and 
the applicable 5-digit code assigned to each.
    (5) Federal Item Name Directory (FIND) for Cataloging (Cataloging 
Publication H6 Series). This microfiche publication includes names of 
supply items with definitions, item name codes, and other related data 
required to prepare item identifications for inclusion in the Federal 
Catalog System.

[29 FR 16004, Dec. 1, 1964, as amended at 42 FR 36254, July 14, 1977; 46 
FR 35645, July 10, 1981]



Sec. 101-30.202  Policies.

    The cataloging publications indicated in Sec. 101-30.201 provide a 
ready reference to the following operating policies and rules covering 
the uniform catalog system:
    (a) Identification. (1) Each civil agency shall ensure that each of 
its items authorized for cataloging is included and maintained in the 
Federal Catalog System as prescribed in the Federal Catalog System 
Policy Manual.
    (2) Each item of supply shall have applicable to it one, and only 
one, Federal item identification; each Federal item identification shall 
be applicable to one, and only one, item of supply.
    (b) Federal Supply Classification (FSC). (1) The Federal Supply 
Classification shall be used in supply management within the civil 
agencies.
    (2) Each item included in the Federal Catalog System shall be 
classified under the Federal Supply Classification and shall be assigned 
only one 4-digit class in accordance with the rules prescribed in the 
Federal Catalog System Policy Manual.
    (c) Numbering. (1) Each item of supply identified in the Federal 
Catalog System shall be assigned a national stock number which shall 
consist of the applicable 4-digit FSC class code and a 9-digit national 
item identification number.
    (2) The national stock number shall be the only stock number used in 
supply operations for items within the scope of the Federal Catalog 
System. The integrity of the national stock

[[Page 310]]

number shall always be maintained whenever it is employed in any 
operation or document. Supply management codes, or other management 
symbols, may be associated with, but never included as a part of the 
national stock number. These management codes or symbols shall always be 
separated from the national stock number in such a manner that the 
national stock number is clearly distinguishable.

[29 FR 16004, Dec. 1, 1964, as amended at 39 FR 37060, Oct. 17, 1974; 41 
FR 11309, Mar. 18, 1976]



              Subpart 101-30.3--Cataloging Items of Supply



Sec. 101-30.300  Scope of subpart.

    This subpart prescribes the types of items to be cataloged, the 
types of items to be excluded from the Federal Catalog System, the 
responsibilities for catalog data preparation and transmission to the 
Defense Logistics Services Center (DLSC), and the application of item 
entry control procedures upon request for cataloging action.

[42 FR 36255, July 14, 1977]



Sec. 101-30.301  Types of items to be cataloged.

    Items of personal property in the civil agency systems that are 
subject to repetitive procurement, storage, distribution and/or issue, 
and all locally purchased, centrally managed items will be named, 
described, identified, classified, and numbered (cataloged) in the 
Federal Catalog System. Other locally purchased items may be cataloged 
based upon civil agency requirements. The term ``repetitive'' will be 
construed to mean continual or recurring and applies to those items for 
which a need is deemed to exist within the appropriate civil agency.

[41 FR 11309, Mar. 18, 1976]



Sec. 101-30.302  Types of items excluded from cataloging.

    Items of personal property in the following categories are to be 
excluded from the Federal Catalog System except when an agency 
determines that Federal item identification data will be of value in its 
supply management operations:
    (a) Capital equipment items which are nonexpendable and are 
especially designed for a specific purpose, such as elevators or central 
air-conditioning system installations.
    (b) Items of personal property on which security classification is 
imposed.
    (c) Items procured on a one-time or infrequent basis for use in 
research and development, experimentation, construction, or testing and 
not subject to centralized item inventory management, reporting, or 
stock control.
    (d) Items procured in foreign markets for use in overseas activities 
of Federal agencies.
    (e) Printed forms.

[29 FR 16004, Dec. 1, 1964, as amended at 41 FR 11309, Mar. 18, 1976; 42 
FR 36255, July 14, 1977]



Sec. 101-30.303  Responsibility.

    Each agency shall ensure that each of its items to be cataloged is 
included and maintained in the Federal Catalog System.
    (a) Agencies with cataloging and data preparation and transmission 
capabilities, when authorized by GSA, shall submit data direct to the 
Defense Logistics Services Center (DLSC) in conformance with procedures 
set forth in the Defense Integrated Data System (DIDS) Procedures Manual 
(DOD 4100.39-M).
    (b) Agencies not having the capabilities cited in paragraph (a) of 
this section shall submit their request to the appropriate cataloging 
activity; i.e., GSA or VA, for the performance of all cataloging 
functions and/or the preparation of data for submission to DLSC. 
Cataloging requests to GSA or VA shall be prepared using Standard Form 
1303, Request for Federal Cataloging/Supply Support Action (illustrated 
at Sec. 101-30.4901-1303). EAM card formatted requests for volume add/
delete user actions may also be submitted. Instructions on the 
preparation of Standard Form 1303 and EAM card formatted requests and 
guidance in determining the appropriate cataloging activity designated 
to receive requests are in the GSA Handbook, Federal Catalog System-
Logistics Data (FPMR 101-30.3), issued by the Commissioner, Federal 
Supply Service.

[[Page 311]]

    (c) GSA will confer with civil agencies periodically to review and 
devise methods of submission according to their needs and capabilities.

[42 FR 36255, July 14, 1977, as amended at 46 FR 35645, July 10, 1981]



Sec. 101-30.304  Application of item entry control.

    In addition to the reviews attendant to the process of item 
identification and assignment of national stock numbers, proposed new 
items will be subjected to a technical review to associate them with 
items available through the GSA supply system. Where a similar item is 
available through the GSA supply system, the agency will be informed of 
the national stock number and a source of supply and will be requested 
to use that item. If the requesting agency considers the GSA item 
unacceptable because of technical differences, the requesting agency 
shall notify GSA of the technical differences between the alternate item 
and the requested item to allow for the assignment of a new national 
stock number to the requested item.

[46 FR 35645, July 10, 1981]



Sec. 101-30.305  Exemptions from the system.

    When an agency believes that the benefits of the Federal Catalog 
System may be realized without formal participation, a request for an 
exemption shall be submitted to the General Services Administration 
(FRI), Washington, DC 20406. After reviewing the request for an 
exemption, GSA will inform the requesting agency of the decision and 
will provide instructions for implementation. The request for an 
exemption shall include, but not be limited to, the following 
information:
    (a) Number of items repetitively procured, stored, distributed, or 
issued.
    (b) Number of items currently used having national stock numbers.
    (c) Identification system planned or in use other than the Federal 
catalog system.
    (d) Whether procurement is centralized.
    (e) Description of any catalogs published. If none, so state.
    (f) Whether supply support is received from another agency including 
the name of the agency and category of item involved; e.g., electronics.
    (g) Cost differential between submitting a request for cataloging 
action and identifying the item under the agency's current or planned 
system.

[43 FR 42257, Sept. 20, 1978, as amended at 46 FR 35645, July 10, 1981]



           Subpart 101-30.4--Use of the Federal Catalog System



Sec. 101-30.400  Scope of subpart.

    This subpart prescribes the policies and procedures governing the 
dissemination of Federal catalog data, the conversion to and use of the 
Federal catalog system by Federal agencies, and the requesting of supply 
support from Government supply managers.

[43 FR 42257, Sept. 20, 1978]



Sec. 101-30.401  Data available from the Federal Catalog System.

    Federal Catalog System data are available in publications of general 
interest to Government supply activities and in the form of automated 
output tailored to meet individual agency needs.

[42 FR 36255, July 14, 1977]



Sec. 101-30.401-1  Publications providing Federal catalog data.

    (a) Federal Catalog System publications contain selected data from 
the Defense Logistics Services Center (DLSC) files chosen, assembled, 
and formatted to meet recognized needs for information in support of 
assigned missions, functions, and related responsibilities. Most 
publications are produced in microfiche form; however, some are produced 
in hard copy form. The following publications are available:
    (1) Master cross-reference list. A microfiche publication which 
contains a master list of national stock numbers (NSN's) cross-
referenced to and from manufacturers' part numbers, specifications, or 
reference drawings. This publication is used to cross-relate reference 
numbers and stock numbers or to ascertain the manufacturer of an

[[Page 312]]

item when the reference number or the NSN is known.
    (2) Identification list (IL). A microfiche publication arranged by 
Federal supply class and containing descriptions of items in the DLSC 
file. The principal uses of the IL are to obtain or verify an NSN when 
only the characteristics of the item are known or descriptive data when 
the NSN is known, and to determine interchangeable or substitutable 
items.
    (3) Consolidated Management Listing. A microfiche publication which 
is a consolidated listing of NSN's and related supply management data of 
each integrated manager and military service. These data include 
Government source of supply, unit of issue, unit price, etc.
    (4) Federal item logistics data records (FILDR). A microfiche 
publication containing complete identification data in tabular format 
for all descriptive-type item identifications. The data are arranged in 
NSN sequence within Federal supply class. An FILDR is known in hard copy 
form as a DD-146 card which is furnished as an output to authorized 
receivers of Federal catalog data who cannot use other available output 
media.
    (5) Defense Logistics Agency (DLA) Federal Supply Catalog for Civil 
Agencies. This publication (available in hard copy only) includes NSN's 
for which DLA is the single source of supply for civil agencies. These 
NSN's may not necessarily have a DOD user recorded. The publication 
contains descriptive and management data for items not usually listed in 
the GSA catalog but which might be required by civil agencies.
    (b) Agencies may obtain without charge copies of the DLA Federal 
Supply Catalog for Civil Agencies, described in paragraph (a)(6) \1\ of 
this section by contacting the Defense Logistics Services Center, DLSC-
TP, Federal Center, Battle Creek, MI 49016. To obtain copies of the 
publications described in paragraphs (a) (1) through (5) of this 
section, agencies may submit a request in writing to the same address 
shown above, except that the applicable mail distribution code is DLSC-
AP. Information concerning the charges for the latter publications is 
available from DLSC-AP.
---------------------------------------------------------------------------

    \1\ At 46 FR 35645, July 10, 1981, paragraph (a)(6) of Sec. 101-
30.401-1 was removed.

[42 FR 36255, July 14, 1977, as amended at 46 FR 35645, July 10, 1981]



Sec. 101-30.401-2  Automated catalog data output.

    As a result of participation in the Federal catalog system, 
activities may receive data directly from DLSC tailored to their 
individual needs in support of their own supply management data system. 
The two basic categories of file maintenance are:
    (a) Simplified file maintenance (SFM). Subscribers to this category 
of file maintenance are provided replacement files (magnetic tape) 
semiannually containing selected technical and supply management data 
for those items on which they are a registered user. The subscriber will 
also receive a monthly maintenance update and cumulative monthly basic 
records from DLSC which may be used to maintain the simiannual basic 
file. Recipients of this form of file maintenance have latitude in 
selecting those items which meet the needs of their supply system from 
the categories of data available from the Federal Catalog System.
    (b) Regular file maintenance (RFM). This form of the file 
maintenance provides activities with data on a daily basis as 
transactions affect items upon which they are a registered user. It is 
used primarily by those activities which consider it essential to 
maintain file compatibility with the DLSC file at all times.

[42 FR 36255, July 14, 1977]



Sec. 101-30.402  Conversion.

    Following completion of cataloging action, GSA will establish a time 
period in which conversion to the Federal Catalog System shall be 
accomplished by all civil agencies. The terminal dates for conversion 
will be established after consultation with the civil agencies 
concerned.

[29 FR 16004, Dec. 1, 1964]



Sec. 101-30.403  Utilization.

    On and after the established date for completion of conversion, all 
interagency and intra-agency transactions

[[Page 313]]

involving item identifications, commodity classification, or stock 
numbers shall be in the terms of the Federal Catalog System.

[29 FR 16004, Dec. 1, 1964]



Sec. 101-30.403-1  Reports of excess and surplus personal property.

    For items of personal property which have been identified in the 
Federal Catalog System, national stock numbers and Federal item 
identifications, with such additional descriptive detail as is required, 
shall be utilized in reports and listings of excess and surplus personal 
property. The assignment of national stock numbers and Federal item 
identifications shall not be required for items of excess or surplus 
personal property which have not been identified in the Federal Catalog 
System.

[39 FR 37060, Oct. 17, 1974]



Sec. 101-30.403-2  Management codes.

    For internal use within an agency, alphabetic codes excluding 
letters ``I'' and ``O'' may be prefixed or suffixed to the national 
stock number as CM7520-00-123-4567 or 7520-00-123-4567CM, as required 
for supply management operations. Numeric codes shall not be affixed 
immediately adjacent to or as a part of the national stock number, nor 
shall codes be intermingled in the national stock number.

[41 FR 11309, Mar. 18, 1976]



Sec. 101-30.404  Supply support.

    Civilian agencies requiring supply support on an item of supply 
shall request this action by preparing Standard Form 1303, Request for 
Federal Cataloging/Supply Support Action (illustrated at Sec. 101-
30.4901-1303), and submitting the form to the General Services 
Administration (FRIS), Washington, DC 20406. All supply support request 
for nonperishable subsistence items in Federal Supply Group 89, 
subsistence (except condiment packets in FSC classes 8940 and 8950), 
shall be submitted to the Veterans Administration, Catalog Division 
(901S), Veterans Administration Supply Depot, P.O. Box 27, Hines IL 
60141. Guidance on the preparation of supply support requests is in the 
GSA Handbook, Federal Catalog System-Logistics Data (FPMR 101-30.3), 
issued by the Commissioner, Federal Supply Service.

[46 FR 55991, Nov. 13, 1981]



Sec. 101-30.404-1  Consolidation of supply support requests.

    Requests for supply support should be consolidated in one focal 
point within each agency or activity. On the basis of the total 
consolidated agency or activity requirement; i.e., annual demand, GSA 
can determine the most economical and efficient method of supply 
support.

[43 FR 42257, Sept. 20, 1978]



       Subpart 101-30.5--Maintenance of the Federal Catalog System



Sec. 101-30.500  Scope of subpart.

    This subpart prescribes the policies and procedures governing the 
maintenance of the Federal Catalog System.

[31 FR 11106, Aug. 20, 1966]



Sec. 101-30.501  Applicability.

    (a) The Administrator of General Services delegated authority to the 
Secretary of Defense to develop and maintain the Federal Catalog System. 
This delegation provided for the cataloging system to continue to 
provide for the identification and classification of personal property 
under the control of Federal agencies and to maintain uniform item 
management data required and suitable for interdepartment supply 
activities.
    (b) The Federal Catalog System Policy Manual (DOD 4130.2-M) and the 
Defense Integrated Data System (DIDS) Procedures Manual (DOD 4100.39-M) 
are equally applicable to all DOD and civilian agencies. The Federal 
Supply Service, GSA, and the Department of Defense share joint 
responsibility for the coordination of civilian agency cataloging to 
ensure the integrity of the system and the compatibility of civilian and 
military agency participation in the Federal Catalog System.

[46 FR 35646, July 10, 1981]

[[Page 314]]



Sec. 101-30.502  [Reserved]



Sec. 101-30.503  Maintenance actions required.

    After converting to the Federal Catalog System, the agency concerned 
shall promptly take maintenance actions affecting the items converted 
and new items to be added. These actions may include deletion or 
revision of item identification or management data, or any other change 
required to ensure that the recorded data are maintained on a current 
basis. Submission of data to DLSC shall be as follows:
    (a) As new items meeting criteria for national stock number (NSN) 
assignment are added to an agency's supply system, the agency shall 
submit data to GSA, the Defense Logistics Agency (DLA), the Veterans 
Administration (VA), or DLSC when a direct submitter of catalog data is 
involved in accordance with Sec. 101-30.303.
    (b) All civilian agencies not authorized to submit catalog data 
direct to DLSC shall prepare Standard Form 1303, Request for Federal 
Cataloging/Supply Support Action (illustrated at Sec. 101-30.4901-1303), 
to request maintenance action. Maintenance requests shall be submitted 
to GSA for collaboration and submission to DLSC, except that civilian 
agencies receiving supply support on an item from a DLA center or the 
VA, as expressed by major organizational entity (MOE) rule, should 
submit these requests to the DLA center using DD Form 1685, Data 
Exchange and/or Proposed Revision of Catalog Data, or to the VA using 
Standard Form 1303, for collaboration and submission to DLSC. When GSA 
receives maintenance requests on these items, they will be forwarded to 
the appropriate DLA center or to the VA.
    (c) Agencies authorizd to submit catalog data direct to DLSC as 
provided in Sec. 101-30.303(a) shall comply with item maintenance and 
data collaboration procedures as set forth in the Defense Integrated 
Data System (DIDS) Procedures Manual (DOD 4100.39M).
    (d) All civilain agencies not authorized to submit catalog data to 
DLSC shall use Standard Form 1303, Request for Federal Cataloging/Supply 
Support Action, to request maintenance action. Proposed maintenance 
requests shall be submitted to GSA for collaboration and submission to 
DLSC, except that civilian agencies receiving supply support from DLA 
supply centers, as expressed in the DLSC user record by major 
organizational entity (MOE) rule, should submit proposed maintenance 
requests to the appropriate DLA supply center for collaboration and 
submission to DLSC. When GSA receives maintenance requests for these 
items, they will be referred to the appropriate DLA supply center.
    (e) Any civilian agency participating in the Federal Catalog System 
(those agencies previously assigned a Cataloging Activity Code) may 
propose action for maintenance of the catalog system tools as outline in 
Sec. 101-30.201(b).

[41 FR 11310, Mar. 18, 1976, as amended at 42 FR 36255, July 14, 1977; 
43 FR 18673, May 2, 1978; 46 FR 35646, July 10, 1981]



Sec. 101-30.504  Cataloging data from Defense Logistics Services Center (DLSC).

    Upon receipt of cataloging data from civil agencies, DLSC will 
process the data and provide for their inclusion in the Federal Catalog 
System. Notification to the submitting and originating agencies of the 
action taken by DLSC will be as required in the Federal Catalog System 
Policy Manual (DOD 4130.2-M) and will be accomplished by means of 
electric accounting machine cards, magnetic tape, or wire transmission, 
according to the capabilities of those agencies. DLSC will send this 
information to the agencies that are designated by GSA as direct data 
receivers. Otherwise, DLSC will transmit the information to the 
submitting agency to be forwarded to the originating agency, when 
required.

[42 FR 36256, July 14, 1977]



Sec. 101-30.505  Assistance by Government suppliers.

    When a new item is to be introduced into an agency supply system, 
the agency establishing the need for the new item shall determine 
whether or not adequate identification data for cataloging the item are 
available. If the data are not available, the agency may specify in 
procurement documents

[[Page 315]]

the use of Federal Standard No. 5, Standard Guides for Preparation of 
Proposed Item Logistics Data Records, and submission of the cataloging 
data required by that standard to the contracting officer (for further 
processing in accordance with this subpart 101-30.5).

[41 FR 11310, Mar. 18, 1976]



       Subpart 101-30.6--GSA Section of the Federal Supply Catalog



Sec. 101-30.600  Scope of subpart.

    This subpart describes that section of the Federal Supply Catalog 
issued by GSA and authorizes its issuance by the Commissioner, Federal 
Supply Service.

[35 FR 3071, Feb. 17, 1970]



Sec. 101-30.601  Objective.

    GSA supply catalogs are primarily designed to aid in the acquisition 
of GSA centrally managed, stocked, and issued items available from GSA 
supply facilities by Federal civilian agencies and other organizations 
authorized to use the GSA Federal Supply Service (FSS) stock program as 
a source of supply. GSA also provides information relative to other FSS 
sales programs and GSA services.

[46 FR 35646, July 10, 1981]



Sec. 101-30.602  Authority for issuance.

    The GSA section of the Federal Supply Catalog is issued as an 
integral part of the Federal Supply Catalog and the Federal Catalog 
System as prescribed in subpart 101-30.1. The Commissioner, Federal 
Supply Service, is authorized to publish catalogs for those items and 
programs for which GSA furnishes supply support to Federal agencies.

[35 FR 3071, Feb. 17, 1970]



Sec. 101-30.603  GSA Supply Catalog.

    (a) The GSA Supply Catalog is an illustrated catalog, published 
annually, which serves as the primary source to identify and order 
centrally managed, stocked, and issued items available from GSA supply 
facilities. The catalog also provides information concerning other 
Federal Supply Service programs and GSA services.
    (b) The GSA Supply Catalog contains all necessary information for 
ordering from the GSA Federal Supply Service stock program and basic 
information, such as:
    (1) Alphabetical Index. This index is organized alphabetically by 
approved item names under the basic noun name in inverted word sequence, 
(i.e. sofa, sleeper) with reference to the page that contains the 
pertinent item description.
    (2) Item Descriptions/Ordering Data. Item descriptions are listed by 
commodity groups in this section. Included also are descriptive and 
ordering data with representative illustrations for selected common-use 
items that are centrally managed, stocked, and issued from GSA supply 
facilities.
    (3) National Stock Number Index. This NSN sequenced index lists 
items that are centrally managed, stocked, and issued from GSA supply 
facilities.
    (4) Narrative. The narrative includes comprehensive detailed 
information to use and understand the GSA Federal Supply Service stock 
program.
    (5) Other Federal Supply Service sales programs and GSA services. 
This section provides to user agencies pertinent information regarding 
the use and understanding of the GSA Federal Supply Service stock 
program, sales program, and other GSA services.
    (c) Changes to the GSA Supply Catalog are effected by change 
bulletins issued during April, July, and October. These are cumulative 
publications that contain information pertaining to new items, changes 
to supply management data, and deleted items.
    (d) Special Notice to Ordering Office is issued on a nonscheduled 
basis as required by the Commissioner, FSS, to inform agencies of 
significant program changes to the GSA Supply Catalog.

[46 FR 35646, July 10, 1981]



Sec. 101-30.603-1  [Reserved]



Sec. 101-30.603-2  GSA Supply Catalog.

    The GSA Supply Catalog, published annually and updated quarterly, is 
an illustrated publication which serves as the primary source for 
identifying items and services available through the following GSA 
supply sources:
    (a) GSA supply distribution facilities;

[[Page 316]]

    (b) Federal Supply Schedules; and
    (c) Term Contract Program.

[39 FR 37060, Oct. 17, 1974]



Secs. 101-30.603-3--101-30.603-4  [Reserved]



Sec. 101-30.603-5  Change bulletins.

    Changes to the GSA Supply Catalog are effected by quarterly 
cumulative publications entitled ``Change Bulletin to the GSA Supply 
Catalog.'' These change bulletins will serve as the media to notify 
agencies of additions, deletions, and other pertinent changes occurring 
between the annual publication of the GSA Supply Catalog.

[38 FR 28568, Oct. 15, 1973]



Sec. 101-30.603-6  Special Notices.

    Special Notices will be issued on a nonschedule basis to advise 
agencies of program changes, general information, or additions, 
deletions, and other pertinent changes to the GSA Supply Catalog.

[38 FR 28568, Oct. 15, 1973]



Sec. 101-30.604  Availability.

    Agencies that require current copies of and desire to be placed on 
distribution lists to receive Federal supply catalogs and related 
publications shall complete GSA Form 457, FSS Publications Mailing List 
Application (illustrated at Sec. 101-26.4902-457), and forward the 
completed GSA Form 457 to General Services Administration (8BRC), 
Centralized Mailing Lists Services, Building 41, Denver Federal Center, 
Denver, CO 80225. Copies of GSA Form 457 may also be obtained from the 
above address. Periodically, the Centralized Mailing Lists Services will 
request information from agency offices for use in maintaining current 
distribution lists.

[46 FR 35646, July 10, 1981]



                Subpart 101-30.7--Item Reduction Program

    Source: 43 FR 4999, Feb. 7, 1978, unless otherwise noted.



Sec. 101-30.700  Scope of subpart.

    This subpart defines the objectives of the item reduction program 
and assigns responsibilities for its operation. Procedures implementing 
the policy set forth herein are contained in the GSA Handbook, Item 
Elimination (FPMR 101-30.7), issued by the Commissioner, Federal Supply 
Service.



Sec. 101-30.701  Definitions.

    As used in this subpart 101-30.7, the following terms shall have the 
meanings set forth in this Sec. 101-30.701.



Sec. 101-30.701-1  Item reduction study.

    Item reduction study means the study of a group of generally similar 
items which are subject to evaluation by physical and performance 
characteristics. This evaluation process identifies items determined to 
be unnecessarily similar or uneconomical for Government use and which 
will be considered for removal from Government supply systems. For items 
so identified, a replacement item shall be proposed. The result of item 
reduction studies will indicate items which are authorized for 
procurement or not authorized for procurement.



Sec. 101-30.701-2  Item standardization code.

    Item standardization code (ISC) means a code assigned an item in the 
supply system which identifies the item as authorized for procurement or 
not authorized for procurement.



Sec. 101-30.701-3  Preparing activity.

    Preparing activity means a Government agency responsible for the 
preparation of item reduction studies, or an activity authorized by the 
listed agencies to conduct an item reduction study. The DOD 
Standardization Directory SD-1 provides such a listing.



Sec. 101-30.701-4  Standardization relationship.

    Standardization relationship means the relationship between the 
replaced item and the replacement item. The replaced item will contain 
an item standardization code designating the item as not authorized for 
procurement and therefore must have a replacement

[[Page 317]]

item. The relationship of the two items is displayed within the item 
reduction study by item standardization codes and, upon approval of the 
study, in the Federal catalog system data base at the Defense Logistics 
Services Center (DLSC).



Sec. 101-30.702  Determining item reduction potential.

    Item reduction studies are required where there are large numbers of 
generally similar items which are subject to grouping and examination by 
item name, item name modifiers, or other characteristics such as sizes, 
grades, lengths, and materials. Before conducting a full scale item 
reduction study, the assignee activity shall determine whether 
sufficient item reduction potential appears to exist. Item reduction 
studies shall be undertaken only when the expected benefits outweigh the 
costs of performing the study.



Sec. 101-30.703  Program objectives.

    The objective of the item reduction program is to reduce the 
varieties and sizes of similar items in the Government supply system by:
    (a) Implementing a coordinated item reduction process among supply 
managers of using activities;
    (b) Standardizing items of supply used by the Government;
    (c) Ensuring that all participants in item reduction studies give 
priority to controlling and completing item reduction studies;
    (d) Promptly recording decisions in the Federal catalog system data 
base; and
    (e) Phasing out of the Government supply system those items 
identified in item reduction studies as not authorized for procurement 
to reduce cataloging, supply management, and warehousing costs; then 
following through to eliminate the items from agency catalog systems.

[43 FR 4999, Feb. 7, 1978, as amended at 46 FR 35646, July 10, 1981]



Sec. 101-30.704  Agency responsibilities.



Sec. 101-30.704-1  General Services Administration.

    (a) The General Services Administration (GSA) will develop or 
authorize other Government agencies to develop item reduction studies on 
items within the Federal supply classification (FSC) classes for which 
GSA is the integrated material manager.
    (b) GSA, as the civil agency coordinating activity for item 
reduction studies originated by both GSA and DOD, will:
    (1) Distribute proposed item reduction studies, as appropriate, to 
all civil agencies recorded as users of the item in the DLSC data base. 
This distribution will be made by coordination letters in which a time 
frame for a response will be specified. GSA will interpret each 
nonresponse to a proposed study to mean that the activity concurs with 
the study. Extensions, when requested by an agency, normally will be 
granted by GSA.
    (2) Respond to questions concerning proposed item reduction studies.
    (3) Prepare a consolidated civil agency position paper (including 
comments and nonconcurrences) relative to each study upon receipt of 
user responses.
    (4) Incorporate civil agency positions into proposed item reduction 
studies prepared by GSA or forward a consolidated civil agency position 
paper to appropriate preparing activities.
    (5) Resolve controversies arising from proposed item reduction study 
recommendations.
    (6) Review approved item reduction studies to ensure that 
concurrences and nonconcurrences from all civil agencies are accurately 
reflected.
    (7) Register into the Federal catalog system, data base approved 
item reduction decisions concerning items within the FSC classes which 
are managed by GSA.
    (8) Implement decisions documented in approved item reduction 
studies within the GSA supply system.

[[Page 318]]

    (9) Distribute approved item reduction studies to all recorded civil 
agency users. All civil agencies (except direct submitters of catalog 
data to DLSC) will also be forwarded covering letters which will request 
specific information relative to implementing the studies; i.e., 
inventory levels of items coded ISC 3. Activities not responding within 
the time frame specified (60 calendar days) will receive a followup 
notice before being automatically withdrawn as users of all items coded 
as not authorized for procurement.

[43 FR 4999, Feb. 7, 1978, as amended at 46 FR 35646, July 10, 1981]



Sec. 101-30.704-2  Other agencies.

    Civil agencies participating in the Federal Catalog System shall:
    (a) Conduct a review of the items included in the proposed study by 
the preparing activity with respect to the ISC to determine the impact 
the assigned code may have on the agency's supply system.
    (b) Prepare and submit written comments on the proposed study to GSA 
within the time frame specified in the GSA coordination letter, concur 
with the study, or nonconcur on specific proposed standardization 
relationships. If comments cannot be prepared and submitted within the 
time frame specified, an extension shall be requested from GSA.
    (c) Review the approved item reduction study and notify GSA in 
writing if the activity is to be retained or deleted as a user of any 
item coded as ``not authorized for procurement.'' This notification will 
allow the preparer of the study to complete coordination of the study 
and update the DLSC Total Item Record (TIR).
    (d) Implement within the agency those item reduction decisions 
resulting from the study.
    (e) Request, as appropriate, the retention of a nonstandard item in 
their supply system by forwarding a letter to General Services 
Administration (FRIS), Washington, DC 20406. The request shall include 
but not be limited to the following information:
    (1) The specific end-use of end-item application;
    (2) A technical explanation comparing the physical and functional 
characteristics of the nonstandard item with each authorized-for-
procurement item;
    (3) The duration of the requirement for the item or how long the 
end-item will be retained in the agency's supply system; and
    (4) Economic considerations from a technical standpoint. GSA will 
evaluate the request and inform the agency of its acceptance or 
rejection.

[43 FR 4999, Feb. 7, 1978, as amended at 46 FR 35647, July 10, 1981]



Sec. 101-30.705  GSA assistance.

    Activities requiring assistance in fulfilling their responsibilities 
under the program shall contact the General Services Administration 
(FRI), Washington, DC 20406.

[46 FR 35647, July 10, 1981]

Subparts 101-30.8--101-30.48 [Reserved]



                Subpart 101-30.49--Illustrations of Forms



Sec. 101-30.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other subparts of this part 
101-30.

[31 FR 11107, Aug. 20, 1966]



Sec. 101-30.4901  Standard forms.

    (a) Standard forms are illustrated in this Sec. 101-30.4901 to show 
their text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this Sec. 101-30.4901 correspond 
with the Standard form numbers.
    (b) Standard forms illustrated in this Sec. 101-30.4901 may be 
obtained by submitting a requisition in FEDSTRIP format to the GSA 
regional office providing support to the requesting activity.

[43 FR 18674, May 2, 1978]

[[Page 319]]



Sec. 101-30.4901-1303  Standard Form 1303, Request for Federal Cataloging/Supply Support Action.

    Note: The form illustrated in Sec. 101-30.4901-1303 is filed with 
the original document and does not appear in the Federal Register.

[43 FR 18674, May 2, 1978]



PART 101-31--INSPECTION AND QUALITY CONTROL--Table of Contents




Sec.
101-31.000  Scope of part.

Subpart 101-31.1  [Reserved]

   Subpart 101-31.2--Private Inspection, Testing, and Grading Services

101-31.200  Cross-reference to the Federal Acquisition Regulation (FAR) 
          (48 CFR chapter 1, parts 1-99).

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 29 FR 13257, Sept. 24, 1964, unless otherwise noted.



Sec. 101-31.000  Scope of part.

    This part prescribes policy, guidelines, and procedures related to 
inspection, testing, and grading of supplies or services.

Subpart 101-31.1  [Reserved]



   Subpart 101-31.2--Private Inspection, Testing, and Grading Services



Sec. 101-31.200  Cross-reference to the Federal Acquisition Regulation (FAR) (48 CFR chapter 1, parts 1-99).

    For guidance see Federal Acquisition Regulation (e.g., Subpart 7.5, 
and parts 37 and 46) (48 CFR Subpart 7.5, and parts 37 and 46).

[64 FR 34734, June 29, 1999]

                         PART 101-32  [RESERVED]



PART 101-33--PUBLIC UTILITIES--Table of Contents




Sec.
101-33.000  Scope of part.

                  Subpart 101-33.0--General Provisions

101-33.001  Definitions.
101-33.002  Applicability.
101-33.003  Submission of information.

   Subpart 101-33.1--Utilization and Conservation of Utility Services

101-33.101  Surveys and recommendations.
101-33.102  Advice and assistance.

   Subpart 101-33.2--Negotiation and Representation Involving Utility 
                                Services

101-33.201  Negotiations with utility suppliers.
101-33.202  Proceedings before regulatory bodies.

                    Subpart 101-33.3--Capital Credits

101-33.301  General.
101-33.302  Definitions.
101-33.302-1  Capital credits.
101-33.302-2  REA-financed cooperative.
101-33.303  Responsibility for handling capital credit notifications.
101-33.304  Disposition of capital credit retirements.
101-33.305  Cost-reimbursement type con-tracts.
101-33.306  Other provisions.

Subparts 101-33.4--101-33.48  [Reserved]

Subpart 101-33.49--Forms and Reports  [Reserved]

    Authority: 40 U.S.C. 486(c).

    Source: 29 FR 13258, Sept. 24, 1964, unless otherwise noted. 
Redesignated at 43 FR 27191, June 23, 1978.



Sec. 101-33.000  Scope of part.

    (a) This part prescribes policies and methods governing the 
economical and efficient management of public utility services by 
executive agencies within the United States and its insular possessions.
    (b) For more information on the management of public utility 
services, see 41 CFR parts 102-71 through 102-82. To the extent that any 
policy statements in this part are inconsistent with the policy 
statements in 41 CFR parts 102-71 through 102-82, the policy statements 
in 41 CFR parts 102-71 through 102-82 are controlling.

[29 FR 13258, Sept. 24, 1964. Redesignated at 43 FR 27191, June 23, 
1978, as amended at 66 FR 5359, Jan. 18, 2001]

[[Page 320]]



                  Subpart 101-33.0--General Provisions



Sec. 101-33.001  Definitions.

    As used in this part:
    (a) Public utility services includes without limitation all utility 
services (except telecommunications services), such as electricity, gas, 
steam, water, and sewerage procured from a public utility supplier, and 
facilities for the supply of such services.
    (b) Other terms which are defined in the Federal Property and 
Administrative Services Act of 1949, 63 Stat. 377, as amended, 
hereinafter sometimes referred to as the ``Property Act,'' shall have 
the meanings given to them in such Act.



Sec. 101-33.002  Applicability.

    The provisions of this part 101-33 apply to all Federal agencies to 
the extent specified in the Property Act, or other law, except in those 
instances where specific exemptions are approved by GSA, and except as 
hereinafter provided:
    (a) The ``Statement of Areas of Understanding between the Department 
of Defense and the General Services Administration in the Matter of 
Procurement of Utility Services,'' as amended (15 FR 8227 and 22 FR 
871), shall govern the applicability of this part 101-33 to the 
Department of Defense.
    (b) The provisions of this part 101-33 do not apply to the 
production, distribution, or sale of utility services by a Federal 
Agency.
    (c) GSA will, upon request, furnish the services provided for in 
this part 101-33 to any other Federal agency, mixed-ownership 
corporation, the District of Columbia, the Senate, the House of 
Representatives, and the Architect of the Capitol and any activity under 
his direction.
    (d) The provisions of this part 101-33 do not apply to the 
procurement of natural gas from source suppliers; i.e., suppliers other 
than a local public utility. Procurement of natural gas from source 
suppliers is covered in Sec. 101-26.602-5.

[29 FR 13258, Sept. 24, 1964. Redesignated at 43 FR 27191, June 23, 
1978, and amended at 57 FR 21895, May 26, 1992]



Sec. 101-33.003  Submission of information.

    All information required under this part 101-33, except where 
otherwise specified, shall be addressed to the General Services 
Administration, Public Buildings Service, Public Utilities Division 
(PPU), Washington, DC 20405.

[57 FR 21896, May 26, 1992]



   Subpart 101-33.1--Utilization and Conservation of Utility Services



Sec. 101-33.101  Surveys and recommendations.

    GSA, in coordination with the agency involved, will from time to 
time survey executive agency requirements for, and utilization and 
conservation of, utility services and facilities and, with due regard to 
the program activities of the agency involved, will make such 
recommendations for improvements as may be deemed advantageous to the 
Government in terms of economy, efficiency, or service. Executive 
agencies shall carry out such recommendations.



Sec. 101-33.102  Advice and assistance.

    GSA, upon request of the agency involved, will provide advice and 
assistance to executive agencies regarding utilization and conservation 
of utility services and facilities.



   Subpart 101-33.2--Negotiation and Representation Involving Utility 
                                Services



Sec. 101-33.201  Negotiations with utility suppliers.

    GSA, in behalf of executive agencies as utility consumers, will 
conduct negotiations with utility suppliers; and, where prior 
negotiation has failed or is not feasible and where circumstances 
warrant, will institute such formal or informal action, as may be deemed 
advisable, before Federal and State regulatory bodies to contest the 
level, structure, or applicability of rates or service terms of utility 
suppliers.



Sec. 101-33.202  Proceedings before regulatory bodies.

    Pursuant to the provisions of section 201(a)(4) of the Property Act, 
executive

[[Page 321]]

agencies shall refer to GSA for consideration, all complaints and 
petitions involving public utility rates or services proposed to be 
brought before Federal and State regulatory bodies. Executive agencies 
seeking intervention authority shall submit their requests to GSA in 
writing. GSA will determine whether it will handle the proceedings, in 
cooperation with other interested agencies, or delegate the handling of 
the proceeding to the referring agencies, depending on which course of 
action is deemed to be in the best interest of the Government. Agencies 
delegated intervention authority shall be responsible for representing 
the interests of all Federal executive agencies in the utility's service 
jurisdiction, and shall give a diligent effort to identify those 
interests. To the extent that there is a divergence of interest between 
the agency receiving the delegation and other agencies served by the 
utility, the delegated agency shall promptly notify GSA of the 
situation. After completion of a case, the delegated agency shall 
provide a report that describes the results of the intervention effort; 
the report will include a copy of the Public Utility Commission's 
decision, a summary of the rates requested and approved by the 
Commission, an estimate of the impact on Federal executive agencies, and 
a discussion of the central issues of the case. The final report shall 
be provided to GSA within 90 days of the issuance of the Commission's 
decision.

[56 FR 21311, May 8, 1991]



                    Subpart 101-33.3--Capital Credits

    Source: 36 FR 13687, July 23, 1971, unless otherwise noted. 
Redesignated at 43 FR 27191, June 23, 1978.



Sec. 101-33.301  General.

    Some Federal agencies procure public utility services from Rural 
Electrification Administration (REA)-financed cooperatives. Since REA-
financed cooperatives are nonprofit organizations, any amount paid by 
participating agencies (also referred to as patrons) in excess of cost 
of services (usually referred to as operating margins) is treated as 
capital furnished by such patrons. Operating margins are determined 
annually on a patronage basis and credited to a capital account for each 
patron. The cooperative returns the share of the net income credited to 
agencies on a revolving basis by cash payments or deductions in current 
service bills when the cooperative's board of directors determines that 
such a retirement will not impair the cooperative's financial condition.



Sec. 101-33.302  Definitions.

    As used in this subpart 101-33.3, the following terms shall have the 
meanings stated below.



Sec. 101-33.302-1  Capital credits.

    Capital credits are patronage dividends derived from amounts paid by 
patrons in excess of cost of services. Agencies are informed of their 
share of the capital credit, if any, by written notices of allocation 
issued by REA-financed cooperatives.



Sec. 101-33.302-2  REA-financed cooperative.

    An REA-financed cooperative is a nonprofit organization that 
furnishes electric or telephone services to customers, including Federal 
agencies.



Sec. 101-33.303  Responsibility for handling capital credit notifications.

    Contracting and procurement officers and other employees of Federal 
agencies shall forward promptly any capital credit notifications to 
their finance officer or other accountable official. The accountable 
official shall retain the notification in the official files of the 
agency.



Sec. 101-33.304  Disposition of capital credit retirements.

    When capital credits are (a) settled by payment to the Government or 
(b) offset on billings to the Government, the amount received shall be 
deposited in the Department of the Treasury as miscellaneous receipts, 
or treated as a cost reduction, as appropriate.

[[Page 322]]



Sec. 101-33.305  Cost-reimbursement type contracts.

    Federal agencies having cost-reimbursement type contracts with 
contractors who purchase electric or telephone service from cooperatives 
shall include in their contracts arrangements for handling capital 
credits. The applicable portion of any capital credit retirement 
relating to any allowable cost received by or accruing to a cost-
reimbursement type contractor shall be credited to the Government either 
as a cost reduction or by cash refund, as appropriate. (See Sec. 1-
15.201-5.)



Sec. 101-33.306  Other provisions.

    (a) Capital credits shall not be waived by contract or in any other 
way.
    (b) The right to any capital credit is not lost by reason of 
subsequent discontinuance of service.

Subparts 101-33.4--101-33.48  [Reserved]

Subpart 101-33.49--Forms and Reports  [Reserved]

                         PART 101-34  [RESERVED]

       Appendix to Subchapter E--Temporary Regulations  [Reserved]

[[Page 323]]





    SUBCHAPTER F--MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES



    Effective Date Note: At 61 FR 41003, Aug. 7, 1996, subchapter F, 
consisting of part 101-35, was added, effective Aug. 8, 1996 through 
Aug. 8, 1998. At 63 FR 27682, May 20, 1998, the effective date was 
extended through Aug. 8, 1999. At 64 FR 38588, July 19, 1999, the 
effective date was further extended through Aug. 8, 2000. At 65 FR 
48393, Aug. 8, 2000, the effective date was further extended through 
Aug. 8, 2001.



PART 101-35--TELECOMMUNICATIONS MANAGEMENT POLICY--Table of Contents




                  Subpart 101-35.0--General Provisions

Sec.
101-35.0  Scope of part.
101-35.1--101-35.4  [Reserved]
101-35.5  Definitions.

          Subpart 101-35.1--Use of Government Telephone Systems

101-35.100  Scope of subpart.

  Subpart 101-35.2--Authorized Use of Long Distance Telephone Services

101-35.200  Scope of subpart.
101-35.201  Authorized use of long distance telephone services.
101-35.202  Collection for unauthorized use.

        Subpart 101-35.3--The Mandatory FTS Long Distance Network

101-35.300  Scope of subpart.
101-35.301  The mandatory FTS long distance network.
101-35.301-1  General.
101-35.301-2  Policies.
101-35.301-3  Procedures.

     Subpart 101-35.4--Consolidated Local Telecommunications Service

101-35.400  Scope of subpart.
101-35.401  General.
101-35.402  Policies.

  Subpart 101-35.5--National Security and Emergency Preparedness (NSEP)

101-35.500  Scope of subpart.
101-35.501  General.
101-35.502  Policy.
101-35.503  Procedures.

 Subpart 101-35.6--Delegation of GSA's Multiyear Contracting Authority 
                    for Telecommunications Resources

101-35.600  Scope of subpart.
101-35.601  General.

             Subpart 101-35.7--Network Address Registration

101-35.705  What does this subpart contain?
101-35.710  What registration services are available through GSA?
101-35.715  Who should I contact for more information or to register?
101-35.720  Is there a fee for these services?
101-35.725  How and where do I pay these fees?

    Authority: 40 U.S.C. 486(c) and 1424(b). Subpart 101-35.7 also 
issued under authority of 31 U.S.C. 9701.

    Source: 61 FR 41003, Aug. 7, 1996, unless otherwise noted.



                  Subpart 101-35.0--General Provisions



Sec. 101-35.0  Scope of part.

    This part prescribes policies and procedures about 
telecommunications resources.



Secs. 101-35.1--101-35.4  [Reserved]



Sec. 101-35.5  Definitions.

    Consolidated local telecommunication service means local 
telecommunications service to all Federal agencies located in a 
building, complex, or geographical area.
    Executive agency means any executive department or independent 
establishment in the executive branch of the Government, including any 
wholly owned Government corporation (see 40 U.S.C. 472(a)).
    Federal Telecommunications System (FTS) means the umbrella of local 
and long distance telecommunications services, including FTS2000 long 
distance telecommunications services, provided, operated, managed, or 
maintained by GSA for the common use of all Federal agencies and other 
authorized users.

[[Page 324]]

    Interoperability means the ability of telecommunications resources 
to provide services to and accept services from other telecommunications 
resources and to use the services so exchanged to enable them to operate 
effectively together.
    Long distance telephone service means any service or facility 
purchased with Government funds for completing telephone calls outside 
of the local service area.
    National security and emergency preparedness (NSEP) means those 
physical, technical, and administrative characteristics of 
telecommunications systems that will ensure a prescribed level of 
survivability in times of national or other emergency mission needs of 
the Government entities that use them.



          Subpart 101-35.1--Use of Government Telephone Systems



Sec. 101-35.100  Scope of subpart.

    This subpart discusses the policies and procedures for using long 
distance telephone service.



  Subpart 101-35.2--Authorized Use of Long Distance Telephone Services



Sec. 101-35.200  Scope of subpart.

    This subpart discusses authorized use of telephone systems and 
facilities provided, paid for, or reimbursed by the Federal Government.



Sec. 101-35.201  Authorized use of long distance telephone services.

    (a) Scope. This section describes policies and procedures for the 
use of Government-provided and commercial long distance telephone 
service paid for by the Government.
    (b) General. Agencies should be familiar with the Office of 
Management and Budget (OMB) ``Guidance on the Privacy Act Implications 
of Call Detail Programs to Manage Employees' Use of the Government's 
Telecommunications Systems'' (52 FR 12990, April 20, 1987).
    (c) Policy. (1) Telephone calls placed over Government-provided and 
commercial long distance systems that will be paid for or reimbursed by 
the Government, shall be used to conduct official business only.
    (2) To the maximum extent practicable, Federal employees shall place 
calls on Government-provided long distance telephone systems and 
services instead of using commercial toll services.
    (3) In accordance with 5 CFR 2635.704, the following practices are 
prohibited and a willful violation may result in criminal, civil, or 
administrative action, including suspension or dismissal:
    (i) Use of any Government system or service, or any other telephone 
service, where the Government pays the cost of the long distance call, 
for other than official business, except emergency calls and calls the 
agency determines are necessary in the interest of the Government.
    (ii) Making an unauthorized long distance telephone call with the 
intent to later reimburse the Government.
    (iii) Unauthorized use of telephone call detail data.
    (d) Procedures. Official business calls may include emergency calls 
and other calls the agency determines are necessary in the interest of 
the Government.
    (1) Telephone calls may properly be authorized when they--
    (i) Do not adversely affect the performance of official duties by 
the employee or the employee's organization;
    (ii) Are of reasonable duration and frequency; and
    (iii) Could not reasonably have been made at another time; or
    (iv) Are provided for in a collective bargaining agreement that is 
consistent with this part.
    (2) Personal long distance calls that must be made during working 
hours may be made over the commercial long distance network if 
consistent with the criteria in paragraph (d)(1) of this section and 
are:
    (i) Charged to the employee's home phone number or other non-
Government number (third-number call);
    (ii) Made to an 800 toll-free number;
    (iii) Charged to the called party if a non-Government number 
(collect call); or
    (iv) Charged to a personal telephone credit card.

[[Page 325]]

    (3) Agencies shall issue directives on using telephone facilities 
and services. Agencies' contractor-operated facilities shall be covered 
by these directives. The directives may provide further definition of 
calls necessary in the interest of the Government and shall include 
procedures for collection and reimbursement for unauthorized calls.



Sec. 101-35.202  Collection for unauthorized use.

    (a) Agencies shall collect for any unauthorized calls if it is cost-
effective to do so. Reimbursing the Government for unauthorized calls 
does not exempt an employee from appropriate administrative, civil, or 
criminal action.
    (b) Agency collections shall include--
    (1) The value of the call, computed on the basis of commercial long 
distance rates rounded to the nearest dollar; and
    (2) An additional amount rounded to the nearest dollar to cover the 
administrative costs of determining that the call was unauthorized and 
processing the collection.



        Subpart 101-35.3--The Mandatory FTS Long Distance Network



Sec. 101-35.300  Scope of subpart.

    This subpart describes the GSA FTS program and contracts that are 
mandatory-for-use by agencies.



Sec. 101-35.301  The mandatory FTS long distance network.



Sec. 101-35.301-1  General.

    (a) In accordance with section 629 of Public Law 104-52, (109 Stat. 
468, 504, November 19, 1995), executive agencies must use the FTS long 
distance network.
    (b) GSA will grant exceptions to the use of the FTS long distance 
network when:
    (1) The agency's procurement requirements are unique and cannot be 
satisfied by the FTS long distance network; and
    (2) The agency procurement would be cost-effective and would not 
adversely affect the cost-effectiveness of the FTS long distance 
network.
    (c) The FTS long distance network provides Federal agencies modern 
up-to-date intercity telecommunications services over the life of the 
program. GSA will enhance existing services and add features to the FTS 
long distance network to maintain technologically current services and 
to improve services to user agencies. GSA will make service improvements 
in accordance with agencies' needs, contract provisions, governing 
regulations and statutes.
    (d) As used in this FPMR, the terms intercity and long distance have 
the same meaning.



Sec. 101-35.301-2  Policies.

    (a) Executive agencies shall use the FTS long distance network to 
satisfy intercity telecommunications requirements within the United 
States, Guam, Puerto Rico, or the Virgin Islands for requirements which 
are within the scope of the FTS long distance network voice, data, and 
video services as such services become available unless:
    (1) The agency requests and obtains from GSA an exception to the use 
of the FTS long distance network based on a GSA determination that:
    (i) The agency's procurement requirements are unique and cannot be 
satisfied by the FTS long distance network; and
    (ii) The agency procurement would be cost-effective and would not 
adversely affect the cost-effectiveness of the FTS long distance 
network;
    (2) The agency requests and obtains from GSA an interim exception to 
the use of the FTS long distance network based on an established date 
for transition to the FTS long distance network; or
    (3) An exception to the use of the FTS long distance network for the 
agency is otherwise provided by law.
    (b) Unless any of the exceptions listed in paragraph (a) of this 
section apply to the procurement, and when overall procurement 
requirements include any agency long distance telecommunications 
requirements which are within the scope of FTS services, executive 
agencies shall require offerors in new awards to satisfy those 
requirements by using the Government furnished services of the FTS long 
distance network as such services become available.

[[Page 326]]

    (c) For ease of determining and evaluating Government costs, 
executive agencies also shall require offerors to unbundle FTS long 
distance services in their offers by separately describing and pricing 
the FTS services that satisfy Government requirements. However, the 
agency solicitation may prescribe an expected solution for the use of 
the FTS long distance network. Offerors would then be required to 
separately price the Government-furnished services of FTS only if their 
offers show a different use of FTS than the Government's expected 
solution.
    (d) Notwithstanding paragraphs (a) and (b) of this section, agencies 
may continue to use intercity telecommunications services and facilities 
provided under contracts previously authorized and awarded without 
obtaining an exception to the use of the FTS long distance network. 
However, agencies shall use available FTS long distance services that 
can satisfy their procurement requirements upon expiration of such 
contracts. Before exercising renewal options under existing contracts 
that will result in the provision of intercity telecommunications 
services, agencies shall obtain an interim exception to the use of the 
FTS long distance network. This interim exception will allow GSA and the 
agencies to plan an orderly transition to the FTS long distance network.
    (e) In planning for transition to the FTS long distance network, 
agencies shall be responsible for determining customer premises 
equipment requirements to achieve efficient interfaces with the type of 
FTS services needed. However, agencies shall avoid duplicating FTS 
services. Agencies shall avoid incorporating inherently intercity 
features (i.e., features that can be provided only as part of an 
intercity network) of the FTS long distance network in agency networks. 
An exception to the use of the FTS long distance network is hereby 
provided to agencies with requirements for non-inherently intercity 
features to satisfy such features within a local network.



Sec. 101-35.301-3  Procedures.

    (a) GSA will provide assistance in understanding and pricing the 
services available from the FTS long distance network and in developing 
plans for transition to the FTS long distance network. For assistance 
and information concerning the FTS network, agencies should contact the 
General Services Administration, Federal Telecommunications Service (T), 
7980 Boeing Court, 4th Floor, Vienna VA, 22182-3988.
    (b) Agencies seeking an exception to the use of the FTS long 
distance network are responsible for documenting their case. A complete 
agency request for an exception to the use of the FTS long distance 
network shall establish to the satisfaction of GSA that:
    (1) The agency's procurement requirements are unique and cannot be 
satisfied by the FTS long distance network;
    (2) The agency's procurement would be cost-effective; and
    (3) The agency's procurement would not adversely affect the cost-
effectiveness of the FTS long distance network. (The rebuttable 
presumption is that, if an agency procurement requirement is unique and 
the resultant procurement would be cost-effective, the agency 
procurement would not adversely affect the cost-effectiveness of the FTS 
long distance network.)
    (c) An agency request for an interim exception to the use of the FTS 
long distance network shall be based on a GSA established date for 
transition of agency requirements to the FTS long distance network.
    (d) Any agency exception request shall be sent to the General 
Services Administration/Federal Telecommunications Service (T).
    (e) Agencies may conduct procurements for long distance 
telecommunications services and facilities without prior approval of GSA 
when the agency's requirements are within the scope of an exception to 
the use of the FTS long distance network provided by GSA.
    (f) An agency may appeal a GSA denial of a request for an exception 
to the Office of Management and Budget (OMB).
    (g) If an agency has a requirement for long distance 
telecommunications within the United States, Guam, Puerto Rico, or the 
Virgin Islands that may

[[Page 327]]

be outside the scope of FTS, the requirement shall be submitted to GSA/T 
prior to initiating acquisition action. An exception to the mandatory 
use of the FTS long distance network will be given if GSA determines the 
service cannot be provided by the FTS.



     Subpart 101-35.4--Consolidated Local Telecommunications Service



Sec. 101-35.400  Scope of subpart.

    This subpart discusses local telecommunications facilities and 
services provided to executive agencies by GSA and other agencies.



Sec. 101-35.401  General.

    Consolidated local telecommunications service is available in most 
buildings occupied by concentrations of Federal employees. Local 
telecommunications includes any access services which provide, for a 
monthly fee, electronic connectivity to a larger telecommunications 
network and those support services which provide for the acquisition, 
operation and management of attached systems. Information on the use of 
consolidated local telecommunications services may be obtained from: 
GSA, Federal Telecommunications Service, Office of Regional Services 
(TR), 1730 M Street, NW., Suite 200, Washington, DC 20036.



Sec. 101-35.402  Policies.

    (a) All executive agencies shall evaluate sharing Government owned 
or contracted local telecommunications facilities and services. 
Evaluation criteria and associated decisions must be documented as 
appropriate.
    (b) Executive agencies receiving local telecommunications services 
from another agency, e.g., a GSA consolidated switch, must acknowledge 
their shared responsibility to that community of agencies in exchange 
for those services. Such a community shall be considered a 
telecommunications ``Shared Resource Community.'' The agency primarily 
responsible for providing telecommunications service(s) to members of 
this community shall be the ``Lead Agency.'' Lead agencies must 
acknowledge their responsibility(s) to provide services until an 
alternative arrangement has been coordinated with the community. 
Different agencies may take the lead in providing different services. 
Memoranda of Agreement will identify responsibilities and cost-recovery 
mechanisms.
    (c) GSA charges to agencies for consolidated local 
telecommunications service will cover expenses for installation, changes 
in service, a common distributable charge, and termination.



  Subpart 101-35.5--National Security and Emergency Preparedness (NSEP)



Sec. 101-35.500  Scope of subpart.

    This subpart discusses NSEP services and assistance provided by GSA 
to executive agencies.



Sec. 101-35.501  General.

    Executive Order 12472 (49 FR 13471, 3 CFR, 1984 Comp., p. 193), 
requires that GSA ensure that the NSEP requirements of agencies are met. 
GSA incorporates NSEP safeguards and support features in networks and 
services it provides for agencies. GSA also provides emergency 
telecommunications for the special needs of agencies and helps agencies 
plan, obtain, and maintain continuity of telecommunications during 
wartime and non-wartime emergencies.



Sec. 101-35.502  Policy.

    Agencies shall use available GSA telecommunications systems and 
services to meet their NSEP requirements.



Sec. 101-35.503  Procedures.

    Before acquiring services or facilities to meet special NSEP 
requirements, agencies shall review GSA-provided services. Agencies 
shall coordinate their special NSEP requirements with: General Services 
Administration, Federal Telecommunications Service, Office of Service 
Delivery, NSEP Center (TOS), 18th & F Streets, NW., Washington, DC 
20405.

[[Page 328]]



 Subpart 101-35.6--Delegation of GSA's Multiyear Contracting Authority 
                    for Telecommunications Resources



Sec. 101-35.600  Scope of subpart.

    This subpart discusses the delegation of GSA's multiyear contracting 
authority to executive agencies.



Sec. 101-35.601  General.

    Executive agencies are authorized to enter into multiyear contracts 
for telecommunications resources subject to the following conditions:
    (a) The agency shall notify GSA/T prior to using GSA's multiyear 
contracting authority.
    (b) The contract life including options, shall not exceed 10 years.
    (c) Agencies shall comply with OMB budget and accounting procedures 
relating to appropriated funds.



             Subpart 101-35.7--Network Address Registration

    Source: 64 FR 32198, June 16, 1999, unless otherwise noted.



Sec. 101-35.705  What does this subpart contain?

    This subpart addresses registration services provided by GSA to 
Government agencies and the public.



Sec. 101-35.710  What registration services are available through GSA?

    (a) The National Institute of Standards and Technology (NIST), 
Department of Commerce, has designated GSA as the Government Open 
Systems Interconnection Profile (GOSIP) Address Registration Authority 
for unique naming assignments of X.400 Private Management Domains 
(PRMD), X.500 Organizational Units (OU), and Network Service Access 
Point (NSAP) Administrative Authority Identifiers (AAI). GOSIP 
registration is limited to Government agencies, with the exception of 
NSAP AAIs, which may be used by commercial organizations to identify 
private asynchronous transfer mode (ATM) networks.
    (b) For purposes of global interoperability, GSA will operate an 
X.500/LDAP Directory Service at the ``C=US'' level and at the ``O=U.S. 
Government'' level. Federal agencies may link operational directories to 
the ``O=U.S. Government'' level and commercial organizations may link to 
the ``C=US'' level in accordance with the fees set forth in Sec. 101-
35.704.
    (c) The National Science Foundation (NSF) has delegated to GSA the 
authority to manage and administer the .GOV Internet domain. GSA 
provides second-level domain registrations in the GOV domain (e.g., 
Agency>.gov). Similarly, GSA provides third-level domain registrations 
in the ``fed.us'' domain under authority of the Internet Assigned 
Numbers Authority (IANA). Internet registration services are limited to 
Federal, State, and local Government organizations. GSA is not 
responsible for and will not charge fees for any further delegation of a 
domain name assigned to an agency. For example, the U.S. Department of 
the Treasury has registered ``ustreas.gov,'' but registrations such as 
``irs.ustreas.gov'' would be the responsibility of the domain manager 
for Treasury.



Sec. 101-35.715  Who should I contact for more information or to register?

    Individuals or organizations that want to register or would like 
more information should contact the registration officials at GSA by 
sending an e-mail message to [email protected] or by using the Web 
site at http://www.nic.gov.



Sec. 101-35.720  Is there a fee for these services?

    GSA will assess Government agencies and commercial organizations 
nominal fees to cover the cost of registration and other services as 
listed in the table in this section. The fees are based on anticipated 
costs for providing the services and are consistent with industry 
charges. The table follows:

------------------------------------------------------------------------
                                                               Recurring
                      Service                         Setup     (annual)
------------------------------------------------------------------------
(a) Network Naming and Address Registration         $1,000.00    $500.00
 (GOSIP)..........................................
(b) Governmentwide Directory Operation (X.500/       1,000.00     500.00
 LDAP)............................................
(c) Internet Domain Name Registration.............     250.00      50.00
------------------------------------------------------------------------



[[Page 329]]

    Note to Sec. 101-35.720: Setup fees may be waived at the discretion 
of GSA. When levied, setup fees include the annual fee for 1 year.



Sec. 101-35.725  How and where do I pay these fees?

    GSA will invoice registrants according to the fee schedule in 
Sec. 101-35.720. Government registrations must be paid by Government 
credit card. Commercial organizations are encouraged to pay by credit 
card. All other payments should be made to: GSA Registration Services, 
1800 F Street, NW., Suite G-222, Washington, DC 20405.

[[Page 330]]





       SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES





PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION--Table of Contents




Sec.
101-37.000  Scope of part.

                      Subpart 101-37.1--Definitions

101-37.100  Definitions.

             Subpart 101-37.2--Accounting for Aircraft Costs

101-37.200  General.
101-37.201  Standard aircraft program cost elements.
101-37.202  Policy.
101-37.203  [Reserved]
101-37.204  Operations cost recovery methods.
101-37.205  Aircraft program cost effectiveness.

   Subpart 101-37.3--Cost Comparisons for Acquiring and Using Aircraft

101-37.300  General.
101-37.301  Applicability.
101-37.302--101-37.303  [Reserved]
101-37.304  Variable cost rate.
101-37.305  Acquistion and management.

    Subpart 101-37.4--Use of Government-Owned and -Operated Aircraft

101-37.400  General.
101-37.401  [Reserved]
101-37.402  Policy.
101-37.403  Reimbursement for the use of Government aircraft.
101-37.404  Approving the use of Government aircraft for transportation 
          of passengers.
101-37.405  Approving travel on Government aircraft.
101-37.406  Justification of the use of Government aircraft for 
          transportation of passengers.
101-37.407  Documentation.
101-37.408  Reporting travel by senior Federal officials.

         Subpart 101-37.5--Management Information Systems (MIS)

101-37.500  General.
101-37.501  [Reserved]
101-37.502  GSA MIS responsibilities.
101-37.503  Reporting responsibilities.
101-37.504  Reports.
101-37.505  Aircraft used for sensitive missions.
101-37.506  Reporting requirements for law enforcement, national 
          defense, or interdiction mission aircraft.

 Subpart 101-37.6--Management, Use, and Disposal of Government Aircraft 
                                  Parts

101-37.600  What does this subpart do?
101-37.601  What responsibilities does the owning/operating agency have 
          in the management and use of Government aircraft parts?
101-37.602  Are there special requirements in the management, use, and 
          disposal of military Flight Safety Critical Aircraft Parts 
          (FSCAP)?
101-37.603  What are the owning/operating agency's responsibilities in 
          reporting excess Government aircraft parts?
101-37.604  What are the procedures for transferring and donating excess 
          and surplus Government aircraft parts?
101-37.605  What are the receiving agency's responsibilities in the 
          transfer and donation of excess and surplus Government 
          aircraft parts?
101-37.606  What are the GSA approving official's responsibilities in 
          transferring and donating excess and surplus Government 
          aircraft parts?
101-37.607  What are the State Agency's responsibilities in the donation 
          of surplus Government aircraft parts?
101-37.608  What are the responsibilities of the Federal agency 
          conducting the sale of Government aircraft parts?
101-37.609  What are the procedures for mutilating unsalvageable 
          aircraft parts?
101-37.610  Are there special procedures for the exchange/sale of 
          Government aircraft parts?

Subparts 101-37.7--101-37.10 [Reserved]

    Subpart 101-37.11--Aircraft Accident and Incident Reporting and 
                              Investigation

101-37.1100  What are my general responsibilities for aircraft accident 
          and incident reporting and investigation?
101-37.1101  What aircraft accident and incident response planning must 
          I do?
101-37.1102  When must I give initial notification of an aircraft 
          accident, incident, or overdue aircraft?
101-37.1103  What information must I give in an initial notification of 
          an aircraft accident, incident, or overdue aircraft?
101-37.1104  What are my responsibilities for preserving aircraft 
          wreckage, cargo,

[[Page 331]]

          mail, and records resulting from aircraft accidents and 
          incidents?
101-37.1105  What must I report regarding an aircraft accident, 
          incident, or overdue aircraft?
101-37.1106  What must I do when the NTSB investigates an accident or 
          incident involving my aircraft?
101-37.1107  What must I do if I observe a condition, act, maintenance 
          problem, or circumstance that has the potential to cause an 
          aviation related mishap?
101-37.1108  Why is it important that I be provided aircraft accident/
          incident related guidance in the form of this subpart, in 
          addition to that found in 49 CFR parts 830 and 831?
101-37.1109  What training must I have to participate in an NTSB 
          investigation?

       Subparts 101-37.12--Federal Agency Aviation Safety Program

101-37.1200  General.
101-37.1201  Applicability.
101-37.1202  Agency aviation safety responsibilities.
101-37.1203  Aviation safety manager qualifications.
101-37.1204  Program responsibilities.
101-37.1205  Program elements.
101-37.1206  Aviation safety council.
101-37.1207  Inspections and evaluations.
101-37.1208  Hazard reporting.
101-37.1209  Aircraft accident and incident investigation and reporting.
101-37.1210  Education and training.
101-37.1211  Aviation protective equipment.
101-37.1212  Aircrew qualification and certification.
101-37.1213  Aircraft accident and incident database.
101-37.1214  Aviation safety awards program.

Subpart 101-37.13  [Reserved]

                        Subpart 101-37.14--Forms

101-37.1400  General.
101-37.1401  GSA forms availability.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); the Budget 
and Accounting Act of 1921, as amended; the Budget and Accounting 
Procedures Act of 1950, as amended; Reorganization Plan No. 2 of 1970; 
Executive Order 11541; and OMB Circular No. A-126 (Revised May 22, 
1992).

    Source: 56 FR 5356, Feb. 11, 1991, unless otherwise noted.



Sec. 101-37.000  Scope of part.

    (a) The provisions of this part prescribe policies and procedures 
and make recommendations for executive agencies governing the efficient 
and effective management and utilization of Government-owned, leased, 
chartered and rented aircraft and related support services.
    (b) Agencies are responsible for establishing clear accountability 
for aircraft management at a senior management level.

[57 FR 48329, Oct. 23, 1992]



                      Subpart 101-37.1--Definitions



Sec. 101-37.100  Definitions.

    In part 101-37, the following definitions apply:
    Acquisition date means the date the agency acquired the asset.
    Acquisition value means the value initially recorded on agency 
property records and/or accounting records at the time of acquisition. 
If the aircraft is acquired through an interagency transfer, the 
acquisition value is the greater of the aircraft net book value plus the 
cost of returning the aircraft to an airworthy, mission ready condition 
or the commercial retail value of that aircraft in average condition. If 
it is a military aircraft without a commercial equivalent, the 
acquisition value is equal to the scrap value plus the cost of returning 
the aircraft to an airworthy, mission ready condition.
    Actual cost means all costs associated with the use and operation of 
an aircraft as specified in Sec. 101-37.406(b).
    Agency aircraft means an aircraft, excluding aircraft owned by the 
Armed Forces, which is: (1) owned and operated by any executive agency 
or entity thereof, or (2) exclusively leased, chartered, rented, bailed, 
contracted and operated by an executive agency.
    Aircraft accident means an occurrence associated with the operation 
of an aircraft which takes place between the time any person boards the 
aircraft with the intention of flight and all such persons have 
disembarked, and in which any person suffers death or serious injury, or 
in which the aircraft received substantial damage.
    Aircraft part means any part, component, system, or assembly 
primarily designated for aircraft.
    Bailed aircraft means any aircraft borrowed by a department or 
agency from the Department of Defense (DOD),

[[Page 332]]

State or local government, or other non-Federal entity.
    Capital asset means any tangible property, including durable goods, 
equipment, buildings, facilities, installations, or land, which:
    (1) Is leased to the Federal Government for a term of 5 or more 
years; or
    (2) In the case of a new asset with an economic life of less than 5 
years, is leased to the Federal Government for a term of 75 percent or 
more of the economic life of the asset; or
    (3) Is built for the express purpose of being leased to the Federal 
Government; or
    (4) Clearly has no alternative commercial use; e.g., special-purpose 
Government installation.
    Charter aircraft means a one time procurement for aviation resources 
and associated services.
    Civil aircraft means any aircraft other than a public aircraft.
    Contract aircraft means aircraft procured for an agency's exclusive 
use for a specified period of time in accordance with the requirements 
of the Federal Acquisition Regulation (FAR) 48 CFR Chapter 1 or other 
applicable procurement regulations.
    Criticality Code is the one-digit code assigned by Department of 
Defense to designate an aircraft part as a Flight Safety Critical 
Aircraft Part (FSCAP).
    Deep cover aircraft means an agency aircraft that is utilized to 
gather information for law enforcement purposes. This aircraft does not 
display any agency markings. Although the registration filed with the 
Federal Aviation Administration (FAA) may indicate ownership by persons 
other than the owning or using agency, actual ownership will be 
maintained by the owning Federal agency.
    Fatal injury means any injury which results in death within 30 days 
of the accident.
    Fixed costs means the costs of operating aircraft that result from 
owning and supporting the aircraft and do not vary according to aircraft 
usage. For specific fixed aircraft program cost information, see 
Sec. 101-37.201(b).
    Flight Safety Critical Aircraft Part (FSCAP) means any aircraft 
part, assembly, or installation containing a critical characteristic 
whose failure, malfunction, or absence could cause a catastrophic 
failure resulting in loss or serious damage to the aircraft or an 
uncommanded engine shut-down resulting in an unsafe condition.
    Forfeited aircraft means an aircraft acquired by the Government 
either by summary process or by order of a court of competent 
jurisdiction pursuant to any law of the United States.
    Full coach fare means a coach fare available to the general public 
between the day that the travel was planned and the day the travel 
occurred.
    Government aircraft means any aircraft owned, leased, chartered or 
rented and operated by an executive agency.
    Head of executive agency means the head of a Department, agency, 
bureau, or independent establishment in the executive branch, including 
any wholly owned Government corporation, or an official designated in 
writing to act on his or her behalf.
    Incident means an occurrence other than an accident, associated with 
the operation of an aircraft, which affects or could affect the safety 
of operations.
    Intelligence agencies refers to the following agencies or 
organizations within the intelligence community:
    (1) Central Intelligence Agency;
    (2) National Security Agency;
    (3) Defense Intelligence Agency;
    (4) Offices with the Department of Defense for the collection of 
specialized national foreign intelligence through reconnaissance 
programs;
    (5) The Bureau of Intelligence and Research of the Department of 
State;
    (6) Intelligence elements of the Army, Navy, Air Force, Marine 
Corps, Federal Bureau of Investigation, Drug Enforcement Administration, 
Department of the Treasury, and Department of Energy; and
    (7) The staff elements of the Director of Central Intelligence.
    Investigator-in-charge means the investigator who organizes, 
conducts, and controls the field phase of the investigation. This 
investigator shall assume responsibility for the supervision and 
coordination of all resources and of the activities of all personnel 
involved in the on-site investigation.

[[Page 333]]

    Lease purchase aircraft means a leased aircraft for which the 
Government holds an option to purchase.
    Leased aircraft means an aircraft that the Government has a 
contractual right to use for a specific period of time.
    Loaned aircraft means an aircraft owned by a Department or 
independent office which is on loan to a State, cooperator, or other 
entity.
    Military surplus aircraft part is an aircraft part that has been 
released as surplus by the military, even if subsequently resold by 
manufacturers, owner/operators, repair facilities, or any other parts 
supplier.
    Mission requirements mean activities that constitute the discharge 
of an agency's official responsibilities. Such activities include, but 
are not limited to, the transport of troops and/or equipment, training, 
evacuation (including medical evacuation), intelligence and counter-
narcotics activities, search and rescue, transportation of prisoners, 
use of defense attache-controlled aircraft, aeronautical research and 
space and science applications, and other such activities. Mission 
requirements do not include official travel to give speeches, to attend 
conferences or meetings, or to make routine site visits. Routine site 
visits are customary or regular travel to a location for official 
purposes.
    Net book value means the acquisition value plus the cost of capital 
improvements minus accumulated depreciation.
    Non-operational aircraft means an owned, leased, lease purchased, or 
bailed aircraft that cannot be flown or operated by the owning or using 
agency for an extended period (6 months or more).
    Official travel means travel for the purpose of mission 
requirements, required use travel, and other travel for the conduct of 
agency business.
    Operational aircraft means an owned, leased, lease purchased, or 
bailed aircraft that is flown and operated or capable of being flown and 
operated by the owning or using agency.
    Operator means any person who causes or authorizes the operation of 
an aircraft, such as the owner, lessee, or bailee of an aircraft.
    Owned aircraft means aircraft registered to a Department or an 
independent agency in conformity with the regulations of the Federal 
Aviation Administration of the Department of Transportation (14 CFR 
Chapter 1, Part 47) or in conformity with appropriate military 
regulations.
    Owning agency means any executive agency, including any wholly owned 
Government corporation, having accountability for owned aircraft. This 
term applies when an executive agency has authority to take possession 
of, assign, or reassign the aircraft regardless of which agency is the 
using agency.
    Production approval holder is the holder of a Federal Aviation 
Administration Production Certificate (PC), Approved Production 
Inspection System (APIS), Parts Manufacturer Approval (PMA), or 
Technical Standard Order (TSO) who controls the design and quality of a 
product or part thereof, in accordance with Part 21 of the Federal 
Aviation Regulations (14 CFR 21.305).
    Reasonably available means commercial airline or aircraft (including 
charter) is able to meet the traveler's departure and/or arrival 
requirements within a 24-hour period (unless the traveler demonstrates 
that extraordinary circumstances require a shorter period of time).
    Rental aircraft means aviation resources or services procured 
through a standing ordering agreement which is a written instrument of 
understanding, negotiated between an agency, contracting activity, or 
contracting office and contractor that contains: (1) terms and clauses 
applying to future contracts (orders) between parties during its term, 
(2) a description, as specific as practicable, of supplies or services 
to be provided, and (3) methods for pricing, issuing, and delivering 
future orders.
    Replacement means the process of acquiring property specifically to 
be used in place of property which is still needed but will no longer 
adequately perform all the tasks for which it was used.
    Required use means use of a Government aircraft for the travel of an 
executive agency officer or employee to meet bona fide communications or 
security requirements of the agency or

[[Page 334]]

exceptional scheduling requirements. An example of a bona fide 
communications requirement is having to maintain continuous 24-hour 
secure communications with the traveler. Bona fide security requirements 
include, but are not limited to, life threatening circumstances. 
Exceptional scheduling requirements include emergencies and other 
operational considerations which make commercial transportation 
unacceptable.
    Residual value means the estimated value of an asset at the 
conclusion of its useful life, net of disposal costs. It is the dollar 
value below which the asset will not be depreciated. Residual value is 
established at the time of acquisition.
    Seized aircraft means an aircraft that has been confiscated by the 
Federal Government either by summary process or by order of a court of 
competent jurisdiction pursuant to any law of the United States and 
whose care and custody will be the responsibility of the Federal 
Government until final ownership is determined by judicial process.
    Senior executive branch official means civilian officials appointed 
by the President with the advice and consent of the Senate and civilian 
employees of the Executive Office of the President (EOP).
    Senior Federal official means a person:
    (1) Employed at a rate of pay specified in, or fixed according to, 
subchapter II of chapter 53 of title 5 of the United States Code;
    (2) Employed in a position in an executive agency, including any 
independent agency, at a rate of pay payable for level I of the 
Executive Schedule or employed in the Executive Office of the President 
at a rate of pay payable for level II of the Executive Schedule;
    (3) Employed in an executive agency position that is not referred to 
in paragraph (1) of this definition, (other than a position that is 
subject to pay adjustment under 37 U.S.C. 1009) and for which the basic 
rate of pay, exclusive of any locality-based pay adjustment under 5 
U.S.C. 5304 (or any comparable adjustment pursuant to interim authority 
of the President), is equal to or greater than the rate of the basic pay 
payable for the Senior Executive Service under 5 U.S.C. 5382; or
    (4) Appointed by the President to a position under 3 U.S.C. 
105(a)(2) (A), (B), or (C) or by the Vice President to a position under 
3 U.S.C. 106(a)(1) (A), (B), or (C). Generally, a senior Federal 
official is employed by the White House or an executive agency, 
including an independent agency, at a rate of pay equal to or greater 
than the minimum rate of basic pay for the Senior Executive Service. The 
term senior Federal official does not include an active duty military 
officer.
    Serious injury means any injury which: Requires hospitalization for 
more than 48 hours, commencing within 7 days from the date the injury 
was received: results in a fracture of any bone (except simple fractures 
of fingers, toes, or nose); causes severe hemorrhages, nerve, muscle, or 
tendon damage; involves any internal organ; or involves second- or 
third-degree burns, or any burns affecting more than 5 percent of the 
body surface.
    Space available means travel using aircraft capacity, that is 
already scheduled for use for an official purpose, that would otherwise 
be unutilized. For the purposes of this part, space available travel is 
travel other than for the conduct of agency business.
    Substantial damage means damage or failure which adversely affects 
the structural strength, performance, or flight charactersistics of the 
aircraft, and which would normally require major repair or replacement 
of the affected component. Engine failure or damage limited to an engine 
if only one engine fails or is damaged, bent fairings or cowling, dented 
skin, small puncture holes in the skin or fabric, ground damage to rotor 
or propeller blades, and damage to landing gear, wheels, tires, flaps, 
engine accessories, brakes or wing tips are not considered ``substantial 
damage.''
    Support service agreement means a preestablished agreement with a 
commercial vendor for specific aviation services.
    Undercover aircraft means an owned, leased, lease purchased, or 
bailed aircraft that is utilized to gather information for law 
enforcement purposes. An

[[Page 335]]

undercover aircraft does not display agency markings but is registered 
with the FAA to the owning agency.
    Unsalvageable aircraft part is an aircraft part which cannot be 
restored to an airworthy condition due to its age, physical condition, a 
non-repairable defect, insufficient documentation, or non-conformance 
with applicable specifications. For additional information on 
disposition of such parts refer to FAA Advisory Circular No. 21-38, or 
other current applicable guidelines.
    Useful life means the service life, in years, of the aircraft as 
estimated by the manufacturer or evidenced by historical performance. 
The useful life is established at the time of acquisition.
    Using agency means an executive agency using aircraft for which it 
does not maintain ownership. This term applies when an agency obtains 
aircraft from any other executive agency on a temporary basis.
    Variable costs means the costs of operating aircraft that vary 
depending on how much the aircraft are used. For specific variable 
aircraft program cost information see Sec. 101-37.201(a).

[60 FR 3548, Jan. 18, 1995, as amended at 62 FR 43472, Aug. 14, 1997]



             Subpart 101-37.2--Accounting for Aircraft Costs

    Source: 60 FR 3550, Jan. 18, 1995, unless otherwise noted.



Sec. 101-37.200  General.

    The provisions of this subpart prescribe policies and procedures for 
accounting for aircraft costs. This subpart also prescribes provisions 
and procedures contained in OMB Circulars A-76 and A-126.



Sec. 101-37.201  Standard aircraft program cost elements.

    The following cost elements will be used for the establishment of 
cost accounting systems and for reporting Government-owned and operated 
aircraft cost and utilization data to the Federal Aviation Management 
Information System (FAMIS) on GSA Form 3552.
    (a) Variable costs. The variable costs of operating aircraft are 
those costs that vary depending on how much the aircraft are used. The 
specific variable cost elements include:
    (1) Crew costs. The crew costs which vary according to aircraft 
usage consist of travel expenses, particularly reimbursement of 
subsistence (i.e., per diem and miscellaneous expenses), overtime 
charges, and wages of crew members hired on an hourly or part-time 
basis.
    (2) Maintenance costs. Unscheduled maintenance and maintenance 
scheduled on the basis of flying time vary with aircraft usage and, 
therefore, the associated costs are considered variable costs. In 
addition to the costs of normal maintenance activities, variable 
maintenance costs shall include aircraft refurbishment, such as painting 
and interior restoration, and costs of or allowances for performing 
overhauls and modifications required by service bulletins and 
airworthiness directives. If they wish, agencies may consider all of 
their maintenance costs as variable costs and account for them 
accordingly. Otherwise, certain maintenance costs will be considered 
fixed as described in paragraph (b) of this section. Variable 
maintenance costs include the costs of:
    (i) Maintenance labor. This includes all labor (i.e., salaries and 
wages, benefits, travel, and training) expended by mechanics, 
technicians, and inspectors, exclusive of labor for engine overhaul, 
aircraft refurbishment, and/or repair of major components.
    (ii) Maintenance parts. This includes cost of materials and parts 
consumed in aircraft maintenance and inspections, exclusive of materials 
and parts for engine overhaul, aircraft refurbishment, and/or repair of 
major components.
    (iii) Maintenance contracts. This includes all contracted costs for 
unscheduled maintenance and for maintenance scheduled on a flying hour 
basis or based on the condition of the part or component.
    (iv) Engine overhaul, aircraft refurbishment, and major component 
repairs. These are the materials and labor costs of overhauling engines, 
refurbishing aircraft, and/or repairing major aircraft components.

[[Page 336]]

    (A) In general, the flight hour cost is computed by dividing the 
costs for a period by the projected hours flown during the period. 
However, when computing the flight hour cost factor for this cost 
category, divide the total estimated cost for the activities in this 
category (e.g., overhaul, refurbishment, and major repairs) by the 
number of flight hours between these activities.
    (B) Cost or reserve accounts for engine overhaul, aircraft 
refurbishment, and major component repairs may, at the agency's 
discretion, be identified and quantified separately for mission-
pertinent information purposes. Reserve accounts are generally used when 
the aircraft program is funded through a working capital or revolving 
fund.
    (3) Fuel and other fluids. The costs of the aviation gasoline, jet 
fuel, and other fluids (e.g., engine oil, hydraulic fluids, and water-
methanol) consumed by aircraft.
    (4) Lease costs. When the cost of leasing an aircraft is based on 
flight hours, the associated lease or rental costs are considered 
variable costs.
    (5) Landing and tie down fees. Landing fees and tie down fees 
associated with aircraft usage are considered variable costs. Tie down 
fees for storing an aircraft at its base of operations should be 
considered part of operations overhead, a fixed cost.
    (b) Fixed costs. The fixed costs of operating aircraft are those 
that result from owning and supporting the aircraft and do not vary 
according to aircraft usage. The specific fixed cost elements include:
    (1) Crew costs. The crew costs which do not vary according to 
aircraft usage consist of salaries, benefits, and training costs. This 
includes the salaries, benefits, and training costs of crew members who 
also perform minimal aircraft maintenance. Also included in fixed crew 
costs are the costs of their charts, personal protective equipment, 
uniforms, and other personal equipment when the agency is authorized to 
purchase such items.
    (2) Maintenance costs. This cost category includes maintenance and 
inspection activities which are scheduled on a calendar interval basis 
and take place regardless of whether or how much an aircraft is flown. 
Agencies are encouraged to simplify their accounting systems and account 
for all maintenance costs as variable costs. However, if they wish, 
agencies may account for the following costs as fixed costs:
    (i) Maintenance labor. This includes all projected labor expended by 
mechanics, technicians, and inspectors associated with maintenance 
scheduled on a calendar interval basis. This does not include variable 
maintenance labor or work on items having a retirement life or time 
between overhaul. This category also includes costs associated with 
nonallocated maintenance labor expenses; i.e., associated salaries, 
benefits, travel expenses, and training costs. These costs should be 
evenly allocated over the number of aircraft in the fleet.
    (ii) Maintenance parts. This includes all parts and consumables used 
for maintenance scheduled on a calendar interval basis.
    (iii) Maintenance contracts. This includes all contracted costs for 
maintenance or inspections scheduled on a calendar interval basis.
    (3) Lease costs. When the cost of leasing an aircraft is based on a 
length of time (e.g., days, weeks, months, or years) and does not vary 
according to aircraft usage, the lease costs are considered fixed costs.
    (4) Operations overhead. This includes all costs, not accounted for 
elsewhere, associated with direct management and support of the aircraft 
program. Examples of such costs include: personnel costs (salaries, 
benefits, travel, uniform allowances (when the agency is authorized to 
purchase such items), training, etc.) for management and administrative 
personnel directly responsible for the aircraft program; building and 
ground maintenance; janitorial services; lease or rent costs for hangars 
and administrative buildings and office space; communications and 
utilities costs; office supplies and equipment; maintenance and 
depreciation of support equipment; tie down fees for aircraft located on 
base; and miscellaneous operational support costs.

[[Page 337]]

    (5) Administrative overhead. These costs represent a prorated share 
of salaries, office supplies, and other expenses of fiscal, accounting, 
personnel, management, and similar common services performed outside the 
aircraft program but which support this program. For purposes of 
recovering the costs of operations, agencies should exercise their own 
judgment as to the extent to which aircraft users should bear the 
administrative overhead costs. Agencies may, for example, decide to 
charge non-agency users a higher proportion, not to exceed 100 percent 
of administrative overhead, than agency users if the agency has the 
authority to do so. If an aircraft is provided pursuant to an 
interagency agreement under the Economy Act of 1932 (31 U.S.C. 1535), 
the agency must charge based on the actual costs of the goods or 
services provided. For purposes of OMB Circular A-76 costs comparisons, 
agencies should compute the actual administrative costs that would be 
avoided if a decision is made to contract out the operation under study.
    (6) Self-insurance costs. Aviation activity involves risks and 
potential casualty losses and liability claims. These risks are normally 
covered in the private sector by purchasing an insurance policy. The 
Government is self-insuring; the Treasury's General Fund is charged for 
casualty losses and/or liability claims resulting from accidents. For 
the purposes of analyses, Government managers will recognize a cost for 
``self-insurance'' by developing a cost based on rates published by 
GSA's Aircraft Management Division.
    (7) Depreciation. The cost or value of ownership. Aircraft have a 
finite useful economic or service life (useful life). Depreciation is 
the method used to spread the acquisition value, less residual value, 
over an asset's useful life. Although these costs are not direct outlays 
as is the case with most other aircraft costs, it is important to 
recognize them for analyses required by OMB and other cost comparison 
purposes and when replenishing a working capital fund by recovering the 
full cost of aircraft operations. Depreciation costs depend on aircraft 
acquisition or replacement costs, useful life, and residual or salvage 
value. To calculate the cost of depreciation that shall be allocated to 
each year, subtract the residual value from the total of the acquisition 
cost plus any capital improvements and, then, divide by the estimated 
useful life of the asset.
    (c) Other costs. There are certain other costs of the aircraft 
program which should be recorded but are not appropriate for inclusion 
in either the variable or fixed cost categories for the purposes of 
justifying aircraft use or recovering the cost of aircraft operations. 
These costs include:
    (1) Accident repair costs. These costs include all parts, materials, 
equipment, and maintenance labor related to repairing accidental damage 
to airframes or aircraft equipment. Also included are all accident 
investigation costs.
    (2) Aircraft costs. This is the basic aircraft inventory or asset 
account used as the basis for determining aircraft depreciation charges. 
These costs include the cost of acquiring aircraft and accessories, 
including transportation and initial installation. Also included are all 
costs required to bring aircraft and capitalized accessories up to fleet 
standards.
    (3) Cost of capital. The cost of capital is the cost to the 
Government of acquiring the funds necessary for capital investments. The 
agency shall use the borrowing rate announced by the Department of the 
Treasury for bonds or notes whose maturities correspond to the 
manufacturer's suggested useful life or the remaining useful life of the 
asset.



Sec. 101-37.202  Policy.

    Agencies shall maintain cost systems for their aircraft operations 
which will permit them to justify the use of Government aircraft in lieu 
of commercially available aircraft, or the use of one Government 
aircraft in lieu of another; recover the costs of operating Government 
aircraft when appropriate; determine the cost effectiveness of various 
aspects of their aircraft program; and conduct the cost comparisons to 
justify in-house operation of Government aircraft versus procurement of 
commercially available aircraft services. To accomplish these purposes,

[[Page 338]]

agencies must accumulate their aircraft program cost into the standard 
aircraft program cost elements specified in Sec. 1010-37.201.



Sec. 101-37.203  [Reserved]



Sec. 101-37.204  Operations cost recovery methods.

    Under 31 U.S.C. 1535, and various acts appropriating funds or 
establishing working funds to operate aircraft, agencies are generally 
required to recover the costs of operating all aircraft in support of 
other agencies and other governments. Depending on the statutory 
authorities under which its aircraft were obtained or are operated, 
agencies may use either of two methods for establishing the rates 
charged for using their aircraft; full cost recovery rate or the 
variable cost recovery rate.
    (a) The full cost recovery rate for an aircraft is the sum of the 
variable and fixed cost rates for that aircraft. The computation of the 
variable cost rate for an aircraft is described in Sec. 101-37.304. The 
fixed cost recovery rate for an aircraft or aircraft type is computed as 
follows:
    (1) Accumulate the fixed costs listed in Sec. 101-37.201(b) that are 
directly attributable to the aircraft or aircraft type. These costs 
should be taken from the agency's accounting system.
    (2) Adjust the total fixed cost for inflation and for any known 
upcoming cost changes to project the new fixed total costs. The 
inflation factor used should conform to the provisions of OMB Circular 
A-76.
    (3) Allocate operations and administrative overhead costs to the 
aircraft based on the percentage of total aircraft program flying hours 
attributable to that aircraft or aircraft type.
    (4) Compute a fixed cost recovery rate for the aircraft by dividing 
the sum of the projected directly attributable fixed costs, adjusted for 
inflation, from paragraph (a)(2) of this section and the allocated fixed 
costs from paragraph (a)(3) of this section by the annual flying hours 
projected for the aircraft.
    (b) The variable cost recovery rate is the total variable cost rate 
of operating an aircraft described in Sec. 101-37.304. If an agency 
decides to base the charge for using its aircraft solely on this rate, 
it must recover the fixed costs of those aircraft from the 
appropriations which support the mission for which the procurement of 
the aircraft was justified. In such cases, the fixed cost recovery rate 
may be expressed on an annual, monthly, or flying hour basis.
    (c) To compute the full cost recovery rate of using a Government 
aircraft for a trip, add the variable cost recovery rate for the 
aircraft or aircraft type to the corresponding fixed cost recovery rate 
and multiply this sum by the estimated number of flying hours for the 
trip using the proposed aircraft.



Sec. 101-37.205  Aircraft program cost effectiveness.

    Although cost data are not the only measures of the effectiveness of 
an agency's aircraft program, they can be useful in identifying 
opportunities to reduce aircraft operational costs. These opportunities 
include changing maintenance practices, purchasing fuel at lower costs, 
and the replacement of old, inefficient aircraft with aircraft that are 
more fuel efficient and have lower operation and maintenance costs. The 
most common measures used to evaluate the cost effectiveness of various 
aspects of an aircraft program are expressed as the cost per flying hour 
or per passenger mile (one passenger flying one mile). These measures 
may be developed using the standard aircraft program cost elements (see 
Sec. 101-37.201) and include, but are not limited to: maintenance costs/
flying hours, fuel and other fluids/flying hours, and variable cost/
passenger mile. GSA will coordinate the development of other specific 
cost-effectiveness measures with the appropriate Interagency Committee 
for Aviation Policy subcommittees (ICAP).
    (a) Maintenance costs per flying hour. Maintenance costs per flying 
hour identifies on an aggregate basis relative cost effectiveness of 
maintenance alternatives. This measure is among those necessary to 
identify and justify procurement of less costly aircraft.
    (b) Fuel and other fluids cost per flying hour. Fuel per flying hour 
identifies

[[Page 339]]

the relative fuel efficiency of an individual aircraft. The measure 
identifies the requirement to replace inefficient engines or to 
eliminate fuel inefficient aircraft from the fleet.
    (c) Crew costs-fixed per flying hour. When based on the total fixed 
crew costs and flying hours, can be used to determine the impact of crew 
utilization on overall operating costs; can also be used to compare crew 
utilization and salary levels among different agency or bureau aircraft 
programs.
    (d) Operations overhead per flying hour. Operations overhead may be 
used on an aggregate basis (i.e., total operations overhead expenditures 
divided by hours flown) to compare the overhead activities in direct 
support of aircraft operations among agencies or bureaus. This factor 
can indicate excess overhead support costs.
    (e) Administrative overhead per flying hour. Administrative overhead 
may be used on an aggregate basis (i.e., total administrative overhead 
divided by hours flown) to compare the level of administrative support 
to other agencies and bureaus.



   Subpart 101-37.3--Cost Comparisons for Acquiring and Using Aircraft

    Source: 60 FR 3552, Jan. 18, 1995, unless otherwise noted.



Sec. 101-37.300  General.

    The provisions of this subpart prescribe policies and procedures for 
conducting cost comparisons for the acquisition, use, or lease of 
aircraft. This subpart incorporates selected provisions of OMB Circulars 
A-76 and A-126.



Sec. 101-37.301  Applicability.

    This subpart applies to all agencies in the executive branch of the 
Federal Government. It does not apply to the United States Postal 
Service, to the Government of the District of Columbia, or to non-
Federal organizations receiving Federal loans, contracts, or grants.



Secs. 101-37.302--101-37.303  [Reserved]



Sec. 101-37.304  Variable cost rate.

    For the purpose of comparing costs (Government, commercial charter, 
and airline) associated with passenger transportation flights, as 
required by Sec. 101-37.406, the agency should develop a variable cost 
rate for each aircraft or aircraft type as follows:
    (a) Accumulate or allocate to the aircraft or aircraft type all 
historical costs, for the previous 12 months, grouped under the variable 
cost category defined in Sec. 101-37.201. These costs should be obtained 
from the agency's accounting system.
    (b) Adjust the historical variable costs for inflation and for any 
known upcoming cost changes to determine the projected variable cost. 
The inflation factor used should conform to the provisions of OMB 
Circular A-76.
    (c) Divide the projected variable cost of the aircraft or aircraft 
type by the projected annual flying hours for the aircraft or aircraft 
type to compute the variable cost rate (per flying hour).
    (d) To compute the variable cost for a proposed trip, multiply the 
variable cost rate by the estimated number of flying hours for the trip. 
The number of flying hours should include:
    (1) If no follow-up trip is scheduled, all time required to position 
the aircraft to begin the trip and to return the aircraft to its normal 
base of operations.
    (2) If a follow-on trip requires repositioning, the cost for 
respositioning should be charged to the associated follow-on trip.
    (3) If an aircraft supports a multi-leg trip (a series of flights 
scheduled sequentially), the use of the aircraft for the total trip may 
be justified by comparing the total variable cost of the entire trip to 
the commercial aircraft cost (including charter) for all legs of the 
trip.



Sec. 101-37.305  Acquisition and management.

    (a) The number and size of aircraft acquired by an agency and the 
capacity of those aircraft to carry passengers and cargo shall not 
exceed the level

[[Page 340]]

necessary to meet the agency's mission requirements.
    (b) Agencies must comply with OMB Circular A-76 before purchasing, 
leasing, or otherwise acquiring aircraft and related services to assure 
that these services cannot be obtained from and operated by the private 
sector more cost effectively.
    (c) Agencies shall review on a 5-year cycle the continuing need for 
all of their aircraft and the cost effectiveness of their aircraft 
operations in accordance with OMB approved cost justification 
methodologies. A copy of each agency review shall be submitted to GSA 
when completed and to OMB with the agency's next budget submission. 
Agencies shall report any excess aircraft and release all aircraft that 
are not fully justified by these reviews.
    (d) Agencies shall use their aircraft in the most cost effective way 
to meet their requirements.



    Subpart 101-37.4--Use of Government-Owned and -Operated Aircraft

    Source: 58 FR 53660, Oct. 18, 1993, unless otherwise noted.



Sec. 101-37.400  General.

    The provisions of this subpart prescribe policies and procedures for 
the use of Government aircraft. This subpart incorporates certain 
provisions of OMB Circular A-126 and OMB Bulletin Number 93-11.



Sec. 101-37.401  [Reserved]



Sec. 101-37.402  Policy.

    Government aircraft shall be used for official purposes only in 
accordance with applicable laws and regulations, including this subpart.
    (a) Use of Government aircraft. Agencies shall operate Government 
aircraft only for official purposes. Official purposes include the 
operation of Government aircraft for:
    (1) Mission requirements, and
    (2) Other official travel.
    (b) Use of Government aircraft for official travel or on space 
available travel is subject to paragraphs (b)(1) and (2) of this 
section.
    (1) Use of a Government aircraft for official travel other than 
required use travel or mission requirement travel; i.e., for the conduct 
of agency business, shall be authorized only when:
    (i) No commercial airline or aircraft service (including charter) is 
reasonably available to fulfill effectively the agency's requirement; or
    (ii) The actual cost of using a Government aircraft is not more than 
the cost of commercial airline or aircraft service (including charter). 
When a flight is made for mission requirements or required use travel 
(and is certified as such in writing by the agency which is conducting 
the mission), it is presumed that secondary use of the aircraft for 
other travel for the conduct of agency business will result in cost 
savings.
    (2) Use of a Government aircraft on a space available basis is 
authorized only when:
    (i) The aircraft is already scheduled for use for an official 
purpose;
    (ii) Space available travel does not require a larger aircraft than 
needed for the already scheduled official purpose;
    (iii) Space available use results in no, or only minor, additional 
cost to the Government; and
    (iv) Reimbursement is provided as set forth in Sec. 101-37.403 of 
this subpart.
    (c) The Secretary of State, Secretary of Defense, Attorney General, 
Director of the Federal Bureau of Investigation, and the Director of 
Central Intelligence may use Government aircraft for travel other than:
    (1) To meet mission requirements, or
    (2) For the conduct of agency business, but only upon reimbursement 
at full coach fare and with authorization by the President or his 
designated representative on the grounds that a threat exists which 
could endanger lives or when continuous 24-hour secure communication is 
required.



Sec. 101-37.403  Reimbursement for the use of Government aircraft.

    A passenger transported by Government aircraft is required to 
reimburse the Government under the circumstances specified, and in the 
amount indicated, in paragraphs (a) through (d) of this section.

[[Page 341]]

    (a) For travel that is not required use travel:
    (1) Any incidental private activities (personal or political) of an 
employee undertaken on an employee's own time while on official travel 
shall not result in any increase in the actual costs to the Government 
of operating the aircraft, and
    (2) The Government shall be reimbursed the appropriate share of the 
full coach fare for any portion of the time on the trip spent on 
political activities (except as otherwise provided in paragraph (d) of 
this section).
    (b) For required use travel (except as otherwise provided in 
paragraph (d) of this section).
    (1) For a wholly personal or political trip, the Government shall be 
reimbursed the full coach fare for the trip,
    (2) For an official trip during which the employee engages in 
political activities, the Government shall be reimbursed the appropriate 
share of the full coach fare for the entire trip, and
    (3) For an official trip during which the employee flies to one or 
more locations for personal reasons, the Government shall be reimbursed 
the excess of the full coach fare of all flights taken by the employee 
on the trip over the full coach fare of the flights that would have been 
taken by the employee had there been no personal activities on the trip.
    (c) For space available travel, whether on mission requirements or 
other flights, the Government shall be reimbursed at the full coach fare 
except:
    (1) As authorized under 10 U.S.C. 4744 and regulations implementing 
that statute, and
    (2) By civilian personnel and their dependents in remote locations 
not reasonably accessible to regularly scheduled commercial airline 
service.
    (d) In any case of political travel, reimbursement shall be made in 
the amount required by law or regulation (e.g., 11 CFR 106.3) if greater 
than the amount otherwise required under paragraphs (a) through (c) of 
this section.



Sec. 101-37.404  Approving the use of Government aircraft for transportation of passengers.

    (a) Use of Government aircraft for official travel may be approved 
only by the agency head or official(s) designated by the agency head.
    (b) Whenever a Government aircraft used to fulfill a mission 
requirement is used also to transport senior Federal officials, members 
of their families or other non-Federal travelers on a space available 
basis (except as authorized under 10 U.S.C. 4744 and regulations 
implementing that statute), the agency that is conducting the mission 
shall certify in writing prior to the flight that the aircraft is 
scheduled to perform a bona fide mission activity, and that the minimum 
mission requirements have not been exceeded in order to transport such 
space available travelers. In emergency situations, an after-the-fact 
written certification by the agency is permitted.

[60 FR 3552, Jan. 18, 1995]



Sec. 101-37.405  Approving travel on Government aircraft.

    Policy and practices under which travel on Government aircraft may 
be approved by the agency are specified in paragraphs (a) through (c) of 
this section.
    (a) All travel on Government aircraft must have advance 
authorization by the sponsoring agency in accordance with its travel 
policies, OMB Circular A-126 and, when applicable, documented on an 
official travel authorization. Where possible, such travel authorization 
must be approved by at least one organizational level above that of the 
person(s) traveling. If review by a higher organizational level is not 
possible, another appropriate approval is required.
    (b) All required use travel must have written approval on a trip-by-
trip basis from the agency's senior legal official or the principal 
deputy, unless:
    (1) The President has determined that all travel or travel in 
specified categories by an agency head is qualified as required use 
travel, or
    (2) The agency head has determined that all travel or travel in 
specified categories by an officer or employee other than the agency 
head, is qualified as required use travel.
    (i) Any determination by an agency head that travel by an officer or 
employee of that agency qualifies as required use travel must be in 
writing

[[Page 342]]

and set forth the basis for that determination. In emergency situations 
an after-the-fact written certification by an agency is permitted.
    (ii) An agency head opting to determine that travel by an officer or 
employee may be required use travel shall establish written standards 
for determining when required use travel is permitted. Such travel shall 
not be permitted unless the travel is in conformance with the written 
standards.
    (c) All travel by senior Federal officials, family members of senior 
Federal officials, and non-Federal travelers that is not to meet mission 
requirements or required use travel must be authorized in advance and in 
writing.
    (1) Such authorization must be approved on a trip-by-trip basis and 
must be signed by the agency's senior legal official or the principal 
deputy, or be in conformance with an agency review and approval system 
that has been approved by the Office of Management and Budget (OMB). In 
emergency situations, an after-the-fact written certification by an 
agency is permitted.
    (2) In addition to the provisions of this subpart, Federal employees 
on official travel shall be subject to all other applicable travel rules 
and regulations. Travel by such individuals that is not official travel, 
for purposes of this subpart, is subject to the reimbursement 
requirements in Sec. 101-37.403(c) of this subpart for space available 
travel.



Sec. 101-37.406  Justification of the use of Government aircraft for transportation of passengers.

    (a) The cost comparison justifying the use of a Government aircraft 
for a proposed trip as required by Sec. 101-37.402(b)(1)(ii) of this 
subpart should be made prior to authorizing the use of the aircraft for 
that trip. Standard trip cost justification schedules developed by 
agencies may be used for this purpose. Agencies that are not able to use 
such schedules are required to conduct a cost justification on a case-
by-case basis.
    (b) When conducting a cost comparison, the agency must compare the 
actual cost of using a Government aircraft to the cost of using a 
commercial aircraft (including charter) or airline service. The actual 
cost of using a Government aircraft is either:
    (1) The amount that the agency will be charged by the organization 
that provides the aircraft,
    (2) The variable cost of using the aircraft, if the agency operates 
its own aircraft, or
    (3) The variable cost of using the aircraft as reported by the 
owning agency, if the agency is not charged for the use of an aircraft 
owned by another agency.
    (c) The cost of using commercial airline or aircraft services for 
the purpose of justifying the use of Government aircraft:
    (1) Must be the current Government contract fare or price, or the 
lowest fare or price available for the trip(s) in question,
    (2) Must include, as appropriate, any differences in the cost of 
ground travel, per diem and miscellaneous travel (e.g., taxis, parking, 
etc.), and lost employees' work time (computed at gross hourly costs to 
the Government, including benefits), between using Government aircraft 
and commercial aircraft services, and
    (3) Must include only the costs associated with passengers on 
official business. Costs associated with passengers traveling on a space 
available basis may not be used in the cost comparison.



Sec. 101-37.407  Documentation.

    All uses of Government aircraft must be documented, and this 
documentation must be retained for at least 2 years by the aircraft 
operations manager. The documentation of each use of Government aircraft 
must include the information specified in paragraphs (a) through (g) of 
this section:
    (a) Aircraft registration number (the registration number assigned 
by the Federal Aviation Administration or military-designated tail 
number);
    (b) Purpose of the flight (the mission the aircraft was dispatched 
to perform);
    (c) Route(s) flown;
    (d) Flight date(s) and times;
    (e) Name of each traveler;
    (f) Name(s) of the pilot(s) and aircrew;

[[Page 343]]

    (g) When Government aircraft are used to support official travel, 
the documentation must also include evidence that Sec. 101-37.408 and 
other applicable provisions of this FPMR have been satisfied.



Sec. 101-37.408  Reporting travel by senior Federal officials.

    Agencies shall submit semi-annual reports for the periods October 1 
through March 31 (due May 31), and April 1 through September 30 (due 
November 30) to the General Services Administration, Aircraft Management 
Division, Washington, DC 20406. A copy of each report shall also be 
submitted to the Deputy Director for Management, Office of Management 
and Budget, 725 17th Street, NW, Washington, DC 20503. Agencies shall 
submit report data using the Federal Aviation Management Information 
System structure and management codes for automated reporting or GSA 
Form 3641, Senior Federal Travel. Agencies that did not transport any 
senior Federal officials or special category travelers during the 
relevant time frame must still submit a written response that 
acknowledges the reporting requirements and states they have no travel 
to report. These reports shall be disclosed to the public upon request 
unless classified.
    (a) Reports shall include data on all non-mission travel by senior 
Federal officials on Government aircraft (including those senior Federal 
officials acting in an aircrew capacity when they are also aboard the 
flight for transportation), members of the families of such officials, 
any non-Federal traveler (except as authorized under 10 U.S.C. 4744 and 
regulations implementing that statute), and all mission and non-mission 
travel for senior executive branch officials. The reports shall include:
    (1) The names of the travelers;
    (2) The destinations;
    (3) The corresponding commercial cost had the traveler used 
commercial airline or aircraft service (including charter);
    (4) The appropriate allocated share of the full operating cost of 
each trip;
    (5) The amount required to be reimbursed to the Government for the 
flight;
    (6) The accounting data associated with the reimbursement; and
    (7) The data required by Sec. 101-37.407 (a), (b), and (d) of this 
subpart.
    (b) Each agency is responsible for reporting travel by personnel 
transported on aircraft scheduled by that agency.
    (c) The agency using the aircraft must also maintain the data 
required by this section for classified trips. This information shall 
not be reported to GAS or OMB but must be made available by the agency 
for review by properly cleared personnel.

[60 FR 3553, Jan. 18, 1995]



         Subpart 101-37.5--Management Information Systems (MIS)

    Source: 60 FR 3553, Jan. 18, 1995, unless otherwise noted.



Sec. 101-37.500  General.

    Executive agencies must maintain an aviation MIS. Agency systems 
will include computer applications appropriate to the complexity of the 
operation. Systems should be integrated among bureaus, agencies, and 
Departments as appropriate to maximize efficiency and effectiveness 
Governmentwide. MIS capabilities will include, but are not limited to, 
collecting, consolidating, and producing the reports and analyses 
required by: field-level organizations for day-to-day operations, 
agencies to justify the continuing use of aircraft or new acquisitions, 
GSA to develop Governmentwide aviation management guidance, and OMB and 
other oversight agencies to capitalize on opportunities to improve 
efficiency and effectiveness.



Sec. 101-37.501  [Reserved]



Sec. 101-37.502  GSA MIS responsibilities.

    The Aircraft Management Division will operate the Governmentwide 
aircraft MIS (also known as the Federal Aviation Management Information 
System (FAMIS)), develop generic aircraft MIS standards and software, 
and provide technical assistance to agencies in establishing automated 
aircraft information and cost accounting systems and conducting cost 
analyses required by OMB. The FAMIS will collect

[[Page 344]]

and maintain summary data including, but not limited to:
    (a) Aircraft and aviation related facilities inventories;
    (b) Cost and utilization for owned aircraft and aviation facilities;
    (c) Cost and utilization for chartered, rented, or contracted 
aircraft;
    (d) Inventories of support service agreements; and
    (e) Senior Federal official and special category travel data.



Sec. 101-37.503  Reporting responsibilities.

    Reporting responsibilities are as follows:
    (a) Owned aircraft. The executive agency to which the aircraft is 
registered in conformance with the FAA regulations or appropriate 
military regulations is responsible for reporting inventory, cost, and 
utilization data for each aircraft.
    (b) Bailed aircraft. The executive agency which operates bailed 
aircraft is responsible for reporting inventory, cost, and utilization 
data for each aircraft.
    (c) Leased or lease/purchased aircraft. The executive agency which 
makes payment to a private or other public sector organization for the 
aircraft is responsible for reporting inventory, cost, and utilization 
data for each aircraft.
    (d) Loaned aircraft. The executive agency which owns an aircraft on 
loan to a Federal agency will report inventory, cost, and utilization 
data. The executive agency which owns an aircraft on loan to a State, 
cooperator, or other non-Federal entity will report inventory data 
associated with that aircraft.
    (e) Contract, charter, and rental aircraft. The executive agency 
which makes payment to a private sector or other public sector 
organization for the aircraft is responsible for reporting cost and 
utilization data by specific aircraft for each type of mission 
performed.
    (f) Support services. The executive agency establishing the aviation 
support services agreement with service vendors is responsible for 
reporting associated data by agreement number, aircraft or service type, 
and vendor.
    (g) Senior Federal official and special category travel. Each 
executive agency is responsible for reporting travel by personnel 
transported on aircraft scheduled by that agency.



Sec. 101-37.504  Reports.

    Executive agencies will submit aviation management data using FAMIS 
structure format for automated reporting or appropriate forms. FAMIS 
data shall be submitted to the General Services Administration, Aircraft 
Management Division, Washington, DC 20406. Interagency report control 
number 0322-GSA-AN has been assigned to these reports. To the extent 
that information is protected from disclosure by statute, an agency is 
not required to furnish information otherwise required to be reported 
under this subpart.
    (a) Each executive agency will provide GSA with reports as changes 
occur for:
    (1) Facilities inventories. Additions, deletions, and changes shall 
be submitted using GSA Form 3549, Government-owned/leased Maintenance, 
Storage, Training, Refueling Facilities (per facility) or FAMIS file 
structures.
    (2) Aircraft inventories. Additions, deletions, and changes shall be 
submitted using GSA Form 3550, Government Aircraft Inventory (per 
aircraft) or FAMIS file structures. Any aircraft operated or held in a 
non-operational status, must be reported to FAMIS regardless of its 
ownership category.
    (3) Aviation support services cost data. This data will be submitted 
using GSA Form 3554, Aircraft Contract/Rental/Charter Support Services 
Cost Data Form or FAMIS file structures, as support service agreements 
become effective.
    (b) Each executive agency will provide GSA with reports annually on 
or before January 15 for the previous fiscal year ending September 30 
for:
    (1) Contract, rental, and charter aircraft cost and utilization 
data. Each form or FAMIS database record must contain only one aircraft 
for each type of mission performed. The data is submitted using GSA Form 
3551, Contract/Charter/Rental Aircraft Cost and Utilization or FAMIS 
file structures.
    (2) Government aircraft cost and utilization data. The cost and 
utilization information must be tracked by serial number and must 
reflect the actual use

[[Page 345]]

and expenditures incurred for each individual aircraft. These reports 
are to be submitted using GSA Form 3552, Government Aircraft Cost and 
Utilization or FAMIS file structures.
    (c) Each executive agency will provide GSA with a report 
semiannually on or before May 31 for the period October 1 through March 
30, and on or before November 30 for the period April 1 through 
September 30 for senior Federal official and special category travel. 
These reports are to be submitted using GSA Form 3641, Senior Federal 
Travel or FAMIS file structures. Executive agencies that did not 
transport any senior Federal officials or special category travelers 
during the relevant time frame must submit a written response that 
acknowledges the reporting requirements and states that they have no 
travel to report. For detailed explanation see Sec. 101-37.408.



Sec. 101-37.505  Aircraft used for sensitive missions.

    Inventory, cost, and utilization data submitted to GSA for agency 
aircraft dedicated to national defense, law enforcement, or interdiction 
missions will be safeguarded as specified in Sec. 101-37.506. GSA will 
not allow identification (registration number, serial number, etc.), 
location, or use patterns to be disclosed except as required under the 
Freedom of Information Act.



Sec. 101-37.506  Reporting requirements for law enforcement, national defense, or interdiction mission aircraft.

    Agencies using aircraft for law enforcement, national defense, or 
interdiction missions may use reporting provisions which provide for 
agency information protection as specified in paragraphs (a) and (b) of 
this section.
    (a) Undercover aircraft. Agencies operating undercover aircraft as 
defined in Sec. 101-37.100, will report to GSA all FAMIS data in 
accordance with Sec. 101-37.504, to include the registration number and 
serial number as reported to the Federal Aviation Administration (FAA), 
Office of Aircraft Registry.
    (b) Deep cover aircraft. Agencies operating deep cover aircraft as 
defined in Sec. 101-37.100, will report to GSA all FAMIS data in 
accordance with Sec. 101-37.504, except for that data requiring special 
handling by the FAA. Specific identifying data for those aircraft 
requiring special handling by the FAA will be reported as follows:
    (1) Special number data. Initially, agencies will supply the actual 
aircraft serial number with a unique code number. The code number will 
be used for all future data submissions. GSA will maintain the actual 
serial number and associated code in a secured file independent from all 
other FAMIS data. The secured file containing aircraft serial number 
data will not be printed or distributed.
    (2) Registration number data. Agencies will not submit registration 
number (FAA registration number) for deep cover aircraft.
    (3) Location data. Agencies will not submit location data.



 Subpart 101-37.6--Management, Use, and Disposal of Government Aircraft 
                                  Parts

    Source: 62 FR 43472, Aug. 14, 1997, unless otherwise noted.



Sec. 101-37.600  What does this subpart do?

    This subpart prescribes special policies and procedures governing 
the management, use, and disposal of Government-owned aircraft parts.



Sec. 101-37.601  What responsibilities does the owning/operating agency have in the management and use of Government aircraft parts?

    (a) The owning/operating agency is responsible for ensuring the 
continued airworthiness of an aircraft, including replacement parts. The 
owning/operating agency must ensure that replacement parts conform to an 
approved type design, have been maintained in accordance with applicable 
standards, and are in condition for safe operation.
    (b) In evaluating the acceptability of a part, the owning/operating 
agency should review the appropriate log books and historical/
maintenance records. The maintenance records must contain the data set 
forth in the latest version of Federal Aviation Administration (FAA) 
Advisory Circular 43-9. When the quality and origin of a part is

[[Page 346]]

questionable, the owning/operating agency should seek guidance from the 
local FAA Flight Standards District Office (FSDO) in establishing the 
part's airworthiness eligibility.



Sec. 101-37.602  Are there special requirements in the management, use, and disposal of military Flight Safety Critical Aircraft Parts (FSCAP)?

    (a) Yes. Any aircraft part designated by the Department of Defense 
as a FSCAP must be identified with the appropriate FSCAP Criticality 
Code which must be perpetuated on all documentation pertaining to such 
parts.
    (b) A military FSCAP may be installed on a FAA type-certificated 
aircraft holding either a restricted or standard airworthiness 
certificate, provided the part is inspected and approved for such 
installation in accordance with the applicable Federal Aviation 
Regulations.
    (c) If a FSCAP has no maintenance or historical records with which 
to determine its airworthiness, it must be mutilated and scrapped in 
accordance with Sec. 101-37.609. However, FSCAP still in its original 
unopened package, and with sufficient documentation traceable to the 
Production Approval Holder (PAH), need not be mutilated. Undocumented 
FSCAP with no traceability to either the original manufacturer or PAH 
must not be made available for transfer or donation. For assistance in 
the evaluation of FSCAP, contact the local FAA Flight Standards District 
Office (FSDO).



Sec. 101-37.603   What are the owning/operating agency's responsibilities in reporting excess Government aircraft parts?

    (a) The owning/operating agency must report excess aircraft parts to 
GSA in accordance with the provisions set forth in part 101-43 of this 
chapter. The owning/operating agency must indicate on the reporting 
document if any of the parts are life-limited parts and/or military 
FSCAP, and ensure that tags and labels, applicable historical data and 
maintenance records accompany these aircraft parts.
    (b) The owning/operating agency must identify excess aircraft parts 
which are unsalvageable according to FAA or DOD guidance, and ensure 
that such parts are mutilated in accordance with Sec. 101-37.609. The 
owning/operating agency should not report such parts to GSA.



Sec. 101-37.604  What are the procedures for transferring and donating excess and surplus Government aircraft parts?

    (a) Transfer and donate excess and surplus aircraft parts in 
accordance with part 101-43, Utilization of Personal Property, and part 
101-44, Donation of Personal Property.
    (b) Unsalvageable aircraft parts must not be issued for transfer or 
donation; they must be mutilated in accordance with Sec. 101-37.609.



Sec. 101-37.605  What are the receiving agency's responsibilities in the transfer or donation of excess and surplus Government aircraft parts?

    (a) The receiving agency must verify that all applicable labels and 
tags, and historical/modification records are furnished with the 
aircraft parts. The receiving agency must also ensure the continued 
airworthiness of these parts by following proper storage, protection and 
maintenance procedures, and by maintaining appropriate records 
throughout the life cycle of these parts.
    (b) The receiving agency must perpetuate the DOD-assigned 
Criticality Code on all property records of acquired military FSCAP. The 
receiving agency must ensure that flight use of military FSCAP on civil 
aircraft meets all Federal Aviation Regulation requirements.
    (c) The receiving agency must certify and ensure that when a 
transferred or donated part is no longer needed, and the part is 
determined to be unsalvageable, the part must be mutilated in accordance 
with Sec. 101-37.609 and properly disposed.



Sec. 101-37.606  What are the GSA approving official's responsibilities in transferring and donating excess and surplus Government aircraft parts?

    (a) The GSA approving official must review transfer documents of 
excess and surplus aircraft parts for completeness and accuracy, and 
ensure that the

[[Page 347]]

certification required in Sec. 101-37.605(c) is included in the transfer 
document.
    (b) The GSA approving official must also ensure the following 
statement is included on the SF123, Transfer Order Surplus Personal 
Property:

    ``Due to the critical nature of aircraft parts failure and the 
resulting potential safety threat, recipients of aircraft parts must 
ensure that any parts installed on a civil aircraft meet applicable 
Federal Aviation Administration Regulations, and that required 
certifications are obtained. The General Services Administration makes 
no representation as to a part's conformance with FAA requirements.''



Sec. 101-37.607  What are the State Agency's responsibilities in the donation of surplus Government aircraft parts?

    (a) The State Agency must review donation transfer documents for 
completeness and accuracy, and ensure that the certification provisions 
set forth in Sec. 101-37.605(c) is included in the transfer documents.
    (b) The State Agency must ensure that when a donated part is no 
longer needed, and the part is determined to be unsalvageable, the donee 
mutilates the part in accordance with Sec. 101-37.609.



Sec. 101-37.608  What are the responsibilities of the Federal agency conducting the sale of Government aircraft parts?

    (a) The Federal agency must sell Government aircraft parts in 
accordance with the provisions set forth in Part 101-45, Sale, 
Abandonment, or Destruction of Personal Property of this chapter.
    (b) The Federal agency must ensure that the documentation required 
pursuant to Sec. 101-37.603(a) accompanies the parts at the time of 
sale, and that sales offerings on aircraft parts contain the following 
statement:

    ``Purchasers are warned that the parts purchased herewith may not be 
in compliance with applicable Federal Aviation Administration 
requirements. Purchasers are not exempted from and must comply with 
applicable Federal Aviation Administration requirements. Purchasers are 
solely responsible for all FAA inspections and/or modifications 
necessary to bring the purchased items into compliance with 14 CFR (Code 
of Federal Regulations).''

    (c) The Federal agency must ensure that the following certification 
is executed by the purchaser and received by the Government prior to 
releasing such parts to the purchaser:

    ``The purchaser agrees that the Government shall not be liable for 
personal injuries to, disabilities of, or death of the purchaser, the 
purchaser's employees, or to any other persons arising from or incident 
to the purchase of this item, its use, or disposition. The purchaser 
shall hold the Government harmless from any or all debts, liabilities, 
judgments, costs, demands, suits, actions, or claims of any nature 
arising from or incident to purchase or resale of this item.''



Sec. 101-37.609  What are the procedures for mutilating unsalvageable aircraft parts?

    (a) Identify unsalvageable aircraft parts which require mutilation.
    (b) Mutilate unsalvageable aircraft parts so they can no longer be 
utilized for aviation purposes. Mutilation includes destruction of the 
data plate, removing the serial/lot/part number, and cutting, crushing, 
grinding, melting, burning, or other means which will prevent the parts 
from being misidentified or used as serviceable aircraft parts. Obtain 
additional guidance on the mutilation of unsalvageable aircraft parts in 
FAA AC No. 21-38, Disposition of Unsalvageable Aircraft Parts and 
Materials.
    (c) Ensure an authorized agency official witnesses and documents the 
mutilation, retain a signed certification and statement of mutilation.
    (d) If unable to perform the mutilation, turn in the parts to a 
Federal or Federally-approved facility for mutilation and proper 
disposition. Ensure that contractor performance is in accordance with 
the provisions of this part.
    (e) Ensure that mutilated aircraft parts are sold only as scrap.



Sec. 101-37.610  Are there special procedures for the exchange/sale of Government aircraft parts?

    Yes. Executive agencies may exchange or sell aircraft parts as part 
of a transaction to acquire similar replacement parts in accordance with 
FPMR part 101-46. In addition to the requirements of this subpart, 
agencies must ensure that the exchange/sale

[[Page 348]]

transaction is accomplished in accordance with the methods and 
procedures contained in part 101-46 of this chapter, and comply with the 
restrictions and limitations under Sec. 101-46.202 of this chapter.
    (a) Prior to the proposed exchange/sale, agencies should determine 
whether the parts identified for disposition are airworthy parts. For 
additional guidance refer to the applicable FAA Advisory Circular(s), or 
contact the local FAA FSDO.
    (b) At the time of exchange or sale, agencies must ensure that 
applicable labels and tags, historical data and modification records 
accompany the aircraft parts prior to release. The records must contain 
the information and content as required by current DOD and FAA 
requirements for maintenance and inspections.
    (c) Life limited parts that have reached or exceeded their life 
limits, or which have missing or incomplete documentation, must either 
be returned to the FAA production approval holder as part of an exchange 
transaction, or mutilated in accordance with Sec. 101-37.609.
    (d) Unsalvageable aircraft parts, other than parts in paragraph (c) 
of this section, must not be used for exchange/sale purposes; they must 
be mutilated in accordance with Sec. 101-37.609.

Subparts 101-37.7--101-37.10  [Reserved]



    Subpart 101-37.11--Aircraft Accident and Incident Reporting and 
                              Investigation

    Source: 63 FR 43638, Aug. 14, 1998, unless otherwise noted.



Sec. 101-37.1100  What are my general responsibilities for aircraft accident and incident reporting and investigation?

    You must:
    (a) Develop a Federal agency specific aircraft accident and incident 
response plan for your agency;
    (b) Be prepared to participate in National Transportation Safety 
Board (NTSB) investigations of Federal agency aircraft accident or 
incidents involving your agency;
    (c) Conduct a parallel investigation of an aviation accident/
incident involving your agency aircraft as appropriate;
    (d) Report any condition, act, maintenance problem, or circumstance 
which has potential to cause an aviation related mishap;
    (e) Provide training to your agency personnel who may be asked to 
participate in an NTSB investigation;
    (f) Assure that your reporting requirements are in compliance with 
the NTSB definitions contained in 49 CFR 830.2; and
    (g) Refer to 49 CFR part 830 for further details when required to 
report an aircraft accident, incident, or overdue aircraft to the NTSB.



Sec. 101-37.1101  What aircraft accident and incident response planning must I do?

    You must develop an agency specific aircraft accident and incident 
response plan which include the following:
    (a) Reporting aircraft accidents, incidents, and overdue or missing 
aircraft,
    (b) Wreckage site safety,
    (c) Wreckage security,
    (d) Evidence preservation, and
    (e) A point of contact list with current telephone numbers for fire, 
crash rescue, medical, and law enforcement support personnel and trained 
agency accident investigators.



Sec. 101-37.1102  When must I give initial notification of an aircraft accident, incident, or overdue aircraft?

    You must assure that the operator of any aircraft that is owned, 
leased, or under your exclusive use and operational control for more 
than 180 days immediately notifies the nearest NTSB field office when an 
accident or incident occurs.



Sec. 101-37.1103  What information must I give in an initial notification of an aircraft accident, incident, or overdue aircraft?

    You must assure that the notification contains the following 
information, if available:
    (a) Type and registration of the aircraft;
    (b) Name of the owning agency;
    (c) Name of the pilot-in-command;
    (d) Date and time of the accident;

[[Page 349]]

    (e) Last point of departure and the point of intended landing;
    (f) Position of the aircraft with reference to a geographical point;
    (g) Number of persons aboard, number fatally injured, and number 
seriously injured;
    (h) Nature of the accident, extent of damage, and the weather; and
    (i) A description of any explosives, radioactive materials, or any 
other dangerous substances carried on the aircraft.



Sec. 101-37.1104  What are my responsibilities for preserving aircraft wreckage, cargo, mail, and records resulting from aircraft accidents and incidents?

    You must assure that the operator of your aircraft is responsible 
for preserving to the extent possible any wreckage, cargo, and mail 
carried aboard the aircraft that was involved in an accident or 
incident. All records such as history data recordings of flight and 
maintenance information and voice recordings pertaining to the flight 
and all records pertaining to the operation and maintenance of the 
aircraft and to the airmen must be preserved until the NTSB takes 
custody. If items must be moved from the aircraft or the scene of the 
accident/incident for safety or health reasons, sketches, descriptive 
notes, or photographs should be made if possible of the original 
positions and conditions of items moved. If classified material is 
involved in an accident or incident, you must coordinate its protection 
and recovery with the National Transportation Safety Board as required 
by 49 CFR 830.10 and 831.12.



Sec. 101-37.1105  What must I report regarding an aircraft accident, incident, or overdue aircraft?

    You must assure that the operator of your aircraft files a report on 
NTSB Form 6120.1 or 7120.2 within 10 days after an accident, or after 7 
days if an overdue aircraft is still missing. A report involving a 
reportable incident shall be filed only if requested by the NTSB.



Sec. 101-37.1106  What must I do when the NTSB investigates an accident or incident involving my aircraft?

    You should request designation as ``party'' to the investigation in 
accordance with 49 CFR 831.11 and assist the NTSB to the maximum extent 
possible. The NTSB shall allow you to participate in any investigation, 
except that you may not participate in the NTSB's determination of the 
probable cause of the accident. You may conduct your own parallel 
investigation. You and the NTSB must exchange appropriate information 
obtained or developed in the course of the investigation(s) in a timely 
manner.



Sec. 101-37.1107  What must I do if I observe a condition, act, maintenance problem, or circumstance that has the potential to cause an aviation related mishap?

    You must report such observations to a senior aviation safety 
manager of your agency.



Sec. 101-37.1108  Why is it important that I be provided aircraft accident/incident related guidance in the form of this subpart, in addition to that found in 
          49 CFR parts 830 and 831?

    You may be excluded from some civil standards because of your unique 
operational and/or airworthiness requirements. Therefore, in addition to 
meeting the requirements found in 49 CFR parts 830 and 831, you must do 
the following: Make personnel who are knowledgeable about your missions 
and trained as aircraft accident investigators available to work with 
the NTSB. Develop accident and incident response plans. And understand 
that a parallel investigation may be conducted. Such teamwork will 
enhance both NTSB's and your aircraft accident investigation and 
prevention efforts.



Sec. 101-37.1109  What training must I have to participate in an NTSB investigation?

    You must be trained in aircraft accident investigation, 
reconstruction, and analysis. You must also receive aircraft accident 
investigation recurrency training and be familiar with NTSB accident 
investigation procedures.

[[Page 350]]



        Subpart 101-37.12--Federal Agency Aviation Safety Program

    Source: 59 FR 27486, May 27, 1994, unless otherwise noted.



Sec. 101-37.1200  General.

    (a) This subpart sets forth guidance to agencies for establishing 
aviation safety programs in accordance with the direction given to GSA 
in OMB Circular A-126, but the subpart is not binding on other agencies.
    (b) The aviation safety program objective is the safe accomplishment 
of the agency mission, and is a direct result of effective management 
which should include attention to detail sufficient to preclude the 
occurrence of an accident. Each agency should establish appropriate key 
management positions and define their responsibilities and 
qualifications. Agencies should ensure these positions are staffed with 
properly qualified personnel.



Sec. 101-37.1201  Applicability.

    As prescribed in this subpart 101-37.12, the requirement to develop 
and operate an aviation safety program which addresses all program 
facets including, but not limited to, flight, ground, and weapons 
environments, is applicable to all Federal aviation programs.



Sec. 101-37.1202  Agency aviation safety responsibilities.

    Agencies operating aviation programs are responsibilities for 
establishing and conducting a comprehensive aviation safety program. 
Agencies should appoint qualified aviation safety managers at both the 
national and operational program level.



Sec. 101-37.1203  Aviation safety manager qualifications.

    (a) Aviation safety manager positions may be full time or additional 
duty, based on program mission requirements. In general, an aviation 
safety manger should, regardless of management level:
    (1) Be knowledgeable in agency aviation program activities within 
his/her purview;
    (2) Have experience as a pilot, crew member, or in aviation 
operations management; and
    (3) Be a graduate of a recognized aviation safety officer or 
accident prevention course, or qualified within 1 year through 
attendance at formal courses(s) of instruction.
    (b) These standards should be used as a guide to ensure that 
qualified personnel are selected as safety managers. However, they do 
not supersede those job classifications prescribed by the Office of 
Personnel Management or other appropriate authority.



Sec. 101-37.1204  Program responsibilities.

    Agencies will ensure that policies, objectives, and standards are 
established and clearly defined to support an effective aviation 
accident prevention effort. The aviation safety manager should develop 
and implement an agency aviation safety program which integrates agency 
safety policy into aviation related activities.



Sec. 101-37.1205  Program elements.

    As a recommendation, aviation safety program elements should 
include, but not be limited to, the following:
    (a) Aviation safety council;
    (b) Inspections and evaluations;
    (c) Hazard reporting;
    (d) Aircraft accident and incident investigation;
    (e) Education and training;
    (f) Aviation protective equipment;
    (g) Aviation qualification and certification; and
    (h) Awards program.



Sec. 101-37.1206  Aviation safety council.

    (a) Each agency should establish aviation safety councils at the 
appropriate aircraft operations level. The purpose of the council is to 
promote safety by exchanging ideas, reviewing, and discussing hazard 
reports and accident and incident reports, and assessing the threat to 
safe operation inherent in mission operations plans. The council should 
function to recommend changes to agency policies, rules, regulations, 
procedures, and operations based upon such discussions, reviews, and 
assessments. The council should meet regularly and should consist, at a 
minimum, of those individuals within

[[Page 351]]

the organization responsible for the following areas:
    (1) Operations/mission planning;
    (2) Safety;
    (3) Aircrew training;
    (4) Maintenance; and
    (5) Aircrew scheduling.
    (b) Safety meetings for operations and maintenance personnel are 
used to increase the education and awareness of agency personnel 
regarding the hazards associated with aviation and to discuss mishap 
prevention. Meetings should be scheduled and conducted on a regular 
basis.



Sec. 101-37.1207  Inspections and evaluations.

    The purpose of any inspection or evaluation is to prevent aviation 
accidents and to foster aviation safety.
    (a) Each agency should establish and maintain an inspection and 
evaluation program for all aviation activities. All operational elements 
of the aviation activity should be regularly inspected and evaluated 
based on standardized criteria established by the agency. The purpose of 
this program is to ensure that the agency mission is being carried out 
in accordance with Federal and agency safety regulations and directives.
    (b) Records should be kept and will identify the function or work 
area involved, date(s), hazard(s) identified, and recommended corrective 
action(s). All agencies will ensure appropriate resolution and close-
out.



Sec. 101-37.1208  Hazard reporting.

    Each agency safety program should include an aviation hazard 
reporting and resolution tracking system. Hazards are identified as 
conditions, practices, or procedures that constitute an immediate or 
potential threat to the safe conduct of aviation operations and may be 
reported by any person. Reports may be submitted on any event, 
procedure, practice, or condition that adversely affects safety of 
aviation operations. Prompt resolution of hazards, by safety threat 
priority, should be the goal of the agency.



Sec. 101-37.1209  Aircraft accident and incident investigation and reporting.

    Each agency aviation safety program should have an aircraft accident 
and incident investigation and reporting capability (see subpart 101-
37.11).



Sec. 101-37.1210  Education and training.

    Each aviation operations program should develop and conduct aviation 
safety training within applicable OPM guidelines. Identification, 
development, and presentation of training needs that are unique to 
respective programs should be accomplished as required. Training 
frequency, duration, and currency requirements should be developed for 
each safety discipline, and should consist of initial and recurring 
training.



Sec. 101-37.1211  Aviation protective equipment.

    Each agency should establish an aviation protective equipment 
program. Such a program should ensure that all personnel flying aboard 
agency aircraft are equipped with, or have at their disposal, 
appropriate aviation life support equipment.



Sec. 101-37.1212  Aircrew qualification and certification.

    Minimum standards for aircraft operations are established by OPM 
Position Classification Series GS-2181. Agencies should periodically 
review operational requirements to establish or revise aircrew 
standards. Such standards should ensure that aircrew members meet the 
minimum qualification and certification necessary for the continued safe 
operation of aircraft.



Sec. 101-37.1213  Aircraft accident and incident database.

    Each agency should establish an aircraft accident and incident data 
collection system to support an effective aviation safety and accident 
prevention program. The database should include:
    (a) Owner and operator of the aircraft;
    (b) Federal Aviation Administration registration number or assigned 
tail number;
    (c) Aircraft make, model, and serial number;

[[Page 352]]

    (d) Location of occurrence;
    (e) Date of mishap (month/day/year);
    (f) Type of mishap, accident, or incident (see Sec. 101-37.1101, 
Definitions);
    (g) Estimated damage to the aircraft;
    (h) Type of injury; no injury, serious injury, or fatal injury (see 
Sec. 101-37.1101, Definitions);
    (i) Brief description of the circumstances; and
    (j) Name of the investigator as it appears on the factual report 
(see Sec. 101-37.1108).



Sec. 101-37.1214  Aviation safety awards program.

    Each agency should establish an aviation safety awards program to 
recognize individuals and organizations for exceptional acts or service 
in support of the organizational aviation safety program. Such a program 
should provide for awards in flight, ground, and weapons safety, if 
applicable.

Subpart 101-37.13  [Reserved]



                        Subpart 101-37.14--Forms



Sec. 101-37.1400  General.

    This subpart provides the necessary information to obtain forms 
prescribed or available for use in connection with the subject matter 
covered in part 101-37. These forms are designed to provide a uniform 
method of requesting and transmitting aviation management information 
and uniform documentation of transactions among Government agencies.



Sec. 101-37.1401  GSA forms availability.

    Copies of the forms identified in paragraphs (a) through (e) of this 
section may be obtained from the General Services Administration (FBX), 
Washington, DC 20406.
    (a) GSA Form 3549, Government-owned/Leased Maintenance, Storage, 
Training, Refueling Facilities (Per Facility).
    (b) GSA Form 3550, Government Aircraft Inventory (Per Aircraft).
    (c) GSA Form 3551, Contract/Rental/Charter Aircraft Cost and 
Utilization.
    (d) GSA Form 3552, Government Aircraft Cost and Utilization (Per 
Aircraft).
    (e) GSA Form 3554, Aircraft Contract, Rental/Charter and Support 
Services Cost Data Form.



PART 101-38--MOTOR VEHICLE MANAGEMENT--Table of Contents




    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

    Source: 64 FR 59593, Nov. 2, 1999, unless otherwise noted.



Sec. 101-38.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For motor vehicle management policy, see FMR part 34 (41 CFR part 
102-34).



PART 101-39--INTERAGENCY FLEET MANAGEMENT SYSTEMS--Table of Contents




Sec.
101-39.000  Scope of part.

                  Subpart 101-39.0--General Provisions

101-39.001  Authority.
101-39.002  Applicability.
101-39.003  Financing.
101-39.004  Optional operations.

  Subpart 101-39.1--Establishment, Modification, and Discontinuance of 
                  Interagency Fleet Management Systems

101-39.100  General.
101-39.101  Notice of intention to begin a study.
101-39.101-1  Agency cooperation.
101-39.102  Determinations.
101-39.102-1  Records, facilities, personnel, and appropriations.
101-39.102-2  Effective date of determination.
101-39.103  Agency appeals.
101-39.104  Notice of establishment of a fleet management system.
101-39.104-1  Consolidations into a fleet management system.
101-39.104-2  Reimbursement.
101-39.105  Discontinuance or curtailment of service.
101-39.105-1  Transfers from discontinued or curtailed fleet management 
          systems.
101-39.105-2  Agency requests to withdraw participation.
101-39.106  Unlimited exemptions.
101-39.107  Limited exemptions.

[[Page 353]]

   Subpart 101-39.2--GSA Interagency Fleet Management System Services

101-39.200  Scope.
101-39.201  Services available.
101-39.202  Contractor authorized services.
101-39.203  Obtaining motor vehicles for short-term use.
101-39.203-1  Obtaining motor vehicles while on temporary duty (TDY) 
          travel.
101-39.204  Obtaining motor vehicles for indefinite assignment.
101-39.205  [Reserved]
101-39.206  Seasonal or unusual requirements.
101-39.207  Reimbursement for services.
101-39.208  Vehicles removed from defined areas.

   Subpart 101-39.3--Use and Care of GSA Interagency Fleet Management 
                             System Vehicles

101-39.300  General.
101-39.301  Utilization guidelines.
101-39.302  Rotation.
101-39.303  Maintenance.
101-39.304  Modification or installation of accessory equipment.
101-39.305  Storage.
101-39.306  Operator's packet.
101-39.307  Grounds for withdrawal of vehicle.

                 Subpart 101-39.4--Accidents and Claims

101-39.400  General.
101-39.401  Reporting of accidents.
101-39.402  Recommendations for disciplinary action.
101-39.403  Investigations.
101-39.404  Claims in favor of the Government.
101-39.405  Claims against the Government.
101-39.406  Responsibility for damages.
101-39.407  Accident records.

Subparts 101-39.5--101-39.48  [Reserved]

                        Subpart 101-39.49--Forms

101-39.4900  Scope of subpart.
101-39.4901  Obtaining standard and optional forms.

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

    Source: 51 FR 11023, Apr. 1, 1986, unless otherwise noted.



Sec. 101-39.000  Scope of part.

    This part prescribes policies governing the establishment and 
operation of interagency fleet management systems and operating 
procedures applicable to the General Services Administration (GSA) 
Interagency Fleet Management System.

[56 FR 59887, Nov. 26, 1991]



                  Subpart 101-39.0--General Provisions



Sec. 101-39.001  Authority.

    Section 211 of the Federal Property and Administrative Services Act 
of 1949, as amended, (40 U.S.C. 491), requires that the Administrator of 
General Services will, to the extent that he determines that so doing is 
advantageous to the Government in terms of economy, efficiency, or 
service, and after consultation with, and with due regard to the program 
activities of the agencies concerned, (a) consolidate, take over, 
acquire, or arrange for the operation by any executive agency of motor 
vehicles and other related equipment and supplies for the purpose of 
establishing fleet management systems to serve the needs of executive 
agencies; and (b) provide for the establishment, maintenance, and 
operation (including servicing and storage) of fleet management systems 
for transportation of property or passengers, and for furnishing such 
motor vehicles and related services to executive agencies. The exercise 
of this authority is subject to regulations issued by the President, 
which are set forth in Executive Order 10579, dated November 30, 1954.



Sec. 101-39.002  Applicability.

    The regulations in this part apply to all executive agencies of the 
Federal Government to the extent provided in the Act.



Sec. 101-39.003  Financing.

    (a) Section 211(d) of the Federal Property and Administrative 
Services Act, 1949, as amended, provides that the General Supply Fund, 
provided for in section 109 of the Act, shall be available for use by or 
under the direction and control of the Administrator of General Services 
for paying all elements of cost incident to the establishment, 
maintenance, and operation of fleet management systems.

[[Page 354]]

    (b) When an agency other than GSA operates an interagency fleet 
management system, the financing and accounting methods shall be 
developed by GSA in cooperation with the agency concerned.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59887, Nov. 26, 1991]



Sec. 101-39.004  Optional operations.

    Nothing in this part shall preclude the establishment or operation 
of interagency fleet management systems by GSA or by other agencies 
which are to be operated on the basis of optional use by executive or 
other agencies under arrangements worked out between the agencies 
concerned and GSA.

[56 FR 59887, Nov. 26, 1991]



  Subpart 101-39.1--Establishment, Modification, and Discontinuance of 
                  Interagency Fleet Management Systems



Sec. 101-39.100  General.

    GSA will conduct studies of the operation and costs of motor vehicle 
and motor vehicle services in selected geographical areas to determine 
the advisability of establishing fleet management systems.
    (a) Based on these studies, the Administrator of General Services, 
with the assistance of the affected agencies, shall develop necessary 
data and cost statistics for use in determining the feasibility of 
establishing a fleet management system in the geographical area studied.
    (b) If the Administrator, GSA, determines that a fleet management 
system shall be established, a formal determination is prepared to that 
effect.
    (c) In the event the Administrator, GSA, decides that the 
establishment of a fleet management system is not feasible, the head of 
each agency concerned will be notified.
    (d) In the making of determinations for the establishment of fleet 
management systems, the Administrator, GSA, will, to the extent 
consistent with the provisions of section 1(b) of Executive Order 10579, 
observe the policies outlined in the Office of Management and Budget 
(OMB) Circular A-76, for the utilization of commercial facilities.
    (e) Except as provided in this subpart, all Government motor 
vehicles subsequently acquired for official purposes by fully 
participating agencies which are stored, garaged, or operated within the 
defined mandatory use service area of a fleet management system shall 
also be consolidated into and operated under the control of that system.
    (f) Fleet management systems established under this subpart provide 
for furnishing motor vehicles and related services to executive 
agencies. So far as practicable, these services will also be furnished 
to any mixed-ownership corporation, the District of Columbia, or a 
contractor authorized under the provisions of Federal Acquisition 
Regulation, 48 CFR part 51, subpart 51.2, upon request. Such services 
may be furnished, as determined by the Administrator, GSA, through the 
use, under rental or other arrangements, of motor vehicles of private 
fleet operators, commercial companies, local or interstate common 
carriers, or Government-owned motor vehicles, or combinations thereof.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59887, Nov. 26, 1991]



Sec. 101-39.101  Notice of intention to begin a study.

    The Administrator, GSA, will ascertain the possibilities of 
economies to be derived through the establishment of a fleet management 
system in a specific geographical area. After preliminary investigation, 
he or she will notify the head of each agency concerned at least 30 
calendar days in advance of the intent to conduct a study to develop 
data and justification as to the feasibility of establishing a fleet 
management system. The notification, in writing, will include:
    (a) The approximate geographical area to be included in the study, 
including a defined mandatory use service area and an optional use 
service area; and
    (b) The date on which the study will begin.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59887, Nov. 26, 1991]

[[Page 355]]



Sec. 101-39.101-1  Agency cooperation.

    (a) As provided by Executive Order 10579, the head of each executive 
agency receiving notice that GSA will conduct a study will designate 
representatives with whom members of the GSA staff may consult and who 
will furnish information and assistance to the GSA staff, including 
reasonable opportunities to observe motor vehicle operations and 
facilities and to examine pertinent cost and other records. Such 
information shall include the inventory, management, operation, 
maintenance, and storage of motor vehicles, motor vehicle facilities, 
and motor vehicle services in the area, including location, use, need, 
cost, and personnel involved.
    (b) In the absence of recorded information, GSA will assist in 
preparing agency estimates, if requested, or will develop the necessary 
data.



Sec. 101-39.102  Determinations.

    Each determination to establish a fleet management system will 
include:
    (a) A description of the proposed operation (including Government-
owned vehicles operated by contractors) covering the types of service 
and the geographic area (including the defined mandatory and optional 
use service areas) and executive agencies or parts of agencies to be 
served;
    (b) The name of the executive agency designated to be responsible 
for operating the fleet management system and the reason for such 
designation;
    (c) A statement indicating the motor vehicles and related equipment 
and supplies to be transferred and the amount of reimbursement, if any, 
to be made; and
    (d) An analytical justification to accompany each determination, 
including a comparison of estimated costs of the present and proposed 
methods of operation, an estimate of the savings to be realized through 
the establishment of the proposed fleet management system, a description 
of the alternatives considered in making the determination, a statement 
concerning the availability of privately owned facilities and equipment, 
and the feasibility and estimated cost (immediate and long-term) of 
using such facilities and equipment.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59887, Nov. 26, 1991]



Sec. 101-39.102-1  Records, facilities, personnel, and appropriations.

    (a) If GSA decides to establish a fleet management system, GSA, with 
the assistance of the agencies concerned, will prepare and present to 
the Director, OMB, a schedule of those records, facilities, personnel, 
and appropriations, if any, that are proposed for transfer to the fleet 
management system. The Director, OMB, will determine the records, 
facilities, personnel, and appropriations, if any, to be transferred.
    (b) The Administrator of General Services will furnish a copy of 
each determination, with a copy of the schedule of proposed transfer of 
motor vehicles, records, facilities, personnel, and appropriations, to 
the Director, OMB, and to each agency affected.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59887, Nov. 26, 1991]



Sec. 101-39.102-2  Effective date of determination.

    Unless a longer time is allowed, any determination made by the 
6Administrator, GSA, shall become binding on all affected executive 
agencies 45 calendar days after issuance, except with respect to any 
agency which appeals or requests an exemption from any determination in 
accordance with Sec. 101-39.103.



Sec. 101-39.103  Agency appeals.

    (a) Any executive agency may appeal or request exemption from any or 
all proposals affecting it which are contained in a determination. 
Appeals shall be submitted, in writing, within 45 calendar days from the 
date of the determination to the Director, OMB, with a copy to the 
Administrator of GSA. Appeals shall be accompanied by factual and 
objective supporting data and justification.
    (b) The Director, OMB, will review any determination which an 
executive agency has appealed and will make a final decision on that 
appeal. The Director, OMB, will decide within 75 calendar days after he 
or she receives the

[[Page 356]]

appeal, or as soon thereafter as practicable, on the basis of 
information contained in GSA's determination, the executive agency 
appeal, and any supplementary data submitted by GSA and the contesting 
agency. The Director, OMB, will send copies of decisions to GSA and to 
the heads of other executive agencies concerned.
    (c) With reference to each appeal, the decision of the Director, 
OMB, if he or she holds that the GSA's determination shall apply in 
whole or in part to the appealing agency, will state the extent to which 
the determination applies and the effective date of its application. To 
the extent that the decision on an appeal does not uphold GSA's 
determination the, determination will be of no force and effect.



Sec. 101-39.104  Notice of establishment of a fleet management system.

    GSA will inform each affected agency of the time schedule for 
establishment of a fleet management system and of the agency's 
responsibility for transferring personnel, motor vehicles, maintenance, 
storage and service facilities, and other involved property. 
Arrangements will be made for discussions at the local level between the 
agencies concerned and the agency responsible for operating the fleet 
management system in order to work out any problems pertaining to 
establishing and operating fleet management systems.



Sec. 101-39.104-1  Consolidations into a fleet management system.

    (a) All Government-owned motor vehicles acquired by executive 
agencies for official purposes which are operated, stored, or garaged 
within a defined mandatory use service area of an established fleet 
management system and other related equipment and supplies shall, when 
requested by the Administrator, GSA, in accordance with a determination, 
be transferred to the control and the responsibility of the fleet 
management system. Those vehicles specifically exempt by:
    (1) Section 101-39.106 and Sec. 101-39.107,
    (2) In the determination establishing the fleet management system,
    (3) A subsequent determination by the Administrator, GSA, or
    (4) The decision of the Director, OMB,

are not required to be transferred into the fleet management system. 
Facilities, personnel, records, and appropriations, as determined by the 
Director, OMB, pursuant to Sec. 101-39.102-1, shall be included in the 
transfer.
    (b) Transfers of Government-owned motor vehicles to the control and 
responsibility of the fleet management system shall be accomplished with 
transfer forms of the transferring agency or forms furnished by GSA. 
Each transferring agency shall:
    (1) Prepare a transfer document listing each vehicle to be 
transferred;
    (2) Forward a signed copy to the Controller, Federal Supply Service, 
GSA;
    (3) Furnish two copies of the transfer document to the fleet 
management system receiving the vehicles; and
    (4) Forward an additonal copy of the transfer document to the fleet 
management system, when a signed receipt is required by the transferring 
agency.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59887, Nov. 26, 1991]



Sec. 101-39.104-2  Reimbursement.

    Reimbursement for the motor vehicles and related equipment and 
supplies acquired by agencies through expenditure made from and not 
previously reimbursed to any revolving or trust fund authorized by law, 
shall be made by GSA in an amount equal to the fair market value of the 
vehicle, equipment, or supplies so taken over, as required by law (40 
U.S.C. 491(g)).



Sec. 101-39.105  Discontinuance or curtailment of service.

    (a) If, during any reasonable period not exceeding 2 successive 
fiscal years, no economies or efficiencies are realized from the 
operation of any fleet management system, the Administrator, GSA, will 
discontinue the fleet management system concerned.
    (b) The Administrator, GSA, may discontinue or curtail a fleet 
management system when he or she determines that sufficient economies or 
efficiencies have not resulted from the operation of that fleet 
management system. The Administrator, GSA, will give at least 60 
calendar days notice of his or her intent to the heads of executive 
agencies

[[Page 357]]

affected and to the Director, OMB, before taking action.

[56 FR 59888, Nov. 26, 1991]



Sec. 101-39.105-1  Transfers from discontinued or curtailed fleet management systems.

    When a fleet management system is discontinued or curtailed, 
transfers of vehicles and related equipment and supplies, personnel, 
records, facilities, and funds as may be appropriate will be made, 
subject to the approval of the Director, OMB. Reimbursement for motor 
vehicles and related equipment and supplies acquired by GSA through 
expenditure made from, and not previously reimbursed to the General 
Supply Fund, or any revolving or trust fund authorized by law, shall be 
made by the agency receiving the motor vehicles and related equipment 
and supplies in an amount equal to the fair market value, as required by 
law (40 U.S.C. 491(g)).



Sec. 101-39.105-2  Agency requests to withdraw participation.

    (a) Executive agencies receiving motor vehicle services from fleet 
management systems may request discontinuance or curtailment of their 
participation after 1 year of participation, unless a different time 
period has been mutually agreed to, or if the need for these services 
ceases. Requests shall be submitted to the Administrator, GSA, with 
factual justification.
    (b) If the Administrator, GSA, does not agree with these requests 
and is unable to make arrangements which are mutually acceptable to GSA 
and the agency concerned, the agency's request for discontinuance or 
modification and the explanation of the Administrator, GSA, denying the 
request will be forwarded to the Director, OMB, who will make the final 
and binding decision.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59888, Nov. 26, 1991]



Sec. 101-39.106  Unlimited exemptions.

    Unlimited exemptions from inclusion in the fleet management system 
are granted to the specific organizational units or activities of 
executive agencies listed below. Unlimited exemptions do not preclude 
agencies from requesting fleet management services, if available, under 
optional use arrangements. Such optional use services must be authorized 
under the provisions of Executive Order 10579 and 40 U.S.C. 472.
    (a) Any motor vehicle regularly used by an agency in the performance 
of investigative, law enforcement, or intelligence duties if the head of 
that agency or designee makes a determination, in writing (a copy of 
which shall be forwarded to the Administrator of General Services), that 
the exclusive control of such vehicles is essential to the effective 
performance of those duties. Vehicles regularly used for common 
administrative purposes not directly connected with the performance of 
law enforcement, investigative, or intelligence duties shall not be 
exempted from inclusion.
    (b) Motor vehicles designed or used for military field training, 
combat, or tactical purposes, or used principally within the confines of 
a regularly established military installation.
    (c) Any motor vehicle exempted from the display of conspicuous 
identification by the Administrator, GSA, when identification as a 
Government vehicle would interfere with the purpose for which it is 
acquired and used.
    (d) Unless inclusion is mutually agreed upon by the Administrator, 
GSA, and the head of the agency concerned:
    (1) Motor vehicles for the use of the heads of the executive 
agencies, ambassadors, ministers, charges d`affaires, and other 
principal diplomatic and consular officials.
    (2) Motor vehicles regularly and principally used for the 
transportation of diplomats and representatives of foreign countries or 
by officers of the Department of State for the conduct of official 
business with representatives of foreign countries.
    (3) Motor vehicles regularly used by the United States Postal 
Service for the distribution and transportation of mail.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59888, Nov. 26, 1991]



Sec. 101-39.107  Limited exemptions.

    The Administrator, GSA, may exempt those vehicles which, because of

[[Page 358]]

their design or the special purposes for which they are used, cannot, 
advantageously be incorporated in the fleet management system, if the 
exemption has been mutually agreed upon by the Administrator and the 
head of the executive agency concerned. Limited exemption will normally 
be restricted to:
    (a) Special-purpose motor vehicles. Motor vehicles acquired for 
special purposes and which, because of special design, use, or fixed 
special equipment, cannot advantageously be included in a consolidated 
operation; or
    (b) Motor vehicles operated outside the defined geographical area of 
the fleet management system. Motor vehicles which are operated almost 
entirely outside the defined mandatory use area of the fleet management 
system.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59888, Nov. 26, 1991]



   Subpart 101-39.2--GSA Interagency Fleet Management System Services



Sec. 101-39.200  Scope.

    This subpart defines the procedures for acquiring motor vehicles and 
related services provided by the General Services Administration (GSA) 
Interagency Fleet Management System (IFMS). Local transportation 
services for Government personnel and property may be provided by the 
GSA IFMS to efficiently meet the authorized requirements of 
participating agencies. These services may be furnished through 
commercial rental companies, private sector fleet operators, local or 
interstate common carriers, the Government, or a combination of the 
above.

[56 FR 59888, Nov. 26, 1991]



Sec. 101-39.201  Services available.

    GSA Interagency Fleet Management System (IFMS) vehicles and services 
shall be used in connection with official business and incidental use as 
prescribed by rule by the head of the agency in conformance with section 
503 of the Ethics Reform Act of 1989 (Pub. L. 101-194) only. Available 
GSA IFMS services may include any or all of the following:
    (a) Motor vehicles for indefinite assignment;
    (b) Commercial motor vehicles for daily or short-term use, exclusive 
of temporary duty requirements;
    (c) GSA IFMS dispatch vehicles for short-term use, where available. 
This service is generally limited to locations where there is no 
commercial alternative;
    (d) Shuttle run or similar services;
    (e) Driver services; and
    (f) Other related services, including servicing, fueling, and 
storage of motor vehicles.

[56 FR 59888, Nov. 26, 1991]



Sec. 101-39.202  Contractor authorized services.

    (a) Authorized contractors and subcontractors shall use related GSA 
Interagency Fleet Management System (IFMS) services solely for official 
purposes.
    (b) To the extent available, authorized contractors and 
subcontractors may use GSA IFMS services on a reimbursable basis to 
provide maintenance, repair, storage, and service station services for 
Government-owned or -leased equipment which is not controlled by a GSA 
IFMS fleet management center, or for authorized contractor-owned or -
leased equipment used exclusively in the performance of Government 
contracts.
    (c) Contractor use of GSA IFMS services will be allowable only to 
the extent provided in Federal Acquisition Regulation, 48 CFR part 51, 
subpart 51.2.
    (d) Use of GSA IFMS vehicles in the performance of a contract other 
than a cost-reimbursement contract requires preapproval by the 
Administrator of GSA. Such requests shall be submitted through the 
Director, Fleet Management Division, GSA, Attn: FBF, Washington, DC 
20406.

[56 FR 59888, Nov. 26, 1991]



Sec. 101-39.203  Obtaining motor vehicles for short-term use.

    Any participating Federal agency, bureau, or activity may obtain 
vehicles for short-term local use through the GSA Interagency Fleet 
Management

[[Page 359]]

System (IFMS). Short-term use vehicles may be provided through Military 
Traffic Management Command (MTMC) agreements with commercial firms or, 
where available, through GSA IFMS dispatch services. This support is 
available for official use performed locally or within commuting 
distance of an employee's designated post of duty. Arrangements for 
these vehicles will be made by the GSA IFMS fleet management center 
serving the local area. The requesting agency official or employee must 
be authorized to place orders for vehicle support and provide a complete 
billing address and GSA billed office address code (BOAC) at the time an 
order is placed. Agencies requiring a BOAC may obtain one by contacting 
any General Services Administration IFMS fleet management center.

[56 FR 59888, Nov. 26, 1991]



Sec. 101-39.203-1  Obtaining motor vehicles while on temporary duty (TDY) travel.

    Federal employees on TDY requiring short-term use of vehicles in the 
destination area shall obtain service directly from the appropriate 
sources listed in the Federal Travel Directory (available from the 
Superintendent of Documents, Government Printing Office, Washington, DC 
20402).



Sec. 101-39.204  Obtaining motor vehicles for indefinite assignment.

    Motor vehicles and related services of the GSA Interagency Fleet 
Management System (IFMS) are provided to requesting agencies under the 
following procedures. When competing requests are received, priority 
will be given to a fully participating agency over an other than fully 
participating agency.
    (a) Federal agencies or parts thereof that meet the following 
conditions are considered fully participating:
    (1) All agency-owned motor vehicles have been consolidated into the 
supporting GSA IFMS fleet management center, and no agency-owned 
vehicles, with the exception of approved exemptions, are operated in the 
defined mandatory use service area of the supporting GSA fleet 
management center;
    (2) No vehicles were available to consolidate, but total reliance is 
placed on the supporting GSA IFMS fleet management center or the GSA 
IFMS as a whole to meet all motor vehicle requirements, and no agency-
owned vehicles are operated in the defined mandatory use service area of 
the supporting GSA fleet management center;
    (3) The agency would otherwise qualify under paragraph (a) (1) or 
(2) of this section but has been authorized by GSA to purchase or 
commercially lease motor vehicles because the GSA IFMS was unable to 
supply its requirements.
    (b) Fully participating agencies may request indefinite assignment 
of vehicles, regardless of number, from the supporting IFMS fleet 
management center. Assignment may be made at that level, subject to 
availability. If the required vehicles are not available, a written 
request shall be sent to the General Services Administration, Attn: FBF, 
Washington, DC, 20406. To be considered, the request shall include the 
following:
    (1) Certification that concurrence has been obtained from the 
designated agency fleet manager or other designated headquarters-level 
official and that other means of transportation are not feasible or 
cost-effective;
    (2) The number and types of vehicles required, of which passenger 
vehicles are limited to compact or smaller unless the agency head or 
designee has certified that larger vehicles are essential to the 
agency's mission;
    (3) Location where the vehicles are needed;
    (4) Date required, including earliest and latest acceptable dates;
    (5) Anticipated length of assignment;
    (6) Projected utilization, normally in terms of miles per month or 
year;
    (7) Certification of funding;
    (8) Billing address and billed office address code (BOAC);
    (9) Agency contact, including name, address, and telephone number;
    (10) Office, program, or activity requiring the vehicles;
    (11) A statement that the agency does or does not request authority 
to commercially lease, and the anticipated duration of the lease, should 
GSA be unable to provide the vehicles.
    (c) Federal agencies that meet the following conditions are 
considered other than fully participating:

[[Page 360]]

    (1) Vehicles have been acquired from other sources for reasons other 
than the inability of the GSA IFMS to supply the required vehicles, 
except those designated as exempt vehicles as determined by the GSA 
IFMS;
    (2) Cost reimbursable contractors authorized to utilize GSA IFMS 
motor vehicles when they represent participating agencies;
    (3) Other authorized users of the GSA IFMS.
    (d) Other than fully participating agencies must contact the 
supporting GSA IFMS fleet management center to ascertain vehicle 
availability, regardless of the number required. If the vehicles are 
available, assignment shall be made. When the supporting GSA IFMS fleet 
management center determines that the requested vehicles are not 
available, the requesting activity shall make a record of contact to 
document compliance with the mandatory first source of supply 
requirement. No further authorizations from GSA are required for the 
agency to execute a commercial lease from sources established by the GSA 
Automotive Commodity Center or the agency, provided that such agency has 
Congressional authority to lease motor vehicles and:
    (1) All applicable procurement regulations (e.g., Federal 
Acquisition Regulation (FAR)) and internal agency acquisition 
regulations are observed;
    (2) The requirements of part 101-38 of this chapter regarding fuel 
economy, Government identification and marking, etc., are adhered to;
    (3) The agency fleet manager or designee retains responsibility for 
fleet oversight and reporting requirements under Public Law 99-272; and
    (4) Other than fully participating agencies that choose not to 
commercially lease may utilize the procedures for full participants in 
paragraph (b) of this section, on the understanding that fully 
participating agencies will receive priority consideration.

[56 FR 59888, Nov. 26, 1991]



Sec. 101-39.205  [Reserved]



Sec. 101-39.206  Seasonal or unusual requirements.

    Agencies or activities having seasonal, peak, or unusual 
requirements for vehicles or related services shall inform the GSA IFMS 
fleet management center as far in advance as possible. Normally, notice 
shall be given not less than 3 months in advance of the need. Requests 
for vehicles for other than indefinite assignment will usually be filled 
for agencies participating fully with the GSA IFMS, provided resources 
permit. Other than fully participating agencies will normally not be 
accommodated for seasonal, peak, or unusual vehicle requirements.

[56 FR 59889, Nov. 26, 1991]



Sec. 101-39.207  Reimbursement for services.

    (a) GSA Regional Administrators will issue, as appropriate, regional 
bulletins announcing the GSA vehicle rental rates applicable to their 
respective regions.
    (b) The using agency will be billed for GSA Interagency Fleet 
Management System (IFMS) services provided for under this part at rates 
fixed by GSA. Such rates are designed to recover all GSA IFMS fixed and 
variable costs. Rates will be reviewed and revised periodically to 
determine that reimbursement is sufficient to recover applicable costs. 
Failure by using agencies to reimburse GSA for vehicle services will be 
cause for GSA to terminate motor vehicle assignments.
    (c) IFMS services provided to authorized Government contractors and 
subcontractors will be billed to the responsible agency unless such 
agency requests that the contractor be billed directly. In case of 
nonpayment by a contractor, GSA will bill the responsible agency which 
authorized the contractor's use of GSA IFMS services.
    (d) Using agencies will be billed for accidents and incidents as 
described in Sec. 101-39.406. Agencies may also be charged 
administrative fees when vehicles are not properly maintained, repaired, 
or when the vehicle is subject to abuse or neglect.
    (e) Agencies may be charged for recovery of expenses for repairs or 
services to GSA IFMS vehicles which are not authorized by the GSA IFMS 
either through preventive maintenance notices, approval from a GSA 
Maintenance Control Center, or approval from a GSA fleet management 
center, per

[[Page 361]]

instructions in the operator's guide issued with each vehicle. Excess 
costs relating to the failure to utilize self-service gasoline pumps or 
the unnecessary use of premium grade gasoline may also be recovered from 
using agencies (see Sec. 101-38.401-2 of this chapter).

[56 FR 59889, Nov. 26, 1991]



Sec. 101-39.208  Vehicles removed from defined areas.

    (a) Normally, vehicles shall not be permanently operated outside the 
geographical area served by the issuing GSA IFMS fleet management 
center. However, when agency programs necessitate vehicle relocation for 
a period exceeding 90 calendar days, the agency shall notify the issuing 
GSA IFMS fleet management center of the following:
    (1) The location at which the vehicles are currently in use;
    (2) The date the vehicles were moved to the present location; and
    (3) The expected date the vehicles will be returned to the original 
location.
    (b) When vehicles will be permanently relocated outside the area 
served by the issuing GSA IFMS fleet management center, the affected GSA 
IFMS fleet manager will ascertain if the using agency is fully 
participating at the new location (see Sec. 101-39.204). If this 
criterion is met, the vehicle will normally be transferred to the GSA 
IFMS fleet management center nearest the new location. If the agency is 
other than a full participant, the transfer will be treated as a request 
for additional vehicles at the new location.

[56 FR 59890, Nov. 26, 1991]



   Subpart 101-39.3--Use and Care of GSA Interagency Fleet Management 
                             System Vehicles



Sec. 101-39.300  General.

    (a) The objective of the General Services Administration (GSA) 
Interagency Fleet Management System (IFMS) is to provide efficient and 
economical motor vehicle and related services to participating agencies. 
To attain this objective, policies and procedures for use and care of 
GSA IFMS vehicles provided to an agency or activity are prescribed in 
this subpart.
    (b) To operate a motor vehicle furnished by the GSA IFMS, civilian 
employees of the Federal Government shall have a valid State, District 
of Columbia, or Commonwealth operator's license for the type of vehicle 
to be operated and some form of agency identification. Non-Government 
personnel, such as contractors, shall have a valid license for the type 
of equipment to be operated when using vehicles supplied by the GSA IFMS 
(this may include a Commercial Driver's License). All other vehicle 
operators, and Federal civilian employees that have a valid civilian 
operator's license, but not for the type of equipment to be operated, 
must have in their possession an Optional Form 346, U.S. Government 
Motor Vehicle Operator's Identification Card, for the type of equipment 
to be operated. Specific regulations covering procedures and 
qualifications of Government motor vehicle operators are contained in 5 
CFR part 930, issued by the Office of Personnel Management.
    (c) To operate a motor vehicle furnished by GSA, drivers and 
occupants shall wear safety belts whenever the vehicle is in operation. 
The vehicle operator shall ensure that all vehicle occupants are wearing 
their safety belts prior to operating the vehicle.
    (d) The use of tobacco products is prohibited in GSA IFMS motor 
vehicles. The agency to which the vehicle is assigned is responsible for 
ensuring that its employees do not use tobacco products while occupying 
IFMS vehicles. If a user agency violates this prohibition, the agency 
will be charged for the cost of cleaning the affected vehicle(s) beyond 
normal detailing procedures to remove tobacco odor or residue or 
repairing damage caused as a result of tobacco use. The decision to 
perform such additional cleaning or repair will be made by the GSA fleet 
manager based upon the condition of the vehicle when assigned, the 
degree of tobacco residue and damage, and the cost effectiveness of such 
additional cleaning.
    (e) Reasonable diligence in the care of GSA IFMS vehicles shall be 
exercised by using agencies and operators

[[Page 362]]

at all times. Officials or employees failing to take proper care of 
motor vehicles issued to them may be refused further authorization to 
use GSA IFMS vehicles after reasonable notice has been provided by GSA 
to the head of the local activity concerned.

[56 FR 59890, Nov. 26, 1991, as amended at 58 FR 63532, Dec. 2, 1993]



Sec. 101-39.301  Utilization guidelines.

    An agency must be able to justify a full-time vehicle assignment. 
The following guidelines may be employed by an agency requesting GSA 
Interagency Fleet Management System (IFMS) services. Other utilization 
factors, such as days used, agency mission, and the relative costs of 
alternatives to a full-time vehicle assignment, may be considered as 
justification where miles traveled guidelines are not met.
    (a) Passenger-carrying vehicles. The utilization guidelines for 
passenger-carrying vehicles are a minimum of 3,000 miles per quarter or 
12,000 miles per year.
    (b) Light trucks and general purpose vehicles. The utilization 
guidelines for light trucks and general purpose vehicles are as follows:
    (1) Light trucks and general purpose vehicles, 12,500 lbs. Gross 
Vehicle Weight Rating (GVWR) and under--10,000 miles per year.
    (2) Trucks and general purpose vehicles, over 12,500 lbs. GVWR to 
24,000 lbs. GVWR--7,500 miles per year.
    (c) Heavy trucks and truck tractors. The utilization guidelines for 
heavy trucks and truck tractors are as follows:
    (1) Heavy trucks and general purpose vehicles over 24,000 lbs. 
GVWR--7,500 miles per year.
    (2) Truck tractors--10,000 miles per year.
    (d) Other trucks and special purpose vehicles. Utilization 
guidelines for other trucks and special purpose vehicles have not been 
established. However, the head of the local office of the agency or his/
her designee shall cooperate with GSA IFMS fleet management center 
personnel in studying the use of this equipment and take necessary 
action to ensure that it is reasonably utilized or returned to the 
issuing GSA IFMS fleet management center.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59890, Nov. 26, 1991; 58 
FR 63533, Dec. 2, 1993]



Sec. 101-39.302  Rotation.

    GSA Interagency Fleet Management System (IFMS) vehicles on high 
mileage assignments may be rotated with those on low mileage assignments 
to assure more uniform overall fleet utilization. In cases where the 
continued use of a vehicle is essential but its miles traveled are not 
consistent with utilization guidelines, the using agency may be required 
to justify, in writing, retention of the vehicle. Each GSA IFMS fleet 
manager will decide on a case-by-case basis which vehicles, if any, will 
be rotated based upon vehicle type, vehicle location, location and 
availability of replacement vehicles, and the mission of the using 
agency.

[56 FR 59890, Nov. 26, 1991]



Sec. 101-39.303  Maintenance.

    In order to ensure uninterrupted operation of GSA Interagency Fleet 
Management System (IFMS) vehicles, safety and preventive maintenance 
inspections will be performed at regularly scheduled intervals as 
directed by GSA. Users of GSA IFMS vehicles shall comply with the safety 
and preventive maintenance notices and instructions issued for the 
vehicle.

[56 FR 59890, Nov. 26, 1991]



Sec. 101-39.304  Modification or installation of accessory equipment.

    The modification of a GSA Interagency Fleet Management System (IFMS) 
vehicle or the permanent installation of accessory equipment on these 
vehicles may be accomplished only when approved by GSA. For the purpose 
of this regulation, permanent installation means the actual bolting, 
fitting, or securing of an item to the vehicle. Such modification or 
installation of accessory equipment must be considered by the agency as 
essential for the accomplishment of the agency's mission. The request 
for such modification or installation shall be forwarded to the 
appropriate GSA IFMS regional

[[Page 363]]

fleet manager for consideration. Accessory equipment or other after-
market items which project an inappropriate appearance, such as radar 
detectors, will not be used on GSA IFMS vehicles. Decorative items 
(i.e., bumper stickers and decals) will not be used on IFMS vehicles 
unless authorized by the Director, Fleet Management Division, GSA.

[56 FR 59890, Nov. 26, 1991]



Sec. 101-39.305  Storage.

    (a) GSA Interagency Fleet Management System (IFMS) vehicles shall be 
stored and parked at locations which provide protection from pilferage 
or damage. In the interest of economy, no cost storage shall be used 
whenever practicable and feasible.
    (b) The cost of parking and storing GSA IFMS vehicles is the 
responsibility of the using agency. Prior to the procurement of other 
than temporary parking accommodations in urban centers (see Sec. 101-
l8.102), agencies shall determine the availability of Government-owned 
or -controlled parking space in accordance with the provisions of 
Sec. 101-17.101-6.

[56 FR 59890, Nov. 26, 1991]



Sec. 101-39.306  Operator's packet.

    The GSA Interagency Fleet Management System (IFMS) will provide each 
system vehicle with an operator's packet containing the following 
information and instructions. This information should remain in the 
vehicle at all times, except when inconsistent with authorized 
undercover operations.
    (a) Driver's responsibilities;
    (b) Requirement of use for official purposes only;
    (c) Instruction for:
    (1) Acquiring maintenance and repair authorizations;
    (2) Acquiring emergency supplies, services, and repairs; and
    (3) Reporting accidents.
    (d) The telephone numbers of responsible GSA IFMS fleet management 
center employees to be called in case of accident or emergency;
    (e) Instructions on the use of the Standard Form 149, U.S. 
Government National Credit Card;
    (f) List of contractors from which vehicle operators may purchase 
items authorized by the SF 149, U.S. Government National Credit Card;
    (g) Accident reporting kit which contains:
    (1) Standard Form 91, Motor Vehicle Accident Report; and
    (2) Standard Form 94, Statement of Witness.

    Note: The vehicle operator or assignee shall be personally 
responsible for safeguarding and protecting the SF 149, U.S. Government 
National Credit Card.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59891, Nov. 26, 1991; 58 
FR 65291, Dec. 14, 1993]



Sec. 101-39.307  Grounds for withdrawal of vehicle.

    GSA may withdraw the issued vehicle from further use by the agency 
or its contractor if it is determined that the using agency has not 
complied with the provisions of subpart 101-39.3, that the vehicle has 
not been maintained in accordance with GSA IFMS maintenance standards, 
that the vehicle has been used improperly, or that the using agency has 
not reimbursed GSA for vehicle services. Improper use includes, but is 
not limited to, credit card abuse and misuse, continued violation of 
traffic ordinances, at-fault accidents, reckless driving, driving while 
intoxicated, use for other than official purposes, and incidental use 
when not authorized by the using agency.

[56 FR 59891, Nov. 26, 1991]



                 Subpart 101-39.4--Accidents and Claims



Sec. 101-39.400  General.

    Officials, employees, and contractors responsible for the operation 
of General Services Administration (GSA) Interagency Fleet Management 
System (IFMS) vehicles shall exercise every precaution to prevent 
accidents. In case of an accident, the employee or official concerned 
shall comply with the procedures established by this subpart.

[56 FR 59891, Nov. 26, 1991]



Sec. 101-39.401  Reporting of accidents.

    (a) The operator of the vehicle is responsible for notifying the 
following

[[Page 364]]

persons immediately, either in person, by telephone, or by facsimile 
machine of any accident in which the vehicle may be involved:
    (1) The manager of the GSA IFMS fleet management center issuing the 
vehicle;
    (2) The employee's supervisor; and
    (3) State, county, or municipal authorities, as required by law.
    (b) In addition, the vehicle operator shall obtain and record 
information pertaining to the accident on Standard Form 91, Motor 
Vehicle Accident Report. Only one copy of the Standard Form 91 is 
required. When completed, the Standard Form 91 shall be given to the 
vehicle operator's supervisor. The vehicle operator shall also obtain 
the names, addresses, and telephone numbers of any witnesses and, 
wherever possible, have witnesses complete Standard Form 94, Statement 
of Witness, and give the completed Standard Form 94 and other related 
information to his or her supervisor. The vehicle operator shall make no 
statements as to the responsibility for the accident except to his or 
her supervisor or to a Government investigating officer.
    (c) Whenever a vehicle operator is injured and cannot comply with 
the above requirements, the agency to which the vehicle is issued shall 
report the accident to the State, county, or municipal authorities as 
required by law, notify the GSA IFMS fleet manager of the center issuing 
the vehicle as soon as possible after the accident, and complete and 
process Standard Form 91. A complete copy of the accident report shall 
be forwarded to the appropriate GSA office as outlined in the vehicle 
operator's packet.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59891, Nov. 26, 1991; 58 
FR 65291, Dec. 14, 1993]



Sec. 101-39.402  Recommendations for disciplinary action.

    If a vehicle operator fails to report an accident involving a GSA 
Interagency Fleet Management System (IFMS) vehicle in accordance with 
Sec. 101-39.401, or if the operator has a record showing a high accident 
frequency or cost, GSA will notify the appropriate official(s) of the 
operator's agency, and will advise that either failure to report an 
accident or poor driving record is considered by GSA to be sufficient 
justification for the agency to suspend the right of the employee to use 
a GSA IFMS vehicle.

[56 FR 59891, Nov. 26, 1991]



Sec. 101-39.403  Investigation.

    (a) Every accident involving a GSA Interagency Fleet Management 
System (IFMS) vehicle shall be investigated and a report furnished to 
the manager of the GSA IFMS fleet management center which issued the 
vehicle.
    (b) The agency employing the vehicle operator shall investigate the 
accident within 48 hours after the actual time of occurrence. Also, GSA 
may investigate any accident involving an IFMS vehicle when deemed 
necessary. Should such investigation develop additional information, the 
additional data or facts will be furnished to the using agency for its 
information.
    (c) Two copies of the complete report of the investigation, 
including (when available) photographs, measurements, doctor's 
certificate of bodily injuries, police investigation reports, operator's 
statement, agency's investigation reports, witnesses' statements, the 
Motor Vehicle Accident Report (SF 91), and any other pertinent data 
shall be furnished to the manager of the GSA IFMS fleet management 
center issuing the vehicle.

[51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59891, Nov. 26, 1991; 58 
FR 65291, Dec. 14, 1993]



Sec. 101-39.404  Claims in favor of the Government.

    Whenever there is any indication that a party other than the 
operator of the GSA Interagency Fleet Management System (IFMS) vehicle 
is at fault and that party can be reasonably identified, the agency 
responsible for investigating the accident shall submit all original 
documents and data pertaining to the accident and its investigation to 
the servicing GSA IFMS fleet management center. The GSA IFMS regional 
fleet manager, or his/her representative, will initiate the necessary 
action to effect recovery of the Government's claim.

[56 FR 59891, Nov. 26, 1991]

[[Page 365]]



Sec. 101-39.405  Claims against the Government.

    (a) Whenever a GSA Interagency Fleet Management System (IFMS) 
vehicle is involved in an accident resulting in damage to the property 
of, or injury to, a third party, and the third party asserts a claim 
against the Government based on the alleged negligence of the vehicle 
operator (acting within the scope of his or her duties), it shall be the 
responsibility of the agency employing the person who was operating the 
GSA IFMS vehicle at the time of the accident to make every effort to 
settle the claim administratively to the extent that the agency is 
empowered to do so under the provisions of 28 U.S.C. 2672. It shall be 
the further responsibility of the agency, in the event that 
administrative settlement cannot be effected, to prepare completely, 
from an administrative standpoint, the Government's defense of the 
claim. The agency shall thereafter transmit the complete case through 
appropriate channels to the Department of Justice.
    (b) Except for the exclusions listed in Sec. 101-39.406, the agency 
employing the vehicle operator shall be financially responsible for 
damage to a GSA IFMS vehicle.
    (c) If a law suit is filed against the agency using a GSA 
Interagency Fleet Management System (IFMS) vehicle, the agency shall 
furnish the appropriate GSA Regional Counsel with a copy of all papers 
served in the action. When requested, GSA's Regional Counsel will 
cooperate with and assist the using agency and the Department of Justice 
in defense of any action against the United States, the using agency, or 
the operator of the vehicle, arising out of the use of a GSA IFMS 
vehicle.

[56 FR 59891, Nov. 26, 1991]



Sec. 101-39.406  Responsibility for damages.

    (a) GSA will charge the using agency all costs resulting from 
damage, including vandalism, theft, and parking lot damage, to a GSA 
Interagency Fleet Management System (IFMS) vehicle which occurs during 
the period that the vehicle is assigned or issued to that agency, to an 
employee of that agency, or to the agency's authorized contractor; 
however, the using agency will not be held responsible for damages to 
the vehicle if it is determined by GSA, after a review on a case by case 
basis of the documentation required by Sec. 101-39.401, that damage to 
the vehicle occurred:
    (1) As a result of the negligent or willful act of a party other 
than the agency (or the employee of that agency) to which the vehicle 
was assigned or issued and the identity of the party can be reasonably 
determined;
    (2) As a result of mechanical failure of the vehicle, and the using 
agency (or its employee) is not otherwise negligent. Proof of mechanical 
failure must be submitted; or
    (3) As a result of normal wear and tear such as is expected in the 
operation of a similar vehicle.
    (b) Agencies using GSA IFMS services will be billed for the total 
cost of all damages resulting from neglect or abuse of assigned or 
issued GSA IFMS vehicles.
    (c) If an agency is held responsible for damages, GSA will charge to 
that agency all costs for removing and repairing the GSA IFMS vehicle. 
If the vehicle is damaged beyond economical repair, GSA will charge all 
costs to that agency, including fair market value of the vehicle less 
any salvage value. Upon request, GSA will furnish an accident report, 
where applicable, regarding the incident to the agency. Each agency 
shall be responsible for disciplining its employees who are guilty of 
damaging GSA IFMS vehicles through misconduct or improper operation, 
including inattention.
    (d) If an agency has information or facts that indicate that it was 
not responsible for an accident, the agency may furnish the data to GSA 
requesting that costs charged to and collected from it be credited to 
the agency. GSA will make the final determination of agency 
responsibility based upon Government findings, police accident reports, 
and any available witness statements.
    (e) When contractors or subcontractors of using agencies are in 
accidents involving GSA IFMS vehicles, the agency employing the 
contractor will usually be billed directly for all costs

[[Page 366]]

associated with the accident. It will be the responsibility of the using 
agency to collect accident costs from the contractor should the 
contractor be at fault.

[56 FR 59892, Nov. 26, 1991]



Sec. 101-39.407  Accident records.

    If GSA's records of vehicle accidents indicate that a particular 
activity has had an unusually high accident frequency rate or a high 
accident cost per mile, GSA will so advise the using activity. 
Corrective action will be requested and GSA will cooperate in any 
reasonable manner possible to bring about improved performance.

Subparts 101-39.5--101-39.48 [Reserved]



                        Subpart 101-39.49--Forms



Sec. 101-39.4900  Scope of subpart.

    This subpart provides the means for obtaining forms prescribed or 
available for use in connection with subject matter covered in part 101-
39.

[56 FR 59892, Nov. 26, 1991]



Sec. 101-39.4901  Obtaining standard and optional forms.

    Standard and optional forms referenced in part 101-39 may be 
obtained through the General Services Administration, Inventory and 
Requisition Management Branch, Attn: FCNI, Washington, DC 20406, or 
through regional GSA Federal Supply Service Bureaus. GSA regional 
offices will provide support to requesting activities needing forms.

[56 FR 59892, Nov. 26, 1991]



PART 101-40--TRANSPORTATION AND TRAFFIC MANAGEMENT--Table of Contents




    Authority: 40 U.S.C. 486(c); Sec. 205(c), 63 Stat. 390.

    Source: 65 FR 60060, Oct. 6, 2000, unless otherwise noted.



Sec. 101-40.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on transportation and traffic management previously 
contained in this part, see FMR part 117 (41 CFR part 102-117).



PART 101-41--TRANSPORTATION DOCUMENTATION AND AUDIT--Table of Contents




    Authority: 31 U.S.C. 3726; and 40 U.S.C. 486(c).

    Source: 65 FR 24568, Apr. 26, 2000, unless otherwise noted.



Sec. 101-41.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For transportation payment and audit policy, see FMR part 102-118 
(41 CFR part 102-118).

       Appendix to Subchapter G--Temporary Regulations  [Reserved]

[[Page 367]]





                 SUBCHAPTER H--UTILIZATION AND DISPOSAL





PART 101-42--UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND CERTAIN CATEGORIES OF PROPERTY--Table of Contents




Sec.
101-42.000  Scope of part.
101-42.001  Definitions of terms.
101-42.002  Requests for deviations.

Subpart 101-42.1  [Reserved]

    Subpart 101-42.2--Utilization of Hazardous Materials and Certain 
                         Categories of Property

101-42.200  Scope of subpart.
101-42.201  [Reserved]
101-42.202  Identification of hazardous materials.
101-42.203  Reassignment of hazardous materials.
101-42.204  Reporting requirements.
101-42.205  Exceptions to reporting.
101-42.206  Special requirements for utilization of hazardous materials 
          and certain categories of property.
101-42.207  Transfer of hazardous materials and certain categories of 
          property.
101-42.208  Custody of hazardous materials.
101-42.209  Cost of care and handling of hazardous materials and certain 
          categories of property.

Subpart 101-42.3--Donation of Hazardous Materials and Certain Categories 
                               of Property

101-42.300  Scope of subpart.
101-42.301  General.
101-42.302  Responsibilities for donation of hazardous materials.
101-42.303  Hazardous materials distributed to donees by State agencies.
101-42.304  Special requirements for donation of certain hazardous 
          materials.

Subpart 101-42.4--Sale, Abandonment, or Destruction of Surplus Hazardous 
              Materials and Certain Categories of Property

101-42.400  Scope of subpart.
101-42.401  Sales responsibilities for hazardous materials.
101-42.402  Reporting hazardous materials for sale.
101-42.403  Sales methods and procedures.
101-42.404  Special requirements for the sale of hazardous materials.
101-42.405  Transportation of hazardous materials.
101-42.406  Abandonment or destruction of surplus hazardous materials 
          and certain categories of property.

Subparts 101-42.5--101-42.10  [Reserved]

  Subpart 101-42.11--Special Types of Hazardous Materials and Certain 
                         Categories of Property

101-42.1100  Scope of subpart.
101-42.1101  Federal supply classification (FSC) groups and classes 
          which contain hazardous materials.
101-42.1102  Special requirements for utilization, donation, sale, and 
          abandonment or destruction of hazardous materials and certain 
          categories of property.
101-42.1102-1  Asbestos.
101-42.1102-2  Polychlorinated biphenyls.
101-42.1102-3  Controlled substances.
101-42.1102-4  Nuclear Regulatory Commission-controlled materials.
101-42.1102-5  Drugs, biologicals, and reagents other than controlled 
          substances.
101-42.1102-6  Noncertified and certified electronic products.
101-42.1102-7  Lead-containing paint and items bearing lead-containing 
          paint.
101-42.1102-8  United States Munitions List items which require 
          demilitarization.
101-42.1102-9  Acid contaminated and explosive contaminated property.
101-42.1102-10  Firearms.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 57 FR 39121, Aug. 28, 1992, unless otherwise noted.



Sec. 101-42.000  Scope of part.

    This part prescribes the special policies and procedures governing 
the utilization, donation, sale, exchange, or other disposition of 
hazardous materials, dangerous property, and other categories of 
property with special utilization and disposal requirements, located 
within the United States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, the Trust Territory of the Pacific Islands, and the 
Virgin Islands.



Sec. 101-42.001  Definitions of terms.

    For the purposes of this part 101-42, the following terms shall have 
the meaning set forth below:

[[Page 368]]

    Acid contaminated property means property that may cause burns or 
toxicosis when improperly handled due to acid residues adhering to or 
trapped within the material.
    Biologicals means hazardous materials which are of or pertain to the 
products and operations of applied biology, or any biochemical products, 
especially serums, vaccines, etc., produced from microorganisms.
    Certified electronic product means any electronic product which 
bears the manufacturer's certification label or tag (21 CFR 1010.2) 
indicating that the product meets applicable radiation safety 
performance standards prescribed by the Food and Drug Administration 
under 21 CFR part 1020.
    Controlled substances means:
    (a) Any narcotic, depressant, stimulant, or hallucinogenic drug, or 
any other drug, other substance, or immediate precursor included in 
Schedules I, II, III, IV, or V of section 202 of the Controlled 
Substance Act (21 U.S.C. 812) except exempt chemical preparations and 
mixtures, and excluded substances listed in 21 CFR part 1308;
    (b) Any other drug or substance that the Attorney General determines 
to be subject to control pursuant to Subchapter I of the Controlled 
Substance Act (21 U.S.C. 801 et seq.); or
    (c) Any other drug or substance that by international treaty, 
convention, or protocol is to be controlled by the United States.
    Explosive contaminated property means property that may ignite or 
explode when exposed to shock, flame, sparks, or other high temperature 
sources due to residual explosive material in joints, angles, cracks, or 
around bolts.
    Extremely hazardous material means:
    (a) Those materials which are hazardous to the extent that they 
generally require special handling such as licensing and training of 
handlers, protective clothing, and special containers and storage.
    (b) Those materials which, because of their extreme flammability, 
toxicity, corrosivity or other perilous qualities, could constitute an 
immediate danger or threat to life and property and which usually have 
specialized uses under controlled conditions.
    (c) Those materials which have been determined by the holding agency 
to endanger public health or safety or the environment if not rendered 
innocuous before release to other agencies or to the general public.
    Firearms means any weapons (including flare and starter guns) which 
will, or are designed to, or may be readily converted to expel a 
projectile by the action of an explosive, the frame or receiver of any 
such weapons, or any muffler or silencer for such purposes. For purposes 
of this Part 101-42, firearms are considered to be dangerous property.
    Hazardous material means property that is deemed a hazardous 
material, chemical substance or mixture, or hazardous waste under the 
Hazardous Materials Transportation Act (HMTA), the Resource Conservation 
and Recovery Act (RCRA), or the Toxic Substances Control Act (TSCA). 
Generally, hazardous materials have one or more of the following 
characteristics:
    (a) Has a flash point below 200 F (93.3 C), closed cup, or is 
subject to spontaneous heating;
    (b) Is subject to polymerization with the release of large amounts 
of energy when handled, stored, or shipped without adequate controls;
    (c) In the course of normal operations, may produce fibers, dusts, 
gases, fumes, vapors, mists, or smokes which have one or more of the 
following characteristics:
    (1) Causes 50 percent fatalities to test animals below 500 mg/kg of 
test animal weight when a single oral dose LD50 is used;
    (2) Is a flammable solid or a strong oxidizing or reducing agent;
    (3) Causes first degree burns to skin in a short time exposure, or 
is systematically toxic by skin contact;
    (4) Has a permissible exposure limit (PEL) below 1000 p/m for gases 
and vapors, below 500 mg/mm3 for fumes, below 30 mmppcf (10 mg/m3), or 2 
fibers/CM3 for dust;
    (5) Causes occupational chemical dermatitis, which is any 
abnormality of the skin induced or aggravated by the work environment 
which includes but is not limited to primary irritant categories, 
allergic sensitizers, and photo sensitizers;

[[Page 369]]

    (d) Is radioactive to the extent it requires special handling;
    (e) Is a recognized carcinogen according to Occupational Safety and 
Health Administration regulations at 29 CFR part 1910; or
    (f) Possesses special characteristics which in the opinion of the 
holding agency could be hazardous to health, safety, or the environment 
if improperly handled, stored, transported, disposed of, or otherwise 
improperly used.
    Hazardous waste means those materials or substances, the handling 
and disposal of which are governed by 40 CFR part 261.
    (a) In general, hazardous materials are hazardous wastes when one or 
both of the following is true:
    (1) They have passed through the disposal cycle without having 
successfully been reutilized, transferred, donated, or sold, and the 
holding agency declares an intent to discard.
    (2) They are no longer usable for their intended purpose, a valid 
alternate purpose, or resource recovery.
    (b) In general, solid (non-hazardous) wastes, as defined at 40 CFR 
261.2, become hazardous wastes when:
    (1) They exhibit one or more of the characteristics of ignitability, 
corrosivity, reactivity, or EP toxicity; or
    (2) They are predetermined hazardous wastes upon generation as 
listed in 40 CFR part 261, subpart D.
    (c) Hazardous materials having an expired shelf life shall be 
reclassified as hazardous wastes if required by Federal and/or State 
environmental laws or regulations. Before such reclassification, the 
shelf life may be extended if supported by results of tests and 
recertification performed by authorized personnel in accordance with 
applicable regulations.
    (d) The transportation of hazardous wastes is governed by the 
regulations issued by the Department of Transportation, codified in 49 
CFR part 171 et seq.
    Lead-containing paint means paint or other similar surface coating 
material that contains lead or lead compounds in excess of 0.06 percent 
of the weight of the total nonvolatile content of the paint or the 
weight of the dried paint film.
    Noncertified electronic product means any electronic product for 
which there is an applicable radiation safety performance standard 
prescribed or hereafter prescribed by the Food and Drug Administration 
(FDA) under 21 CFR part 1020, and which the manufacturer has not 
certified as meeting such standard. The noncertification may be due to 
either (a) manufacture of the product before the effective date of the 
standard or (b) the product was exempted from the applicable standard 
and is so labeled.
    Nuclear Regulatory Commission--controlled materials means those 
materials the possession, use, and transfer of which are subject to the 
regulatory controls of the Nuclear Regulatory Commission (NRC) pursuant 
to the Energy Reorganization Act of 1974. The materials are defined as 
follows:
    (a) Byproduct materials means any radioactive material (except 
special nuclear material) yielded in or made radioactive by exposure to 
the radiation incident to the process of producing or utilizing special 
nuclear material. (See 10 CFR part 30.)
    (b) Source material means uranium or thorium, or any combination 
thereof, in any physical or chemical form, or ores which contain by 
weight one-twentieth of one percent (0.05%) or more of uranium, thorium, 
or any combination thereof. Source material does not include special 
nuclear material. (See 10 CFR part 40.)
    (c) Special nuclear material means plutonium, uranium 233, uranium 
enriched in the isotope 233 or in the isotope 235, any other materials 
which the NRC, pursuant to the Atomic Energy Act of 1954 (68 Stat. 919), 
including any amendments thereto, determines to be special nuclear 
material, or any material artificially enriched by any of the foregoing, 
but does not include source material. (See 10 CFR part 70.)
    Reagent means any hazardous material which is used to detect or 
measure another substance or to convert one substance into another by 
means of the reactions it causes.



Sec. 101-42.002  Requests for deviations.

    Deviations from the regulations in this part shall only be granted 
by the Administrator of General Services (or

[[Page 370]]

designee). Requests for deviations shall be made in writing to the 
General Services Administration (FB), Washington, DC 20406, with 
complete justification. A copy of the authorizing statement for each 
deviation, including the nature of the deviation, the reasons for such 
special action, and the Administrator's or designee's approval, will be 
available for public inspection under Subpart 105-60.3 of this title.

Subpart 101-42.1  [Reserved]



    Subpart 101-42.2--Utilization of Hazardous Materials and Certain 
                         Categories of Property



Sec. 101-42.200  Scope of subpart.

    This subpart prescribes the special policies and methods for the 
utilization and transfer of hazardous materials and other certain 
categories of property within the Government in addition to the 
requirements of part 101-43.



Sec. 101-42.201  [Reserved]



Sec. 101-42.202  Identification of hazardous materials.

    (a) Current acquisition standards (Fed. Std. No. 313 and Fed. Std. 
No. 123) and the Federal Acquisition Regulation require that 
manufacturers identify and document potential hazards on material safety 
data sheets (MSDSs) as part of the acquisition process. Acquisition of 
MSDSs is also prescribed by the Occupational Safety and Health 
Administration (OSHA) regulations found in 29 CFR part 1910 and 
paragraph 1-602(c) of Executive Order 12196, Occupational Safety and 
Health Programs for Federal Employees, dated February 26, 1980. GSA's 
Federal Supply Service (4FQ) maintains an automated data base, 
accessible via modem and computer terminal, that contains MSDSs for all 
GSA-procured hazardous materials. In addition to display of the MSDS on 
the terminal screen, the system allows for the addition of the MSDS to 
the user's local data base and the transmission of the MSDS via 
facsimile to the user's site. Detailed instructions on how to access 
this system may be obtained by sending a self-addressed envelope to 
General Services Administration, Federal Supply Service, Attn: MSDS 
Coordinator, 401 W. Peachtree St., NE, suite 3021, Atlanta, Georgia 
30365.
    (b) The Hazardous Materials Information System (HMIS) is a 
collection of MSDS information, transportation information, and disposal 
information that was established by the Department of Defense to assist 
personnel who handle, store, ship, use or dispose of hazardous 
materials. Each record in the data base is defined by a stock number 
(either national stock number or local numbers), the manufacturer's 
contractor and Government entity (CAGE) code, and a part number 
indicator which is linked to the manufacturer's part number or trade 
name. The data base (DoD 6050.5L) is available on microfiche and compact 
disc-read only memory (CD-ROM) through the Naval Computer and 
Telecommunication Area Master Station, Atlantic (NCTAMS LANT), Attn.: 
Code 911.3, Norfolk, VA 23511-5355.
    (c) For items not listed or adequately described in the HMIS or on a 
MSDS, contact the procuring agency, the manufacturer, or your technical 
staff for information as to the potential hazards of the item.
    (d) Some hazardous items were acquired by Federal agencies prior to 
implementation of the standards requiring identification of potential 
hazards. Identification and documentation of the hazardous nature of 
such items is the responsibility of the owning or holding agency. 
Hazardous materials are found in most Federal supply classification 
(FSC) classes. Section 101-42.1101 contains a table of FSC classes 
composed predominantly of hazardous items and a table of FSC groups and 
classes which contain a significant number of hazardous items. These 
tables are designed to assist Federal agencies in reviewing personal 
property inventories to identify hazardous materials.
    (e) When an item has been determined hazardous, the owning Federal 
agency shall document the accountable inventory record accordingly. If 
the item has not been appropriately labeled by the manufacturer or 
distributor, the owning agency shall appropriately label, mark, or tag 
the

[[Page 371]]

item in accordance with OSHA requirements (29 CFR 1910.1200) regarding 
the actual or potential hazard associated with the handling, storage, or 
use of the item to include hazardous chemical(s) contained and the name 
of the chemical manufacturer, importer, or responsible party as defined 
at 29 CFR 1910.1200(c). Such information shall be maintained in the item 
record for use in preparation of reports of excess property, 
reassignment or transfer documentation, and other documentation 
requirements that may arise.



Sec. 101-42.203  Reassignment of hazardous materials.

    When hazardous materials are reassigned within an executive agency, 
information on the actual or potential hazard shall be included in the 
documentation effecting the reassignment, and the recipient organization 
shall perpetuate in the inventory or control records visibility of the 
nature of the actual or potential hazard.



Sec. 101-42.204  Reporting requirements.

    (a) Except as set forth in this 101-42.204, excess personal property 
which has been identified as hazardous shall be reported promptly in 
accordance with this part and Sec. 101-43.4801, with a complete 
description of the actual or potential hazard associated with the 
handling, storage, or use of the item.
    (b) If the hazardous characteristics of the item are adequately 
described on a MSDS or HMIS record (or equivalent), the reporting 
document should so indicate, and a copy of the MSDS or HMIS record shall 
be included. If no MSDS or HMIS is available, information must be 
obtained by the reporting activity and furnished with the reporting 
document. A certification by a duly authorized agency official that the 
item has been clearly labeled as prescribed in Sec. 101-42.202(e) should 
be included in the description of the hazard. The agency official must 
also certify that the containers and/or packaging meet or exceed 
Department of Transportation specifications for a hazardous material 
container (49 CFR parts 178-180).
    (c) Hazardous wastes shall not be reported to GSA for disposal, and 
shall be disposed of by the holding agency or the reporting activity 
only under the Environmental Protection Agency (EPA) and State and local 
regulations. Holding agencies shall contact the manufacturer, the 
agency's technical staff, or the local State EPA office for assistance 
in this matter if needed.



Sec. 101-42.205  Exceptions to reporting.

    (a) When the actual or potential hazard is such that an item is 
determined by the holding agency to be extremely hazardous property, the 
item shall not be reported on Standard Form (SF) 120, Report of Excess 
Personal Property, unless so directed by a GSA regional office or GSA 
Central Office. Other items identified as hazardous shall be reported to 
GSA on SF 120 unless otherwise excepted by Secs. 101-43.304 and 101-
43.305.
    (b) When an item determined to be extremely hazardous property 
becomes excess, the holding agency shall notify the appropriate GSA 
regional personal property office, identify the item, and describe the 
actual or potential hazard associated with the handling, storage, or use 
of the item. On a case-by-case basis, the GSA regional office will 
determine the utilization, donation, sales, or other disposal 
requirements, and provide appropriate guidance to the holding agency.
    (c) When EPA, under its authorities, transfers accountability for 
hazardous materials to Federal, State, and local agencies, to research 
institutions, or to commercial businesses to conduct research or to 
perform the actual cleanup of a contaminated site, the item is not 
required to be reported.



Sec. 101-42.206  Special requirements for utilization of hazardous materials and certain categories of property.

    Special utilization requirements for certain categories of property 
are provided in Sec. 101-42.1102. Many hazardous materials require 
special storage and handling. It is the responsibility of the holding 
agency to properly store hazardous materials and ensure the use of 
appropriate safeguards such as warning signs, labels, and use of 
protective clothing and equipment by utilization screeners who are 
inspecting excess hazardous materials.

[[Page 372]]



Sec. 101-42.207  Transfer of hazardous materials and certain categories of property.

    (a) Excess hazardous materials may be transferred among Federal 
agencies under Sec. 101-43.309-5, except that the Standard Form (SF) 
122, Transfer Order Excess Personal Property, or any other transfer 
order form approved by GSA, shall contain a complete description of the 
actual or potential hazard associated with the handling, storage, or use 
of the item. Such description shall consist either of a written 
narrative, complying with the requirements of 29 CFR 1910.1200, in block 
13c or as an addendum, or an MSDS or HMIS data. In the absence of an 
MSDS, the HMIS data which fulfills the MSDS requirements must be 
attached if the receiving activity does not have the HMIS readily 
available. Otherwise, citation to the HMIS shall be provided. A 
certification by a duly authorized official that the item has been 
clearly labeled and its packaging meets OSHA and DOT requirements as set 
forth in Secs. 101-42.202(e) and 101-42.204 respectively, shall be 
included in the description of the hazard. The transferee shall prepare 
the SF 122, or any other transfer order form approved by GSA, under 
Sec. 101-43.4901-122.
    (b) The transferee agency shall document the inventory or control 
record of the transferred hazardous item to clearly reflect the actual 
or potential hazard associated with the handling, storage, or use of the 
item. If available, an MSDS or a citation or copy of the HMIS data must 
be filed with the SF 122 or automated requisitions on approved forms. 
Such visibility shall be maintained in the item record and on the 
property (labeled) to the extent required by Federal regulations to 
ensure the continued identification of the item as hazardous material.



Sec. 101-42.208  Custody of hazardous materials.

    Custody of extremely hazardous materials shall be the responsibility 
of the owning or holding Federal agency. Custody of other hazardous 
materials may be transferred in whole or in part to another Federal 
agency with that agency's consent.



Sec. 101-42.209  Cost of care and handling of hazardous materials and certain categories of property.

    The special handling requirements associated with many hazardous 
materials often increase the cost of core and handling of hazardous 
materials well above the usual costs incurred while holding excess 
personal property pending disposition. As provided in Sec. 101-43.310-1, 
each holding agency shall be responsible for, and bear the cost of, care 
and handling of excess property pending disposition, including those 
special costs associated with hazardous materials. Only the cost of 
transportation and handling incurred incident to the transfer of 
hazardous materials are borne by the transferee agency if billed by the 
holding agency in accordance with Sec. 101-43.309-3.



Subpart 101-42.3--Donation of Hazardous Materials and Certain Categories 
                               of Property



Sec. 101-42.300  Scope of subpart.

    This subpart prescribes the special policies and methods governing 
the donation of hazardous materials and certain categories of property 
in addition to the requirements of part 101-44.



Sec. 101-42.301  General.

    Surplus personal property identified as hazardous material not 
required for transfer as excess personal property to Federal agencies 
shall normally be made available for donation. However, State agencies 
shall not acquire hazardous materials without first ensuring that there 
are eligible known donees for such property. Surplus property identified 
as hazardous may be donated provided the donee:
    (a) Is informed, via MSDS, HMIS data, or written narrative, that the 
item is hazardous and is furnished special handling and/or other 
appropriate information; and
    (b) Signs the following certification:

    I (We) hereby certify that the donee has knowledge and understanding 
of the hazardous nature of the property hereby donated and will comply 
with all applicable Federal, State, and local laws, ordinances, and 
regulations with respect to the care, handling, storage, shipment, and 
disposal of the hazardous material(s). The donee agrees

[[Page 373]]

and certifies that the Government shall not be liable for personal 
injuries to, disabilities of, or death of the donee or the donee's 
employees, or any other person arising from or incident to the donation 
of the hazardous material(s) or its final disposition. Additionally, the 
donee agrees and certifies to hold the Government harmless from any or 
all debts, liabilities, judgments, costs, demands, suits, actions, or 
claims of any nature arising from or incident to the donation of the 
hazardous material(s), its use, or final disposition.



Sec. 101-42.302  Responsibilities for donation of hazardous materials.

    (a) Holding agencies. Holding agencies shall be responsible for the 
identification and reporting of hazardous materials as set forth in 
Secs. 101-42.202 and 101-42.203. Pending transfer for donation, each 
holding agency shall be responsible for performing, and shall bear the 
cost of, care and handling of its hazardous materials.
    (b) State agencies. State agencies or the donee when applicable, 
shall prepare Standard Form (SF) 123, Transfer Order Surplus Personal 
Property, under Sec. 101-44.4901-123-1. A full description of the actual 
or potential hazard associated with handling, storage, or use of the 
item must be made available by providing an MSDS, HMIS data, or a 
narrative description in block 12c or included as an addendum to the SF 
123. Such description shall comply with the requirements of 29 CFR 
1910.1200. The State agency and/or donee shall sign the certification in 
Sec. 101-42.301(b). Any applicable requirements and restrictions shall 
be forwarded with the SF 123 to the GSA regional office.
    (c) General Services Administration. GSA, through its regional 
offices, shall be responsible for approving the transfer for donation of 
hazardous materials. Before approving any donation of a hazardous 
material, the GSA regional office shall make sure all required 
certifications and agreements accompany the SF 123.



Sec. 101-42.303  Hazardous materials distributed to donees by State agencies.

    Donation of surplus personal property designated as hazardous 
material shall be accomplished by the use of State agency distribution 
document as set forth in Sec. 101-44.208. In addition to the terms, 
conditions, and restrictions in the distribution document, the donee 
shall certify to the conditions in Sec. 101-42.301(b).



Sec. 101-42.304  Special requirements for donation of certain hazardous materials.

    Special donation requirements for specific hazardous materials are 
provided in Sec. 101-42.1102. Many hazardous materials require special 
storage and handling. It is the responsibility of the Federal holding 
agency or State agency to properly store hazardous materials, ensure the 
use of appropriate safeguards, and provide instructions for personal 
protection to donation screeners who are inspecting surplus hazardous 
materials. It is the responsibility of the State agency and/or donee to 
comply with DOT regulations (49 CFR part 171 et seq.) when transporting 
hazardous materials. Any costs incident to repacking or 
recontainerization will be borne by the State agency and/or donee. State 
agencies and/or donees will comply with EPA's Resource Conservation and 
Recovery Act (40 CFR part 261 et seq.) including its application to 
transporters, storers, users, and permitting of hazardous wastes. Such 
requirements may be administered by various States instead of the EPA.



Subpart 101-42.4--Sale, Abandonment, or Destruction of Surplus Hazardous 
              Materials and Certain Categories of Property



Sec. 101-42.400  Scope of subpart.

    This subpart prescribes the special policies and procedures 
governing the sale, abandonment, or destruction of hazardous materials 
and certain categories of property in addition to the requirements of 
part 101-45.



Sec. 101-42.401  Sales responsibilities for hazardous materials.

    (a) General Services Administration. GSA, through its regional 
offices, shall be responsible for the sale of hazardous materials for 
holding agencies except for the Department of Defense, which is 
delegated authority to sell property under its control, and agencies 
granted approval by GSA. Holding agency sales

[[Page 374]]

of hazardous materials conducted in accordance with Sec. 101-45.304 must 
meet or exceed the requirements in Sec. 101-42.403.
    (b) Holding agencies. Holding agencies shall be responsible for 
preparation of hazardous materials for sale as provided for in Sec. 101-
45.103-2. Pending disposal, each holding agency shall be responsible for 
performing and bearing the cost of care and handling of its hazardous 
materials, including posting appropriate warning signs and rendering 
extremely hazardous property innocuous, or providing adequate 
safeguards.



Sec. 101-42.402  Reporting hazardous materials for sale.

    Holding agencies shall report hazardous materials to be sold by GSA 
to the appropriate GSA regional office for the region in which the 
property is physically located in the manner outlined below:
    (a) Reportable property. Hazardous materials are required to be 
reported to the GSA regional offices for utilization screening as set 
forth in subparts 101-42.2 through 101-42.4 and 101-42.11. If the 
hazardous materials are not transferred or donated, the hazardous 
materials will be programmed for sale by the GSA regional office without 
further documentation from the holding agency.
    (b) Nonreportable property. Under Sec. 101-42.202, Federal holding 
agencies are required to identify and label hazardous materials. 
Hazardous materials not required to be reported for utilization 
screening, and for which any required donation screening has been 
completed, shall be reported to the appropriate GSA regional office on 
Standard Form (SF) 126, Report of Personal Property for Sale, as 
provided in Sec. 101-45.303.
    (c) Description and certification. The SF 126 shall contain a 
certification, executed by a duly authorized agency official, in block 
16c or as an addendum, that the item has been clearly labeled and 
packaged as required in Secs. 101-42.202(e) and 101-42.204. The SF 126 
shall also contain or be accompanied by a full description of the actual 
or potential hazard associated with handling, storage, or use of the 
item. Such description shall be furnished by providing:
    (1) An MSDS or copy thereof; or
    (2) A printed copy of the record, corresponding to the hazardous 
material being reported, from the automated HMIS; or
    (3) A written narrative, included in either block 16c or as an 
addendum, which complies with the requirements of 29 CFR 1910.1200.



Sec. 101-42.403  Sales methods and procedures.

    Hazardous materials are sold in accordance with the provisions of 
Sec. 101-45.304 and the following special methods and procedures.
    (a) Sales which offer hazardous materials shall be conducted 
separately from other sales. Sale catalogs or listings which offer 
hazardous materials shall not be mailed to all persons on the general 
sales mailing list but shall be sent to only those persons and entities 
which have expressed an interest in purchasing such materials.
    (b) Sale catalogs, listings, and invitations for bids, with respect 
to hazardous materials, shall:
    (1) Limit the materials in each lot for sale to a single Federal 
supply group;
    (2) Indicate, in the item description, if an MSDS has been issued 
for the property being sold; and
    (3) Indicate, in the item description, if an item is being sold only 
for its material content.
    (c) For a bid to be considered for award, the bidder must sign the 
following certification:

    The bidder hereby certifies that if awarded a contract under this 
invitation for bids, the bidder will comply with all applicable Federal, 
State, and local laws, ordinances, and regulations with respect to the 
care, handling, storage, shipment, resale, export, or other use of the 
material hereby purchased. The bidder will hold the Government harmless 
from any or all debts, liabilities, judgments, costs, demands, suits, 
actions, or other claims of any nature arising from or incident to the 
handling, use, storage, shipment, resale, export, or other disposition 
of the hazardous items purchased.

    (d) MSDSs, printed HMIS records, where applicable, or a written 
description in compliance with the requirements of 29 CFR 1910.1200 
shall be sent

[[Page 375]]

to purchasers of hazardous materials with their notice of award.
    (e) Unless authorized by the appropriate GSA regional office, a 
holding agency shall not sell extremely hazardous property unless the 
property is rendered innocuous or adequate safeguards are provided. Such 
property shall be rendered innocuous in a manner so as to preserve the 
utility or commercial value of the property.



Sec. 101-42.404  Special requirements for the sale of hazardous materials.

    Special sales requirements for certain hazardous materials are 
provided in Sec. 101.42.1102. Hazardous items generally require special 
storage and handling. It is the responsibility of the holding agency to 
properly store hazardous items, to provide all necessary information to 
ensure that prospective bidders are informed of hazards, and to list the 
precautions bidders should take to protect themselves.



Sec. 101-42.405  Transportation of hazardous materials.

    The transportation of hazardous materials is governed by the 
hazardous materials regulations (49 CFR parts 170-180) issued by the 
Department of Transportation. Except as otherwise provided below, an 
agency official, prior to the transportation of hazardous materials, 
shall certify on the shipping document, based on his/her own 
examination, that the materials are properly classified, described, 
packaged, marked, and labeled and are in proper condition for 
transportation in accordance with the hazardous materials regulations. 
The shipper shall provide such certification in duplicate and give one 
copy to the originating carrier and retain the other for no less than 1 
year. Hazardous materials sold by the Department of Defense (DOD) in 
packings not marked under the hazardous materials regulations may be 
shipped from DOD installations, provided DOD certifies in writing on a 
certificate or equivalency (COE) that the packing meets or exceeds 
requirements of the hazardous materials regulations.



Sec. 101-42.406  Abandonment or destruction of surplus hazardous materials and certain categories of property.

    In addition to the requirements for the abandonment or destruction 
of surplus property prescribed in subpart 101-45.9, hazardous materials, 
including empty hazardous material containers, shall be abandoned or 
destroyed under Federal, State, and local waste disposal and air and 
water pollution control standards. Additional requirements for the 
abandonment and destruction of certain specific hazardous materials are 
contained in Sec. 101-42.1102.

Subparts 101-42.5--101-42.10  [Reserved]



  Subpart 101-42.11--Special Types of Hazardous Materials and Certain 
                         Categories of Property



Sec. 101-42.1100  Scope of subpart.

    This subpart prescribes disposal procedures for certain hazardous 
items and lists specific Federal supply classes which may contain 
hazardous items.



Sec. 101-42.1101  Federal supply classification (FSC) groups and classes which contain hazardous materials.

    (a) Hazardous material identification is required for all material 
which, by virtue of its potentially dangerous nature, requires controls 
to assure adequate safety to life, property, and the environment, and 
which is therefore defined as a hazardous material.
    (b) The tables in paragraph (c) of this section list those FSC 
classes composed predominantly of hazardous materials and those FSC 
classes which contain a significant number of hazardous materials. Those 
classes that contain munitions list items (MLI) which require 
demilitarization are not identified in the tables because the items in 
those classes must be identified by the appropriate demilitarization 
code and processed under the procedures in Sec. 101-42.1102-8.
    (c) The tables as listed in Federal standard 313 are as follows:

[[Page 376]]

    Federal Supply Classes Composed Predominantly of Hazardous Items

                       Federal Supply Class (FSC)

6810  Chemicals
6820  Dyes
6830  Gases: Compressed and liquified
6840  Pest control agents and disinfectants
6850  Miscellaneous chemical specialties
7930  Cleaning and polishing compounds and preparations
8010  Paints, dopes, varnishes, and related products
8030  Preservative and sealing compounds
8040  Adhesives
9110  Fuels, solid
9130  Liquid propellants and fuels, petroleum case
9135  Liquid propellant fuels and oxidizers, chemical base
9140  Fuel oils
9150  Oils and greases: Cutting, lubricating, and hydraulic
9160  Miscellaneous waxes, oils, and fats

Federal Supply Classes and Groups Which Contain a Significant Number of 
                             Hazardous Items

    Note: If an item is determined to be hazardous as defined in 
Sec. 101-42.001, a material safety data sheet (or equivalent) should 
accompany the item even though the Federal supply class is not listed in 
this table.

------------------------------------------------------------------------
                                                 Examples of hazardous
   Federal supply             Title               materials requiring
     class/grp                                      identification
------------------------------------------------------------------------
1370...............  Pyrotechnics...........  Warning fuse, fire
                                               starter.
1375...............  Demolition materials...  Explosive device.
2520...............  Vehicular power          Items containing asbestos.
                      transmission
                      components.
2530...............  Vehicular brake          Items containing asbestos.
                      steering, axle, wheel,
                      and track components.
2540...............  Vehicular furniture and  Items containing asbestos.
                      accessories.
2640...............  Tire rebuilding and      Items containing flammable
                      tire and tube repair     or toxic compounds.
                      materials.
Group 28...........  Engines, turbines, and   Engine valves containing
                      components.              metallic sodium.
Group 29...........  Engine accessories.....  Engine valves containing
                                               metallic sodium.
Group 30...........  Mechanical power         Equipment containing
                      transmission equipment.  hazardous hydraulic
                                               fluids including PCBs.
Group 34...........  Metalworking machinery.  Equipment containing
                                               hazardous hydraulic
                                               fluids including PCBs.
3433...............  Gas welding, heat        Compressed gases.
                      cutting, and
                      metalizing equipment.
3439...............  Miscellaneous welding,   Hazardous items such as
                      soldering and brazing    cleaners, acids, flux and
                      supplies and             supplies that contain or
                      accessories.             produce hazardous fumes.
3610...............  Printing, duplicating,   Flammable or toxic
                      and bookbinding          lithographic solutions.
                      equipment.
3655...............  Gas generating and       Items that produce
                      dispensing systems,      hazardous fumes.
                      fixed or mobile.
3680...............  Foundry machinery,       Flammable or toxic casting
                      related equipment and    compounds.
                      supplies.
4240...............  Safety and rescue        Items which involve
                      equipment.               oxygen, or compressed
                                               gases, or contain
                                               emitting charges.
5610...............  Mineral construction     Hazardous items such as
                      materials, bulk.         cutback asphalt, deck and
                                               floor covering, deck and
                                               surface underlay
                                               compound, sealing
                                               compound, flight deck
                                               compound.
5660...............  Wallboard, building      Asbestos cloth which has
                      paper, and thermal       loose fibers or particles
                      insulation materials.    that may become airborne
                                               and materials containing
                                               formaldehyde.
5820...............  Radio and television     Circuit cooler items that
                      communication            contain gases that are
                      equipment, except        regarded as hazardous to
                      airborne.                the earth's ozone layer.
5835...............  Sound recording and      Recording tape cleaners
                      reproducing equipment.   that contain hazardous
                                               cleaning fluids.
5910...............  Capacitors.............  Items that contain
                                               polychlorinated biphenyls
                                               (PCBs) or sulfuric acid.
5915...............  Filters and networks...  Items that contain
                                               polychlorinated biphenyls
                                               (PCBs).
5920...............  Fuses and lightning      Items that contain
                      arresters.               radioactive material.
5925...............  Circuit breakers.......  Items that contain
                                               radioactive material.
5930...............  Switches...............  Items containing
                                               radioactive materials.
5935...............  Connectors, electrical.  Kits that contain
                                               flammable chemicals.
5950...............  Coils and transformers.  Items containing
                                               polychlorinated biphenyls
                                               (PCBs).
5960...............  Electron tubes and       Tubes which contain
                      associated hardware.     radioactive isotopes and
                                               require warning labels
                                               and megnetron tubes which
                                               require special
                                               precautions when being
                                               prepared for air
                                               shipment.
5965...............  Headsets, handsets,      Items containing magnetic
                      microphones, and         material.
                      speakers.
5970...............  Electrical insulators    Items containing flammable
                      and insulating           solvents.
                      materials.
5975...............  Electrical hardware and  Items containing asbestos.
                      supplies.
5985...............  Antennas, waveguide,     Kits that contain
                      and related equipment.   flammable chemicals.
5999...............  Miscellaneous            Contact plates that
                      electrical and oxide     contain beryllium.
                      electronic components.
Group 61...........  Electric wire and power  Power factor capacitors
                      and distribution         containing PCBs.
                      equipment.
6120...............  Transformers:            Transformers containing
                      Distribution and power   PCBs.
                      station.

[[Page 377]]

 
6135...............  Batteries, primary.....  Lead-acid, lithium and
                                               mercury batteries and
                                               alkaline (with
                                               electrolyte).
6140...............  Batteries, secondary...  Items that are wet or
                                               moist containing
                                               corrosive or other
                                               hazardous compounds.
6145...............  Wire and cable,          Insulated wire containing
                      electrical.              asbestos.
6220...............  Electric vehicular       Items that contain
                      lights and fixtures.     mercury.
6230...............  Electric portable and    Items that contain wet
                      hand lighting            batteries.
                      equipment.
6240...............  Electric lamps.........  Items that contain
                                               mercury.
6260...............  Nonelectrical lighting   Items that contain
                      fixtures.                mercury.
6350...............  Miscellaneous signal     Items that contain wet
                      and security detection   batteries or radioactive
                      systems.                 material.
6505...............  Drugs, biologicals and   Hazadous items as defined
                      official reagents.       in Sec.  101-42.001.
6508...............  Medicated cosmetics and  Hazardous items as defined
                      toiletries.              in Sec.  101-42.001
                                               subject to DOT Hazardous
                                               Materials Regulations.
6510...............  Surgical dressing        Items containing flammable
                      materials.               solvents.
6520...............  Dental instruments,      Items containing flammable
                      equipment, and           solvents, mercury, or
                      supplies.                asbestos.
6525...............  X-ray equipment and      Items containing hazardous
                      supplies: medical,       chemicals, solvents.
                      dental, veterinary.
6625...............  Electrical and           Items containing
                      electronic properties    radioactive materials.
                      measuring and testing
                      instruments.
6640...............  Laboratory equipment     Items containing flammable
                      and supplies.            compounds, mercury, or
                                               asbestos.
6685...............  Pressure, temperature,   Items containing mercury
                      and humidity and         or compressed gases.
                      measuring and
                      controlling
                      instruments.
6740...............  Photographic...........  Items containing
                                               radioactive compounds.
6750...............  Photographic supplies..  Items containing hazardous
                                               chamicals, solvents,
                                               thinners, and cements.
6780...............  Photographic sets, kits  Items containing hazardous
                      and outfits.             chemicals, solvents,
                                               thinners, and cements.
7360...............  Sets, kits, and          Items containing
                      outfits; food            compressed gases such as
                      preparation and          fire extinguishers.
                      serving.
7510...............  Office supplies........  Hazardous items, such as
                                               thinners, cleaning
                                               fluids, flammable inks,
                                               and varnishes.
8405...............  Outerwear, men's.......  Maintenance kits
                                               containing flammable
                                               solvents.
8410...............  Outerwear, women's.....  Maintenance kits
                                               containing flammable
                                               solvents.
8415...............  Clothing, special        Maintenance kits
                      purpose.                 containing flammable
                                               solvents.
8465...............  Individual equipment...  Maintenance kits
                                               containing flammable
                                               solvents.
8510...............  Perfumes, toilet         Shipping containers, and
                      preparations, and        pressurized containers
                      powders.                 with flammable or
                                               nonflammable propellants.
8520...............  Toilet soap, shaving     Shipping containers,
                      preparations, and        pressurized containers
                      dentifrices.             with flammable or
                                               nonflammable propellants.
8720...............  Fertilizers............  Items containing weed and
                                               pest control or other
                                               harmful ingredients or
                                               because of their
                                               composition, are
                                               hazardous.
9390...............  Miscellaneous            Items containing fammable
                      fabricated nonmetallic   solvents or asbestos.
                      materials.
9920...............  Smokers' articles and    Ligher fuel and matches
                      matches.                 only.
9930...............  Memorials; cemeterial    Items containing
                      and mortuary equipment   formaldehyde or its
                      and supplies.            solutions.
------------------------------------------------------------------------



Sec. 101-42.1102  Special requirements for utilization, donation, sale, and abandonment or destruction of hazardous materials and certain categories of 
          property.



Sec. 101-42.1102-1  Asbestos.

    (a) General. (1) Asbestos is the common name for a group of natural 
minerals that occur as masses of compact or relatively long silky 
fibers. The Environmental Protection Agency classified asbestos as a 
hazardous air pollutant in 1972.
    (2) Friable asbestos materials contain more than one percent 
asbestos by weight and can, by hand pressure, be crumbled, pulverized, 
or reduced to powder, thus allowing for potential release of asbestos 
fibers into the air.
    (3) Nonfriable asbestos materials cannot, when dry, be crumbled, 
pulverized, or reduced to powder by hand pressure and contain asbestos 
which is bonded or otherwise rendered unavailable for release into the 
atmosphere through normal usage. However, cutting, sanding, crushing, or 
performing some other disruptive action on items containing nonfriable 
asbestos can release asbestos fibers into the air.
    (4) As noted in this Sec. 101-42.1102-1, property containing friable 
asbestos

[[Page 378]]

normally shall not be transferred, donated, or sold. Notwithstanding 
these provisions, holding agencies may, on a case-by-case basis, request 
approval from the GSA Central Office (which will consult with EPA) to 
transfer, donate, or sell such property if, in the judgement of the 
holding agency, special circumstances warrant such action.
    (b) Utilization requirements. (1) Excess personal property known to 
contain friable asbestos shall not be reported to GSA nor transferred 
among Federal agencies except as noted in Sec. 101-42.205(c) or 
paragraph (a)(4) of this section. GSA regional offices shall return any 
reports of excess property containing friable asbestos to the holding 
agency with instructions to dispose of the property under paragraph (e) 
of this section.
    (2) Excess personal property containing nonfriable asbestos shall be 
reported and processed in the normal manner, as provided for in part 
101-43, except that:
    (i) The Standard Form (SF) 120, Report of Excess Personal Property, 
and SF 122, Transfer Order, Excess Personal Property, and any other 
appropriate documentation shall include the following warning:

                                 Warning

    This property contains asbestos. Inhaling asbestos fibers may cause 
cancer. Do not release fibers by cutting, crushing, sanding, 
disassembling, or otherwise altering this property. End users and new 
owners, if transferred, should be warned. OSHA standards for personnel 
protection are codified at 29 CFR 1910.1001. EPA disposal standards are 
codified at 40 CFR part 763.

    (ii) Immediately after excess determination, all items of personal 
property known to contain nonfriable asbestos shall be labeled with a 
warning substantially as follows:

                                 Warning

    This property contains asbestos. Inhaling asbestos fibers may cause 
cancer. Do not release fibers by cutting, crushing, sanding, 
disassembling, or otherwise altering this property.

    (c) Donation requirements. (1) Surplus personal property containing 
friable asbestos shall not be donated. Such property shall be disposed 
of under paragraph (e) of this section.
    (2) Surplus personal property containing nonfriable asbestos may be 
donated in the normal manner as provided for in part 101-44, except 
that:
    (i) The Standard Form (SF) 123, Transfer Order Surplus Personal 
Property, and any other appropriate documentation shall include the 
warning as provided by paragraph (b)(2)(i) of this section.
    (ii) All items of personal property to be donated which contain 
nonfriable asbestos shall be labeled as provided by paragraph (b)(2)(ii) 
of this section.
    (d) Sales requirements. (1) Surplus personal property containing 
friable asbestos shall not be sold. Such property shall be disposed of 
under paragraph (e) of this section.
    (2) Surplus personal property containing nonfriable asbestos may be 
sold as provided for in part 101-45, except that:
    (i) Any documentation which lists the property to be sold and which 
is prepared incident to the sale, and any printed matter which 
advertises the sale of personal property containing nonfriable asbestos 
shall include the warning as provided by paragraph (b)(2)(i) of this 
section.
    (ii) All items of personal property to be sold which contain 
nonfriable asbestos shall be labeled as provided by paragraph (b)(2)(ii) 
of this section.
    (e) Abandonment and destruction. (1) Excess or surplus personal 
property which contains friable asbestos shall be disposed of by burial 
in a site which meets the requirements of 40 CFR 61.156. Holding 
agencies should contact the nearest office of the Environmental 
Protection Agency for assistance with regard to disposal of asbestos 
containing materials (with the exception of Department of Defense 
activities which should contact the Defense Logistics Agency).
    (2) Personal property containing nonfriable asbestos which is not 
transferred, donated, or sold shall be abandoned or destroyed as 
provided for in subpart 101-45.9. However, if the holding agency judges 
that the nonfriable asbestos contained in the property has the potential 
of becoming friable for

[[Page 379]]

any reason during the process of abandonment or destruction, such 
property shall be disposed of as provided in paragraph (e)(1) of this 
section.



Sec. 101-42.1102-2  Polychlorinated biphenyls.

    (a) General. (1) Polychlorinated biphenyls (PCBs) are one member of 
a class of chlorinated aromatic compounds which have been determined to 
be hazardous to health and the environment. They are used, among other 
things, as insulators and coolants for electric cables and components 
such as transformers and capacitors, as additives for extreme pressure 
lubricants, and as coatings in foundry use.
    (2) Substances containing PCBs are divided into three classes 
according to the concentration of PCBs present, as measured by parts per 
million (ppm).
    (i) Zero through 49 ppm is classified as an excluded PCB product.
    (ii) Fifty through 499 ppm PCB is classified as PCB item.
    (iii) Five hundred or greater ppm PCB is classified as PCB.
    (3) Excluded PCB products (0-49 ppm PCB) are not subject to Federal 
restrictions and may be transferred, donated, sold, or otherwise 
processed under parts 101-43 through 101-46 of this chapter provided 
such processing conforms to the provisions of this section and all 
applicable State and local laws. Some States regulate PCB concentrations 
at a stricter level than does the Federal Government.
    (4) All PCBs and PCB items to be transferred, donated, or sold shall 
be labeled or marked conspicuously with a warning substantially as 
follows:

    Caution--This item contains PCBs (polychlorinated biphenyls), a 
toxic environmental contaminant requiring special handling and disposal 
in accordance with the U.S. Environmental Protection Agency regulation 
(40 CFR 761), applicable State laws, and 41 CFR 101-42.1102-2. For 
proper disposal information, contact the nearest EPA office. For 
transportation requirements, see 49 CFR Parts 171-180.

    (5) Unmarked or unlabeled items containing PCBs or PCB items with an 
unknown level of concentration of PCBs shall not be transferred, 
donated, or sold.
    (b) Utilization requirements. (1) PCBs and PCB items are reported 
for utilization screening in accordance with Sec. 101-42.204.
    (2) Transfers of excess PCBs or PCB items shall not be approved by 
GSA unless:
    (i) The items are intact, non-leaking, and totally enclosed.
    (ii) The SF 122, Transfer Order Excess Personal Property, or other 
transfer document cites the specific provision in 40 CFR Part 761 that 
permits continued use of the item, and contains a certification that the 
property has been inspected by the transferee and complies with all the 
use, inspection, labeling, and other provisions of 40 CFR part 761.
    (3) When a PCB or PCB item is transferred as excess to another 
agency, the receiving agency shall annotate its property accountability 
records to reflect the nature and extent of the PCB content and shall 
list the provisions of 40 CFR part 761 authorizing use of the item. If 
tests are conducted to ascertain the nature and extent of PCB 
contamination, the receiving agency shall furnish the GSA regional 
office with a copy of the test results. Such information shall be 
perpetuated on any notification or release documents when the agency 
disposes of the property.
    (c) Donation requirements. (1) No PCB or PCB-contaminated items 
shall be approved by GSA for donation under part 101-44 unless:
    (i) The certification required by Sec. 101-42.1102(a)(4) appears on 
the SF 123, Transfer Order Surplus Personal Property;
    (ii) The specific donee has been determined; and
    (iii) A justification from the recipient is attached stating the 
proposed use of the property and citing the specific provision in 40 CFR 
part 761 that permits continued use of the item.
    (2) All PCBs and PCB items must be in usable condition and in 
working order to be eligible for donation. Such items that are not in 
usable condition will not be approved for donation.
    (3) Items to be donated must be intact, totally enclosed, and non-
leaking.
    (4) If PCBs or PCB items are donated to service educational 
activities or to

[[Page 380]]

public airports, the Department of Defense or the Federal Aviation 
Administration, respectively, shall obtain the following signed warning 
and certification from the donee. State agencies for surplus property 
shall have the warning and certification typed or stamped on the face of 
each copy of the distribution document and signed and dated by the 
authorized representative of the donee organization at the time the 
property is issued.
    Warning and certification:

    The donee is aware that the item(s) listed as containing 
polychlorinated biphenyls (PCBs), a toxic environmental contaminant, 
require(s) special handling and disposal in accordance with U.S. 
Environmental Protection Agency regulation (40 CFR part 761) and U.S. 
Department of Transportation regulations codified in 49 CFR parts 171-
180. The donee certifies that this item will be handled and disposed of 
in accordance with applicable Federal statutes and regulations and 
applicable State laws.

    (d) Sales requirements. (1) Surplus PCBs or PCB items normally shall 
not be sold by GSA or holding agencies. These items are regarded as 
extremely hazardous and are to be disposed of by the holding agency 
under the Environmental Protection Agency regulations.
    (2) Agencies may request the authority to sell, or that GSA sell, a 
specific PCB or PCB item. Such requests shall cite the provision in 40 
CFR part 761 that authorizes sale and continued use of the specific 
item. Any such requests shall also include a justification for sale of 
the item rather than disposal under the EPA regulations.
    (3) If PCBs or PCB items are to be sold, the corresponding 
invitation for bids (IFB), any Standard Form (SF) which lists such 
items, and any printed matter which advertises the sale of such items 
shall contain the warning as provided in paragraph (a)(4) of this 
section.
    (e) Abandonment and destruction. (1) PCBs and PCB items of personal 
property not disposed of via utilization, donation, or sale shall be 
destroyed or otherwise disposed of in accordance with the Environmental 
Protection Agency regulation (40 CFR part 761) and applicable State 
laws.
    (2) Holding agencies shall contact the nearest office of the EPA for 
assistance in complying with the provisions of 40 CFR part 761.



Sec. 101-42.1102-3  Controlled substances.

    (a) Utilization requirements. (1) Excess controlled substances are 
not required to be reported to GSA, but are subject to the utilization 
screening requirements of Sec. 101-43.311-2. Holding agencies shall make 
reasonable efforts to obtain utilization of excess controlled substances 
by offering them to those Federal agencies which certify that they are 
registered with the Drug Enforcement Administration (DEA), Department of 
Justice, and are authorized to procure the particular controlled 
substances requested for transfer. The certification shall include the 
registration number on the DEA Form 223, Certificate of Registration, 
issued by DEA.
    (2) Holding agencies shall arrange for transfers of controlled 
substances under Secs. 101-43.309-5 and 101-42.207.
    (3) All controlled substances that a holding agency determines to be 
excess shall become surplus after the holding agency has complied with 
the utilization requirements of paragraph (a)(1) of this section.
    (b) Donation requirements. Controlled substances shall not be 
donated.
    (c) Sales requirements. Surplus controlled substances which are not 
required to be destroyed as provided in paragraph (d) of this section 
may be offered for sale by sealed bid under subpart 101-45.3 provided:
    (1) The invitation for bids (IFB):
    (i) Consists only of surplus controlled substances;
    (ii) Requires the normal bid deposit prescribed in Sec. 101-45.304-
10;
    (iii) Is distributed only to bidders who are registered with the 
DEA, Department of Justice, to manufacture, distribute, or dispense the 
controlled substances for which the bid is being submitted; and
    (iv) Contains the following special condition of sale:

    The bidder shall complete, sign, and return with his/her bid the 
certificate as contained in this invitation. No award will be made or 
sale consummated until after this agency has obtained from the Drug 
Enforcement Administration, Department of Justice, verification that the 
bidder is registered to manufacture, distribute, or dispense those

[[Page 381]]

controlled substances which are the subject of the award.

    (2) The following certification shall be made a part of the IFB (and 
contract) to be completed and signed by the bidder and returned with the 
bid:

    The bidder certifies that he/she is registered with the Drug 
Enforcement Administration, Department of Justice, as a manufacturer, 
distributor, or dispenser of the controlled substances for which a bid 
is submitted and that the registration number is ________.
_______________________________________________________________________
Name of bidder (print or type)
_______________________________________________________________________
Signature of bidder
_______________________________________________________________________
Address of bidder (print or type)
_______________________________________________________________________
City, State, Zip code

    (3) As a condition precedent to making an award for surplus 
controlled substances, the following shall be submitted to the Drug 
Enforcement Administration (DEA), Department of Justice, Washington, DC 
20537, Attn: Regulatory Support Section (ODR):
    (i) The name and address of the bidder(s) to whom an award is 
proposed to be made and the bidder(s) registration number(s);
    (ii) The name and address of both the holding activity and the 
selling activity;
    (iii) A description of the controlled substances, how those 
substances are packaged, and the quantity of substances proposed to be 
sold to the bidder;
    (iv) The identification of the IFB by its number, and date on which 
such bid(s) expire(s); and
    (v) A request for advice as to whether the bidder is a registered 
manufacturer, distributor, or dispenser of controlled substances.
    (d) Destruction of controlled substances. Controlled substances 
shall not be abandoned, and destruction of controlled substances must be 
accomplished in accordance with the terms and conditions applicable to 
drugs, biologicals, and reagents under Sec. 101-42.1102-5(d).
    (1) The following shall be destroyed by the holding agency or State 
agency:
    (i) Controlled substances determined surplus at one time and one 
place with an acquisition cost of less than $500;
    (ii) Controlled substances in a deteriorated condition or otherwise 
unusable;
    (iii) Controlled substances for sale in accordance with Sec. 101-
42.1102-3(c) but for which no satisfactory or acceptable bids were 
received.
    (2) In addition to the requirements set forth herein, each executive 
agency and State agency shall comply with the DEA regulations, 21 CFR 
1307.21, which provide procedures for disposing of controlled 
substances, or with equivalent procedures approved by DEA.
    (3) Destruction of controlled substances shall be performed by an 
employee of the holding agency or State agency in the presence of two 
additional employees of the agency as witnesses to that destruction 
unless the special agent in charge (SAC) of the DEA Divisional Office 
directs otherwise.



Sec. 101-42.1102-4  Nuclear Regulatory Commission-controlled materials.

    (a) General. The Nuclear Regulatory Commission (NRC) has exclusive 
control over licensing, use, transfer, and disposition of NRC-controlled 
materials.
    (b) Transfer of NRC-controlled materials. NRC-controlled materials 
shall not be reported to GSA as excess personal property, nor shall they 
be made available for excess and surplus screening as nonreportable 
property. Transfer and disposition of such materials do not require GSA 
approval and shall be accomplished only under the applicable regulations 
of the NRC (see 10 CFR parts 30 through 35, 40, and 70).
    (c) Information and inquiries. All inquiries for further information 
or specific instructions regarding the licensing, use, transfer, or 
disposition of NRC-controlled materials shall be directed to the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555.



Sec. 101-42.1102-5  Drugs, biologicals, and reagents other than controlled substances.

    In addition to the requirements of subparts 101-42.2 through 101-
42.4, drugs, biologicals, and reagents which are fit for human use shall 
be reported as provided in this Sec. 101-42.1102-5. Drugs, biologicals, 
and reagents that

[[Page 382]]

are controlled substances are subject to the provisions of Sec. 101-
42.1102-3.
    (a) Utilization requirements. Excess drugs, biologicals, and 
reagents shall be reported or otherwise made available to GSA as 
provided in Sec. 101-42.204 and subpart 101-43.3. Drugs, biologicals, 
and reagents other than controlled substances may be separately packaged 
or may be components of a drug kit. Drug kits shall be clearly labeled 
to identify components unfit for human use. The holding agency shall 
destroy, as provided in paragraph (d) of this section, both separately 
packaged items and kit components which have been determined by the 
holding agency to be unfit for human use. However, items determined 
unfit because of expired shelf life may be transferred for animal 
experimental use on a case-by-case basis subject to prior approval by 
GSA.
    (b) Donation requirements. Surplus drugs, biologicals, and reagents 
other than controlled substances which are not required to be destroyed 
as provided in paragraph (d) and which are not transferred pursuant to 
paragraph (a) of this section may be donated to eligible organizations 
as provided in subpart 101-42.3 and part 101-44. Drugs, biologicals, and 
reagents which are unfit for human use will not be offered for donation. 
However, items determined unfit because of expired shelf life may be 
donated for animal experimental use on a case-by-case basis subject to 
prior approval by GSA.
    (1) When surplus drugs, biologicals, and reagents are considered for 
donation, a letter of clearance shall be obtained by the State agency or 
designated donee from the Food and Drug Administration (FDA) indicating 
that the items requested may be safely donated. The letter of clearance 
must accompany the SF 123. Items which do not fall within the purview of 
FDA, or which FDA indicates are unsuitable, will not be considered by 
GSA for donation.
    (2) For purposes of obtaining the letter of clearance from FDA, the 
State agency or designated donee shall be responsible for obtaining 
samples from the holding agency, providing these samples to FDA, and 
ensuring the security of the samples while in transit. Before laboratory 
examinations are undertaken by FDA, an estimate of the expected cost of 
the quality assurance examination shall be furnished by FDA to the State 
agency or donee. Payment of any costs for laboratory examinations for 
quality assurance of samples shall be arranged by the State agency or 
donee.
    (3) Surplus drugs, biologicals, and reagents requested for donation 
by State agencies shall not be transported by the State agency or stored 
in its warehouse prior to distribution to donees. Arrangements will be 
made by the State agency for the donee to make direct pickup at the 
holding agency after approval by GSA and after notification by the 
holding agency that the property is ready for pickup.
    (4) Standard Forms 123 from a State agency requesting surplus drugs, 
biologicals, and reagents for donation shall not be processed or 
approved by GSA until it has been determined by the GSA donation 
representative that the specific donee is legally licensed to 
administer, dispense, store, or distribute such property.
    (5) The SF 123 shall also contain a statement that:
    (i) The property is being requested for donation to a specific donee 
whose complete name and address, including the name and telephone number 
of the donee's authorized representative, appear on the front of the SF 
123 in block 12, and that a copy of the donee's license, registration, 
or other legal authorization to administer, dispense, store, or 
distribute such property is attached and made a part of the SF 123;
    (ii) The items will be distributed only to institutions licensed and 
authorized to administer and dispense such items or to organizations 
authorized to store such items; and
    (iii) In addition to the normal certifications required to be 
executed by authorized representatives of donee institutions or 
organizations when property is acquired by donation, the State agency 
shall obtain a certification from the donee indicating that:
    (A) The items transferred to the donee institution or organization 
will be safeguarded, dispensed, and administered under competent 
supervision;
    (B) Adequate facilities are available to effect full accountability 
and proper

[[Page 383]]

storage of the items under the Federal, State, and local statutes 
governing their acquisition, storage, and accountability;
    (C) The administration or use of the items requested shall be in 
compliance with the Federal Food, Drug, and Cosmetic Act, as amended (21 
U.S.C. 301-394).
    (c) Sales requirements. Surplus drugs, biologicals, and reagents 
other than controlled substances which are not required to be destroyed 
as provided in paragraph (d) and which are not transferred pursuant to 
paragraph (a) or (b) of this section may be offered for sale by sealed 
bid under the provisions of subparts 101-45.3 and 101-42.4. The 
following safeguards and instructions shall be observed to ensure 
stability, potency, and suitability of the product and its labeling for 
use in civilian channels:
    (1) Before reporting the surplus drugs, biologicals, and reagents to 
the selling agency pursuant to the provisions of Secs. 101-45.303 and 
101-42.402, holding agencies shall request that an examination be made 
by the Field Scientific Coordination Staff, ACFA-CF-30, located in the 
appropriate FDA district office, of surplus unexpired drugs and 
reagents, having an acquisition cost of $500 or more per manufacturer's 
lot/batch number.
    (i) When requesting such an examination, FDA requires the submission 
of a list and one sample of each of the drugs to be examined.
    (ii) Additional samples may be requested if necessary for laboratory 
examination. Reimbursement for examination of the surplus drugs or 
reagents may be required by FDA. Before laboratory examinations are 
undertaken, FDA will give the inquiring agency an estimate of the 
expected costs. If, under subpart 101-45.9, the cost of the quality 
assurance is not justified by the value of the material involved, the 
lot or lots may be destroyed.
    (iii) The reporting document prescribed in Sec. 101-45.303(b) shall 
have attached to it a copy of the letter received by the reporting 
agency from FDA stating that the articles offered have been reviewed and 
may appropriately be distributed or sold, subject when necessary to 
specified limitations.
    (2) Surplus drugs, biologicals, and reagents normally shall not be 
physically transferred to the selling agency but should remain at the 
holding agency for precautionary and safety measures.
    (3) Surplus drugs, biologicals, and reagents shall be sold only to 
those entities which are legally qualified to engage in the sale, 
manufacture, or distribution of such items.
    (4) Sales of surplus drugs, biologicals, and reagents other than 
controlled substances shall be processed as follows:
    (i) The invitation for bids (IFB) shall:
    (A) Consist only of surplus drugs, biologicals, and reagents;
    (B) Contain the expiration date of material being offered for sale;
    (C) Describe the composition of the material being offered for sale;
    (D) Require the normal bid deposit prescribed in Sec. 101-45.304-10; 
and
    (E) Contain the following special condition of sale:

    The bidder shall complete, sign, and return with his/her bid the 
certification as contained in this invitation. No award will be made or 
sale consummated until after this agency has determined that the bidder 
is legally licensed to engage in the manufacture, sale, or distribution 
of drugs.

    (ii) The following certification shall be made a part of the 
invitation for bids (and contract), to be completed and signed by the 
bidder, and returned with the bid with a copy of his/her license. 
Failure to sign the certification may result in the bid being rejected 
as nonresponsive.

    The bidder certifies that he/she is legally licensed to engage in 
the manufacture, sale, or distribution of drugs, and proof of his/her 
license to deal in such materials is furnished with this bid.

_______________________________________________________________________
Name of bidder (print or type)

_______________________________________________________________________
Signature of bidder

_______________________________________________________________________
Address of bidder (print or type)

_______________________________________________________________________
City, State, ZIP code

    (d) Destruction of surplus drugs, biologicals, and reagents. (1) 
Surplus drugs, biologicals, and reagents shall

[[Page 384]]

not be abandoned under any circumstances. The following shall be 
destroyed by the holding agency under the provisions of this paragraph 
(d):
    (i) Surplus drugs, biologicals, and reagents determined by the 
holding agency to be unsafe because of deterioration or overage 
condition, in open or broken containers, recommended for destruction by 
FDA, unfit for human consumption, or otherwise unusable; and
    (ii) Surplus drugs, biologicals, and reagents which have been 
offered for sale under the provisions of paragraph (c) of this section 
but for which no satisfactory or acceptable bid or bids have been 
received.
    (2) When surplus drugs, biologicals, and reagents are required to be 
destroyed by the holding agency or State agency, they shall be destroyed 
in such a manner as to ensure total destruction of the substance to 
preclude the use of any portion thereof. When major amounts are to be 
destroyed, the action shall be coordinated with local air and water 
pollution control authorities.
    (3) Destruction of surplus drugs, biologicals, and reagents shall be 
performed by an employee of the holding agency or State agency in the 
presence of two additional employees of the agency as witnesses to that 
destruction.
    (i) Disposal of Resource Conservation and Recovery Act (RCRA) 
regulated, noncontrolled, condemned hazardous substances in Federal 
supply class (FSC) 6505 shall be destroyed without the witnessing by two 
employees of the agency. The controls which the Environmental Protection 
Agency places upon the disposal of RCRA regulated noncontrolled drugs, 
40 CFR part 260 et seq., are sufficiently stringent to ensure that these 
drugs will be destroyed without agency witnessing.
    (ii) It is the holding agency's responsibility to take all necessary 
measures to ensure that contractor performance is in accordance with the 
provisions of this Sec. 101-42.1102-5.
    (4) When surplus drugs, biologicals, and reagents have been 
destroyed, the fact, manner, and date of the destruction and type and 
quantity destroyed shall be so certified by the agency employee charged 
with the responsibility for that destruction. The two agency employees 
who witnessed the destruction shall sign the following statement, except 
as noted in paragraph (d)(3) of this section, which shall appear on the 
certification below the signature of the certifying employee:

    I have witnessed the destruction of the (drugs, biologicals, and 
reagents) described in the foregoing certification in the manner and on 
the date stated herein:

____________________  ____________________
Witness                      Date
____________________  ____________________
Witness                      Date

    (5) Items mentioned parenthetically in the statement contained in 
paragraph (d)(5) of this section which are not applicable at the time of 
destruction shall be deleted from the statement. The signed 
certification and statement of destruction shall be made a matter of 
record and shall be retained in the case files of the holding agency or 
State agency.



Sec. 101-42.1102-6  Noncertified and certified electronic products.

    (a) Utilization requirements.(1) Excess electronic items for which 
radiation safety performance standards are prescribed by FDA under 21 
CFR Part 1000 shall be reported or otherwise made available for transfer 
to Federal agencies under subparts 101-43.3 and 101-42.2. Excess reports 
shall identify noncertified electronic products and shall contain a 
statement that the items may not be in compliance with applicable 
radiation safety performance standards prescribed by FDA under 21 CFR 
Part 1000. Certified electronic products may be reported and transferred 
under the procedures in part 101-43.
    (2) Transfers of noncertified electronic products among Federal 
agencies shall be accomplished as set forth in Secs. 101-42.207, 101-
43.309, and paragraph (a) of this section. The transfer order must 
contain a certification that the transferee is aware of the potential 
danger in using the item without a radiation test to determine the 
acceptability for use and/or modification to bring it into compliance 
with the radiation safety performance standard prescribed for the item 
under 21 CFR Part 1000 and agrees to accept the item from

[[Page 385]]

the holding agency under these conditions.
    (b) Donation requirements. (1) Surplus noncertified and certified 
electronic products not required for transfer as excess personal 
property to Federal agencies under paragraph (a) of this section shall 
be made available for donation screening as provided in subpart 101-42.3 
and part 101-44 and as follows:
    (i) Under paragraph (b)(2) of this section in the case of:
    (A) Noncertified color television receivers;
    (B) Certified and noncertified diagnostic X-ray systems and their 
major components;
    (C) Certified and noncertified cabinet X-ray systems;
    (D) Noncertified laser products; or
    (E) Any other electronic products subject to an FDA performance 
standard.
    (ii) Only under conditions of destructive salvage in the case of 
noncertified cold-cathode gas discharge tubes, noncertified black and 
white television receivers, and noncertified microwave ovens.
    (2) Donation of electronic products designated in paragraph 
(b)(1)(i) of this section shall be accomplished as provided in Sec. 101-
44.109 provided the State agency, Department of Defense (DOD), or 
Federal Aviation Administration (FAA):
    (i) Provides the applicable State radiation control agency (see 
Sec. 101-45.4809) with a copy of the SF 123 and the name and address of 
the donee; and
    (ii) Requires the donee to certify on the SF 123 that it:
    (A) Is aware of the potential danger in using the product without a 
radiation test to determine the acceptability for use and/or 
modification to bring it into compliance with the radiation safety 
performance standard prescribed for the item under 21 CFR part 1000, and 
agrees to accept the item from the holding agency for donation under 
those conditions;
    (B) Agrees the Government shall not be liable for personal injuries 
to, disabilities of, or death of the donee or the donee's employees, or 
any other person arising from or incident to the donation of the item, 
its use, or its final disposition; and
    (C) Agrees to hold the Government harmless from any or all debts, 
liabilities, judgments, costs, demands, suits, actions, or claims of any 
nature arising from or incident to the donation of the item, its use, or 
its final disposition.
    (c) Sales requirements. (1) The sale of the following certified and 
noncertified surplus electronic products which are not required for 
transfer or donation shall be accomplished under Sec. 101-45.304, 
subpart 101-42.4, and the special conditions of sale in this paragraph 
(c).
    (i) Noncertified color and black and white television receivers;
    (ii) Noncertified microwave ovens;
    (iii) Noncertified and certified diagnostic X-ray systems and their 
major components;
    (iv) Noncertified and certified cabinet X-ray systems;
    (v) Noncertified laser products;
    (vi) Noncertified cold-cathode gas discharge tubes under conditions 
of scrap or destructive salvage; and
    (vii) Any other noncertified electronic product for which FDA may 
promulgate a performance standard.
    (2) The IFB shall contain a notice to bidders substantially as 
follows:

    Purchasers are warned that the item purchased herewith may not be in 
compliance with Food and Drug Administration radiation safety 
performance standards prescribed under 21 CFR part 1000, and use may 
constitute a potential for personal injury unless modified. The 
purchaser agrees that the Government shall not be liable for personal 
injuries to, disabilities of, or death of the purchaser, the purchaser's 
employees, or to any other persons arising from or incident to the 
purchase of this item, its use, or disposition. The purchaser shall hold 
the Government harmless from any or all debts, liabilities, judgments, 
costs, demands, suits, actions, or claims of any nature arising from or 
incident to purchase or resale of this item. The purchaser agrees to 
notify any subsequent purchaser of this property of the potential for 
personal injury in using this item without a radiation survey to 
determine the acceptability for use and/or modification to bring it into 
compliance with the radiation safety performance standard prescribed for 
the item under 21 CFR part 1000.

    (3) Within 30 calendar days following award, the selling agency 
shall provide the State radiation control agency for the State in which 
the buyer is located (see Sec. 101-45.4809) with a written notice of the 
award that includes the name

[[Page 386]]

and address of the purchaser and the description of the item sold.
    (d) Abandonment or destruction. Noncertified and certified 
electronic products shall be abandoned under the provisions of subpart 
101-45.9 and Sec. 101-42.406.



Sec. 101-42.1102-7  Lead-containing paint and items bearing lead-containing paint.

    (a) General--(1) Health hazard. Lead is a cumulative toxic heavy 
metal which, in humans, exerts its effects on the renal, hematopoietic, 
and nervous systems. Lead poisoning occurs most commonly when lead-
containing paint chips in the environment are chewed or ingested by 
children or when lead-containing paint is burned off.
    (2) Banned hazardous products. The following consumer products, in 
accordance with 16 CFR part 1303 and exemptions stated therein unless 
exempted by 16 CFR part 1303, are banned hazardous products:
    (i) Paint and other similar surface coating materials for consumer 
use which are included within the definition of lead-containing paint.
    (ii) Toys and other articles intended for use by children that bear 
lead-containing paint.
    (iii) Furniture articles that bear lead-containing paint.
    (3) Disposal of banned hazardous products. When a banned hazardous 
product described in paragraph (a)(2) of this section becomes excess to 
a holding agency, it shall be destroyed under paragraph (e) of this 
section except that those furniture articles that bear lead-containing 
paint may be stripped and refinished with a nonhazardous coating in lieu 
of destruction. Stripping shall be in conformance with Occupational 
Safety and Health Administration (OSHA) regulations at 29 CFR 1910.1025 
which specify maximum permissible levels of exposure to airborne 
concentrations of lead particles and set forth methods of protection.
    (4) Exemptions. (i) The categories of products listed in paragraph 
(a)(4)(ii) of this section are exempted from the scope of the ban 
established by 16 CFR Part 1303, provided that before any utilization, 
donation, or sales action:
    (A) These products bear on the main panel of their label, in 
addition, to any labeling that may be otherwise required, the signal 
word Warning and the following statement: Contains Lead. Dried Film of 
This Paint May be Harmful If Eaten or Chewed.
    (B) These products also bear on their label the following additional 
statement or its practical equivalent:

    Do not apply on toys and other children's articles, furniture, or 
interior surfaces of any dwelling or facility which may be occupied or 
used by children. Do not apply on exterior surfaces of dwelling units, 
such as window sills, porches, stairs, or railings, to which children 
may be commonly exposed.

                      Keep Out of Reach of Children

    (C) The additional labeling requirements contained in 16 CFR 1303.3 
and 16 CFR 1500.121 are followed.
    (ii) The following products are exempt from the scope of the ban 
established by 16 CFR part 1303, provided they comply with the 
requirements of paragraph (a)(4)(i) of this section:
    (A) Agricultural and industrial equipment refinish coatings.
    (B) Industrial (and commercial) building and equipment maintenance 
coatings, including traffic and safety marking coatings.
    (C) Graphic art coatings (i.e., products marketed solely for 
application on billboards, road signs, and similar uses and for 
identification marking in industrial buildings).
    (D) Touchup coatings for agricultural equipment, lawn and garden 
equipment, and appliances.
    (E) Catalyzed coatings marketed solely for use on radio-controlled 
model-powered aircraft.
    (iii) The following products are exempt from the scope of the ban 
established by 16 CFR part 1303 (no cautionary labeling is required):
    (A) Mirrors which are part of furniture articles to the extent that 
they bear lead-containing backing paint.
    (B) Artists' paints and related materials.
    (C) Metal furniture articles (but not metal children's furniture) 
bearing factory-applied (lead) coatings.
    (b) Utilization requirements. (1) Excess lead-containing paint and 
consumer products bearing lead containing paint which are exempt from 
the scope of the

[[Page 387]]

ban and are properly labeled as required by 16 CFR part 1303 and 
paragraph (a)(4) of this section shall be reported or otherwise made 
available to GSA under Secs. 101-43.311 and 101-42.204.
    (2) Lead-containing paint and consumer products bearing lead-
containing paint available for further Federal use as provided in 
paragraph (b)(1) of this section may be transferred under Secs. 101-
43.309 and 101-42.207. The warning statement on the transfer order shall 
be substantially the same as the label statements required by paragraphs 
(a)(4)(i) (A) through (C) of this section, and such information shall be 
made a part of the accountable record of the transferee agency.
    (c) Donation requirements. (1) Surplus lead-containing paint and 
consumer products bearing lead-containing paint which are exempt from 
the scope of the ban, and are properly labeled as required by 16 CFR 
part 1303 and paragraph (a)(4) of this section may be donated.
    (2) The hazardous warning statement on the SF 123 shall be the same 
as the label statements required by paragraphs (a)(4)(i) (A) through (C) 
of this section. The recipient shall maintain the hazardous warning 
statements in the inventory records for the property and furnish 
appropriate warning information to subsequent recipients. The SF 123 and 
any other transaction documentation for such property shall contain a 
certification substantially as follows:

    The property requested herein shall be used only as specified in 16 
CFR 1303.3 and in no case shall be contacted by children. I agree the 
Government shall not be liable for personal injuries to, disabilities 
of, or death of the donee's employees, or any other person arising from 
or incident to the donation of this property, its use, or its final 
disposition; and to hold the Government harmless from any or all debts, 
liabilities, judgments, costs, demands, suits, actions or claims of any 
nature arising from or incident to the donation of this property, its 
use, or its final disposition.

    (d) Sales requirements. (1) Lead-containing paint and consumer 
products bearing lead-containing paint which are exempt from the scope 
of the ban and are properly labeled as required by 16 CFR part 1303 and 
paragraph (a)(4) of this section may be sold under Sec. 101-45.304, 
Subpart 101-42.4, and the special requirements of this paragraph (d).
    (2) IFBs for such property shall clearly state the hazardous warning 
statements contained in paragraphs (a)(4)(i) (A) through (C) of this 
section and appropriate agreement clauses. The bid page shall contain a 
certification substantially as follows which must be properly executed. 
Failure to sign the certification may result in the bid being rejected 
as nonresponsive.

    I certify that I have read and fully comprehend the aforementioned 
terms and conditions of this sale. I shall comply with the applicable 
Consumer Product Safety Commission regulations set forth in 16 CFR part 
1303 if I am the successful bidder. I further agree the Government shall 
not be liable for personal injuries to, disabilities of, or death of any 
persons arising from or incident to the sale of this property, its uses, 
or its final disposition; and to hold the Government harmless from any 
or all debts, liabilities, judgments, costs, demands, suits, actions, or 
claims of any nature arising from or incident to the sale of this 
property, its use, or its final disposition.

    (3) Lead-containing paint and consumer products bearing lead-
containing paint shall not be sold under the limited sales by holding 
agencies authority in Sec. 101-45.304.
    (e) Abandonment and destruction. In no case shall lead-containing 
paint or consumer products bearing lead-containing paint be abandoned in 
a manner that would allow acquisition and use of such property. Such 
products shall be disposed of under Sec. 101-42.406. Empty cans/drums in 
which lead-containing paint was stored shall also be disposed of in 
accordance with this Sec. 101-42.1102-7.



Sec. 101-42.1102-8  United States Munitions List items which require demilitarization.

    (a) General. The United States Munitions List is located in 22 CFR 
part 121. A system of demilitarization codes has been developed and an 
appropriate code assigned to each Munitions List Item (MLI) to describe 
what, if any, restrictions or actual demilitarization requirements apply 
to each item. These codes, in addition to demilitarization policy and 
procedures for all surplus military items which are owned, procured by, 
or under the control of the

[[Page 388]]

Department of Defense, are contained in the Defense Demilitarization 
Manual (DoD 4160.21-M-1). This Sec. 101-42.1102-8 applies only to MLIs 
and is to be used in conjunction with guidance in parts 101-42, 101-44, 
and 101-45.
    (b) Utilization requirements. (1) Federal agencies acquiring MLIs 
which require demilitarization shall perpetuate the demilitarization 
codes in their property records and on subsequent reports of excess 
personal property submitted to GSA. Demilitarization shall be a 
condition of transfer of excess MLIs.
    (2) Utilization without demilitarization of other than classified 
material is authorized only under the conditions cited in the Defense 
Demilitarization Manual, DoD 4160.21-M-1.
    (c) Donation requirements. (1) Donation without demilitarization of 
other than classified material is authorized only under the conditions 
cited in the Defense Demilitarization Manual, DoD 4160.21-M-1.
    (2) A State agency requesting the transfer of donation of MLIs 
identified as requiring demilitarization shall include the appropriate 
demilitarization code on the SF 123, and a statement that the State 
agency will obtain from the donee a certification that prior to further 
disposition, demilitarization of the property shall be performed by the 
donee under the demilitarization instructions for the code as set forth 
in the Defense Demilitarization Manual, DoD 4160.21-M-1. In the case of 
MLIs requested for donation by service educational activities or public 
airports pursuant to the provisions of subparts 101-44.4 and 101-44.5 
respectively, the donee shall include a statement on the SF 123 
certifying that appropriate demilitarization of the property will be 
accomplished under the requirements of the codes before further 
disposition.
    (3) Before disposing of MLIs identified as requiring 
demilitarization, donees may request demilitarization instructions from 
GSA through the State agency if the donation was made pursuant to 
subpart 101-44.2. Demilitarization instructions for such items donated 
to public airports, under subpart 101-44.5, may be requested through the 
Federal Aviation Administration. Demilitarization instructions for such 
items donated to service educational activities under subpart 101-44.4 
may be obtained directly from the Item Technical Manager within DOD for 
the item involved.
    (4) Demilitarization of property to be donated to public bodies 
under subpart 101-44.7 shall be accomplished in a manner to preserve so 
far as possible any civilian use or commercial value of the property, as 
prescribed in the minimum demilitarization requirements of the Defense 
Demilitarization Manual, DoD 4160.21-M-1.
    (d) Sales requirements. (1) Except for sales authorized by statute, 
sales of ``explosives'' and ``ammunition components'' authorized by 
paragraphs (d) (2) and (3) of this section, or specialized sales 
authorized by the Secretary of Defense, MLIs identified as requiring 
demilitarization shall not be reported for public sale without first 
being demilitarized under the requirements of the assigned code in the 
Defense Demilitarization Manual, DoD 4160.21-M-1 or requiring 
demilitarization under the terms and conditions of sale. GSA will, as 
necessary, refer technical questions on demilitarization to the 
Department of Defense.
    (2) Explosives. For the purpose of this section, the term explosive 
means any chemical compound, mixture, or device, the primary or common 
purpose of which is to function by explosion. The term includes, but is 
not limited to, dynamite and other high explosives, black powder, pellet 
powder, initiating explosives, detonators, safety fuses, squibs, 
detonating cord, igniter cord, igniters, and any other items appearing 
in the explosives list issued by the Secretary of the Treasury (18 
U.S.C. 841(d)). The explosives list is published and revised at least 
annually in the Federal Register by the Director, Bureau of Alcohol, 
Tobacco and Firearms, Department of the Treasury, as required by 27 CFR 
55.23. The following procedures shall apply in any disposal of 
explosives:
    (i) All explosives offered for sale shall be properly identified in 
the offering with respect to their hazardous characteristics.
    (ii) All explosives shall be labeled by the holding agency before 
shipment so that their hazardous or dangerous

[[Page 389]]

character will be immediately evident upon inspection.
    (iii) Purchasers of explosives shall be required, as a condition of 
sale, to execute the following certification:

    It is hereby certified that the purchaser will comply with all 
applicable Federal, State, and local laws, ordinances, and regulations 
with respect to the care, handling, storage, shipment, resale, export, 
and other use of the materials, hereby purchased, and that he/she is a 
user of, or dealer in, said materials and will comply with all 
applicable Federal, State, and local laws. This certification is made in 
accordance with and subject to the penalties of Title 18, Section 1001, 
the United States Code, Crime and Criminal Procedures.

    (3) Ammunition components. The term ``ammunition components'' means 
ammunition or cartridge cases, primers, bullets, or propellant powder 
designed for use in any firearm. The transportation of primers or 
propellent powder is governed by the Hazardous Materials Regulations (49 
CFR parts 170-189) promulgated by the Department of Transportation. 
Purchasers of such materials are responsible to certify, based on their 
own examination, that the materials are properly classified, described, 
packaged, marked, and labeled and are in proper condition for 
transportation in accordance with the Hazardous Materials Regulations. 
So that bidders will be notified of the special requirements concerning 
the purchase and transportation of usable ammunition components, the 
following statement shall be included in the IFBs and shall be made a 
part of the contract by including in it the bid form to be submitted by 
the bidders:

    Item No. ________ contains ammunition components offered for sale in 
this invitation. The undersigned certifies that he/she will comply with 
all applicable local, State, and Federal laws and regulations concerning 
ammunition components.

    (4) Scrap ammunition components. Ammunition components not usable or 
suitable for reuse as components of ammunition shall be reported and may 
be sold as scrap (for basic material content). With regard to such sale, 
the following statement shall be included in the invitation for bid and 
shall be made a part of the contract:

    I, ______, certify that ammunition components purchased by me as 
Item No. ________, will not be used for the original manufactured 
purpose.

    (e) Abandonment and destruction requirements. Besides the 
requirement of subpart 101-45.9, surplus munitions list items which 
require demilitarization shall be abandoned or disposed of under the 
requirements of Sec. 101-42.406, but only after performance of 
demilitarization under the requirements of the assigned code in the 
Defense Demilitarization Manual, DoD 4160.21-M-1.



Sec. 101-42.1102-9  Acid contaminated and explosive contaminated property.

    (a) Utilization requirements. (1) Acid contaminated or explosive 
contaminated property shall be considered extremely hazardous property, 
and as such is not to be reported to GSA as excess personal property. 
Such property may be available for transfer to qualified recipients; 
i.e., those who are able to submit valid justifications as required by 
paragraph (a)(3) of this section.
    (2) Excess acid contaminated or explosive contaminated property 
shall be properly labeled under the labeling requirements of Sec. 101-
42.204.
    (3) With the authorization of the appropriate GSA regional office, 
holding activities may transfer acid contaminated or explosive 
contaminated property in conformance with the requirements of Secs. 101-
43.309-5 and 101-42.207. In addition, the requesting agency must submit 
a written justification with the transfer order explaining the specific 
need for and the anticipated uses of the requested acid or explosive 
contaminated property, and certify that personnel in contact with the 
property shall be informed of the hazard and shall be qualified to 
safely handle or use it.
    (4) The degree of decontamination and the responsibility for 
performance and costs of any decontamination shall be upon such terms as 
agreed to by the owning agency and the receiving agency.
    (5) The receiving agency is responsible for all transportation 
arrangements and costs of acid contaminated or explosive contaminated 
property approved for transfer. Such property

[[Page 390]]

shall be transported in compliance with Sec. 101-42.405.
    (b) Donation requirements. Acid contaminated and explosive 
contaminated property may be donated only with the authorization of the 
appropriate GSA regional office.
    (c) Sales requirements. (1) With the authorization of the 
appropriate GSA regional office, holding activities may sell acid 
contaminated or explosive contaminated property under Sec. 101-45.304, 
subpart 101-42.4, and the additional special requirements of this 
paragraph (c). Agencies shall include in reports of such property for 
sale on SF 126, a statement of the degree of contamination and any 
decontamination that has been performed, such as a washdown.
    (2) Acid or explosive contaminated property shall be considered 
extremely hazardous property as defined in Sec. 101-42.001, and shall be 
described as such in sales offerings. Normally, acid or explosive 
contaminated property shall be sold with a condition that the purchaser 
sufficiently decontaminate the property to the degree that it is no 
longer extremely hazardous.
    (3) IFBs for acid or explosive contaminated property shall clearly 
state the specific hazards associated with the items offered, along with 
known special handling, transportation, and personnel protection 
requirements. The bid page shall contain a certification substantially 
as follows which must be properly executed by the bidder in order for 
the bid to be responsive:

    CERTIFICATION: It is hereby certified that the purchaser will comply 
with all the applicable Federal, State, and local laws ordinances and 
regulations with respect to the care, handling, storage, and shipment, 
resale, export, and other use of the materials, hereby purchased, and 
that he/she is a user of, or dealer in, said materials and will comply 
with all applicable Federal, State, or local laws and regulations. This 
certification is made in accordance with and subject to the penalties of 
Title 18, Section 1001, the United States Code, Crime and Criminal 
Procedures.

    (d) Abandonment and destruction. Acid contaminated or explosive 
contaminated property shall not be abandoned, and when destroyed, such 
destruction shall be accomplished under the provisions of subparts 101-
45.9 and Sec. 101-42.406.



Sec. 101-42.1102-10  Firearms.

    (a) Utilization requirements. (1) In accordance with Sec. 101-
43.4801(c) of this chapter, reports of excess reportable firearms and 
requests for their transfer must be submitted to the:

General Services Administration (7FP-8), Denver, CO 80225-0506.

    (2) Firearms may be transferred only to those Federal agencies 
authorized to acquire firearms for official use. Such transfers must be 
executed under Sec. 101-43.309-5 of this chapter and, when applicable, 
Sec. 101-42.1102-8(b). Additional written justification from the 
requesting agency may be required.
    (b) Donation requirements. (1) Only handguns, rifles, shotguns, and 
individual light automatic weapons, all less than .50 caliber in FSC 
1005, and rifle and shoulder fired grenade launchers in FSC 1010, 
assigned a disposal condition code of 4 or better, as defined in 
Sec. 101-43.4801(e) of this chapter, may be offered by GSA (7FP-8) to 
State agencies for donation to eligible law enforcement entities for law 
enforcement purposes only. Donations are limited to only those eligible 
law enforcement entities whose primary function is the enforcement of 
applicable Federal, State, and/or local laws, and whose compensated law 
enforcement officers have powers to apprehend and arrest. Such donations 
must be executed under Sec. 101-42.1102-8(c) as applicable.
    (2) Each SF 123 submitted to GSA must be accompanied by a 
conditional transfer document, signed by both the intended donee and the 
State agency, and containing the special terms, conditions, and 
restrictions prescribed by GSA, and any other required forms or 
information.
    (3) The restrictions on donated firearms shall be in perpetuity, and 
they may not be released by the State agency without prior written 
approval from GSA. The donee must notify the State agency when donated 
firearms are no longer needed. The State agency may, with GSA approval, 
reassign firearms from one donee to another donee within the state or to 
another SASP (see

[[Page 391]]

Sec. 101-44.205(f) of this chapter); otherwise, firearms must be 
delivered directly to the place of destruction to be destroyed by either 
the donee or the State agency. Destruction must be such that each 
complete firearm is rendered completely inoperable and incapable of 
being made operable for any purpose except for the recovery of basic 
material content in accordance with paragraph (c) of this section. The 
donee and a representative from the State agency, or designee, must both 
state in writing that the firearms were so destroyed and the original 
signed statement must be maintained by the State agency.
    (4) Surplus firearms approved for donation must be shipped or 
transported directly from the holding Federal agency to the donee, and 
may not be stored in the State agency warehouse; or, arrangements may be 
made by the State agency for the designated donee to make a direct 
pickup at the holding agency.
    (5) Firearm ammunition may not be donated.
    (c) Sales requirements. Surplus firearms may be sold only for scrap 
after total destruction by crushing, cutting, breaking, or deforming to 
be performed in a manner to ensure that the firearms are rendered 
completely inoperative and to preclude their being made operative. Such 
sale shall be conducted under subpart 101-45.3.
    (d) Foreign gifts of firearms. Firearms reported to GSA as foreign 
gifts may be offered for transfer to Federal agencies, including law 
enforcement activities. Foreign gifts of firearms shall not be donated. 
Such gifts not required for Federal use may be sold only to the gift 
recipient at the discretion of GSA. A certification that the purchaser 
shall comply with all State and local laws regarding purchase and 
possession of firearms must be received by GSA prior to release of such 
firearms to the purchaser. Firearms not transferred to a Federal agency 
or sold to the recipient shall be disposed of in accordance with 
paragraph (c) or (e) of this section.
    (e) Abandonment and destruction of firearms. Firearms shall not be 
abandoned. Destruction of firearms is subject to the requirements set 
forth in paragraph (c) of this section. Such destruction shall also be 
accomplished under the provisions of subpart 101-45.9, Sec. 101-42.406 
and, when applicable, Sec. 101-42.1102-8.
    (f) Abandoned and forfeited firearms. In addition to the 
requirements of this part 101-42, forfeited or voluntarily abandoned 
firearms shall be subject to the provisions of part 101-48.

[57 FR 39121, Aug. 28, 1992, as amended at 64 FR 40772, July 28, 1999]



PART 101-43--UTILIZATION OF PERSONAL PROPERTY--Table of Contents




    Authority: 40 U.S.C. 486(c); Sec. 205(c), 63 Stat. 390.

    Source: 65 FR 31218, May 16, 2000, unless otherwise noted.



Sec. 101-43.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on the disposition of excess personal property 
previously contained in this part, see FMR part 36 (41 CFR part 102-36).



PART 101-44--DONATION OF PERSONAL PROPERTY--Table of Contents




Sec.
101-44.000  Scope of part.
101-44.001  Definitions of terms.
101-44.001-1  Agricultural commodity.
101-44.001-2  [Reserved]
101-44.001-3  Donable property.
101-44.001-4  Donee.
101-44.001-5  [Reserved]
101-44.001-6  Local government.
101-44.001-7  [Reserved]
101-44.001-8  Motor vehicle.
101-44.001-9  No commercial value.
101-44.001-10  Public agency.
101-44.001-11  Public body.
101-44.001-12  Service educational activity.
101-44.001-13  State.
101-44.001-14  State agency.
101-44.002  Requests for deviations.

                  Subpart 101-44.1--General Provisions

101-44.101  Withdrawal of donable property.
101-44.102  Responsibilities of holding agencies.
101-44.103  [Reserved]
101-44.104  Costs incurred incident to donation.
101-44.105  Assistance in major disaster relief.

[[Page 392]]

101-44.106  [Reserved]
101-44.107  Donation of property withdrawn from sale.
101-44.108  Donation of special categories of property.
101-44.108-1  Medical materials and supplies and shelf-life items.
101-44.108-2  Donation of aircraft.
101-44.108-3--101-44.108-4  [Reserved]
101-44.108-5  Bedding and upholstered furniture.
101-44.108-6  Tax-free alcohol or specially denatured alcohol.
101-44.108-7  Franked and penalty envelopes and paper with official 
          letterhead.
101-44.108-8  [Reserved]
101-44.108-9  Donation of vessels.
101-44.108-10  [Reserved]
101-44.109  Donation screening period.
101-44.110  Transfer orders for surplus personal property.
101-44.111  Preparation and processing of transfer orders.
101-44.112  Approval or disapproval of transfer orders.
101-44.113  Rejection of property approved for transfer.
101-44.114  Pickup or shipment.
101-44.115  Overages and shortages.
101-44.116  Certification of screeners.
101-44.117  Recovery of property for Federal use.
101-44.118  Nondiscrimination.
101-44.119  [Reserved]

 Subpart 101-44.2--Donations to Public Agencies and Eligible Nonprofit 
                          Tax-Exempt Activities

101-44.200  Scope of subpart.
101-44.201  Authority.
101-44.202  State agency plan of operation.
101-44.203  Allocation of donable property.
101-44.204  Certification and agreement by a State agency.
101-44.205  Property in the possession of a State agency.
101-44.206  Cooperative agreements.
101-44.207  Eligibility.
101-44.208  Property distributed to donees.

     Subpart 101-44.3--Donations of Foreign Excess Personal Property

101-44.300  Scope of subpart.
101-44.301  Holding agency responsibilities.
101-44.302  Donation screening.
101-44.303  Donation approval.
101-44.304  Shipment.
101-44.305  Costs incurred incident to donation.
101-44.306  Statistics and reports.

      Subpart 101-44.4--Donations to Service Educational Activities

101-44.400  What are the responsibilities of DOD, GSA, and State 
          agencies in the Service Educational Activity (SEA) donation 
          program?
101-44.401  How is property for SEAs allocated and distributed?
101-44.402  May SEAs acquire non-DOD property?
101-44.403  What if a provision in this subpart conflicts with another 
          provision in this part 101-44?

             Subpart 101-44.5--Donations to Public Airports

101-44.500  General.
101-44.501  Agency authority.
101-44.502  Application.
101-44.503  Surveillance.
101-44.504  Reports.

     Subpart 101-44.6--Donations to the American National Red Cross

101-44.600  General.
101-44.601  Donation approval.
101-44.602  Cooperation of holding agencies.
101-44.603  Action by the Red Cross.
101-44.604  Transfer by holding agency.
101-44.605  Donable property determined unusable by the Red Cross.

        Subpart 101-44.7--Donations of Property to Public Bodies

101-44.700  Scope of subpart.
101-44.701  Findings justifying donation to public bodies.
101-44.701-1  General.
101-44.701-2  Reviewing authority.
101-44.702  Donations to public bodies.
101-44.702-1  Authority to donate.
101-44.702-2  Disposal costs.
101-44.702-3  Hazardous materials.

Subpart 101-44.8--[Reserved]

                Subpart 101-44.9--Miscellaneous Statutes

101-44.900  Scope of subpart.
101-44.901  Condemned or obsolete material.
101-44.902  Obsolete, condemned, or captured vessels.
101-44.903  Obsolete naval material.
101-44.904  Obsolete material and articles of historic interest.
101-44.905  Obsolete or other Coast Guard material.

Subparts 101-44.10--101-44.46  [Reserved]

                       Subpart 101-44.47--Reports

101-44.4701  Reports.

[[Page 393]]

Subpart 101-44.48  [Reserved]

                Subpart 101-44.49--Illustrations of Forms

101-44.4900  Scope of subpart.
101-44.4901  Standard forms.
101-44.4901-123  Standard Form 123, Transfer Order Surplus Personal 
          Property.
101-44.4901-123-A  Standard Form 123-A, Transfer Order Surplus Personal 
          Property (Continuation sheet).
101-44.4901-123-1  Instructions for preparing and processing Standard 
          Form 123.
101-44.4902  GSA forms.
101-44.4902-3040  GSA Form 3040, State Agency Monthly Donation Report of 
          Surplus Personal Property.
101-44.4902-3040-1  Instructions for preparing GSA Form 3040.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 42 FR 56003, Oct. 20, 1977, unless otherwise noted.



Sec. 101-44.000  Scope of part.

    This part prescribes policies and methods governing the donation of 
surplus personal property located within the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the 
Pacific Islands, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, and the donation of 
foreign excess personal property designated for return to the United 
States. Additional guidelines regarding the donation of hazardous 
materials and certain categories of property are prescribed in part 101-
42.

[57 FR 39136, Aug. 28, 1992]



Sec. 101-44.001  Definitions of terms.

    For the purposes of this part 101-44 the following terms shall have 
the meanings set forth in this section.



Sec. 101-44.001-1  Agricultural commodity.

    Agricultural commodity means a product resulting from the 
cultivation of the soil or husbandry on farms and in the form 
customarily marketed by farmers.



Sec. 101-44.001-2  [Reserved]



Sec. 101-44.001-3  Donable property.

    Donable property means surplus property under the control of an 
executive agency (including surplus personal property in working capital 
funds established under 10 U.S.C. 2208 or in similar management-type 
funds) except:
    (a) Such property as may be specified from time to time by the 
Administrator of General Services;
    (b) Surplus agricultural commodities, food, and cotton or woolen 
goods determined from time to time by the Secretary of Agriculture to be 
commodities requiring special handling to assist him in carrying out his 
responsibilities with respect to price support or stabilization;
    (c) Property in trust funds; or
    (d) Nonappropriated fund property.



Sec. 101-44.001-4  Donee.

    Donee means a service educational activity; a State, political 
subdivision, municipality, or tax-supported institution acting on behalf 
of a public airport; a public agency using surplus personal property in 
carrying out or promoting for the residents of a given political area 
one or more public purposes, such as conservation, economic development, 
education, parks and recreation, public health, and public safety; an 
eligible nonprofit tax-exempt educational or public health institution 
or organization; the American National Red Cross; a public body; an 
eleemosynary institution; or any State or local government agency, and 
any nonprofit organization or institution, which receives funds 
appropriated for programs for older individuals under the Older 
Americans Act of 1965, as amended, under title IV or title XX of the 
Social Security Act, or under titles VIII and X of the Economic 
Opportunity Act of 1964 and the Community Services Block Grant Act.

[53 FR 16106, May 5, 1988]



Sec. 101-44.001-5  [Reserved]



Sec. 101-44.001-6  Local government.

    Local government means a government, or administration of a 
locality, within a State or a possession of the United States.

[[Page 394]]



Sec. 101-44.001-7  [Reserved]



Sec. 101-44.001-8  Motor vehicle.

    Motor vehicle means a conveyance self-propelled or drawn by 
mechanical power, designed to be principally operated on the streets and 
highways in the transportation of property or passengers.



Sec. 101-44.001-9  No commercial value.

    No commercial value means a determination that property has neither 
utility nor monetary value (either as an item or as scrap).

[53 FR 16106, May 5, 1988]



Sec. 101-44.001-10  Public agency.

    Public agency means any State; political subdivision thereof, 
including any unit of local government or economic development district; 
any department, agency, or instrumentality thereof, including 
instrumentalities created by compact or other agreement between States 
or political subdivisions; multijurisdictional substate districts 
established by or pursuant to State law; or any Indian tribe, band, 
group, pueblo, or community located on a State reservation.



Sec. 101-44.001-11  Public body.

    Public body means any State, territory, or possession of the United 
States; any political subdivision thereof; the District of Columbia; the 
Commonwealth of Puerto Rico; any agency or instrumentality of any of the 
foregoing; any Indian tribe; or any agency of the Federal Government.



Sec. 101-44.001-12  Service educational activity.

    Service educational activity means any educational activity 
designated by the Secretary of Defense as being of special interest to 
the armed services; e.g., maritime academies or military, naval, Air 
Force, or Coast Guard preparatory schools.



Sec. 101-44.001-13  State.

    State means one of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.

[53 FR 16106, May 5, 1988]



Sec. 101-44.001-14  State agency.

    State agency means the agency in each State designated under State 
law as responsible for the distribution within the State of all 
donations of surplus property to public agencies and eligible nonprofit 
tax-exempt activities.

[53 FR 16106, May 5, 1988]



Sec. 101-44.002  Requests for deviations.

    Deviations from the regulations in this part shall only be granted 
by the Administrator of General Services (or designee). Requests for 
deviations shall be made in writing to the General Services 
Administration (FB), Washington, DC 20406, with complete justification. 
A copy of the authorizing statement for each deviation, including the 
nature of the deviation, the reasons for such special action, and the 
Administrator's or designee's approval, will be available for public 
inspection in accordance with subpart 105-60.3 of this title.

[53 FR 16106, May 5, 1988]



                  Subpart 101-44.1--General Provisions



Sec. 101-44.101  Withdrawal of donable property.

    Surplus personal property set aside or approved for donation may be 
withdrawn for use by the holding agency with the prior approval of GSA. 
Holding activities may withdraw such property to meet their essential 
valid requirements in emergency situations without prior approval of 
GSA, but shall notify GSA immediately of such actions. The GSA regional 
office will advise the State agency or donee which applied for the 
property at the time a withdrawal is approved by GSA.

[53 FR 16106, May 5, 1988]

[[Page 395]]



Sec. 101-44.102  Responsibilities of holding agencies.

    The role of agencies, other than State agencies, holding Federal 
property pending donation shall be limited to the following:
    (a) Holding agencies shall cooperate fully with all agencies and 
their duly accredited representatives authorized to participate in the 
donation program in locating, screening and inspecting surplus personal 
property for donation. Upon reasonable request, holding agencies shall 
make available to these agencies or their representatives complete 
information regarding the quantity, description, condition, and location 
of donable property in their inventories. Holding agencies, however, 
need not prepare nor mail reports or listings not otherwise required by 
their procedures.
    (b) Each holding agency shall annotate nonreportable personal 
property records to indicate to authorized State agencies, donee 
representatives or responsible Federal officials the date of the surplus 
determination by the holding agency.
    (c) Pending donation, each holding agency shall be responsible for 
performing, and bearing the cost for, the care and handling of its 
property. Direct costs incurred by the holding agency in the actual 
packing, preparation for shipment, and loading of property incident to 
the donation may be reimbursable. Holding agencies may waive the amount 
involved as being uneconomical or impractical to collect. Where such 
charges are incurred, they shall be reimbursed promptly by the State 
agency or designated donee upon appropriate billing. Overhead or 
administrative costs or charges shall not be included.
    (d) Holding agencies shall provide a period of 21 calendar days 
following the surplus release data for donation screening in accord with 
Sec. 101-44.109. During this period, a holding activity shall not take 
for its own use any property in its custody, except as provided in 
Sec. 101-44.101.
    (e) Surplus property set aside for donation (see Sec. 101-44.109) 
shall be retained by the holding agency for a period not to exceed 42 
calendar days from the surplus release date, pending receipt of an 
approved Standard Form (SF) 123, Transfer Order Surplus Personal 
Property, from GSA and firm instructions for pickup or shipment of the 
property. The transferee is responsible for removing the property or for 
making arrangements with common carriers for its shipment. Property 
disposal officers or other representatives of holding activities shall 
not act as the agent or shipper for transferees in this regard. Upon 
receipt of the approved SF 123 and instructions for pickup or shipment, 
the holding activity shall promptly notify the transferee or the 
transferee's designated agent of the availability of the property. At 
the end of the 42-day period, the holding agency may proceed with the 
disposal of the property if the approved SF 123 and pickup or shipping 
instructions have not been received.
    (f) Surplus property shall not be released by a holding activity for 
donation until the activity has received an SF 123 bearing the signed 
approval of the appropriate GSA official.

[53 FR 16106, May 5, 1988]



Sec. 101-44.103  [Reserved]



Sec. 101-44.104  Costs incurred incident to donation.

    Direct costs incurred by the holding agency in packing, loading, or 
preparing the property for shipment shall be borne by the State agency 
or the designated donee. Where such costs are incurred, they shall be 
reimbursed promptly by the State agency or designated donee upon 
appropriate billing, unless the holding agency waives the amount 
involved as being uneconomical or impractical to collect.

[53 FR 16107, May 5, 1988]



Sec. 101-44.105  Assistance in major disaster relief.

    (a) Upon declaration by the President of an emergency or a major 
disaster, surplus equipment and supplies may be donated to State and 
local governments for use and distribution by them for emergency or 
major disaster assistance purposes in accordance with the directions of 
the Federal Emergency Management Agency (FEMA) pursuant to the Disaster 
Relief Act of 1974 (Pub. L. 93-288) and Executive Order 12148, as

[[Page 396]]

amended. All donations of surplus personal property for major disaster 
assistance purposes require the prior approval of GSA, except where 
property already transferred for donation is donated to eligible donees 
by the State agency.
    (b) When Federal surplus property in the custody of a State agency 
is requested by the State official in charge of disaster operations, and 
certified by FEMA as being usable and needed, the State agency will 
release the property to the authorized State official.
    (c) Reimbursement to the State agency releasing surplus property for 
disaster assistance will be made by the State receiving the property. If 
reimbursement is sought, the State agency should coordinate and make 
arrangements with the State official in charge of disaster relief for 
reimbursement for services provided. In addition to services rendered, 
State agencies are entitled to reimbursement of documented expenses 
originally incurred in the care and handling of the property, including 
the screening, transporting, and receipt of property made available for 
disaster relief.
    (d) Property previously obtained from or through the State agency 
for disaster relief purposes, and not used or no longer required, shall 
be returned to the State agency. Such property received by the State 
agency will be accounted for and disposed of in the same manner as any 
other property approved for donation under normal circumstances.
    (e) Federal assistance under the Disaster Relief Act of 1974 is 
terminated upon notice to the Governor of the State by the Director, 
FEMA, or at the expiration of time periods prescribed in FEMA 
regulations, whichever occurs first.

[53 FR 16107, May 5, 1988]



Sec. 101-44.106  [Reserved]



Sec. 101-44.107  Donation of property withdrawn from sale.

    Surplus personal property which is being offered for sale may be 
withdrawn and approved for donation: Provided, The property was not 
previously made available for donation or such action is not harmful to 
the sale, as jointly determined by GSA and the holding or selling 
agency. Withdrawal must be made before the award of such property. The 
State agency or donee requesting withdrawal of property from sale for 
purposes of donation shall submit the request to GSA for consideration 
and coordination with the selling agency. The request shall include a 
justification and a statement of whether the property had been available 
for screening during the authorized donation screening period.



Sec. 101-44.108  Donation of special categories of property.

    The Administrator of General services is authorized under section 
203(j)(4) of the Federal Property and Administrative Services Act of 
1949, as amended, as circumstances warrant, to impose appropriate 
conditions on the donation of property having characteristics that 
require special handling or use limitations. In exercising his 
discretion the Administrator may, a case-by-case basis, prescribed 
additional restrictions covering the handling or use of such property.



Sec. 101-44.108-1  Medical materials and supplies and shelf-life items.

    (a) Medical materials and supplies consisting of drugs, biologicals, 
reagents, or controlled substances shall be donated in accordance with 
the provisions of Secs. 101-42.1102-3 and 101-42.1102-5.
    (b) Non-restricted medical materials and supplies may be donated in 
accordance with the provisions of this part 101-44.
    (c) In the case of restricted medical materials and supplies 
(medical items that must be dispensed or used only by a licensed, 
registered, or certified individual) requested by a State agency, the SF 
123 shall contain a statement that:
    (1) The listed property will be transferred from the holding agency 
directly to the designated donee;
    (2) The intended donee is licensed and authorized to administer and 
dispense such items or is authorized to store the items; and
    (3) The State agency will obtain a certification from the donee 
indicating that:

[[Page 397]]

    (i) The items transferred to the donee institution or organization 
will be safeguarded, dispensed, and administered under competent 
supervision;
    (ii) Adequate facilities are available to effect full accountability 
and proper storage of the items in accordance with Federal, State, and 
local statutes governing their acquisition, storage, and accountability; 
and
    (iii) The administration or use of the items requested will comply 
with the provisions of the Federal Food, Drug, and Cosmetic Act, as 
amended (21 U.S.C. 301-394).
    (d) A State agency shall not pick up or store in its distribution 
center, surplus restricted medical materials and supplies. This property 
shall be transferred from the holding agency directly to the designated 
donee.
    (e) Shelf-life items and medical materials and supplies held for 
national emergency purposes, and determined to be surplus in accordance 
with Sec. 101-43.307-13, shall be made available for donation screening 
as provided in Sec. 101-44.109.

[57 FR 39136, Aug. 28, 1992]



Sec. 101-44.108-2  Donation of aircraft.

    This section provides procedures and conditions for the donation of 
aircraft which are not classified for reasons of national security and 
after removal of lethal characteristics. The requirements of this 
paragraph apply to the donation of any fixed- or rotary-wing aircraft 
with a unit acquisition cost of $5,000 or more, but do not apply to the 
donation of individual aircraft components, accessories, parts, or 
appurtenances not attached to or an integral part of an aircraft. 
Combat-type aircraft shall not be donated for flight use.
    (a) Plan of utilization. To assist GSA in the allocation and 
transfer of available surplus aircraft, each SF 123 submitted to GSA for 
donation of an aircraft covered by this section shall include a letter 
of intent, signed and dated by the authorized representative of the 
proposed donee, setting forth a detailed plan of utilization for the 
property. The letter of intent shall provide the following information:
    (1) A description of the aircraft requested, including the type, 
model or size, and the serial number, if it is known;
    (2) A detailed description of the donee's program and the number and 
types of aircraft currently owned by the donee;
    (3) Whether the aircraft is to be used for flight purposes or 
nonflight purposes (including ground instruction or simulation use), and 
details of the planned utilization of the aircraft including but not 
limited to how the aircraft will be used, its purpose, how often and for 
how long. If for flight purposes, specify source of pilot(s) and where 
aircraft will be housed. When the aircraft is requested for 
cannibalization (recovery of parts and components), the letter of intent 
should provide details of the cannibalization process (time to complete 
the cannibalization process, how recovered parts are to be used, method 
of accounting for usable parts, etc.); and
    (4) Any supplemental information (such as geographical area and 
population served, number of students enrolled in educational programs, 
etc.) supporting the donee's need for the aircraft.
    (b) Donation of aircraft to public agencies and eligible nonprofit 
tax-exempt activities. (1) For the donation of an aircraft to a donee 
eligible in accordance with the provisions of subpart 101-44.2, the 
following documentation shall be submitted to GSA along with the SF 123 
and the donee's letter of intent:
    (i) A letter, signed and dated by the State agency director, 
confirming and certifying the applicant's eligibility and containing the 
State agency's evaluation of the applicant's ability to use the aircraft 
for the purpose stated in its letter of intent and any other 
supplemental information concerning the needs of the donee which 
supports making the allocation;
    (ii) A State agency distribution document, signed and dated by the 
authorized representative of the donee, and containing the terms, 
conditions, and restrictions prescribed by GSA; and
    (iii) A conditional transfer document, signed by both the donee and 
the State agency, and containing the special terms, conditions, and 
restrictions prescribed by GSA. The conditional transfer document may 
include additional

[[Page 398]]

State agency imposed terms, conditions, and restrictions on the use of 
the aircraft which are consistent with any Federal requirements or the 
State plan of operation. However, none of the Federal terms, conditions, 
and restrictions outlined in the executed conditional transfer document, 
including the requirement for an additional 48-month period of approved 
use, shall be modified, amended, waived, released, or abrogated by the 
State agency without the prior written approval of GSA.
    (2) Donation of aircraft to public agencies and eligible nonprofit 
tax-exempt activities shall be subject to the following terms, 
conditions, and restrictions:
    (i) The donee shall apply to the Federal Aviation Administration 
(FAA) for registration of an aircraft intended for flight use within 30 
calendar days of receipt of the aircraft. The donee's application for 
registration shall include a fully executed copy of the conditional 
transfer document and a copy of its letter of intent. If the aircraft is 
to be flown as a civil aircraft, the donee must obtain an FAA Standard 
Airworthiness Certificate within 12 months of receipt of the aircraft. 
The donee shall provide the State agency and GSA with a copy of the FAA 
registration and the Standard Airworthiness Certificate.
    (ii) The aircraft shall be used solely in accordance with the 
executed conditional transfer document and the plan of utilization set 
forth in the donee's letter of intent, unless the donee has amended the 
letter and it has been approved in writing by the State agency and GSA 
and a copy of the amendment recorded with FAA.
    (iii) Combat-type aircraft, as designated by DOD, shall not be 
donated for flight purposes. The restrictions on combat-type aircraft 
shall be in perpetuity and shall not be released by the State agency 
without the prior written approval of the GSA Central Office.
    (iv) In the event any of the terms, conditions, and restrictions 
imposed by the conditional transfer document are breached, title and 
right to the possession of the aircraft shall, at the option of GSA, 
revert to the United States of America. The donee, at the option of GSA, 
shall be liable to the United States of America for the proceeds from 
any unauthorized disposal or for the fair market value or fair rental 
value of the aircraft at the time of any unauthorized transaction or 
use, as determined by GSA.
    (v) If, during the period of restriction, the aircraft is no longer 
suitable, usable, or further needed by the donee for the purpose for 
which it was acquired, the donee shall promptly notify the State agency 
and request disposal instructions. Disposal instructions shall not be 
issued by the State agency except with the prior written concurrence of 
GSA.
    (vi) In the case of any noncombat aircraft donated for nonflight 
use, and for all combat-type aircraft (unless certified by the Defense 
Reutilization and Marketing Office that the historical records and data 
plate have already been removed by the disposal agency), the State 
agency shall acquire from the donee, within 30 calendar days of the 
donee's receipt of the aircraft, the aircraft historical records (except 
the records of the major components/life limited parts; e.g., engines, 
transmissions, rotor blades, etc., necessary to substantiate their 
reuse) and the manufacturer's aircraft data plate and turn them over to 
the GSA allocating office. GSA will forward the records and data plates 
to the Chief, Aircraft Manufacturing Division, Office of Airworthiness, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591.
    (c) Donation of aircraft to service educational activities. (1) 
Donation of a surplus Department of Defense (DOD) aircraft to a donee 
eligible in accordance with the provisions of subpart 101-44.4 shall be 
made in accordance with the terms of the individual donation agreement 
executed by DOD and the service educational activity. The SF 123, with 
the donee's letter of intent and any additional required documentation 
specified, shall be submitted for approval to the appropriate GSA 
regional office.
    (2) Surplus DOD aircraft which have been demilitarized may be 
approved for donation by GSA to service educational activities for 
nonflight use, for static display, or for ground instruction and 
simulation purposes.

[[Page 399]]

    (3) Surplus DOD noncombat and commercial-type aircraft may be 
approved for donation by GSA at the request of DOD for flight purposes 
by service educational activities subject to the following use 
conditions and agreements which DOD shall require of the donee:
    (i) The aircraft shall be used solely in connection with the plan of 
utilization set forth in the donee's letter of intent unless DOD 
authorizes a change in writing to the donee's plan of utilization.
    (ii) The donee shall apply to FAA for registration (and shall 
provide FAA with a copy of its letter of intent) within 30 calendar days 
of receipt of the aircraft and shall forward a copy of the registration 
to DOD and GSA.
    (iii) The aircraft must be certified as airworthy prior to being put 
into flight use. The donee shall furnish a copy of the FAA Standard 
Airworthiness Certificate to DOD and GSA.
    (d) Donation of aircraft for public airport purposes. (1) When a 
surplus aircraft is donated to a donee eligible in accordance with the 
provisions of subpart 101-44.5, the SF 123 and the donee's letter of 
intent shall be processed by and through FAA and submitted to GSA for 
approval.
    (2) Surplus cannibalized or demilitarized aircraft may be approved 
for donation by GSA to a public airport for use in firefighting and 
rescue training.
    (3) Flyable aircraft will not be approved for donation for public 
airport purposes.
    (e) Donation of condemned or obsolete combat aircraft for historical 
purposes. Requests for donation of aircraft for historical purposes 
(museums, static display, etc.) from veterans' organizations, soldiers' 
monument associations, State museums, incorporated nonprofit educational 
museums, municipal corporations (cities, boroughs or incorporated 
towns), and Sons of Veterans Reserve shall be referred to DOD for 
processing in accordance with 10 U.S.C. 2572 (see Sec. 101-44.901).

[53 FR 16108, May 5, 1988]



Secs. 101-44.108-3--101-44.108-4  [Reserved]



Sec. 101-44.108-5  Bedding and upholstered furniture.

    An SF 123 submitted to a GSA regional office for donation of bedding 
and upholstered furniture will not be approved by GSA unless the State 
agency or other donee includes a statement that the material will be 
treated in accordance with applicable State law and regulations before 
reuse.



Sec. 101-44.108-6  Tax-free alcohol or specially denatured alcohol.

    (a) When tax-free or specially denatured alcohol is requested for 
donation, the donee must posses a special permit issued by the Assistant 
Regional Commissioner of the appropriate regional office, Bureau of 
Alcohol, Tobacco, and Firearms (BATF), Department of the Treasury, to 
acquire the property.
    (b) An SF 123 submitted to a GSA regional office for donation of 
tax-free or specially denatured alcohol will not be approved by GSA 
unless the appropriate BATF use-permit number is shown.
    (c) A State agency shall not store tax-free or specially denatured 
alcohol in distribution centers. This property shall be transferred from 
holding activities direct to the designated donee.



Sec. 101-44.108-7  Franked and penalty envelopes and paper with official letterhead.

    An SF 123 submitted to a GSA regional office for donation of paper 
with an official letterhead or for donation of franked or penalty 
envelopes on which the penalty indicia has not been obliterated will not 
be approved by GSA unless the State agency or other donee includes a 
statement certifying that the indicia and all other Federal Government 
markings on the envelopes and paper will be completely obliterated 
before they are used.



Sec. 101-44.108-8  [Reserved]



Sec. 101-44.108-9  Donation of vessels.

    This section provides procedures and conditions for the transfer for 
donation

[[Page 400]]

of any donable vessel which is 50 feet or more in length and has a unit 
acquisition cost of $5,000 or more. Each SF 123 submitted to GSA for 
donation of a vessel which is 50 feet or more in length shall be 
accompanied by a letter of intent from the applicant donee setting forth 
in detail the proposed use of the vessel. Each donee, as a condition of 
the donation, shall agree also to fully comply with all Federal, State, 
and local laws, regulations, ordinances, and requirements, including, 
but not limited to those pertaining to environmental pollution, health 
and safety, and to obtain all necessary permits, licenses, certificates, 
and clearances applicable to acquiring, owning, transporting, repairing, 
using, operating, and maintaining the vessel. Each donee, as a condition 
of the donation, shall agree to obtain documentation of the vessel under 
the applicable laws of the United States and the several States, to 
maintain this documentation at all times, and to record each document 
with the U.S. Coast Guard at the port of documentation of the property 
within 30 calendar days after acquisition of the vessel, and in 
compliance with applicable Federal and State laws.
    (a) Plan of utilization. To assist GSA in the allocation and 
transfer of available surplus vessels, each SF 123 submitted to GSA for 
donation of a vessel covered by this Sec. 101-44.108-9 shall include a 
letter of intent, signed and dated by the authorized representative of 
the proposed donee, setting forth a detailed plan of utilization for the 
property. The letter of intent shall provide the following information:
    (1) A description of the vessel requested, including the type, name, 
class, size, displacement, length, beam, draft, lift capacity, and the 
hull or registry number, if it is known;
    (2) A detailed description of the donee's program and the number and 
types of vessels currently owned by the donee;
    (3) A detailed description of the planned utilization of the vessel 
including, but not limited to, how the vessel will be used, its purpose, 
how often and for how long and whether the vessel is to be operated on 
the waterways or not (including ground display, permanent mooring or 
permanent land use). If for waterway purposes, a source of pilot(s) and 
where the vessel will be docked must be specified. When the vessel is 
requested for permanent docking on water or land, the letter of intent 
should provide details of the process including the time to complete the 
process.
    (4) Any supplemental information (such as geographical area and 
population served, number of students enrolled in educational programs, 
number of visitors and students if for museum purposes, etc.) supporting 
the donee's need for the vessel.
    (b) Donation of vessels to public agencies and eligible nonprofit 
tax-exempt activities. (1) For the donation of a vessel to a donee 
eligible in accordance with the provisions of subpart 101-44.2, the 
following documentation shall be submitted to GSA along with the SF 123 
and the donee's letter of intent:
    (i) A letter, signed and dated by the State agency director, 
confirming and certifying the applicant's eligibility and containing the 
State agency's evaluation of the applicant's ability to use the vessel 
for the purpose stated in its letter of intent and any other 
supplemental information concerning the needs of the donee which 
supports making the allocation;
    (ii) A State agency distribution document, signed and dated by the 
authorized representative of the donee, and containing the terms, 
conditions, and restrictions prescribed by GSA; and
    (iii) A conditional transfer document, signed by both the donee and 
the State agency, and containing the special terms, conditions, and 
restrictions prescribed by GSA in accordance with Sec. 101-44.108-
9(b)(2). The conditional transfer document may include additional State 
agency imposed terms, conditions, and restrictions on the use of the 
vessel which are consistent with any Federal requirements or the State 
plan of operation. However, none of the Federal terms, conditions, and 
restrictions outlined in the executed conditional transfer document, 
including the requirement for an additional 48-month period of approved 
use, shall be modified, amended, waived, released, or abrogated by the 
State agency without the prior written approval of GSA.

[[Page 401]]

    (2) Donation of vessels to public agencies and eligible nonprofit 
tax-exempt activities shall be subject to the following terms, 
conditions, and restrictions:
    (i) The donee shall, within 30 calendar days of receipt of the 
vessel, apply for documentation of the vessel to the U.S. Coast Guard at 
the port of documentation of the vessel, under the applicable laws of 
the United States and regulations promulgated thereunder and the 
applicable laws of the several States governing the documentation of 
said property, and agrees to maintain at all times such documentation. 
The donee's application for documentation shall include a fully executed 
copy of the conditional transfer document and a copy of its letter of 
intent. The donee shall provide the State agency and GSA with evidence 
that the documentation is accomplished including a copy of all approved 
documentation.
    (ii) The vessel shall be used solely in accordance with the executed 
conditional transfer document and the plan of utilization set forth in 
the donee's letter of intent, unless the donee has amended the letter 
and it has been approved in writing by the State agency and GSA and a 
copy of the amendment recorded with the U.S. Coast Guard at the port of 
documentation of the vessel.
    (iii) Naval vessels of the following categories shall not be 
donated: Battleships, cruisers, aircraft carriers, destroyers and 
submarines (40 U.S.C. 472 (d)).
    (iv) In the event any of the terms, conditions, and restrictions 
imposed by the conditional transfer document are breached, title and 
right to the possession of the vessel shall, at the option of GSA, 
revert to and become the property of the United States of America. The 
donee, at the option of GSA, shall be liable to the United States of 
America for the proceeds from any unauthorized disposal or for the fair 
market value or fair rental value of the vessel at the time of any 
unauthorized transaction or use, as determined by GSA.
    (v) If, during the period of restriction, the vessel is no longer 
suitable, usable, or further needed by the donee for the purpose for 
which it was acquired, the donee shall promptly notify the State agency 
and request disposal instructions. Disposal instructions shall not be 
issued by the State agency except with the prior written concurrence of 
GSA.
    (c) Donation of vessels to service educational actitities. (1) 
Donation of a surplus Department of Defense (DOD) vessel to a donee 
eligible in accordance with the provisions of subpart 101-44.4 shall be 
made in accordance with the terms of the individual donation agreement 
executed by DOD and the service educational activity and this Sec. 101-
44.108-9. The SF 123, with the donee's letter of intent and any 
additional required documentation specified, shall be submitted for 
approval to the appropriate GSA regional office.
    (2) The vessel shall be used solely in connection with the plan of 
utilization set forth in the donee's letter of intent unless DOD 
authorizes a change, in writing, to the donee's plan of utilization.
    (3) The donee shall apply to the U.S. Coast Guard at the port for 
documentation of the vessel (and shall provide the U.S. Coast Guard with 
a copy of its letter of intent) within 30 calendar days of receipt of 
the vessel and shall forward a copy of evidence of the documentation to 
DOD and GSA.

[53 FR 16109, May 5, 1988]



Sec. 101-44.108-10  [Reserved]



Sec. 101-44.109  Donation screening period.

    (a) A period of 21 calendar days following the surplus release date 
(see Sec. 101-43.001-32) shall be provided to set aside surplus 
reportable and nonreportable property determined to be usable and 
necessary for donation purposes in accordance with the provisions of 
subparts 101-44.2, 101-44.4, and 101-44.5. Reportable surplus property 
will be set aside for donation when an application for donation, with an 
informational copy to the holding activity, is submitted to a GSA 
regional office for approval within the donation screening period. 
Nonreportable surplus property will be set aside for donation upon 
notification to a holding activity within the donation screening period 
by a responsible Federal official, a State

[[Page 402]]

agency representative, or an authorized donee representative that the 
property is usable and necessary for donation purposes.
    (b) During the prescribed 21-day donation screening period, 
applications for surplus personal property will be processed by GSA 
regional offices in the following sequence:
    (1) Department of Defense personal property reportable to GSA in 
accordance with Sec. 101-43.304 will be reserved for public airport 
donation during the first 5 calendar days of the donation screening 
period and during the next 5 days for service educational activities. 
During the remaining portion of the donation screening period, the 
property will be available on a first-come, first-served basis to all 
applicants.
    (2) Executive agency personal property, other than personal property 
of the Department of Defense, reportable to GSA in accordance with 
Sec. 101-43.304 will be reserved for public airport donation during the 
first 5 calendar days of the donation screening period. During the 
remaining portion of the donation screening period, the property will be 
available on a first-come, first-served basis. This property is not 
available for donation to service educational activities.
    (3) All executive agency personal property not reportable to GSA 
will be made available for donation on a first-come, first-served basis. 
Service educational activities are not eligible for donation of 
nonreportable surplus personal property of executive agencies other than 
the Department of Defense.
    (c) To expedite donation, surplus property may be made available on 
a case-by-case basis for onsite screening. The GSA regional office will 
contact the holding agency not later than 15 calendar days before the 
date the onsite screening is scheduled to start so that all necessary 
arrangements can be coordinated and agreed upon. If time will not permit 
separate utilization and donation screening, concurrent screening may be 
scheduled with Federal, State, and donee representatives in attendance. 
Participation in donation screening sessions is limited to State agency 
employees and representatives of eligible donees designated by the State 
agency to attend such sessions. Screening sessions shall be conducted as 
follows:
    (1) The donation screening period should be limited to the specific 
dates established by the agreement for the particular location. 
Generally, a screening period of 5 workdays should be sufficient.
    (2) The property selected for the screening sessions should be set 
aside in separate areas and properly identified by the holding activity 
to facilitate screening sessions.
    (3) GSA or State agency representatives should be present during all 
screening sessions.
    (4) The State agency representatives shall prepare SF 123, Transfer 
Order Surplus Personal Property (illustrated at Sec. 101-44.4901-123), 
at the site on a daily basis for the property selected. Upon approval by 
the GSA representative, the holding activity shall release the property. 
Processing of donation documents shall be expedited to ensure that the 
property is removed at the end of each daily session to the maximum 
extent possible. Property shall not be released until the transfer is 
approved by the GSA representative, except in emergency situations as 
determined by GSA.
    (5) When onsite screening is conducted on a continuing day-to-day 
basis under procedures previously agreed to in writing by GSA, the 
holding agency, and the State agency concerned, the presence of 
authorized GSA or State agency representatives is not required. 
Arrangements may provide for processing the essential donation documents 
after the onsite screening and removal of the property.

[53 FR 16110, May 5, 1988]



Sec. 101-44.110  Transfer orders for surplus personal property.

    All transfers of surplus personal property to the State agencies for 
donation for authorized purposes to public agencies and eligible 
nonprofit tax-exempt activities, to service educational activities, and 
to public airports shall be accomplished by use of Standard Form (SF) 
123, Transfer Order for Surplus Personal Property, and SF 123-A, 
Transfer Order-Surplus Personal Property (Continuation Sheet). The 
original and five copies of

[[Page 403]]

SF 123 shall be forwarded to the appropriate GSA regional office for 
approval, and an informational copy shall be sent to the holding 
activity.

[45 FR 56808, Aug. 26, 1980]



Sec. 101-44.111  Preparation and processing of transfer orders.

    Applications for transfer shall be prepared and processed in 
accordance with the instructions illustrated at Sec. 101-44.4901-123-1.



Sec. 101-44.112  Approval or disapproval of transfer orders.

    (a) Surplus property shall not be released by a holding activity for 
donation until it has received an SF 123 bearing the signed approval of 
the appropriate GSA official. In approving the SF 123, GSA regional 
offices will comply with the sequence established in Sec. 101-44.109. An 
SF 123 which is not fully or properly prepared may be returned to the 
applicant or held in suspense until the required information is made 
available. In those cases in which property is specifically requested 
for the purpose of cannibalization, the following statement shall be 
included on the SF 123: ``Item(s) ______ requested for 
cannibalization.'' Cannibalization requests may be approved when it is 
clear that disassembly of the item for use of its component parts will 
provide greater potential benefit than use of the item in its existing 
form. Upon the request of a GSA regional office, the State agency (or 
the donee in the case of property donated under the provisions of 
subparts 101-44.4 or 101-44.5) shall submit any additional information 
required to support and justify a donation application. The SF 123 will 
not automatically be held to the end of the screening period, but will 
be approved and distributed as expeditiously as possible. An SF 123 
received after the end of the donation screening period may be approved 
if the property is still available, and the holding activity has agreed 
to set the property aside pending receipt of donation approval.
    (b) An SF 123 may be disapproved, in whole or in part, when it is 
determined that it is in the public interest to do so, when there is a 
substantive defect in the order, when the property is not surplus, or 
when a transfer of the property to a Federal agency is pending. The 
applicant and the holding activity will be informed in writing why the 
SF 123 was disapproved. When a donation transfer is disapproved because 
of a pending Federal transfer and the transfer is not completed 
subsequently, the applicant will be advised to resubmit SF 123.

[42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16111, May 5, 1988]



Sec. 101-44.113  Rejection of property approved for transfer.

    When a State agency or donee determines prior to pickup or shipment 
that property approved for transfer cannot be utilized, it shall so 
notify, through appropriate channels, the GSA regional office which 
approved the transfer, and the property will be released by GSA for 
other disposal. The GSA regional office may advise any other State 
agency known to be interested in the property of its possible 
availability and may approve a transfer request for donation purposes 
provided the holding activity agrees to retain the property pending the 
approval.



Sec. 101-44.114  Pickup or shipment.

    (a) Surplus property requested and set aside for donation will be 
retained by the holding agency for a maximum period of 42 calendar days 
from the surplus release date, pending receipt of the approved SF 123 
and firm instructions for pickup or shipment of the property. At the end 
of this period, the holding activity may proceed with the sale or other 
authorized disposal of the property if the approved SF 123 and pickup or 
shipping instructions have not been received.
    (b) Upon receipt of the approved SF 123 and instructions for pickup 
or shipment, the holding activity shall promptly notify the transferee 
or his designated agent of the availability of the property The 
transferee or his agent shall remove the property within 15 calendar 
days from the date of notification of availability by the holding 
activity.
    (c) The transferee is responsible for removing the property or for 
making arrangements with common carriers for its shipment. Property 
disposal officers or other representatives of holding

[[Page 404]]

activities shall not act as the agent or shipper for transferees in this 
regard.

[42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16111, May 5, 1988]



Sec. 101-44.115  Overages and shortages.

    (a) Overages. When a State agency, service educational activity 
(SEA), or public airport finds that it has received surplus property in 
excess of that listed on an approved SF 123, and the estimated fair 
market value or acquisition cost of the line items involved is less than 
$500, it shall annotate its receiving and inventory records to document 
the overage. The annotation must include a description of the property, 
its estimated condition, the estimated fair market value (or acquisition 
cost if known), and the name of the holding activity from which the 
property was received. If property having an estimated fair market value 
or acquisition cost of $500 or more is received, it shall be listed on 
an SF 123, and the SF 123 sent to the GSA regional office for approval. 
In the case of property received by a public airport, the SF 123 shall 
be forwarded to GSA through the Federal Aviation Administration (FAA).
    (b) Shortages. When it is found that line items or portions of line 
items of property approved on an SF 123 were not received, and the total 
acquisition cost of the line items involved is less than $300, the State 
agency, SEA, or public airport shall annotate its receiving and 
inventory records to document the shortage. The annotation must include 
a description of each line item of property, the acquisition cost, and 
the name of the holding activity. If the total acquisition cost is $300 
or more, a shortage report must be prepared and submitted to the GSA 
regional office for the region in which the holding activity is located. 
A copy of this report shall be sent to the holding activity. Shortage 
reports covering property approved for donation to a public airport 
should be forwarded to the GSA regional office through FAA.
    (c) Information. Overages and shortages shall be reported, where 
required, within 90 calendar days of the date of transfer. The shortage 
report, or the SF 123 in the case of overages of $500 or more, shall be 
signed by the responsible State agency or donee representative and shall 
provide the following information.
    (1) Name and address of the holding activity;
    (2) All pertinent control numbers including the holding activity 
turn-in document number, the GSA control number if property was reported 
to GSA, and the State agency or donee transfer order number; and
    (3) A description of each line item of property, whether it is a 
shortage or an overage, the condition code (estimated if an overage), 
the quantity and unit of issue, and the unit and total acquisition cost 
(estimated if an overage).

[53 FR 16111, May 5, 1988]



Sec. 101-44.116  Certification of screeners.

    (a) All State agency and donee representatives wishing to visit 
Federal activities for the purpose of screening and selecting surplus 
personal property for donation in accordance with subparts 101-44.2, 
101-44.4, and 101-44.5 must be authorized and certified by GSA. Requests 
for certification of donee screeners shall be submitted to GSA by the 
appropriate State agency for the purposes of subpart 101-44.2 by the 
Department of Defense (DOD) for the purposes of subpart 101-44.4, and by 
the Federal Aviation Administration (FAA) for the purposes of subpart 
101-44.5.
    (b) The agency recommending the designation of a donee screener 
shall prepare a request to inform GSA of the proposed designation and 
forward it for evaluation and approval to the GSA regional office 
serving the region in which the intended screener is located. (See 
Sec. 101-43.4802 for regional offices, addresses, and assigned areas.) 
The request shall state the name and address of the State agency or 
donee activity the prospective screener represents, and certify that the 
applicant is qualified to screen as an authorized representative of the 
cited organization. A list of the Federal installations the screener 
will be authorized to visit shall accompany each request. The list of 
Federal installations should be limited to those within the applicable 
State, except where there are particular reasons why State agency 
screeners or donee screeners should regularly visit installations 
outside the

[[Page 405]]

State. Special requests for State agency or donee screeners to visit 
installations outside the State or region on a regular or one-time basis 
may be authorized by the GSA regional offices involved. The recommending 
agency shall select qualified screeners representing public agencies and 
other eligible donee organizations within the State in order to expedite 
the movement of surplus property and enhance the opportunities of those 
public agencies and organizations to identify and select needed and 
useful items of property. GSA will give special consideration to 
requests of individual donees submitted through recommending agencies 
for allocation of specific items of property.
    (c) Recommending agencies shall accompany each request for 
certification of a donee screener with GSA Form 2946, Screener's 
Identification (illustrated at Sec. 101-43.4902-2946). GSA Forms 2946 
must contain the typed names of the screener's organization and 
sponsoring agency, the signature and type name of the proposed screener, 
an affixed passport-style photograph of the screener, and the signature 
of the sponsoring agency official.
    (d) In order to avoid proliferation of screeners, the GSA regional 
office will review requests for donee screening authorizations to ensure 
that the number of screeners requested by each designated activity is 
reasonable in relationship to the scope of the donee's program and that 
the screeners are qualified to perform this service. Following review, 
the GSA regional office, if the request is approved will complete the 
GSA Form 2946 and return it to the recommending agency for issuance to 
the screener. Each GSA regional office will control the activities of 
donee screeners at Federal installations within its region. The regional 
office may screeners' vists or require a reduction in their number when 
it becomes evident that the volume of surplus personal property at an 
installation does not warrant the level of screening activity or that a 
proliferation of screeners is affecting adversely the installation's 
property disposal activity. All GSA Forms 2946 shall be recovered by the 
recommending agency upon expiration or termination of the screener's 
authorization and shall be forwarded to the validating GSA office for 
cancellation.
    (e) Each State agency or other donee representative physically 
screening property at holding installations for the purpose of selecting 
property for donation shall possess a GSA Form 2946 validated by GSA as 
provided in this Sec. 101-44.116. However, representatives visiting 
holding activities in order to participate in onsite screenings in 
accordance with Sec. 101-44.109, or for the purpose of technical 
inspection, evaluation, and/or removal of specific property previously 
set aside or approved by GSA for donation, shall not be required to 
possess a GSA Form 2946.

[42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16112, May 5, 1988]



Sec. 101-44.117  Recovery of property for Federal use.

    Occasionally, Federal agencies may develop on an exigency basis 
requirements for personal property items derived from surplus sources in 
the possession of a State agency. The State agency should cooperate with 
GSA in the recovery of property to fulfill Federal needs. The transfer 
will be subject to payment by the acquiring agency of the costs of care 
and handling, including transportation that were incurred by the State 
agency initially acquiring this property.



Sec. 101-44.118  Nondiscrimination.

    All transfers of surplus property to the State agencies for donation 
to public agencies and eligible nonprofit tax-exempt activities, to 
service educational activities, and to public airports are conditioned 
on full compliance with GSA regulations on nondiscrimination as set 
forth in subpart 101-6.2 and part 101-8.

[53 FR 16112, May 5, 1988]

[[Page 406]]



Sec. 101-44.119  [Reserved]



 Subpart 101-44.2--Donations to Public Agencies and Eligible Nonprofit 
                          Tax-Exempt Activities



Sec. 101-44.200  Scope of subpart.

    This subpart prescribes the authorities, responsibilities, policies 
and methods governing the donation of surplus personal property within 
the United States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands to eligible recipients as established in 
Sec. 101-44.207.

[53 FR 16112, May 5, 1988]



Sec. 101-44.201  Authority.

    (a) Section 203(j)(1) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 484) (hereinafter called the 
act), gives the Administrator of General Services discretionary power to 
prescribe the necessary regulations for, and to execute, the surplus 
property donation program. This authority empowers the Administrator to 
transfer executive agency controlled surplus property to the agency of 
each State government designated under State law to be responsible for 
all property transferred in accordance with this subpart and subpart 
101-44.4.
    (b) The property which may be transferred for donation includes all 
personal property which has been determined to be donable as defined in 
Sec. 101-44.001-3.

[53 FR 16112, May 5, 1988]



Sec. 101-44.202  State agency plan of operation.

    Section 203(j)(4) of the act provides that State agencies shall be 
established and operated in accordance with detailed plans developed 
according to State law and conforming with provisions of the act. A 
State must have its plan of operation approved by the Administrator 
before it may have property transferred to it. The plan must assure that 
the State agency has the necessary organizational and operational 
authority and capability, including staff, facilities, means and methods 
of financing, and procedures with respect to: Accountability, internal 
and external audits, cooperative agreements, compliance and utilization 
reviews, equitable distribution and property disposal, determination of 
eligibility, and assistance through consultation with advisory bodies 
and public and private groups.
    (a) State action. The State plan of operation shall be developed by 
the State legislature, certified by the chief executive officer of the 
State, and submitted to the Administrator for acceptance.
    (b) General notice. In accordance with the act no plan of operation 
and no major amendment thereof shall be filed with the Administrator 
until 60 calendar days after general notice of the proposed plan has 
been published, and interested persons have been given at least 30 
calendar days during which to submit comments. In developing and 
implementing the plan the State shall take into consideration the 
relative needs and resources of all public agencies and other eligible 
institutions within the State. Assurance shall be provided in the State 
plan that such public notice and such time for public comment was 
provided prior to submission of the plan and that such consideration of 
relative needs and resources of all donees in the State was given in the 
preparation of the plan.
    (c) Specific assurances. A State plan for the establishment and 
operation of a State agency for surplus property distribution to 
eligible donees shall provide the following information and assurances. 
(A State may include in its plan other provisions not inconsistent with 
the purposes of the act and the requirements of this part 101-44):
    (1) Authority. The chief executive officer of the State shall submit 
the State plan of operation to the Administrator as follows:
    (i) The chief executive officer shall submit the plan and certify 
that the State agency is authorized thereby to acquire, warehouse, and 
distribute surplus property to all eligible donees in the State, to 
enter into cooperative agreements pursuant to the provisions of 
Sec. 101-44.206, and to undertake other

[[Page 407]]

actions and provide other assurances as are set forth in the plan of 
operation; and
    (ii) Copies of existing State statutes and/or executive orders 
relative to the operational authority of the State agency shall 
accompany the State plan. Where express statutory authority does not 
exist or is ambiguous, or where authority exists by virtue of executive 
order, the State plan shall include also the opinion of the State's 
Attorney General regarding the existence of such authority.
    (2) Designation of State agency. The plan shall designate a State 
agency which will be responsible for administering the plan throughout 
the State. The plan shall describe the responsibilities vested in the 
agency and shall provide details concerning the organization of the 
agency, including supervision, staffing, structure, and physical 
facilities. The plan shall also indicate the organizational status of 
the agency within the State governmental structure and the title of the 
State official who directly supervises the State agent.
    (3) Inventory control and accounting systems. The State plan shall 
require the State agency to use a management control and accounting 
system that will effectively govern the utilization, inventory control, 
accountability, and disposal of donable surplus property. The plan shall 
set forth the details of the inventory control and accounting system 
which will be used by the State agency.
    (4) Return of donated property. The State plan shall require and set 
forth procedures for donees to return donable property to the State 
agency if such property while still usable, as determined by the State 
agency, has not been placed in use for the purposes for which it was 
donated within 1 year of donation or ceases to be used by the donee for 
such purposes within 1 year of being placed in use.
    (5) Financing and service charges. The State plan shall set forth 
the means and methods by which the State agency will be financed. When 
the State agency is authorized to assess and collect service charges 
from participating donees to cover direct and reasonable indirect costs 
of its activities, the method of establishing the charges shall be set 
forth in the plan. The charges shall be fair and equitable and based on 
services performed by the State agency, including but not limited to 
screening, packing, crating, removal, and transportation. When the State 
agency provides minimal services in connection with the acquisition of 
property, except for document processing and other administrative 
actions, the charge levied by the State agency shall be minimal. The 
State plan shall provide for minimal charges to be assessed in such 
cases and include the bases of computation. When property is made 
available to nonprofit providers of assistance to homeless individuals, 
the State plan shall provide for this property to be distributed at a 
nominal cost for care and handling of the property. The plan of 
operation shall set forth how funds accumulated from service charges, or 
from other sources such as sales or compliance proceeds, are to be used 
for the operation of the State agency and the benefit of participating 
donees. Service charge funds may be used to cover direct and indirect 
costs of the State agency's operation, to purchase necessary equipment, 
and to maintain a reasonable working capital reserve. Such funds may be 
deposited or invested as permitted by State law, provided the plan of 
operation sets forth the types of depositories and/or investments 
contemplated. Service charge funds may be used for rehabilitating 
donable surplus property, including the purchase of replacement parts. 
Subject to State authority and the plan of operation, the State agency 
may expend service charge funds to acquire or improve office or 
distribution center facilities. When such acquisition or improvements 
are contemplated, the plan shall set forth what disposition is to be 
made of any financial assets realized upon the sale or other disposal of 
the facilities. When refunds of service charges in excess of the State 
agency's working capital reserve are to be made to participating donees, 
the plan shall so state and provide details of how such refunds are to 
be made, such as a reduction in service charges or a cash refund, 
prorated in an equitable manner.

[[Page 408]]

    (6) Terms and conditions on donable property. The State plan shall 
require the State agency to impose terms, conditions, reservations, and 
restrictions on the donee in the case of any item of property having a 
unit acquisition cost of $5,000 or more and any passenger motor vehicle. 
The specific terms, conditions, reservations, and restrictions which the 
State agency requires shall be set forth in the plan. In addition, the 
State plan shall provide that the State agency may impose reasonable 
terms, conditions, reservations, and restrictions on the use of donable 
property other than items with a unit acquisition cost of $5,000 or more 
and passenger motor vehicles. Any such additional terms, conditions, 
reservations, and restrictions which the State agency elects to impose 
should be set forth in the plan. The State agency may amend, modify, or 
release such terms, conditions, reservations, or restrictions subject to 
the provisions of Sec. 101-44.208(g), provided it sets forth in the plan 
the standards by which the State agency will grant any such amendments, 
modifications or releases. The State plan also shall provide assurance 
that the State agency will impose on the donation of a surplus item or 
items, regardless of unit acquisition cost, such conditions involving 
special handling or use limitations as the Administrator may determine 
necessary because of the characteristics of the property, pursuant to 
Sec. 101-44.108.
    (7) Nonutilized donable property. The State plan shall provide that 
donable surplus property in the possession of the State agency which 
cannot be utilized by donees in the State shall be disposed of:
    (i) Subject to the disapproval of the Administrator within 30 days 
after notice to him, through transfer by the State agency to another 
State agency or through abandonment or destruction where the property 
has no commercial value or the estimated cost of its continued care and 
handling would exceed the estimated proceeds from sale (Transfers of 
nonutilized donable property and destruction or abandonment shall be 
accomplished by the State agency in accordance with the provisions of 
Sec. 101-44.205); or
    (ii) Otherwise, under such terms and conditions and in such a manner 
as may be prescribed by the Administrator pursuant to the provisions of 
Sec. 101-44.205.
    (8) Fair and equitable distribution. The State agency is responsible 
for the fair and equitable distribution of surplus personal property 
through donation to all eligible donees in the State. The State plan 
shall provide for distribution based on the relative needs and resources 
of public agencies and other eligible institutions and their abilities 
to utilize the property. The State plan shall set forth the policies and 
detailed procedures for effecting a prompt, fair, and equitable 
distribution. The State plan shall also require that the State agency, 
insofar as practicable, select property requested by a public agency or 
other eligible institution and, when so requested by the recipient, 
arrange for shipment of the property direct to the recipient.
    (9) Eligibility. The State plan shall set forth procedures for the 
State agency to determine the eligibility of applicants for the donation 
of surplus personal property. Standard and guidelines for the 
determination of eligibility are provided in Sec. 101-44.207.
    (10) Compliance and utilization. The State agency shall effect 
utilization reviews for compliance by donees with the terms, conditions, 
reservations, and restrictions imposed by the State agency for any item 
of property having a unit acquisition cost of $5,000 or more and any 
passenger motor vehicle. Such reviews also shall include a review of 
compliance by the donees with any special handling conditions or use 
limitations imposed on items of property by the Administrator, pursuant 
to Sec. 101-44.108. The State plan shall set forth the provisions for 
and the proposed frequency of such reviews and shall provide adequate 
assurances that effective action shall be taken by the State agency to 
correct noncompliance or otherwise enforce such terms, conditions, 
reservations, and restrictions. Reports on utilization reviews and 
compliance actions shall be prepared by the State agency. The State plan 
shall provide adequate assurance that the State agency shall initiate 
appropriate investigations of alleged fraud

[[Page 409]]

in the acquisition of donated property or misuse of such property. The 
State agency shall immediately notify the Federal Bureau of 
Investigation (FBI) and GSA of any case involving alleged fraud. 
Further, GSA shall be advised of any misuse of donated property. The 
State agency shall assist GSA or other responsible Federal or State 
agencies in investigating such cases upon request.
    (11) Consultation with advisory bodies and public and private 
groups. The State plan shall provide for consultation by the State 
agency with advisory bodies and public and private groups which can 
assist the State agency in determining the relative needs and resources 
of donees, the proposed utilization of donable property by eligible 
donees, and how distribution of donable property can be effected to fill 
existing needs of donees. Details of how the State agency will 
accomplish such consultation shall be set forth in the plan.
    (12) Audit. The State plan shall provide for periodic internal 
audits of the operations and financial affairs of the State agency and 
compliance with the external audit requirements of Office of Management 
and Budget Circular No. A-128 ``Audits of State and Local Governments.'' 
The State agency must provide the appropriate GSA regional office with 
two copies of any audit report made pursuant to the Circular, or with 
copies of those sections that pertain to the Federal donation program. 
An outline of the corrective actions which the State agency will take to 
comply with any exceptions or violations indicated by the audit, and the 
scheduled completion dates for these actions, must be submitted with the 
audit report. Periodically, GSA representatives may visit the State 
agency to coordinate program activities and review the State agency 
operations. GSA may, for appropriate reasons, conduct its own audit of 
the State agency following due notice to the chief executive officer of 
the State of the reasons for such audit. Financial records and all other 
books and records of the State agency shall be made available for 
inspection by representatives of GSA, the General Accounting Office, or 
other authorized Federal activities.
    (13) Cooperative agreements. Section 203(n) of the act authorizes 
the Administrator (or the head of any Federal agency designated by him) 
to enter into cooperative agreements with State surplus property 
distribution agencies. The provisions of section 203(n) and the 
implementing regulations are set forth in Sec. 101-44.206. A State 
agency desiring to enter into such cooperative agreements or to renew or 
revise existing agreements shall affirm its intentions in the State plan 
and cite the authority called for in Sec. 101-44.202(c)(1).
    (14) Liquidation. The State plan shall provide for the submission of 
a liquidation plan to the Administrator when a determination is made to 
liquidate the State agency. The liquidation plan shall be submitted 
before the actual termination of the State agency activities and shall 
include:
    (i) Reasons for the liquidation;
    (ii) A schedule for liquidating the agency and the estimated date of 
termination;
    (iii) Method of disposing of surplus property on hand, consistent 
with the provisions of Sec. 101-44.205;
    (iv) Method of disposing of the agency's physical and financial 
assets;
    (v) Retention of all available books and records of the State agency 
for a 2-year period following liquidation; and
    (vi) Designation of another governmental entity to serve as the 
agency's successor in function until continuing obligations on property 
donated prior to the closing of the agency are fulfilled.
    (15) Forms. Copies of distribution documents used by the State 
agency shall be included in the State plan.
    (16) Records. The State plan shall provide for the retention of 
official records of the State agency for a period of not less than 3 
years, provided that in cases involving property subject to restrictions 
for more than 2 years, records shall be kept 1 year beyond the specified 
period of restriction. In cases in which property is in compliance 
status at the end of the period of restriction, the State plan shall 
provide for the retention of the records for at least 1 year after the 
case is closed.

[[Page 410]]

    (d) Implementation. (1) A State plan of operation developed by the 
State legislature and certified by the chief executive officer of the 
State shall be in effect and binding upon the State beginning with the 
date that the Administrator notifies the chief executive officer of the 
State that the plan conforms to the provisions of section 203(j)(4) of 
the act and the requirements of this part 101-44 and that allocation and 
transfer of donable surplus property to the State agency will commence. 
Such plan of operation shall remain in effect until such time as the 
Administrator may accept revisions.
    (2) GSA may, from time to time, propose modifications or amendments 
to the provisions of this part 101-44. In such cases, reasonable 
opportunity will, insofar as practicable, be afforded the State agencies 
to conform to any such regulatory changes affecting their operations.
    (e) Nonconformance. When the Administrator determines that a State 
plan does not conform to the requirements of the act or the provisions 
of this part 101-44, or subsequently that the State agency does not 
operate in accordance with the provisions of the plan, allocation and 
transfer of surplus donable property may be withheld until the 
nonconformance is corrected.

[42 FR 56003, Oct. 20, 1977; 42 FR 61043, Dec. 1, 1977, as amended at 53 
FR 11612, May 5, 1988; 53 FR 47197, Nov. 22, 1988]



Sec. 101-44.203  Allocation of donable property.

    Allocation of donable property will be made by GSA on a fair and 
equitable basis. The following criteria will be applied by GSA in 
effecting allocation and transfer of surplus personal property among the 
States:
    (a) Need and usability of property as reflected in selections of 
property by a State agency, including expressions of need and interest 
on the part of public agencies or other eligible donees within the 
State, transmitted through the State agency to GSA. Special 
consideration will be given by GSA to requests transmitted through the 
State agency by eligible donees for specific items of property.
    (b) Regions or States in greatest need of the type of property to be 
allocated, where a particular and important need is evidenced by a 
justification accompanying the expression of need.
    (c) Extraordinary needs occasioned by disasters.
    (d) The quantity of property of the type under consideration which 
was previously allocated to or is potentially available to a State 
agency from a more advantageous source.
    (e) Performance of a State agency in effecting timely pickup or 
removal of property allocated to the State and approved for transfer by 
GSA.
    (f) Performance of a State agency in effecting prompt distribution 
of property to eligible donees.
    (g) Equitable distribution based on the existing condition as well 
as the original acquisition cost of the property available for donation.
    (h) Equitable distribution based on the ratio of population and per 
capita income of each State.



Sec. 101-44.204  Certification and agreement by a State agency.

    (a) Certification. A State agency, in making a request to GSA for 
the transfer of donable surplus personal property, shall certify that:
    (1) It is the agency of the State designated under State law, and as 
such has legal authority within the meaning of section 203(j) of the act 
and GSA regulations, to receive surplus property for distribution within 
the State to eligible donees within the meaning of the act and GSA 
regulation;
    (2) The property is usable and needed by a public agency for one or 
more public purposes, such as conservation, economic development, 
education, parks and recreation, public health, public safety, and 
programs for older individuals, by an eligible nonprofit organization or 
institution which is exempt from taxation in the State under section 501 
of the Internal Revenue Code of 1954, for the purpose of education or 
public health (including research for any such purpose) or by an 
eligible nonprofit tax-exempt activity for programs for older 
individuals;

[[Page 411]]

    (3) When property is picked up by or shipped to a State agency, it 
has available adequate funds, facilities, and personnel to effect 
accountability, warehousing, proper maintenance, and distribution of the 
property; and
    (4) When property is distributed by a State agency to a donee, or 
when delivery is made direct from a holding activity to a donee, the 
donee acquiring the property is eligible within the meaning of the act 
and GSA regulations, and that the property is usable and needed by the 
donee.
    (b) Agreement. With respect to donable property picked up by or 
shipped to a State agency, the State agency shall agree to the 
following;
    (1) The right to possession only is granted and the State agency 
will make prompt statewide distribution of the same, on a fair and 
equitable basis, to donees eligible to acquire property under section 
203(j) of the act and GSA regulations, after such eligible donees have 
properly executed the appropriate certifications and agreements 
established by the State agency and/or GSA.
    (2) Title to the property shall remain in the United States of 
America although the State shall have taken possession thereof. 
Conditional title to the property shall pass to the eligible donee when 
the donee executes the certifications and appropriate agreements 
required by the State agency and has taken possession of the property.
    (3) The State agency shall:
    (i) Pay promptly the cost of care, handling, and shipping incident 
to taking possession of the property;
    (ii) During the time that title remains in the United States of 
America, be responsible as a bailee for mutual benefit for the property 
from the time it is released to the State agency or to the 
transportation agent designated by the State agency; and
    (iii) In the event of any loss of or damage to any or all of the 
property, file a claim and/or institute and prosecute to conclusion the 
proceedings necessary to recover for the account of the United States of 
America the fair market value of any of the property lost or damaged.
    (4) Surplus property hereafter approved for transfer by GSA for 
donation shall not be retained by the State agency for use in performing 
its functions unless the use of such property is authorized by GSA in 
accordance with the provisions of a cooperative agreement entered into 
between the State agency and GSA.
    (c) Interstate distribution. Where an applicant State agency is 
acting under an interstate distribution agreement approved by GSA as an 
agent and authorized representative of an adjacent State with which it 
shares a common boundary the certifications and agreements required 
above shall also be made by the applicant State agency respecting the 
donees in the adjacent State to which distribution will be made and the 
property to be distributed in the adjacent State, and these 
certifications and agreements shall constitute the certifications and 
agreements of the adjacent State on whose behalf and as whose authorized 
representative the applicant State agency is acting.

[42 FR 56003, Oct. 20, 1977, as amended at 45 FR 56809, Aug. 26, 1980; 
53 FR 16114, May 5, 1988]



Sec. 101-44.205  Property in the possession of a State agency.

    (a) Status. Title to all donable property located in a State agency 
distribution center is vested in the United States of America. The right 
to possession only is granted to the State agency. The State agency may 
disassemble or cannibalize an item of donable property in its possession 
when it determines that the usable parts and components thereof have 
greater donation potential than that for which the complete item was 
originally manufactured. The State agency may retain and use surplus 
personal property in its possession for the purpose of performing its 
functions pursuant to the provisions of Sec. 101-44.206.
    (b) Protection. During the time title remains in the United States 
of America the State agency shall:
    (1) Be responsible as a bailee for mutual benefit for surplus 
personal property transferred to it by GSA from the time it is released 
to the State or to the transportation agent designated by the State, and 
in the event of any loss of or damage to any or all of the property, the 
State agency shall promptly

[[Page 412]]

notify GSA and file a claim and/or institute and prosecute to conclusion 
the proceedings that are necessary to recover, for the account of the 
United States of America, the fair market value of any property lost or 
damaged, less the cost of care and handling incurred by the State agency 
in acquiring the property;
    (2) Maintain adequate provision for protecting property in its 
custody including protection against the hazards of fire, theft, 
vadalism, and weather; and
    (3) Promptly notify appropriate law officials including the FBI and 
GSA of any damage to or loss of property in its custody due to theft, 
vandalism, arson, or other unusual circumstances and shall provide full 
information concerning the circumstances. GSA shall be informed of any 
other types of damages to or loss of property which is in the possession 
of the State agency.
    (c) Insurance. It is GSA policy not to require a State agency to 
carry insurance as a condition for acquiring Federal surplus personal 
property for distribution to eligible recipients. However, when a State 
agency carries insurance against damage to or loss of property due to 
fire or other hazards and when loss of or damage to Federal surplus 
personal property occurs, GSA, on behalf of the United States of 
America, will be entitled to reimbursement from the State agency of the 
fair market value of the damaged or destroyed Federal property payable 
from the insurance proceeds, less the State agency's actual cost of 
acquiring and rehabilitating the property prior to its damage or 
destruction.
    (d) Distribution. Surplus personal property in the custody of a 
State agency shall be distributed promptly to eligible donees within the 
State.
    (e) Direct shipment. In order to reduce inventory, warehousing, and 
transportation costs and to ensure prompt utilization of donable surplus 
property, the State agency shall, insofar as practicable, when requested 
by the designated donee, arrange for or provide shipment of the property 
from the Federal holding agency direct to the recipient.
    (f) Transfer between States. When a State agency determines that 
surplus personal property in its possession cannot be utilized by 
eligible recipients within the State, its shall offer the property for 
transfer to surplus property agencies in other States. GSA encourages 
prompt transfer of property between the States. A State agency may 
arrange for visits to its distribution facilities by representatives of 
other State surplus property agencies to inspect and select unneeded 
property available for transfer. GSA regional offices, upon request, 
will assist in making known to other States unneeded property in one 
State which is available for transfer and in arranging and coordinating 
visits between State agencies. Transfers of property between States will 
be accomplished by processing SF 123, Transfer Order Surplus Personal 
Property, submitted by the requesting State through the GSA regional 
office for the releasing State. Transfers of unneeded surplus property 
between State agencies are subject to the disapproval of the 
Administrator within 30 days after notice to him.
    (g) Reporting unneeded property. A State agency at any time may 
report unneeded usable property in its possession which is not required 
for transfer to another State in the GSA regional office for 
redistribution or disposal. In reporting property to GSA, the State 
agency shall:
    (1) Provide the best possible description of each line item of 
property and its current condition code, quantity, and unit total 
acquisition cost;
    (2) Identify the date of receipt by the State agency of each line 
item of property listed;
    (3) Indicate those items which the State agency believes may be of 
interest to Federal agencies; and
    (4) Provide certification of reimbursement claimed for each line 
item.
    (h) Reutilization. Based on the information provided by the State 
agency, the GSA regional office may offer available property for 
recovery by Federal agencies. Any transfer order for that property will 
be approved by GSA and forwarded to the releasing State agency for 
appropriate action.
    (i) Disposal. Sale of undistributed property in the possession of a 
State agency will be initiated by the GSA regional office in accordance 
with the

[[Page 413]]

provisions of part 101-45. The GSA regional office will inform the State 
agency of the items to be sold and will work closely with the State 
agency in the preparation and prompt completion of the sale. Property 
available for sale may be turned in by a State agency to a GSA property 
or sales center with the approval of the GSA regional office which 
operates the center.
    (j) Reimbursement. Reimbursement for costs of care and handling to a 
State agency with respect to the transfer or disposal of donable 
property in its possession will be authorized by GSA as follows:
    (1) When a State agency acquires donable property by transfer from 
another State agency, reimbursement of costs incurred by the releasing 
State agency in acquiring the property, including packing, handling, and 
transportation costs, shall be established by mutual agreement between 
the two State agencies.
    (2) When a Federal activity requests property from a State agency, 
costs incurred by the State agency in acquiring the property, including 
packing, handling, and transportation costs, shall be reimbursable at 
the time the property is transferred to the Federal activity. The SF 122 
used in effecting the transfer must show the amount of reimbursement 
claimed by the releasing State agency.
    (3) When donable property in the possession of a State agency is 
required for disaster assistance, reimbursement to the State agency will 
be governed by the provisions of Sec. 101-44.105.
    (4) When disposing of undistributed property in the possession of a 
State agency by public sale, GSA may authorize reimbursement to the 
State agency for expenses related to care and handling incurred by the 
State agency in acquiring the property from within or outside the United 
States. Certification by the State agency of costs incurred is required 
and must be supported by documentation if requested by GSA. 
Reimbursement must not exceed the proceeds from the sale of the 
property. No reimbursement may be made to the State agency for actions 
subsequent to the receipt of property by the State agency from any 
source, including unloading, moving, repairing, preserving, or storing. 
Reimbursement will not be authorized by GSA for property acquired from 
any source if the property has been in the possession of the State 
agency for a period of 2 years from the date it was received by the 
State agency until the date it was reported to GSA for disposal. Costs 
of transporting property to a location outside a State agency 
distribution facility are not reimbursable unless transportation was 
specifically required by GSA. The sale of property at a location outside 
the State distribution facility, however, does not preclude authorized 
reimbursement to the State agency. Reimbursement is limited to:
    (i) Direct costs incurred by the Federal holding agency and billed 
to and paid by the State agency, including but not limited to packing, 
preparation for shipment, and loading; and
    (ii) Transportation costs paid or otherwise incurred by the State 
agency and not reimbursed by a donee to the State agency for initially 
moving the property from the Federal holding agency to the State agency 
distribution facility or other point of receipt designated by the State 
agency.
    (k) Abandonment or destruction. When a GSA regional office finds 
that a State agency has property in its possession that is unusable, the 
State agency may be instructed to proceed promptly with the abandonment 
or destruction of such property in accordance with the findings and the 
processes prescribed in subpart 101-45.9.

[42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16114, May 5, 1988]



Sec. 101-44.206  Cooperative agreements.

    This section provides policies and procedures for the establishment 
of cooperative agreements between GSA (or the head of any Federal agency 
designated by the Administrator of General Services) and a State agency 
for the use of property, facilities, personnel, and services, with or 
without payment or reimbursement and under the provisions of a 
cooperative agreement, for the use by the State agency of any surplus 
personal property in its possession subject to conditions imposed by the 
Administrator.

[[Page 414]]

    (a) Authority. Section 203(n) of the Federal Property and 
Administrative Services Act of 1949, as amended, provides that the 
Administrator (or the head of any Federal agency designated by him), for 
the purpose of carrying into effect the provisions of section 203(j) of 
the act, is authorized to enter into cooperative agreements with State 
surplus property distribution agencies designated in conformity with 
that section.
    (b) Use of property, facilities, personnel, and services. (1) GSA 
may enter into a cooperative agreement with a State agency to furnish to 
the State agency available property, facilities, personnel, or services 
of GSA that are found by GSA and the State agency to be necessary and 
useful in assisting the State agency to distribute and use surplus 
donable personel property and otherwise to carry out the purposes of the 
act. Assistance may include furnishing Federal Telecommunications System 
(FTS) service on a reimbursable basis. It may also include furnishing 
available office space and related support such as office furniture and 
typewriters in GSA regional offices, property centers, or field offices 
to State agency screeners or administrative clerical employees to assist 
them in screening and processing donable property for donation. 
Assistance will be provided by GSA, to the extent possible, without 
reimbursement; however, any extraordinary costs incurred by GSA in 
providing assistance shall be on a reimbursable basis.
    (2) GSA may enter into a cooperative agreement with a State agency 
for the purpose of the State agency furnishing available property, 
facilities, personnel, or services that are found by GSA and the State 
agency to be necessary and useful in assisting GSA to screen, transfer, 
and allocate surplus donable personal property and otherwise to carry 
out the purposes of the act. The provision of property, facilities, 
personnel, or services may be with or without payment or reimbursement 
to the State agency.
    (3) When a Federal agency designated by GSA wishes to enter into a 
cooperative agreement with a State agency (or a State agency with a 
Federal agency) for the provision of property, facilities, personnel, or 
services to carry into effect the donation provisions of the act, and 
the Federal agency and the State agency are mutually agreeable to an 
arrangement, GSA may concur in the establishment of a cooperative 
agreement and assist in its development. Payment or reimbursement shall 
be a matter for resolution between the Federal agency and the State 
agency.
    (c) Use of surplus property by a State agency. A State agency may 
enter into a cooperative agreement with GSA providing for the retention 
by the State agency of items of surplus personal property transferred to 
it for distribution that are needed for the State agency in performing 
its donation functions. The State agency shall submit a listing of 
needed property from time to time to the appropriate GSA regional 
office. GSA will review the list to ensure that it is of the type and 
quantity of property which is reasonably needed and useful to the State 
agency in performing its function. Unless GSA disapproves the retention 
of the property within 30 days of receipt of the listing, title to the 
property shall vest in the State agency. Separate records shall be 
maintained by the State agency for the property.
    (d) Interstate cooperative distribution agreements. GSA may concur 
in a cooperative agreement between two States which have contiguous 
boundaries whereby one State agency agrees to disbribute donable surplus 
property to certain specified donees in the adjoining State. Agreements 
may be considered when the donees, because of their geographic proximity 
to the property distribution centers of the adjoining State, could be 
more efficiently and economically serviced than by their own State 
surplus property facilities. The payment or reimbursement of service 
charges by the donee shall be a matter for the mutual agreement between 
the State agencies. By entering into an interstate cooperative 
distribution agreement, the State agreeing to service donees in an 
adjoining State shall agree, as agent for the adjoining State agency, 
to:
    (1) Make certifications and agreements required by Sec. 101-44.204; 
and
    (2) Require the donee to execute the distribution of documents of 
the State

[[Page 415]]

agency in which the donee is located. Copies of distribution documents 
shall be forwarded to the adjoining State agency.
    (e) Termination of agreements. Cooperative agreements entered into 
between GSA and a State agency may be terminated by either party upon 60 
days written notice to the other party. Termination of an agreement 
between a Federal agency designated by GSA and a State agency, and 
interstate cooperative distribution agreements, shall be as mutually 
agreed to by the parties.

[42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16115, May 5, 1988]



Sec. 101-44.207  Eligibility.

    This section sets forth the standards, guidelines, and procedures 
for determination of eligibility for public agencies and eligible 
nonprofit tax-exempt activities in each State to participate in the 
surplus personal property donation program, to receive surplus property 
through a State agency, and to use this property for the purposes 
authorized by the Federal Property and Administrative Services Act of 
1949, as amended, and by section 213 of the Older Americans Act of 1965, 
as amended (42 U.S.C. 3020d).
    (a) Definitions. For the purposes of this section, the following 
terms shall have the meanings set forth in this section:
    (1) Accredited means approval by a recognized accrediting board or 
association on a regional, State, or national level, such as a State 
board of education or health; the American Hospital Association; a 
regional or national accrediting association for universities, colleges, 
or secondary schools; or another recognized accrediting association.
    (2) Approved means recognition and approval by the State department 
of education, State department of health, or other appropriate authority 
where no recognized accrediting board, association, or other authority 
exists for the purpose of making an accreditation. For an educational 
institution or an educational program, approval must relate to academic 
or instructional standards established by the appropriate authority. An 
educational institution or program may be considered approved if its 
instruction and credits therefor are accepted by three accredited or 
State-approved institutions, or if it meets the academic or 
instructional standards prescribed for public schools in the State; 
i.e., the organizational entity or program is devoted primarily to 
approved academic, vocational (including technical or occupational), or 
professional study and instruction, which operates primarily for 
educational purposes on a full-time basis for a minimum school year as 
prescribed by the State and employs a full-time staff of qualified 
instructors. For a public health institution or program, approval must 
relate to the medical requirements and standards for the professional 
and technical services of the institution established by the appropriate 
authority. A health institution or program may be considered as approved 
when a State body having authority under law to establish standards and 
requirements for public health institutions renders approval thereto 
whether by accreditation procedures or by licensing or such other method 
prescribed by State law. In the absence of an official State approving 
authority for a public health institution or program or educational 
institution or program, the awarding of research grants to the 
institution or organization by a recognized authority such as the 
National Institutes of Health, the National Institute of Education, or 
by similar national advisory council or organization may constitute 
approval of the institution or program provided all other criteria are 
met.
    (3) Child care center means a public or nonprofit facility where 
educational, social, health, and nutritional services are provided to 
children through age 14 or as prescribed by State law, and which is 
approved or licensed by the State or other appropriate authority as a 
child day care center or child care center.
    (4) Clinic means an approved public or nonprofit facility organized 
and operated for the primary purpose of providing outpatient public 
health services and includes customary related services such as 
laboratories and treatment rooms.
    (5) College means an approved or accredited public or nonprofit 
institution

[[Page 416]]

of higher learning offering organized study courses and credits leading 
to a baccalaureate of higher degree.
    (6) Conservation means a program or programs carried out or promoted 
by a public agency for public purposes involving directly or indirectly 
the protection, maintenance, development, and restoration of the natural 
resources of a given political area. These resources include but are not 
limited to the air; land; forests; water; rivers; streams; lakes and 
ponds; minerals; and animals, fish and other wildlife.
    (7) Economic development means a program or programs carried out or 
promoted by a public agency for public purposes which involve directly 
or indirectly efforts to improve the opportunities of a given political 
area for the successful establishment or expansion of industrial, 
commercial, or agricultural plants or facilities and which otherwise 
assist in the creation of long-term employment opportunities in the area 
or primarily benefit the unemployed or those with low incomes.
    (8) Education means a program or programs to develop and promote the 
training, general knowledge, or academic, technical, and vocational 
skills and cultural attainments of individuals in a community or other 
given political area. These programs may be conducted by schools, 
including preschool activities and child care centers, colleges, 
universities, schools for the mentally retarded or physically 
handicapped, educational radio and television stations, libraries, or 
museums. Public educational programs may include public school systems 
and supporting facilities such as centralized administrative or service 
facilities.
    (9) Educational institution means an approved, accredited, or 
licensed public or nonprofit institution, facility, entity, or 
organization conducting educational programs, including research for any 
such programs, such as a child care center, school, college, university, 
school for the mentally retarded, school for the physically handicapped, 
or an educational radio or television station.
    (10) Educational radio station means a radio station licensed by the 
Federal Communications Commission and operated exclusively for 
noncommercial educational purposes and which is public or nonprofit and 
tax exempt under section 501 of the Internal Revenue Code of 1954.
    (11) Educational television station means a television station 
licensed by the Federal Communications Commission and operated 
exclusively for noncommercial educational purposes and which is public 
or nonprofit and tax exempt under section 501 of the Internal Revenue 
Code of 1954.
    (12) Health center means an approved public or nonprofit facility 
utilized by a health unit for the provision of public health services, 
including related facilities such as diagnostic and laboratory 
facilities and clinics.
    (12.1) Homeless individual means an individual who lacks a fixed, 
regular, and adequate nighttime residence, or who has a primary 
nighttime residence that is: (i) A supervised publicly or privately 
operated shelter designed to provide temporary living accommodations 
(including welfare hotels, congregate shelters, and transitional housing 
for the mentally ill); (ii) an institution that provides a temporary 
residence for individuals intended to be institutionalized; or (iii) a 
public or private place not designed for, or ordinarily used as, a 
regular sleeping accommodation for human beings. For purposes of this 
regulation, the term does not include any individual imprisoned or 
otherwise detained pursuant to an Act of the Congress or a State law.
    (13) Hospital means an approved or accredited public or nonprofit 
institution providing public health services primarily for inpatient 
medical or surgical care of the sick and injured and includes related 
facilities such as laboratories, outpatient departments, training 
facilities, and staff offices.
    (14) Library means a public or nonprofit facility providing library 
services free to all residents of a community, district, State, or 
region.
    (14.1) Licensed means recognition and approval by the appropriate 
State or local authority approving institutions or programs in 
specialized areas. Licensing generally relates to established minimum 
public standards of safety, sanitation, staffing, and equipment as they 
relate to the construction, maintenance, and operation of a health or

[[Page 417]]

educational facility, rather than to the academic, instructional, or 
medical standards for these institutions. Licensing may be required for 
educational or public health programs such as occupational training, 
physical or mental health rehabilitation services, or nursing care. 
Licenses frequently must be renewed at periodic intervals.
    (15) Medical institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, entity, or organization the 
primary function of which is the furnishing of public health and medical 
services to the public at large or promoting public health through the 
conduct of research for any such purposes, experiments, training, or 
demonstrations related to cause, prevention, and methods of diagnosis 
and treatment of diseases and injuries. The term includes but is not 
limited to hospitals, clinics, alcohol and drug abuse treatment centers, 
public health or treatment centers, research and health centers, 
geriatric centers, laboratories, medical schools, dental schools, 
nursing schools, and similar institutions. The term does not include 
institutions primarily engaged in domiciliary care although a separate 
medical facility within such a domiciliary institution may qualify as a 
``medical institution.''
    (16) Museum means a public or private nonprofit institution which is 
organized on a permanent basis essentially for educational or esthetic 
purposes and which, using a professional staff, owns or uses tangible 
objects, whether animate or inanimate; cares for these objects; and 
exhibits them to the public on a regular basis either free or at a 
nominal charge. As used in this section, the term ``museum'' includes, 
but is not limited to, the following institutions if they satisfy all 
other provisions of this section: Aquariums and zoological parks; 
botanical gardens and arboretums; museums relating to art, history, 
natural history, science, and technology; and planetariums. For the 
purposes of this section, an institution uses a professional staff if it 
employs full time at least one qualified staff member who devotes his or 
her time primarily to the acquisition, care, or public exhibition of 
objects owned or used by the institution. This definition of museum does 
not include any institution which exhibits objects to the public if the 
display or use of the objects is only incidential to the primary 
function of the institution. For example, an institution which is 
engaged primarily in the sale of antiques, objets d'art, or other 
artifacts and which incidentally provides displays to the public of 
animate or inanimate objects, either free or at a nominal charge, does 
not qualify as a museum.
    (17) Nonprofit tax-exempt activity means an institution or 
organization, no part of the net earnings of which inures or may 
lawfully inure to the benefit of any private shareholder or individual, 
and which has been held to be tax-exempt under the provisions of section 
501 of the Internal Revenue Code of 1954.
    (18) Park and recreation means a program or programs carried out or 
promoted by a public agency for public purposes which involve directly 
or indirectly the acquisition, development, improvement, maintenance, 
and protection of park and recreational facilities for the residents of 
a given political area. These facilities include but are not limited to 
parks, playgrounds and athletic fields, swimming pools, golf courses, 
nature facilities, and nature trails.
    (18.1) Provider of assistance to homeless individuals means a public 
agency or a nonprofit, tax-exempt institution or organization that 
operates a program which provides assistance such as food, shelter, or 
other services to homeless individuals, as defined in paragraph 
(a)(12.1) of this section. Property acquired through the donation 
program by such institutions or organizations must be used primarily for 
the program(s) operated to assist homeless individuals.
    (19) Public health means a program or programs to promote, maintain, 
and conserve the public's health by providing health services to 
individuals and/or by conducting research, investigations, examinations, 
training, and demonstrations. Public health services may include but are 
not limited to the control of communicable diseases, immunization, 
maternal and child health programs, sanitary engineering, sewage

[[Page 418]]

treatment and disposal, sanitation inspection and supervision, water 
purification and distribution, air pollution control, garbage and trash 
disposal, and the control and elimination of disease-carrying animals 
and insects.
    (20) Public health institution means an approved, accredited, or 
licensed public or nonprofit institution, facility, entity, or 
organization conducting a public health program or programs such as a 
hospital, clinic, health center, or medical institution, including 
research for any such program, the services of which are available to 
the public at large.
    (21) Public safety means a program or programs carried out or 
promoted by a public agency for public purposes involving, directly or 
indirectly, the protection, safety, law enforcement activities, and 
criminal justice system of a given political area. Public safety 
programs may include but are not limited to those carried out by public 
police departments, sheriffs' offices, the courts, penal and 
correctional institutions and including juvenile facilities, State and 
civil defense organizations, and fire departments and rescue squads 
including volunteer fire departments and rescue squads supported in 
whole or in part with public funds.
    (22) Public purpose means a program or programs carried out by a 
public agency which are legally authorized in accordance with the laws 
of the State or political subdivision thereof and for which public funds 
may be expended. Public purposes include but are not limited to programs 
such as conservation, economic development, education, parks and 
recreation, public health, and public safety.
    (23) School (except schools for the mentally retarded and schools 
for the physically handicapped) means a public or nonprofit approved or 
accredited organizational entity devoted primarily to approved academic, 
vocational, or professional study and instruction, which operates 
primarily for educational purposes on a full-time basis for a minimum 
school year and employs a full-time staff of qualified instructors.
    (24) School for the mentally retarded means a facility or 
institution operated primarily to provide specialized instruction to 
students of limited mental capacity. It must be public on nonprofit and 
must operate on a full-time basis for the equivalent of a minimum school 
year prescribed for public school instruction of the mentally retarded, 
have a staff of qualified instructors, and demonstrate that the facility 
meets the health and safety standards of the State or local governmental 
body.
    (25) School for the physically handicapped means a school organized 
primarily to provide specialized instruction to students whose physical 
handicaps necessitate individual or group instruction. The schools must 
be public or nonprofit and operate on a full-time basis for the 
equivalent of a minimum school year prescribed for public school 
instruction for the physically handicapped, have a staff of qualified 
instructors, and demonstrate that the facility meets the health and 
safety standards of the State or local governmental body.
    (26) University means a public or nonprofit approved or accredited 
institution for instruction and study in the higher branches of learning 
and empowered to confer degrees in special departments or colleges.
    (27) Programs for older individuals means any State or local 
government agency or any nonprofit tax-exempt activity which receives 
funds appropriated for programs for older individuals under the Older 
Americans Act of 1965, as amended, under title IV or title XX of the 
Social Security Act, or under titles VIII and X of the Economic 
Opportunity Act of 1964 and the Community Services Block Grant Act.
    (b) Eligibility of public agencies--(1) Public agency. Surplus 
personal property may be donated through the State agency to any public 
agency in the State. A public agency, as defined in Sec. 101-44.001-10, 
includes any:
    (i) State or department, agency, or instrumentality thereof;
    (ii) Political subdivision of the State, including any unit of local 
government or economic development district, or any department, agency, 
or instrumentality thereof;
    (iii) Instrumentality created by compact or other agreement between 
States or political subdivisions;

[[Page 419]]

    (iv) Multijurisdictional sub-State districts established by or 
pursuant to State law; and
    (v) Indian tribe, band, pueblo, or community located on a State 
reservation.
    (2) Public purpose. Surplus personal property acquired through the 
State agency must be used by the public agency to carry out or to 
promote for the residents of a given political area one or more public 
purposes. While the act lists certain specific public purposes such as 
conservation, economic development, education, parks and recreation, 
public health, and public safety, this enumeration is not exclusive and 
is not intended to preclude the acquisition of donable surplus personal 
property by a public agency for other public purposes. In effecting fair 
and equitable distribution of property, based on the relative needs and 
resources of interested public agencies and other authorized donees and 
their ability to use the property, it is intended that the State agency 
give full and fair consideration to the requirements of public agencies 
for property necessary and usable for conservation, economic 
development, education, parks and recreation, public health and public 
safety, and other public purposes. Each public program is conducted by 
designated departments, agencies, or other instrumentalities of the 
State and/or local governments in carrying out either specific or 
diverse functions, with, in some cases, overlapping jurisdiction. 
Activities and functions involved in designated public programs may 
include but are not limited to the following:
    (i) Conservation. State and local agencies and districts may be 
involved mutually in carrying out programs to conserve natural 
resources. Indian tribes or communities located on a State reservation 
may also be involved in conservation projects as well as other public 
programs such as economic development.
    (ii) Economic development. Programs designed to develop the economy 
by establishing or expanding industry, commerce, or agriculture in a 
given geographic area and may include the economic development districts 
and other activities of public agencies involved in activities such as 
municipal water and sewage departments operating sewage systems and 
waste treatment plants; State or local street or highway departments 
involved in construction or improvement of roads; port authorities and 
public airport commissions involved in harbor and public airport 
development; public transit authorities providing public transportation; 
environmental and antipollution programs of municipal, county, or State 
agencies; and State and local agencies involved in tourism development.
    (iii) Education. Public schools, colleges, and universities are 
directly involved in the educational process. Special schools for the 
physically handicapped or the mentally retarded, as well as vocational 
and trade schools and educational radio and television stations, are 
among the educational institutions which directly contribute to the 
educational development of a district, town, city, county, or other 
governmental jurisdiction. Child care centers not only provide education 
benefits but also may promote economic development and public safety. 
Central administrative and service facilities of public school systems 
are equally necessary to successfully carry out and improve public 
education. Public libraries and museums also provide an essential 
educational and cultural service to a community.
    (iv) Park and recreation. Agencies of the State, counties, cities, 
and other instrumentalities of local government are directly involved in 
the acquisition, development, improvement, and maintenance of public 
parks and other recreational facilities which benefit the general 
public. Public parks, playgrounds, swimming pools, and golf courses are 
some of the many public facilities which not only provide recreational 
benefits but also promote economic development, conservation, and public 
health.
    (v) Public health. Public health services are directly provided by 
hospitals, clinics, health centers, and other designated medical 
institutions. Public agencies also provide broad public health benefits 
with regard to activities such as the control of communicable diseases, 
immunization, public health nursing, maternal and child

[[Page 420]]

health programs, classes in health education and nutrition, and other 
health programs. These activities may be carried on in a clinic or 
subsidiary center in a community, in a person's home, in a school, or in 
a private business office of plant. Other vital programs carried on by 
State, county, or local health departments or other designated agencies 
directly protect public health and safety as well as promote economic 
development. These programs may include inspection of meat, food, and 
water; control and elimination of disease-carrying animals or insects by 
fogging, spraying, or other methods; water purification and water 
distribution systems; sewage treatment and disposal systems; garbage and 
trash disposal; and sanitary landfill facilities. These types of public 
health functions or services contribute directly to the general health 
and well being of the geographical area served, and public agencies may 
acquire surplus property to support these programs.
    (vi) Public safety. Public safety includes not only law enforcement 
agencies but agencies involved in the prevention, control, and treatment 
of alcohol and drug abuse; agencies which provide services to children 
such as child care centers and activities serving neglected, dependent, 
abused, and delinquent children; and agencies and courts within the 
criminal justice system. Equally essential to public safety are State 
and local civil defense agencies and local fire departments and rescue 
squads. The availability of fire and rescue equipment at public airports 
is another illustration of an equally vital public safety requirement.
    (vii) Programs for older individuals. State or local government 
agencies which receive funds appropriated for older individuals under 
the Older Americans Act of 1965, as amended, under title IV or title XX 
of the Social Security Act, or under titles VIII or X of the Economic 
Opportunity Act of 1964 and the Community Services Block Grant Act are 
eligible to receive surplus property through donation. Programs for 
older individuals include services that are necessary for the general 
welfare of older individuals, such as social services, transportation 
services, nutrition services, legal services, and multipurpose senior 
centers.
    (c) Eligibility of nonprofit tax-exempt activities. Surplus personal 
property may be donated through the State agency to nonprofit tax-exempt 
activities, as defined in this section, within the State, such as:
    (1) Medical institutions;
    (2) Hospitals;
    (3) Clinics;
    (4) Health centers;
    (5) Providers of assistance to homeless individuals;
    (6) Schools;
    (7) Colleges;
    (8) Universities;
    (9) Schools for the mentally retarded;
    (10) Schools for the physically handicapped;
    (11) Child care centers;
    (12) Radio and television stations licensed by the Federal 
Communications Commission as educational radio or educational television 
stations;
    (13) Museums attended by the public;
    (14) Libraries, serving free all residents of a community, district, 
State or region; or
    (15) Organizations or institutions that receive funds appropriated 
for programs for older individuals under the Older Americans Act of 
1965, as amended, under title IV and title XX of the Social Security 
Act, or under titles VIII and X of the Economic Opportunity Act of 1964 
and the Community Services Block Grant Act. Programs for older 
individuals include services that are necessary for the general welfare 
of older individuals, such as social services, transportation services, 
nutrition services, legal services, and multipurpose senior centers.
    (d) Educational and public health purposes. Surplus personal 
property acquired through the State agency must be used by a nonprofit 
educational or public health institution or organization for purposes of 
education or public health as defined in this section, including 
research for any such purpose. While this does not preclude the use of 
donated property by an eligible nonprofit educational or public health 
institution or organization for a related or subsidiary purpose incident 
to the institution's overall program, the property must be used 
essentially for the

[[Page 421]]

primary educational or public health function for which the activity 
receives donable property and not for a nonrelated or commercial 
purpose. The enumeration of institutions and organizations in Sec. 101-
44.207(c) is descriptive and not exclusive and is not intended to 
preclude determinations by the State agency of eligibility for other 
nonprofit educational and public activities. These activities may 
include but are not limited to:
    (1) Geriatric centers which are public health institutions and which 
furnish public health and medical services to the aged;
    (2) Nursing homes which are public health institutions providing 
skilled nursing care and related medical services to individuals 
admitted because of illness, disease, or physical or mental infirmity. 
(A nursing home may be considered as a qualified public health 
institution if it is either a:
    (i) Nursing home operated in connection with a hospital;
    (ii) Facility for long-term care of convalescents, chronic disease 
patients, or other persons who require skilled nursing care and related 
medical services in which the nursing care and medical services are 
prescribed by or are performed under the general direction of persons 
licensed to practice medicine or surgery in the State; or
    (iii) Nursing home certified to provide health services to medicaid 
or medicare patients under the provisions of the Social Security Act. 
(Nursing homes which do not meet these requirements or the primary 
purpose of which is domiciliary care will not be considered as 
qualifying as public health institutions); and
    (3) Alcohol and drug abuse treatment centers which are clinics or 
medical institutions and which provide for the diagnosis, treatment, and 
rehabilitation of alcoholics and drug addicts. These centers should have 
available professional medical staffs on a regular visiting basis.
    (e) Determinations of eligibility. The State agency is responsible 
for determining that an applicant is eligible as a public agency or a 
nonprofit educational or public health institution or organization to 
participate in the program and receive donations of surplus personal 
property.
    (f) Application for eligibility. Each State agency shall maintain a 
complete and current record for each eligible donee. This record shall 
include the following:
    (1) Application. The application shall set forth the:
    (i) Legal name and the address of the applicant;
    (ii) Status of the applicant as a public agency or as an eligible 
nonprofit tax-exempt activity (evidence shall be included in the file 
that the applicant is a public agency or has been determined to be 
nonprofit and tax-exempt under section 501 of the Internal Revenue Code 
of 1954);
    (iii) Details concerning the applicant's public program activities 
or, whenit is an eligible nonprofit tax-exempt activity, the specific 
programs and facilities operated by the applicant (Sufficient details 
and specifics should be available so that the State agency can determine 
the program eligibility qualifications of the applicant, including any 
of those activities defined in Sec. 101-44.207(a).); and
    (iv) Evidence that the applicant is approved, accredited, or 
licensed, when it is a requirement of one or more of the applicant's 
programs, or certification of funding when the applicant is a nonprofit 
tax-exempt activity that conducts programs for older individuals.
    (2) Authorization. A written authorization signed by the chief 
administrative officer or executive head of the donee activity, or a 
resolution by the governing board or body of the donee activity, which 
shall designate one or more representatives to act for the applicant 
acquiring donable property from the State agency, to obligate any 
necessary funds of the applicant for this purpose, and to execute the 
State agency distribution document including terms, conditions, 
reservations, and restrictions that the State agency or GSA may 
establish on the use and disposal of the property.
    (3) Assurance. Necessary assurances that the applicant will comply 
with GSA regulations on nondiscrimination as set forth in subpart 101-
6.2 and part

[[Page 422]]

101-8 must be provided in the format prescribed by GSA.
    (g) Needs and resources. In order that the State agency in 
distributing property can give fair and equitable consideration to the 
relative needs and resources of the donees within the State and their 
ability to use the property, the State agency may require each 
applicant, when submitting an application for eligibility determination, 
to provide a statement on the types and kinds of equipment, vehicles, 
machines, or other items of property needed by the applicant for use in 
the applicant's particular public programs, or, in the case of eligible 
nonprofit tax-exempt activities, the authorized programs to be served by 
the use of the equipment and the scope of these programs. The State 
agency may also request any financial information needed to evaluate the 
relative financial needs and resources of the applicant.
    (h) Maintaining eligibility. The State agency shall update donee 
eligibility records as required to ensure continuing eligibility. 
Records for public agencies and nonprofit tax-exempt donees must be 
updated on a continuing basis, as frequently as necessary, to ensure 
that all documentation required to justify the donee's eligibility is 
current and accurate. Particular care must be taken to ensure that the 
donee resolution is current and that the statement of designated 
representatives contained therein is correct. When an eligible donee 
ceases to operate or when it loses its license, accreditation, or 
approval or otherwise fails to maintain its eligibility status, the 
State agency shall terminate its distribution of property to the 
activity.
    (i) Conditional eligibility. In certain cases, newly organized 
activities may not have commenced operations or completed construction 
of their facilities, or may not yet have been approved, accredited, or 
licensed as may be required to qualify as eligible donees. In other 
cases, there may be no specific authority which can approve, accredit, 
or license the applicant as required for qualification. In these cases, 
the State agency may accept letters from public authorities, either 
local or State, which the State agency deems competent (such as a board 
of health or a board of education) stating that the applicant otherwise 
meets the standards prescribed for approved, accredited or licensed 
institutions and organizations. In the case of educational activities, 
letters from three accredited or approved institutions that students 
from the applicant institution have been and are being accepted may be 
deemed sufficient by the State agency. In the case of public health 
institutions or organizations, licensing may be accepted by the State 
agency as evidence of approval in States where there is no authority 
which can as a legal or as a policy matter, approve hospitals, clinics, 
health centers, or medical institutions, provided the licensing 
authority prescribes the medical requirements and standards for the 
professional and technical services of the institution. If the 
construction of an applicant's facility or physical plant has not been 
completed, the State agency, after evaluating the progress and potential 
of the applicant, may at its discretion make available surplus items of 
property which can be immediately utilized at this point in the 
applicant's program. Under no circumstances shall conditional 
eligibility be granted to a potentially eligible nonprofit tax-exempt 
applicant before the State agency has received from the applicant a copy 
of a letter of determination by the Internal Revenue Service stating 
that the applicant is exempt from Federal taxation under section 501 of 
the Internal Revenue Code of 1954.

[42 FR 56003, Oct. 20, 1977, as amended at 43 FR 38009, Aug. 25, 1978; 
45 FR 56809, Aug. 26, 1980; 53 FR 16115, May 5, 1988; 53 FR 47197, Nov. 
22, 1988; 58 FR 39666, July 26, 1993]



Sec. 101-44.208  Property distributed to donees.

    (a) Distribution document. Donation of surplus personal property 
shall be accomplished by the use of a prenumbered State agency 
distribution document which shall include the:
    (1) Certifications and agreements required of the donee by the State 
agency, including an agreement to hold the Government harmless from any 
or all debts, liabilities, judgments, costs, demands, suits, actions, or 
claims of any nature arising from or incident to the

[[Page 423]]

donation of the property, its use, or final disposition;
    (2) Condition that the donee will return to the State agency, at its 
own expense, any donated property that is not placed in use for the 
purposes for which it was donated within 1 year of donation, or which 
ceases to be used by the donee for those purposes within 1 year of being 
placed in use, provided the property is still usable as determined by 
the State agency or the donee agrees to make the property available for 
retransfer or other disposal by the State agency;
    (3) Terms, conditions, reservations, and restrictions, imposed by 
the State agency as provided in the State plan of operation on the use 
of any item of property having a unit acquisition cost of $5,000 or more 
and any passenger motor vehicle;
    (4) Terms, conditions, reservations, or restrictions imposed on any 
other donated item by the State agency;
    (5) Conditions imposed by GSA, if any, requiring special handling or 
use limitations on donated property; and
    (6) Period of restriction during which the donee must use the 
property for the purpose for which it was acquired.
    (b) Donation purpose. At the time donable surplus property is 
acquired by a donee, the donee's authorized representative shall 
indicate on the State agency's distribution document the primary purpose 
for which the property is to be used. In the case of public agencies, 
such usage could be for public purposes, such as conservation, economic 
development, education, parks and recreation, public health, programs 
for providing assistance to homeless individuals, public safety, 
museums, State Indians, or programs for older individuals. When the 
property is to be used for a combination of these purposes or for some 
other public purpose, the distribution document shall so indicate. With 
respect to nonprofit institutions or organizations, the purpose shall be 
shown as education, public health, programs for providing assistance to 
homeless individuals, museums, or programs for older individuals.
    (c) Conditional title. Conditional title to surplus personal 
property shall pass to an eligible donee when the donee has executed the 
State agency distribution document and taken possession of the property.
    (d) Utilization surveys. The State agency shall make utilization 
surveys and reviews, as provided in the State plan of operation, to 
ensure that donated property during the period of restriction is being 
used by the donee for the purposes for which it was acquired.
    (e) Compliance. The State agency shall take the necessary action to 
correct any noncompliance involving the use of donated property or to 
enforce the terms, conditions, reservations, and restrictions imposed on 
the use of the property, either by the State agency or GSA. 
Noncompliance may involve but not be limited to:
    (1) Property not placed in use by the donee;
    (2) Property no longer needed by the donee within the period of 
restriction;
    (3) Unauthorized use of property by the donee during the period of 
restriction; or
    (4) Unauthorized disposal of property by the donee during the period 
of restriction.
    (f) Enforcement of compliance. Enforcement of compliance during the 
period of restriction may involve action by the State agency to:
    (1) Place the property in proper use by the donee;
    (2) Transfer the property to another donee having need and use 
therefor;
    (3) Return the property to the State agency for distribution to 
other donees in the State or to another State agency having need and use 
therefor;
    (4) Transfer the property through GSA to a Federal agency;
    (5) Sell the property;
    (6) Recover the gross proceeds realized from the disposal or the 
fair market value of the property, whichever is greater, when it is 
impossible or impracticable to recover property disposed of improperly 
during the period of restriction; and
    (7) Recover the fair rental value if the property was used in an 
unauthorized manner during the period of restriction.
    (g) Coordination with GSA. In enforcing compliance with the terms 
and conditions imposed on donated property, the State agency shall 
coordinate with GSA before undertaking the sale of, or

[[Page 424]]

making demand for payment of the fair market value or fair rental value 
of donated property which:
    (1) Is subject to any special handling condition or use limitation 
imposed by GSA or
    (2) Has not been placed into use by the donee, for the purposes for 
which acquired, within 1 year of donation, or which has not been used 
for these purposes for 1 year after being placed in use.
    (h) Waivers. A State agency may amend, modify, or grant releases for 
appropriate reasons from the terms, conditions, reservations, or 
restrictions it has imposed on the use of donated property, provided 
that it has set forth in the State plan of operation the standards by 
which actions shall be taken by the State agency. Amendments, 
corrections, or releases shall not be granted by the State agency, 
however, with respect to:
    (1) The requirement that usable property be returned by the donee to 
the State agency if the property has not been placed in use for the 
purposes for which it was donated within 1 year of donation or ceases to 
be used by the donee for those purposes within 1 year of being placed in 
use; except that the State agency may grant authority to the donee to 
cannibalize or accomplish secondary utilization of property items 
subject to this requirement when the State agency determines that such 
action will result in increased utilization of the property and that the 
proposed action meets the standards prescribed in the State plan of 
operation with respect to amendments, modifications, or releases of the 
terms and conditions imposed on donated property; or
    (2) Any special handling condition or use limitation imposed by GSA 
except with the prior approval of GSA.
    (i) Disposition of recovered property. Personal property items 
returned to a State agency by a donee shall be redistributed by the 
State agency to other donees in the State or otherwise transferred or 
disposed of in accordance with the provisions of the State plan of 
operation if the property was returned (1) while subject to any special 
handling condition or use limitation imposed by GSA or (2) because the 
property had not been placed in use within 1 year of donation for the 
purposes for which it was acquired, or not used for such purposes for 1 
year after being placed in use. Personal property items returned by a 
donee while subject to terms, conditions, reservations, or restrictions 
imposed by the State agency may be redistributed, transferred, or 
disposed of as determined by the State agency.
    (j) Deposit of funds. Any funds, including the gross proceeds of 
sale or the fair market value or the fair rental value of the property, 
derived by the State agency from enforcement of compliance involving a 
breach of any special handling condition or use limitation imposed on 
donated property by GSA, or involving donated property which had not 
been placed in use for the purposes for which it was acquired within 1 
year of donation or not used for those purposes for 1 year after being 
placed in use by the donee, shall be remitted promptly by the State 
agency to GSA for deposit in the Treasury of the United States. The 
remittance shall be accompanied by supporting documentation indicating 
the source of the funds and essential background information. Funds 
derived by the State agency from the compliance action involving any 
term, condition, reservation, or restriction imposed on the donee by the 
State agency and funds derived by the State agency from any amendment, 
modification, or release thereof during the period of restriction may be 
retained and used by the State agency as provided in its plan of 
operation.
    (k) Reimbursement to donees. (1) When a donee has used but no longer 
has a need or use for donated property which is subject to any special 
handling condition or use limitation imposed by GSA, and no breach of 
the conditions or limitations has occurred, the donee may be reimbursed 
on a prorated basis for the initial cost of repairs required to make the 
item usable when the property is transferred to a Federal agency or sold 
for the benefit and account of the United States of America.
    (2) The State agency shall recommend for GSA approval the amount of 
reimbursement to which the donee is entitled, taking into consideration 
the benefit the donee has received from the

[[Page 425]]

use of the property and making appropriate deductions therefor. In the 
case of sale, reimbursement to a donee for any item of property shall 
not exceed the proceeds of the sale of the item. Reimbursement for 
property to be transferred to a Federal agency will be made a condition 
of the transfer by GSA.

[42 FR 56003, Oct. 20, 1977, as amended at 45 FR 56810, Aug. 26, 1980; 
53 FR 16116, May 5, 1988; 53 FR 47198, Nov. 22, 1988]



     Subpart 101-44.3--Donations of Foreign Excess Personal Property



Sec. 101-44.300  Scope of subpart.

    This subpart prescribes the policies and methods governing the 
return of foreign excess personal property to the United States for 
donation.



Sec. 101-44.301  Holding agency responsibilities.

    Prior to any sale, exchange, lease, or donation of medical materials 
or supplies pursuant to the provisions of section 402 (a) or (b) of the 
Federal Property and Administrative Services Act of 1949, as amended, 
foreign excess personal property not required for further Federal use as 
determined by GSA shall be made available by the holding agency for 
selection and return to the United States for donation for the purposes 
of subpart 101-44.2 and, with respect to property returned from 
Department of Defense (DOD) activities, for the purposes of subpart 101-
44.4. Any foreign excess personal property returned to the United States 
which has been identified as having been processed, produced, or donated 
by the American National Red Cross shall be made available for donation 
to the American National Red Cross for charitable purposes in accordance 
with subpart 101-44.6, unless otherwise directed by the Administrator of 
General Services.



Sec. 101-44.302  Donation screening.

    (a) To locate and select donable property, onsite representatives of 
State agencies duly accredited by GSA shall be permitted to screen 
foreign excess personal property available for return to the United 
States. Property not required for further Federal use, as determined by 
GSA, shall be available for donation for a period of time of not less 
than 10 calendar days unless otherwise agreed to by the holding agency 
and GSA. To assist donation screening. GSA will provide State agency 
representatives with available advance information concerning foreign 
excess property to the maximum extent possible.
    (b) Property returned to the United States for further Federal use 
and thereafter determined surplus shall be made available for donation 
by GSA for the purposes set forth in subpart 101-44.2 and, with respect 
to property returned from DOD activities and then determined surplus, 
for donation by GSA without priority for the purposes of subpart 101-
44.4.



Sec. 101-44.303  Donation approval.

    (a) The Administrator of General Services is authorized to make 
donations at his discretion for the purposes of this subpart.
    (b) Standard Form (SF) 123, Transfer Order Surplus Personal Property 
(see Sec. 101-44.4901-123), prepared in accordance with instructions 
(see Sec. 101-44.4901-123-1) and signed by a duly authorized official, 
shall be forwarded to the appropriate GSA office for approval for 
property covered by this subpart. An infomation copy shall be forwarded 
to the holding activity.
    (c) Unless otherwise authorized by GSA, personal property shall not 
be released by the holding agency for donation pursuant to this subpart 
until it has received SF 123 bearing the signed approval of the 
appropriate GSA office.



Sec. 101-44.304  Shipment.

    The State agency representatives shall arrange for the shipment of 
personal property approved for donation and allocated by GSA to State 
agencies for distribution to eligible donees. Upon request, the holding 
agency may provide packing, handling, crating, and transportation 
services on a reimbursable basis.

[[Page 426]]



Sec. 101-44.305  Costs incurred incident to donation.

    All transportation costs and other direct costs incurred incident to 
donation, including packing, handling, and crating, shall be borne by 
the State agency or the donee institution or organization receiving the 
property, including any costs incurred and billed by GSA or the holding 
agency. Care shall be exercised by the State agencies in the selection 
of property to ensure that it is economical to return the items to the 
United States for donation, giving full consideration to transportation 
and accessorial costs.



Sec. 101-44.306  Statistics and reports.

    The Administrator of General Services will maintain data on the 
acquisition cost of all personal property approved by GSA for donation 
pursuant to this subpart and will report these data to the Congress 
annually and at such other times as he may deem desirable.



      Subpart 101-44.4--Donations to Service Educational Activities

    Source: 63 FR 56090, Oct. 21, 1998, unless otherwise noted.



Sec. 101-44.400  What are the responsibilities of DOD, GSA, and State agencies in the Service Educational Activity (SEA) donation program?

    (a) Department of Defense. The Secretary of Defense is responsible 
for:
    (1) Determining the types of surplus personal property under DOD 
control that are usable and necessary for SEAs.
    (2) Setting eligibility requirements for SEAs and making eligibility 
determinations.
    (3) Providing surplus personal property under the control of DOD for 
transfer by GSA to State agencies for distribution to SEAs.
    (b) General Services Administration. The Administrator of General 
Services is responsible for transferring surplus personal property 
designated by DOD to State agencies for donation to eligible SEAs.
    (c) State agencies. State agency directors are responsible for:
    (1) Verifying that an activity seeking to obtain surplus DOD 
personal property is an SEA designated as eligible by DOD to receive 
surplus personal property.
    (2) Locating, screening, and acquiring from GSA surplus DOD personal 
property usable and necessary for SEA purposes.
    (3) Distributing surplus DOD property fairly and equitably among 
SEAs and other eligible donees in accordance with established criteria.
    (4) Keeping a complete and accurate record of all DOD property 
distributed to SEAs and furnishing GSA this information as required in 
Sec. 101-44.4701(e).
    (5) Monitoring compliance by SEA donees with the conditions 
specified in Sec. 101-44.208 (except Secs. 101-44.208(a)(3) and (4), 
which do not apply to donations of surplus DOD personal property to 
SEAs).



Sec. 101-44.401  How is property for SEAs allocated and distributed?

    (a) Allocations. GSA will make allocations in accordance with 
subpart 101-44.2 of this part, unless DOD requests that property be 
allocated through a State agency for donation to a specific SEA. Those 
requests will be honored unless a request is received from an applicant 
with a higher priority.
    (b) Distributions. State agencies must observe all the provisions of 
Sec. 101-44.208, except Secs. 101-44.208(a)(3) and (4), when 
distributing surplus DOD personal property to eligible SEAs.



Sec. 101-44.402  May SEAs acquire non-DOD property?

    Generally no. Surplus property generated by Federal civil agencies 
is not eligible for donation to SEAs, unless the SEAs also qualify under 
Sec. 101-44.207 to receive donations of surplus personal property.



Sec. 101-44.403  What if a provision in this subpart conflicts with another provision in this part 101-44?

    The provisions of this subpart shall prevail.

[[Page 427]]



             Subpart 101-44.5--Donations to Public Airports



Sec. 101-44.500  General.

    Section 13(g) of the Surplus Property Act of 1944, as amended (50 
U.S.C. App. 1622(g)), provides for the disposal of surplus personal 
property, with the approval of the Administrator of General Services, as 
determined by the Administrator of the Federal Aviation Administration 
to be essential, suitable, or desirable for the development, 
improvement, operation, or maintenance of a public airport.



Sec. 101-44.501  Agency authority.

    (a) Federal Aviation Administration. The Administrator of the 
Federal Aviation Administration or his duly authorized representative 
shall:
    (1) Determine requirements for surplus personal property of any 
State, political subdivision, municipality, or tax-supported institution 
for public airport use;
    (2) Prescribe the eligibility requirements for public airport 
applicants and make determinations of eligibility;
    (3) Determine whether available surplus personal property is 
essential, suitable, or desirable to fulfill the immediate or 
foreseeable future requirements for the development, improvement, 
operation, or maintenance of a public airport; and
    (4) Determine and enforce compliance with the terms and conditions 
under which surplus personal property is transferred for public airport 
use.
    (b) General Services Administration. Donations of surplus personal 
property for public airport purposes may be approved by the 
Administrator of General Services, at his discretion. Subject to that 
prior approval, surplus personal property determined essential, 
suitable, or desirable for public airport use by the Federal Aviation 
Administration (FAA) may be transferred direct to the specific public 
airport applicant.



Sec. 101-44.502  Application.

    An applicant for surplus property to be used for public airport 
purposes shall make application to GSA using Standard Form 123, Transfer 
Order Surplus Personal Property, in accordance with Sec. 101-44.110 for 
donation approval of surplus property determined by the Administrator of 
the Federal Aviation Administration or his duly authorized 
representative to be essential, suitable, or desirable for the 
development, improvement, operation, or maintenance of a public airport, 
or reasonably necessary to fulfill the immediate and foreseeable future 
requirements of the applicant for the development, improvement, 
operation, or maintenance of a public airport. Applications shall be 
prepared in accordance with Sec. 101-44.111 and shall not require 
shipment of unreasonably small quantities.



Sec. 101-44.503  Surveillance.

    FAA shall provide GSA with copies of internal instructions, and 
changes thereto, which outline the scope of its surveillance program for 
the enforcement of compliance with the terms and conditions of transfer 
established by GSA for surplus personal property donated to public 
airports.



Sec. 101-44.504  Reports.

    In order for GSA to accumulate information as a basis for the 
exercise of its discretionary authority to approve the donation of 
surplus personal property, FAA shall make such reports on compliance 
actions involving donations to public airports as may be required from 
time to time by the Administrator of General Services.



     Subpart 101-44.6--Donations to the American National Red Cross



Sec. 101-44.600  General.

    Pursuant to section 203(1) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484), as amended, 
personal property which has been determined to be surplus property and 
which has been identified as having been processed, produced, or donated 
by the American National Red Cross shall, unless otherwise directed by 
the Administrator of General Services, be made available for donation to 
the Red Cross for charitable purposes.



Sec. 101-44.601  Donation approval.

    The donation of surplus property for which the Red Cross is the 
eligible

[[Page 428]]

donee shall not require further GSA approval, unless the property has an 
estimated value in excess of $500 or, in the case of blood plasma, 
consists of a quantity in excess of 1,000 units. In those instances in 
which the property to be donated exceeds the amounts stated, the GSA 
Regional Administrator for the area in which the property is located may 
approve the formal request submitted by the Red Cross.



Sec. 101-44.602  Cooperation of holding agencies.

    Holding agencies shall cooperate with the Red Cross by informing the 
National Headquarters, Attention: General Supply Office, 17th and D 
Streets NW., Washington, DC 20006, of any surplus property in their 
custody which meets the criteria in Sec. 101-44.600. By memorandum, 
letter, or other means of communication, the holding agencies shall 
provide information regarding suggested shipping facilities, quantity, 
description, condition, and location of such property in their 
inventories.



Sec. 101-44.603  Action by the Red Cross.

    (a) Upon receipt of information from the holding agency regarding 
the availability of surplus personal property covered by this subpart, 
the Red Cross may inspect the property or request it pursuant to 
Sec. 101-44.600 without inspection.
    (b) The formal request and shipping instructions in duplicate shall 
be prepared and transmitted by the Red Cross to the holding agency 
activity having custody of the property within 20 calendar days from the 
date of notification of information provided for in Sec. 101-44.602. 
Shipping instructions shall include a list of all such surplus property 
to be transferred and shall include reference to the date when 
information on which the request is based was received by the Red Cross. 
One copy of the request and shipping instructions shall be forwarded to 
the GSA regional office for the area in which the property is located.
    (c) When the property to be donated exceeds the quantities stated in 
Sec. 101-44.601, the Red Cross shall send three copies of the formal 
request and shipping instructions to the designated GSA regional office 
for approval. Upon approval, the GSA regional office will mail two 
approved copies direct to the responsible activity of the holding 
agency.



Sec. 101-44.604  Transfer by holding agency.

    The holding agency shall transfer direct to the Red Cross, upon 
receipt of the request and shipping instructions provided for in 
Sec. 101-44.603, all items of surplus property requested. One copy of 
the request and shipping instructions shall be enclosed with the 
shipment or attached to shipping documents. The shipments shall be made 
f.o.b. installation, transportation charges collect.



Sec. 101-44.605  Donable property determined unusable by the Red Cross.

    Property eligible for donation to the Red Cross which because of 
deterioration or for other reasons the Red Cross declines in writing to 
request as a donation, or as to which no action is taken by the Red 
Cross within the 20 calendar day period prescribed in Sec. 101-44.603, 
shall be disposed of as other surplus. When the Red Cross property is 
offered for disposal, the disposal document shall provide for a 
certification to the effect that all Red Cross labels or other Red Cross 
identifications will be obliterated or removed from the property before 
use by the recipient or transfer by him to other users.



        Subpart 101-44.7--Donations of Property to Public Bodies



Sec. 101-44.700  Scope of subpart.

    This subpart prescribes the policies and methods governing the 
disposition by executive agencies by donation to public bodies of 
personal property which has no commercial value or of which the 
estimated cost of continued care and handling would exceed the estimated 
proceeds from its sale. This subpart does not apply to:
    (a) Surplus personal property donated for the purposes of subparts 
101-44.2, 101-44.4, and 101-44.5; or

[[Page 429]]

    (b) Controlled substances (as defined in Sec. 101-42.001) and combat 
material (as defined in Sec. 101-46.001-2).

[42 FR 56003, Oct. 20, 1977, as amended at 57 FR 39136, Aug. 28, 1992]



Sec. 101-44.701  Findings justifying donation to public bodies.



Sec. 101-44.701-1  General.

    (a) Property shall not be donated to public bodies by an executive 
agency unless it is affirmatively found in writing by a duly authorized 
official of the agency either that:
    (1) The property has no commercial value, or
    (2) The estimated cost of its continued care and handling would 
exceed the estimated proceeds from its sale.
    (b) Findings shall not be made by any official directly accountable 
for the property covered thereby.



Sec. 101-44.701-2  Reviewing authority.

    When a line item of the property to be disposed of under this 
subpart 101-44.7 by an executive agency at any one location at any one 
time had an original cost (estimated if not known) of more than $1,000, 
findings made under Sec. 101-44.701-1 shall be approved by a reviewing 
authority before any disposal.



Sec. 101-44.702  Donations to public bodies.



Sec. 101-44.702-1  Authority to donate.

    Any executive agency may donate property to public bodies in 
accordance with Sec. 101-44.701-1.



Sec. 101-44.702-2  Disposal costs.

    Any public body receiving property from an executive agency pursuant 
to this subpart shall pay the disposal costs incident to the donation 
such as packing, preparation for shipment, demilitarization, loading, 
and transportation to the donee.



Sec. 101-44.702-3  Hazardous materials.

    When hazardous materials as defined in part 101-42 are donated to a 
public body in accordance with this subpart, the head of the agency or 
designee authorized to make the donation shall be responsible for the 
safeguards, notifications, and certifications required by part 101-42, 
and compliance with all other requirements therein.

[57 FR 39136, Aug. 28, 1992]

Subpart 101-44.8  [Reserved]



                Subpart 101-44.9--Miscellaneous Statutes



Sec. 101-44.900  Scope of subpart.

    Property disposed of under the following statues is first subject to 
the requirements of subparts 101-44.2, 101-44.4, and 101-44.5. Disposals 
under these statutes do not require the approval of the Administrator of 
General Services.



Sec. 101-44.901  Condemned or obsolete material.

    Pursuant to 10 U.S.C. 2572, the Secretary of a military department 
or the Secretary of the Treasury (and the Secretary of Transportation 
with regard to the functions of the Coast Guard transferred to him under 
Pub. L. 89-670, approved October 15, 1966) may lend or give, without 
expense to the United States, books, manuscripts, works of art, 
drawings, plans, models, and condemned or obsolete combat material that 
are not needed by that department to recipients specified in 10 U.S.C. 
2572. However, records of the Government as defined in 44 U.S.C. 3306 
shall not be disposed of under this Sec. 101-44.901.



Sec. 101-44.902  Obsolete, condemned, or captured vessels.

    Pursuant to 10 U.S.C. 7308, the Secretary of the Navy may transfer 
by gift or otherwise, on terms prescribed by him and set forth in 10 
U.S.C. 7308 (b) and (c), any obsolete or condemned vessel of the Navy or 
any captured vessel in the possession of the Department of the Navy to 
recipients specified in 10 U.S.C. 7308.



Sec. 101-44.903  Obsolete naval material.

    Pursuant to 10 U.S.C. 7541, the Secretary of the Navy may give 
obsolete material not needed for naval purposes and may sell other 
material that may be spared at a price representing its fair value to 
the Boy Scouts of America for the sea scouts, the Naval Sea Cadet Corps 
for the sea cadets, and the

[[Page 430]]

Young Marines of the Marine Corps League for the young marines. The 
costs of transportation and delivery of material given or sold shall be 
charged to the Boy Scouts of America, the Naval Sea Cadets, or the Young 
Marines of the Marine Corps League, as appropriate.



Sec. 101-44.904  Obsolete material and articles of historic interest.

    Pursuant to 10 U.S.C. 7545, the Secretary of the Navy may lend or 
give, without expense to the United States, captured, condemned, or 
obsolete ordnance material; books, manuscripts, works of art, drawings, 
plans, and models; other condemned or obsolute material, trophies, and 
flags; and other material of historic interest not needed by the 
Department of the Navy to recipients specified in 10 U.S.C. 7545. 
However, records of the Government as defined in 44 U.S.C. 3306 shall 
not be disposed of under this Sec. 101-44.904.



Sec. 101-44.905  Obsolete or other Coast Guard material.

    Pursuant to 14 U.S.C. 641a, the Commandant of the Coast Guard may 
dispose of, with or without charge, obsolete or other material not 
needed for the Coast Guard to recipients specified in 14 U.S.C. 641a.

Subparts 101-44.10--101-44.46  [Reserved]



                       Subpart 101-44.47--Reports



Sec. 101-44.4701  Reports.

    (a) [Reserved]
    (b) The Administrator of General Services will submit by October 21, 
1987, and annually thereafter, a report to the Congress that describes 
each program that is administered by the agency to assist homeless 
individuals and the number of homeless individuals served by each 
program; impediments, including any statutory and regulatory 
restrictions, to the use of these programs by homeless individuals; and 
efforts made by GSA to increase the opportunities for homeless 
individuals to obtain shelter, food, and supportive services.
    (c) [Reserved]
    (d) The Administrator of General Services will submit by April 30, 
1991, and biennially thereafter, a report in duplicate to the President 
of the U.S. Senate and to the Speaker of the U.S. House of 
Representatives that covers the initial period from November 5, 1988, 
and each succeeding biennial period and contains a full and independent 
evaluation of the operation of programs for the donation of Federal 
surplus personal property; statistical information on the amount of 
excess personal property transferred to Federal agencies and provided to 
grantees and non-Federal organizations and surplus personal property 
approved for donation to the State agencies for surplus property and 
donated to eligible non-Federal organizations during each succeeding 
biennial period; and such recommendations as the Administrator 
determines to be necessary or desirable. A copy of each report will be 
simultaneously furnished to the Comptroller General of the United 
States. The Comptroller General shall review and evaluate the report and 
make any comments and recommendations to the Congress thereon, as he 
deems necessary or desirable.
    (e) Each State agency shall submit a report in duplicate to the 
appropriate GSA regional office by the 25th day of the month following 
the quarter being reported, using GSA Form 3040, State Agency Monthly 
Donation Report of Surplus Personal Property. (The Office of Management 
and Budget Approval Number 3090-0112 has been assigned to this form.) 
Section 101-44.4902-3040 illustrates the GSA form and Sec. 101-44.4902-
3040-1 provides instructions for its use.
    (f) Each State agency shall make such additional reports to GSA as 
may be required by the Administrator to carry out his discretionary 
authority to transfer surplus personal property for donation and to 
report to the Congress on the status and progress of the donation 
program.

[42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16117, May 5, 1988; 53 
FR 47198, Nov. 22, 1988; 54 FR 38676, Sept. 20, 1989; 62 FR 34013, June 
24, 1997]

Subpart 101-44.48  [Reserved]

[[Page 431]]



                Subpart 101-44.49--Illustrations of Forms



Sec. 101-44.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in this part 101-44.



Sec. 101-44.4901  Standard forms.

    (a) Standard forms are illustrated in this section to show their 
text, format and arrangement and to provide a ready source of reference. 
The subsection numbers in this section correspond with the Standard form 
numbers.
    (b) The Standard forms illustrated in this Sec. 101-44.4901 may be 
obtained by Federal activities by submitting a requisition in FEDSTRIP/
MILSTRIP format to the GSA regional office providing support to the 
requesting activity. State agencies may obtain copies of these forms 
from the U.S. Government Printing Office, Superintendent of Documents, 
Washington, DC 20402.



Sec. 101-44.4901-123  Standard Form 123, Transfer Order Surplus Personal Property.



Sec. 101-44.4901-123-A  Standard Form 123-A, Transfer Order Surplus Personal Property (Continuation sheet).

    Note: The form illustrated in Sec. 101-44.4901-123-A is filed as 
part of the original document.



Sec. 101-44.4901-123-1  Instructions for preparing and processing Standard Form 123.

    (a) Preparing Standard Form 123--(1) General--(i) The Standard Form 
123 must include all information specified on the form. Particular care 
should be taken to ensure that the transfer order indicates the surplus 
release date (SRD), sometimes referred to as the automatic release date 
(ARD); identifies property as reportable or nonreportable; shows 
applicable GSA, Department of Defense (DOD), and holding activity 
control or report numbers; indicates the holding agency document or 
voucher number for nonreportable property; and contains authorized 
signatures in ink on the original (copies of transfer orders may have 
stamped signatures). All other entries must be typed or printed. All 
city and State addresses shown on the form should include the ZIP code. 
Transfer orders received without sufficient information will be returned 
to the applicant or held in suspense until the missing information is 
obtained from the appropriate source. SF 123-A (Continuation sheet) 
shall be used for listing any additional property.
    (ii) Reportable property, nonreportable property and property 
located at separate locations should not be requested on the same SF 
123.
    (iii) Recognized abbreviations for Federal agencies or donee 
organizations may be used in completing SF 123; e.g., GSA (General 
Services Administration); FAA (Federal Aviation Administration, 
Department of Transportation); SA (State agency); BSA (Boy Scouts of 
America); and DRMS (Defense Reutilization and Marketing Service).
    (2) Adjustments and disapprovals. Any adjustment or partial 
disapproval made for the property listed in block 12 shall be initialed 
by the representative and/or officer signing in block 13b, 13d, 14b, or 
14d. When a transfer order is disapproved in its entirety, the 
representative or officer who disapproves the action will return the SF 
123 to the applicant with an explanation of the disapproval. When a line 
item is disapproved, it will be crossed out, marked ``disapproved,'' and 
initialed by the representative or officer making the deletion.
    (3) Entries--(i) Order number(s) (block 1). Enter the State serial 
number and/or transfer order and control numbers assigned by DOD, FAA, 
or the donees. If the continuation sheet (SF 123-A) is used, it must 
contain the same transfer order number(s).
    (ii) Type of Order (block 2). Insert ``X'' in the appropriate square 
to identify the type of order.
    (iii) Surplus Release Date (block 3). Enter the surplus release 
date, sometimes called the automatic release date, as follows:
    (A) DOD Property Reported to DRMS Only. The correct date may be 
obtained from DRMS or the holding activity.
    (B) DOD Property Reported to GSA Through DRMS. The correct date may

[[Page 432]]

be obtained from DRMS, GSA, or the holding activity.
    (C) Executive Agency Property Reported Directly to GSA. The correct 
date may be obtained from GSA or the holding agency.
    (D) Property Not Reported to DRMS or GSA. The surplus release date 
is assigned by the holding agency (property disposal officer) and must 
be obtained therefrom. When nonreported property items with several 
surplus release dates are listed, each date should follow the respective 
line item and block 3 will not be completed.
    (iv) Set-Aside Date (block 4). Enter the date on which nonreported 
property was set aside at the holding agency by an authorized donee 
representative, pursuant to Sec. 101-44.109. The insertion of a set-
aside date will indicate to the GSA office that the property is 
available as surplus and that the holding agency has agreed to set the 
property aside pending receipt of donation approval.
    (v) Type of Property (block 5). Insert an ``X'' in the appropriate 
square to identify the property as reportable or nonreportable to GSA. 
An ``X'' shall not be inserted to identify the property as nonreportable 
when any property listed is either reportable to GSA or had previously 
been reported on SF 120, Report of Excess Personal Property, to GSA in 
accordance with Sec. 101-43.311. Reportable property never loses its 
identity.
    (vi) Total Acquisition Cost (block 6). Enter the sum of all the 
total costs shown under block 12(h) and on continuation sheets when 
appropriate.
    (vii) General Services Administration (block 7). Add the street 
address, city, State, and ZIP code of the appropriate GSA office.
    (viii) Location of Property (block 8). Insert the actual location of 
the property, including if available the warehouse or building number, 
street address, city, State, and ZIP code or other specific location of 
the property listed in block 12.
    (ix) Holding Agency (block 9). Enter the complete name and address 
of the holding agency, including ZIP code; i.e., the executive agency 
which has accountability and administrative control over the property. 
It may or may not be the same as the property location.
    (x) For GSA Use Only (block 10). The GSA regional office will enter 
the appropriate codes in order to satisfy automated control reporting 
requirements.
    (xi) Pickup or Shipping Instructions (block 11). Insert the name, 
address, including ZIP code, and telephone number of the State agency or 
donee representative to be notified of property availability when the 
property listed in block 12 is to be picked up. Enter shipping 
instructions when the property listed in block 12 is to be shipped. The 
applicant shall pay all transportation costs.
    (xii) Surplus Property List (blocks 12 (a), (b), (c), (d), (e), (f), 
(g), and (h))--(A) Line Item Number. Enter in block 12(a) the identical 
number assigned to the line item on the document from which the control 
numbers indicated in block 12(b) are selected.
    (B) Identification Numbers. Enter in block 12(b) pertinent 
identification numbers as follows:
    (1) GSA control number. Military property reported to GSA through 
DRMS and all civilian and military agency property reported directly to 
GSA is assigned a GSA control number. The GSA control number may be 
obtained from the appropriate GSA office. In all cases in which a GSA 
control number is assigned, it must be entered on the SF 123.
    (2) DOD excess report number. All excess property reported to DRMS 
is assigned a DOD excess report number. For such property subsequently 
reported to GSA, the DOD excess report number may be obtained from GSA 
or the DRMO/holding activity. The DOD excess report number for DOD 
property screened by DRMS but not reported to GSA for screening may be 
obtained from DRMS or the DRMO/holding activity. In all cases in which a 
DOD excess report number is assigned, it must be entered on the SF 123.
    (3) Holding agency control number. The holding agency assigns a 
control number for all reportable property. For nonreportable property, 
the holding agency assigns a document or voucher number. This control 
number can be made available by the holding agency,

[[Page 433]]

and in the case of reported property, by GSA or DRMS (for DOD property), 
as appropriate.
    (C) Description. Enter in block 12(c) the item description. Include 
national stock number and noun name, if available. Otherwise, furnish 
Federal supply class number and commercial description, when possible. 
This space on the form may also be used to insert additional data 
pertinent to the description of the property; e.g., serial numbers and 
packaging information.
    (D) Demilitarization Code. For munitions list items identified as 
requiring demilitarization, enter in block 12(d) the one-letter 
demilitarization code assigned to the property. This information is 
available from the document on which the property was originally listed.
    (E) Condition Code. Enter in block 12(e) the identical condition 
code indicated for the line item on the document from which each item of 
property listed in block 12(c) was selected. Condition codes are 
illustrated at Sec. 101-43.4901-120-1.
    (F) Quantity and Unit of Issue. Enter in block 12(f) the exact 
quantity and unit of issue (each, inches, feet, pounds, tons, dozen, 
gross, etc.) for each line item.
    (G) Unit Acquisition Cost. Enter in block 12(g) for each line item 
the acquisition cost of the unit of issue indicated in block 12(f). This 
information is available from the document on which the property was 
originally listed.
    (H) Total Acquisition Cost. Enter in block 12(h) for each line item 
the total acquisition cost of the quantity of unit of issue indicated in 
block 12(f). Care should be taken to ensure that the multiplication of 
the unit acquisition cost times quantity is correct.
    (xiii) Transferee Action (blocks 13 a, b, c, d, and e)--(A) State 
agency. Enter in block 13a the name and address, including ZIP code, of 
the State agency which is making the request for the property. The 
authorized official of the State agency shall sign and enter his or her 
title in block 13b, and show in block 13c the date of signature.
    (B) Service educational activity. Enter in block 13a the name and 
address of the school, club, or council specifically designated by the 
service educational activity (SEA). Include the ZIP code and the county 
in which the SEA is located. Enter in block 13b the title of the 
authorized donee representative (an officer of the school, club, or 
council authorized to request donable surplus property). The donee 
representative shall sign in block 13b and enter the date in block 13c. 
The head of the SEA (school or national headquarters) shall indicate 
approval by signing in block 13d and entering the date of signature in 
block 13e.
    (C) Public airport. Enter in block 13a the name and address of the 
public airport or the authorized State aeronautical agency which is 
requesting the property. Include the ZIP code and the county in which 
the public airport or State aeronautical agency is located. The 
authorized official of the public airport or State aeronautical agency 
or its designated representative shall sign and enter his or her title 
in block 13b, and show in block 13c the date of signature.
    (xiv) Administrative action--(A) Determining Officer (DOD or FAA) 
(blocks 14a, b, and c)--(1) Department of Defense. For donation of 
nonreportable surplus property to service educational activities, enter 
in block 14a the name and address, including ZIP code, of the property 
disposal officer (PDO) controlling the property. The PDO shall sign in 
block 14b and enter the date in block 14c. The PDO shall not 
authenticate SF 123 for donations for a State agency or a public 
airport.
    (2) Federal Aviation Administration. Enter in block 14a the name and 
title of the appropriate FAA official. The official shall sign in block 
14b and enter the date in block 14c.
    (B) GSA Approving Officer (blocks 14d, e, and f). Enter in block 14d 
the name and title of the GSA officer approving the order. The GSA 
officer will sign in block 14e and enter the date in block 14f.
    (b) Processing SF 123--(1) Public agencies and eligible nonprofit 
tax-exempt activities. (i) Upon a determination that surplus property is 
necessary and useful for public agencies and eligible nonprofit tax-
exempt activities, the State agency shall prepare and submit an original 
and five copies of SF 123 to the appropriate GSA office and shall send

[[Page 434]]

an information copy to the holding agency. The State agency official 
shall sign in block 13b. When the location of the property is different 
from that of the holding agency, an additional copy may be sent to the 
location for informational purposes. Block 11, ``Pickup or Shipping 
Instructions,'' shall be completed, as well as blocks 13b and c.
    (ii) At the time the property is determined surplus and approved for 
transfer by GSA, the GSA office will complete the SF 123 in blocks 14d, 
e, and f; retain one copy for the files; return two copies to the State 
agency; and send the original and one copy directly to the holding 
agency.
    (iii) The holding agency upon receipt of the SF 123 shall release 
the property for donation promptly in accordance with the pickup or 
shipping instructions.
    (2) Service educational activity--(i) DOD property reported to DRMS. 
(A) Transfer orders for property listed in DRMS excess listings shall be 
initiated by a school or the national headquarters of the SEA by 
transmitting an original and five copies of the SF 123 to its authorized 
donee representative. The SF 123 shall be completed except for block 13.
    (B) The authorized donee representative shall complete blocks 13a, 
b, and c and return the original and four copies to the national 
headquarters if applicable. The fifth copy shall be retained by the 
authorized donee representative.
    (C) The head of the SEA (school or national headquarters) shall 
indicate approval by signing block 13d of the SF 123 and entering the 
date in block 13e. That activity shall then forward the original and 
three copies of the SF 123 to DRMS, retaining the fourth copy for its 
files.
    (D) DRMS shall hold the SF 123 until it determines the property 
excess to the needs of DOD. When the property is determined excess, the 
SF 123 (the original and three copies), with a copy of the excess 
report, shall be sent to the appropriate GSA regional office.
    (E) At such time as the property is determined surplus and approved 
for transfer by GSA, the GSA office will complete blocks 14d, e, and f; 
retain one copy; send the original and one copy to the holding agency; 
and send an informational copy to the State agency for the State in 
which the SEA school, club, or council is located.
    (F) The property disposal officer, upon receipt of the approved SF 
123 from GSA, shall release the property to the authorized donee 
representative in accordance with the pickup or shipping instructions 
shown in block 11.
    (ii) DOD property reported directly to GSA. (A) Transfer orders 
shall be initiated by the authorized donee representative of the SEA by 
preparing an original and five copies of SF 123. The authorized donee 
representative shall complete blocks 13a, b, and c and send the original 
and four copies to the national headquarters if applicable. The fifth 
copy shall be retained by the authorized donee representative.
    (B) The head of the SEA (school or national headquarters) shall 
indicate approval by signing block 13d of the SF 123 and entering the 
date in block 13e. That activity shall then forward the original and 
three copies of the SF 123 to the GSA regional office for the region in 
which the property is located, retaining the fourth copy for its files.
    (C) At such time as the property is determined surplus and approved 
for transfer by GSA, the GSA office will complete blocks 14d, e, and f; 
retain one copy; send the original and one copy to the holding agency; 
and send an informational copy to the State agency for the State in 
which the SEA school, club, or council is located.
    (D) The property disposal officer, upon receipt of the approved SF 
123 from GSA, shall release the property to the authorized donee 
representative in accordance with the pickup or shipping instructions 
shown in block 11.
    (iii) DOD property not reported to either DRMS or GSA. (A) Transfer 
orders shall be initiated by the authorized donee representative of the 
SEA by preparing an original and six copies of SF 123. The authorized 
donee representative shall complete blocks 13a, b, and c. The original 
and five copies shall be sent to the property disposal officer, who 
shall complete blocks 14a, b, and c.
    (B) The property disposal officer shall retain one copy of the SF 
123 and return the original and four copies to the authorized donee 
representative.

[[Page 435]]

    (C) The authorized donee representative shall send the original and 
four copies of the SF 123 to the head of the SEA for approval if 
applicable. The head of the SEA shall indicate approval by signing block 
13d and entering the date in block 13e. That activity shall then forward 
the original and three copies of the SF 123 to the GSA regional office 
for the region in which the property is located, retaining the fourth 
copy for its files.
    (D) At such time as GSA approves the transfer, the GSA office will 
complete the SF 123 in blocks 14d, e, and f; retain one copy, send the 
original and one copy to the holding agency; and send an informational 
copy to the State agency for the State in which the SEA school, club, or 
council is located.
    (E) The property disposal officer, upon receipt of the approved SF 
123 from GSA, shall release the property to the authorized donee 
representative in accordance with the pickup or shipping instructions 
shown in block 11.
    (3) Public airport. (i) The applicant shall prepare and submit an 
original and four copies of SF 123 to the appropriate FAA official for 
surplus property required for public airport purposes. The applicant 
shall sign in block 13b. One copy of SF 123 shall be sent to the holding 
agency by the applicant.
    (ii) The appropriate FAA official shall indicate approval by 
completing blocks 14 a, b, and c; retain one copy; and send the original 
and three copies to the appropriate GSA office.
    (iii) At such time as the property is determined surplus and 
approved for transfer by GSA, the GSA office will complete the SF 123 in 
blocks 14 d, e, and f; forward the original to the holding agency; 
return two copies to the appropriate FAA official; and retain one copy 
for the files.
    (iv) The appropriate FAA official shall send one copy of the SF 123 
to the applicant and retain one copy for the files.
    (v) The holding agency, upon receipt of the approved SF 123, shall 
proceed to release the property for donation in accordance with the 
pickup or shipping instructions.
    (c) General information regarding SF 123. (1) SF 123 is printed in a 
10-part, snap-out set. Sets can be purchased by FAA and DOD for 
distribution to authorized donees or applicants by ordering direct from 
the General Services Administration (FCNI), Washington, DC 20406. SF 
123-A (Continuation sheet) can also be purchased from the same source. 
The continuation sheet is printed in a 10-part, snap-out set. State 
agencies may obtain copies of these forms from the U.S. Government 
Printing Office, Superintendent of Documents, Washington, DC 20402, or 
have them printed commercially. When printing these forms commercially, 
State agencies must ensure that the forms conform to the exact size, 
wording, arrangement, etc., of the approved Standard forms.
    (2) SF 123 and SF 123-A sets are color coded, having two each of 
five different colors in each set.
    (3) The SF 123 is designed for mailing in a 3\7/8\- by 8\7/8\-inch 
window envelope with a 1\1/8\- by 4-inch window positioned one-half inch 
from the bottom and three-fourths of an inch from the left side of the 
envelope. Slightly larger window envelopes may also be satisfactory, but 
the size and position of the window should not be altered. Copies should 
be folded along the horizontal line above block 11, and when inserted in 
a window envelope, the typed holding agency address will show through 
the window.

[53 FR 16117, May 5, 1988]



Sec. 101-44.4902  GSA forms.

    (a) GSA forms are illustrated in this section to show their text, 
format, and arrangement, and provide a ready source of reference. The 
subsection numbers in this section correspond with the GSA form numbers.
    (b) State agencies may obtain GSA Form 3040, State Agency Monthly 
donation Report of Surplus Personal Property, from the GSA regional 
office serving the geographical area in which the State agency is 
located.



Sec. 101-44.4902-3040  GSA Form 3040, State Agency Monthly Donation Report of Surplus Personal Property.

    Note: The form illustrated in Sec. 101-44.4902-3040 is file as part 
of the original document.

[[Page 436]]



Sec. 101-44.4902-3040-1  Instructions for preparing GSA Form 3040.

                                 General

    Each report shall be signed and dated by an approving official and 
submitted in duplicate to the appropriate GSA regional office by the 
25th day of the month following the quarter being reported.
    A. Beginning Inventory-- List the total original Government 
acquisition cost for all property on hand at the beginning of the report 
period.
    B. Property Received-- Original Government acquisition cost for:
    1. From Federal agencies--Property received and posted to inventory 
records during the report period from Federal agencies other than that 
received from sources identified under 2, 3, and 4, below.
    2. From other State agencies--Property received from other State 
agencies via an overage or SF 123 action and posted to inventory records 
during the report period.
    3. From Overseas--Property received through the overseas program and 
posted to inventory records during the report period.
    4. Other receipts--Property received from all other sources and 
posted to inventory records during the report period, including property 
released by Federal agencies without documents, property returned by 
donees, overages not previously posted, etc. Major receipts (over $500 
per line item) should be explained in detail under ``Remarks.''
    C. Property Donated-- Original acquisition cost of surplus property 
distributed to:
    1. Public agencies (as defined in Sec. 101-44.001-10)--The original 
Government acquisition costs for donation to public agencies during the 
report period shall be identified for purposes of:
    a. Conservation.
    b. Economic development.
    c. Education.
    d. Parks and recreation.
    e. Public health.
    f. Public safety.
    g. Two or more (when the donee indicates on the State agency 
distribution document that the property will be used equally for two or 
more public purposes).
    h. Other (when the property will be used for a public purpose other 
than a through f).
    2. Nonprofit institutions or organizations--As indicated in 
Sec. 101-44.207, donations to nonprofit institutions and organizations 
during the report period shall be identified by (a) educational and (b) 
public health purposes.
    D. Other Distribution-- Original Government acquisition cost for:
    1. Transfer to other State agencies--Total acquisition cost of all 
property transferred to other State agencies and dropped from inventory 
during the report period as a result of an overage or SF 123 action.
    2. Return to Federal agency--Total acquisition cost of all property 
returned to Federal agencies as approved by GSA and dropped from 
inventory during the report period with the exception of that property 
turned in for sale.
    3. Sold--Total acquisition cost of all property dropped from 
inventory as a result of sales during the report period whether sold by 
the State agency or GSA.
    4. Abandoned or destroyed--Total acquisition cost of all property 
dropped from inventory as a result of approved and documented 
abandonment or destruction actions during the report period.
    5. Other adjustments--Total acquisition cost of all property 
redonated after having been returned from a donee, lost, stolen, or 
destroyed; shortages and inventory adjustments not previously posted, 
etc., which were dropped from inventory during the report period and 
documented in accordance with published procedures.
    E. Ending inventory-- To be computed by adding A and B, then 
subtracting C and D (A+B-C-D=E). F and G are for informational purposes 
only and are not included in E since they are already represented in C 
and D.
    F. Method of Distribution-- Total acquisition cost of property 
distributed during the report period identified as (1) distribution from 
a State agency facility or (2) picked up or shipped direct from the 
holding agency to a donee. (The total should be the same as the total of 
C and D.)
    G. Distribution to Public Agencies-- Total Government acquisition 
cost of property donated within the State during the reporting period.
    1. Distribution to State public agencies such as State police 
departments, State hospitals, State parks, etc.
    2. Distribution to county and local public agencies, such as a 
county civil defense unit, municipal health unit, county roads 
commission, etc.
    (The total should be the same as the total of part 1 of C.)
    Remarks--Use this area to report on donations to programs that 
provide assistance to homeless individuals. Include the total amount of 
property donated, the number of providers that received property, and 
the number of individuals (estimated if not known) served by each 
provider. If no donations were made to providers during the report 
quarter, an indication to that effect should be made.

[53 FR 16119, May 5, 1988, as amended at 53 FR 47198, Nov. 22, 1988]

[[Page 437]]



PART 101-45--SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY--Table of Contents




Sec.
101-45.000  Scope of part.
101-45.001  Requests for deviations.

                        Subpart 101-45.1--General

101-45.101  Applicability.
101-45.102  Needs of Federal agencies par-amount.
101-45.103  Sales responsibilities.
101-45.103-1  Conduct of sales.
101-45.103-2  Holding agency sales.
101-45.103-3  Sales by GSA.
101-45.103-4  Sales conducted at holding agency facilities.
101-45.104  Care and handling pending disposal.
101-45.105  Exclusions and exemptions.
101-45.105-1  Materials required for the national stockpile or the 
          supplemental stockpile, or under the Defense Production Act.
101-45.105-2  Disposal of certain vessels.
101-45.105-3  Exemptions.
101-45.106  Property controlled by other law.
101-45.107  Holding agency compliance function.
101-45.107-1  Referral to other Government agencies.
101-45.107-2  Compliance reports.

Subpart 101-45.2  [Reserved]

               Subpart 101-45.3--Sale of Personal Property

101-45.300  Scope of subpart.
101-45.301  [Reserved]
101-45.302  Sale to Government employees.
101-45.303  Reporting property for sale.
101-45.303-1  Describing property.
101-45.303-2  Display and inspection.
101-45.303-3  Delivery.
101-45.304  Sales methods and procedures.
101-45.304-1  Competitive bid sales.
101-45.304-2  Negotiated sales and negotiated sales at fixed prices.
101-45.304-3  [Reserved]
101-45.304-4  Lotting.
101-45.304-5  Inspection by bidders.
101-45.304-6  Reviewing authority.
101-45.304-7  Advertising.
101-45.304-8  Forms prescribed.
101-45.304-9  Credit.
101-45.304-10  Deposits and final payments.
101-45.304-11  Deposit bonds.
101-45.304-12  Sales to State and local governments.
101-45.305  [Reserved]
101-45.306  Contractor inventory.
101-45.307  Proceeds from sales.
101-45.308  [Reserved]
101-45.309  Special classes of property.
101-45.309-1  Agricultural commodities.
101-45.309-2  Hazardous materials.
101-45.309-3  Demilitarization and decontamination.
101-45.309-4  [Reserved]
101-45.309-5  Garbage.
101-45.309-6--101-45.309-7  [Reserved]
101-45.309-8  Bedding and upholstered furniture.
101-45.309-9  Gold.
101-45.309-10  Safes and locking file cabinets.
101-45.309-11  [Reserved]
101-45.309-12  Vehicle reconditioning.
101-45.309-13  All terrain vehicles.
101-45.310  Antitrust laws.
101-45.311  Assistance in controlling unauthorized transport of 
          property.
101-45.312  [Reserved]
101-45.313  Procedures and forms concerning contingent or other fees for 
          soliciting or securing contracts.
101-45.313-1  Purpose.
101-45.313-2  Objectives and methods.
101-45.313-3  Representation and covenant.
101-45.313-4  General principles and standards applicable to the 
          covenant.
101-45.313-5  Standard Form 119, Contractor's Statement of Contingent or 
          Other Fees.
101-45.313-6  Use of Standard Form 119, Contractor's Statement of 
          Contingent or Other Fees.
101-45.313-7  Exceptions.
101-45.313-8  Enforcement.
101-45.313-9  Preservation of records.
101-45.314  Federal excise taxes.
101-45.315  Equal Opportunity clause in contracts.
101-45.316  [Reserved]
101-45.317  Noncollusive bids and proposals.
101-45.318  Identical bids.

                   Subpart 101-45.4--Contract Disputes

101-45.400  Scope of subpart.
101-45.401  The disputes clause.
101-45.402  Alternative disputes resolution.

Subpart 101-45.5  [Reserved]

    Subpart 101-45.6--Debarred, Suspended, and Ineligible Contractors

101-45.600  Scope of subpart.
101-45.601  Policy.
101-45.602  Listing debarred or suspended contractors.

                  Subpart 101-45.7--Submission of Bids

101-45.700  Scope of subpart.
101-45.701  Responsiveness of bids.
101-45.702  Time of bid submission.
101-45.703  Late bids.
101-45.703-1  General.
101-45.703-2  Consideration for award.

[[Page 438]]

101-45.703-3  Telegraphic bids.
101-45.703-4  Handcarried bids.
101-45.703-5  Disposition of late bids.
101-45.703-6  Records.
101-45.704  Modification or withdrawal of bids.
101-45.705  Late modifications and withdrawals.

                   Subpart 101-45.8--Mistakes in Bids

101-45.800  Scope of subpart.
101-45.801  General.
101-45.802  Apparent clerical mistakes.
101-45.803  Other mistakes disclosed before award.
101-45.804  Mistakes disclosed after award.
101-45.805  Mistakes disclosed after award in negotiated sales.

    Subpart 101-45.9--Abandonment or Destruction of Personal Property

101-45.900  Cross-reference to the Federal Management Regulation (FMR) 
          (41 CFR chapter 102, parts 102-1 through 102-220).

             Subpart 101-45.10--Recovery of Precious Metals

101-45.1000  Scope of subpart.
101-45.1001  General.
101-45.1002  Agency responsibilities.
101-45.1002-1  Precious metals recovery surveys.
101-45.1002-2  [Reserved]
101-45.1002-3  Precious metals recovery program monitor.
101-45.1002-4  Internal audits.
101-45.1003  Recovery of silver from precious metals bearing materials.
101-45.1003-1  Guidelines for the recovery of silver from used hypo 
          solution and scrap film.
101-45.1003-2  Recovery of silver from used hypo solution.
101-45.1003-3  Recovery of silver from scrap film.
101-45.1004  Recovery and use of precious metals through the DOD 
          Precious Metals Recovery Program.
101-45.1004-1  Civil agency participation in the DOD Precious Metals 
          Recovery Program.
101-45.1004-2  Use of DOD-recovered fine precious metals.

Subparts 101-45.11--101-45.46  [Reserved]

                       Subpart 101-45.47--Reports

101-45.4700  Scope of subpart.
101-45.4701  [Reserved]
101-45.4702  Negotiated sales reports.

                       Subpart 101-45.48--Exhibits

101-45.4800  Scope of subpart.
101-45.4801  Instructions for the preparation of advance notice to the 
          Department of Commerce.
101-45.4802  Sample format--irrevocable letter of credit.
101-45.4803  General instructions for preparation of irrevocable letter 
          of credit.
101-45.4804  Sample format--draft drawn against irrevocable letter of 
          credit.
101-45.4805  Sample format--transmittal letter to accompany letter of 
          credit.
101-45.4806  Outline for preparation of explanatory statement relative 
          to negotiated sales.
101-45.4807  [Reserved]
101-45.4808  State health agencies.

                Subpart 101-45.49--Illustrations of Forms

101-45.4900  Scope of subpart.
101-45.4901  Standard forms
101-45.4901-28  Standard Form 28, Affidavit of Individual Surety.
101-45.4901-97  Standard Form 97, The United States Government 
          Certificate to Obtain Title to a Vehicle.
101-45.4901-97-1  Instructions for use of Standard Form 97.
101-45.4901-114  Standard Form 114, Sale of Government Property--Bid and 
          Award.
101-45.4901-114A  Standard Form 114A, Sale of Government Property--Item 
          Bid Page--Sealed Bid.
101-45.4901-114B  Standard Form 114B, Sale of Government Property--Item 
          Bid Page--Sealed Bid.
101-45.4901-114C  Standard Form 114C, Sale of Government Property--
          General Sale Terms and Conditions.
101-45.4901-114C-1  Standard Form 114C-1, Sale of Government Property--
          Special Sealed Bid Conditions.
101-45.4901-114C-2  Standard Form 114C-2, Sale of Government Property--
          Special Sealed Bid--Term Conditions.
101-45.4901-114C-3  Standard Form 114C-3, Sale of Government Property--
          Special Spot Bid Conditions.
101-45.4901-114C-4  Standard Form 114C-4, Sale of Government Property--
          Special Auction Conditions.
101-45.4901-114D  Standard Form 114D, Sale of Government Property--
          Amendment of Invitation for Bids/Modification of Contract.
101-45.4901-114E  Standard Form 114E, Sale of Government Property--
          Negotiated Sales Contract.
101-45.4901-114F  Standard Form 114F, Sale of Government Property--Item 
          Bid Page--Spot Bid or Auction.
101-45.4901-126  Standard Form 126, Report of Personal Property for 
          Sale.

[[Page 439]]

101-45.4901-126A  Standard Form 126A, Report of Personal Property for 
          Sale (Continuation Sheet).
101-45.4901-150  Standard Form 150, Deposit Bond--Individual Invitation, 
          Sale of Government Personal Property.
101-45.4901-151  Standard Form 151, Deposit Bond--Annual, Sale of 
          Government Personal Property.
101-45.4902  GSA forms.
101-45.4902-27  GSA Form 27, Notice of Award (Sale of Government-Owned 
          Personal Property).
101-45.4902-27A  GSA Form 27A, Notice of Award--Continuation.
101-45.4903  Optional forms.
101-45.4903-15  Optional Form 15, poster, Sale of Government Property.
101-45.4903-16  Optional Form 16, Sales Slip, Sale of Government 
          Personal Property.
101-45.4903-20  Optional Form 20, Notice to Surety--Deposit Bond--Annual 
          Sale of Government Personal Property.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Secs. 101-
45.400 to 101-45.405 also issued under sec. 307, 49 Stat. 880; 40 U.S.C. 
304l.

    Source: 30 FR 2930, Mar. 6, 1965, unless otherwise noted.



Sec. 101-45.000  Scope of part.

    This part prescribes policies and methods governing the disposal by 
public sale, or abandonment or destruction of personal property 
(including salvage, scrap, and waste materials) owned by the Government 
except foreign excess property and the recovery of precious metals. 
Additional guidelines regarding the sale, abandonment, or destruction of 
hazardous materials are prescribed in part 101-42.

[57 FR 39137, Aug. 28, 1992]



Sec. 101-45.001  Requests for deviations.

    Deviations from the regulations in this part shall only be granted 
by the Administrator of General Services (or designee). Requests for 
deviations shall be made in writing to the General Services 
Administration (FB), Washington, DC 20406, with complete justification. 
A copy of the authorizing statement for each deviation, including the 
nature of the deviation, the reasons for such special action, and the 
Administrator's or designee's approval, will be available for public 
inspection in accordance with subpart 105-60.3.

[53 FR 16120, May 5, 1988. Redesignated at 59 FR 50696, Oct. 5, 1994]



                        Subpart 101-45.1--General



Sec. 101-45.101  Applicability.

    (a) This part 101-45 applies to all agencies in the executive, 
legislative, and judicial branches of the Government, except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his direction, to the extent provided in the Federal 
Property and Administrative Services Act of 1949, as amended 
(hereinafter generally referred to in this part 101-45 as ``the Act'').
    (b) The provisions of this part 101-45, relating specifically to 
sales of surplus personal property, do not apply to sales by the 
Secretary of Defense made pursuant to 10 U.S.C. 2576.

[34 FR 5172, Mar. 13, 1969]



Sec. 101-45.102  Needs of Federal agencies paramount.

    Any need for personal property expressed by any Federal agency shall 
be paramount to any disposal, if such need is made known to the holding 
or selling agency prior to actual removal of the property from 
Government control in the case of sale.

[53 FR 16121, May 5, 1988]



Sec. 101-45.103  Sales responsibilities.



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.

[59 FR 50696, Oct. 5, 1994]



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

[[Page 440]]

be issued to ensure compliance and uniformity and to protect the 
integrity of the sales process.

[59 FR 50697, Oct. 5, 1994]



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.

[59 FR 50697, Oct. 5, 1994]



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.

[59 FR 50697, Oct. 5, 1994]



Sec. 101-45.104  Care and handling pending disposal.

    Pending disposal, each holding agency shall be responsible for 
performing, and bear the cost of, care and handling of its property.

[[Page 441]]



Sec. 101-45.105  Exclusions and exemptions.



Sec. 101-45.105-1  Materials required for the national stockpile or the supplemental stockpile, or under the Defense Production Act.

    This part 101-45 does not apply to materials acquired for the 
national stockpile or the supplemental stockpile or to materials or 
equipment acquired under section 303 of the Defense Production Act of 
1950, as amended (50 U.S.C. App. 2093). However, to the extent deemed 
appropriate the provisions of this part 101-45 should be followed in the 
disposal of such materials.



Sec. 101-45.105-2  Disposal of certain vessels.

    The Secretary of Transportation has jurisdiction over the disposal 
of vessels of 1,500 gross tons or more which the Secretary determines to 
be merchant vessels or capable of conversion to merchant use.

[53 FR 16121, May 5, 1988]



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.

[59 FR 50697, Oct. 5, 1994]



Sec. 101-45.106  Property controlled by other law.

    No property shall be disposed of in violation of any other 
applicable law.



Sec. 101-45.107  Holding agency compliance function.

    Subject to the provisions of Sec. 101-45.107-1 requiring referral of 
criminal matters to the Department of Justice, each holding agency shall 
perform investigatory functions as are necessary to insure compliance 
with the provisions of the Federal Property Act and with the 
regulations, orders, directives, and policy statements of the 
Administrator of General Services. Nothing in this Sec. 101-45.107 
should be deemed to affect the jurisdiction of any agency over its own 
personnel or any existing arrangements with Department of Justice 
concerning the handling and prosecution of criminal matters.



Sec. 101-45.107-1  Referral to other Government agencies.

    All information indicating violations by any person of Federal 
criminal statutes, or violations of section 209 of the Federal Property 
Act, including, but not limited to, fraud against the Government, mail 
fraud, bribery, attempted bribery, or criminal collusion, shall be 
referred immediately to the Department of Justice, for further 
investigation and disposition. Each holding agency shall make available 
to the Department of Justice, or to such other governmental 
investigating agency to which the matter may be referred by the 
Department of Justice, all pertinent information and evidence concerning 
the indicated violations; shall desist from further investigation of the 
criminal aspects of such matters except upon the request of the 
Department of Justice; and shall cooperate fully with the agency 
assuming final jurisdiction in establishing proof of criminal 
violations. After making the necessary referral to the Department of 
Justice, inquiries conducted by the holding agency compliance 
organizations shall be limited to obtaining information for 
administrative purposes. Where irregularities reported or discovered 
involve wrongdoing on the part of individuals holding positions in 
Government agencies other than the agency initiating the investigation, 
the case shall be reported immediately to the Administrator of General 
Services for an examination in the premises.



Sec. 101-45.107-2  Compliance reports.

    A written report shall be prepared on all compliance investigations 
conducted by each agency compliance organization. Each holding agency 
shall maintain files of all such reports. Until otherwise directed by 
the Administrator of General Services, there shall be transmitted 
promptly to GSA one copy of any such report which contains information 
indicating criminality on the part of any person or indicating 
substantial noncompliance with the

[[Page 442]]

Act or with the regulations, orders, directives, and policy statements 
of the Administrator of General Services. In transmitting such reports 
to the Administrator of General Services, the agency shall set forth the 
action taken or contemplated by the agency to correct the improper 
conditions disclosed by the investigation. Where any matter is referred 
to the Department of Justice, a copy of the letter of referral shall be 
transmitted to GSA.

Subpart 101-45.2  [Reserved]



               Subpart 101-45.3--Sale of Personal Property



Sec. 101-45.300  Scope of subpart.

    This subpart prescribes the policies and methods governing the 
disposal of personal property by sale.



Sec. 101-45.301  [Reserved]



Sec. 101-45.302  Sale to Government employees.

    To the extent not prohibited by the regulations of an executive 
agency, an employee of such agency (either as a civilian or as a member 
of the Armed Forces of the United States, including the U.S. Coast 
Guard, on active duty) may be allowed to purchase Government personal 
property. The term employee as used in this section includes an agent or 
immediate member of the household of the employee.

[35 FR 14134, Sept. 5, 1970]



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:
    (a) Reportable property. Property required to be reported to the GSA 
regional offices for utilization screening as set forth in part 101-43, 
if not transferred or donated, will be programmed for sale by the GSA 
regional office.
    (b) Nonreportable property. Property not required to be reported for 
utilization screening and for which any required donation screening has 
been completed shall be reported to the appropriate GSA regional office 
on Standard Form 126, Report of Personal Property for Sale (illustrated 
in Sec. 101-45.4901-126). Standard Form 126A, Report of Personal 
Property for Sale--Continuation Sheet, shall be used if additional pages 
are required. Standard Forms 126 and 126A are stocked as five-part 
carbon interleaved forms and may be obtained by submitting a requisition 
in FEDSTRIP/MILSTRIP format to the GSA regional office providing support 
to the requesting activity.

[30 FR 2930, Mar. 6, 1965, as amended at 31 FR 5000, Mar. 26, 1966; 42 
FR 40852, Aug. 12, 1977; 59 FR 50697, Oct. 5, 1994]



Sec. 101-45.303-1  Describing property.

    In the interest of good business practice, property reported for 
sale shall be described in commercial terminology and as fully and 
accurately as possible, including its condition.



Sec. 101-45.303-2  Display and inspection.

    Holding agencies shall assist prospective bidders to the maximum 
extent possible during the inspection period prescribed in the sales 
offering. However, no information shall be provided to a prospective 
bidder which is not available to all bidders.



Sec. 101-45.303-3  Delivery.

    (a) After full payment has been received from a buyer, the GSA 
regional office will notify the holding activity by copy of the GSA Form 
27A, Purchaser's Receipt and Authority to Release Property, that 
property may be released to the purchaser. (See Secs. 101-45.4902-27A 
(over-the-counter and self-mailer)). Upon completion of a sale, the 
servicing GSA finance office will simultaneously forward to the holding 
activity additional copies of the GSA Form 27A and completed copies of 
Standard Form 1081, Voucher and Schedule of Withdrawals and Credits, for 
use as internal accounting documents.
    (b) If a purchaser fails to remove property within the period 
specified, the GSA regional office shall be advised of this fact, in 
writing, immediately in order that appropriate action may be taken.

[[Page 443]]

    (c) The Standard Form (SF) 97, the United States Government 
Certificate to Obtain Title to a Vehicle, is a four-part form issued on 
continuous feed paper. The original certificate is produced on secure 
paper to readily identify any attempt to alter the form. The SF 97 shall 
be signed in accordance with requirements established by the head of the 
agency selling the vehicle. The SF 97 is an accountable form and is 
serially numbered during the printing process. Each agency shall have an 
accountable officer who will be responsible for the requisition, 
storage, and issuance of the SF 97. Certificates showing erasures or 
strikeovers will be considered invalid. Proper precautions shall be 
exercised by all agency accountable officers to prevent blank copies of 
the SF 97 from being obtained by unauthorized persons.
    (d) Delivery of motor vehicles to purchasers shall be evidenced by 
submission to the purchaser of a completed original of the SF 97. Two 
copies of the SF 97 shall be furnished to the owning agency (one copy 
for the reporting office and one copy for the custodian) and the other 
copy shall be furnished the contracting officer of the agency effecting 
the sale or transfer of the motor vehicle. The SF 97 is illustrated at 
Sec. 101-45.4901-97. Other certificates of release or bills of sale 
shall not be used in lieu of the SF 97. Instructions for the use of the 
SF 97 are in Sec. 101-45.4901-97-1.

[53 FR 16121, May 5, 1988, as amended at 57 FR 32446, July 22, 1992]



Sec. 101-45.304  Sales methods and procedures.



Sec. 101-45.304-1  Competitive bid sales.

    Except as provided in Sec. 101-45.304-2, property shall be sold by 
competitive bid sale after advertising, in accordance with this 
Sec. 101-45.304-1. Competitive bid sales include the following:
    (a) Sealed bid sales. In sealed bid sales, bidders shall be required 
to submit, to the office designated for receipt and opening of bids, 
sealed written bids on authorized bid forms for public opening at a time 
and place designated.
    (b) Spot bid sales. In spot bid sales, bidders shall be furnished 
with bid forms in advance of the bidding, a bid form to be used for each 
lot or unit to be separately sold. Requests for bids on items offered 
for sale shall be made by the official in charge. In requesting bids, 
the official in charge shall announce the item, its identification 
number, and a brief description of the item or lot. The right to reject 
all such bids for a lot or item shall be reserved in the terms of sale; 
and when the Invitation for Bids so specifies, lots or items for which 
all bids have been rejected may be reoffered at the same sale in order 
to secure an acceptable bid price. After examining all bids, award shall 
be made or bids rejected immediately following the offering of the item 
or lot. The bids at spot bid sales shall not be disclosed prior to the 
announcement of award for any item or lot. Where mailed written or drop 
bids are permitted, they shall not be disclosed to the public prior to 
the announcement of award. Bidders may be required to register in 
advance of the sale. Any special condition of sale shall be set out in 
the Invitation for Bids in order to assure that all bidders are afforded 
an opportunity to compete on the same terms and conditions.
    (c) Auction sales. When the terms and conditions of sale have been 
published and distributed to participating buyers, any special or 
unusual conditions of sale shall be announced by the person conducting 
the auction, immediately prior to commencement of the sale. Offerings 
must reserve in the Government, the right to accept or reject any or all 
bids. Lots for which all offers have been rejected may be reoffered 
later at the same sale to secure acceptable bids, when the published 
terms and conditions so provide.



Sec. 101-45.304-2  Negotiated sales and negotiated sales at fixed prices.

    (a) Circumstances permitting negotiated sales. While it is the 
policy to sell property after publicly advertising for bids, property 
also may be sold by negotiation, subject to obtaining such competition 
as is feasible under the circumstances, where:
    (1) It is determined by the agency that the sale involves property:
    (i) That has an estimated fair market value not in excess of 
$15,000;

[[Page 444]]

    (ii) Where public exigency will not admit of the delay incident to 
advertising;
    (iii) Where bid prices after advertising therefor are not reasonable 
(either as to all or some part of the property), or bid prices have not 
been independently arrived at in open competition, and it is determined 
that readvertising will serve no useful purpose: Provided, That all 
responsible bidders who responded to the previous advertising shall be 
afforded an opportunity to submit offers for the property; or
    (iv) That the disposal will be to a State, territory, possession, 
political subdivision thereof, or tax-supported agency therein, and that 
the estimated fair market value of the property and other satisfactory 
terms of disposal are obtained by negotiation. (See Sec. 101-45.304-12.)
    (2) Full and adequate justification therefor has been submitted to 
the head of the selling agency or his designee for prior approval, and 
he has determined:
    (i) That the public health, safety, or national security will 
thereby be promoted; or
    (ii) That it is necessary in the public interest during the period 
of a national emergency declared by the President or the Congress. The 
authority of this subdivision shall be used only with respect to a 
particular lot or lots of personal property identified by the 
Administrator of General Services or a specifically described category 
or categories of property determined by the Administrator of General 
Services during any period fixed by the Administrator of General 
Services, but not in excess of three months. Declaration of a national 
emergency alone is not justification for use of this authority; there 
must be other reasons making use of negotiation necessary in the public 
interest.
    (3) Full and adequate justification therefor has been submitted to 
the Administrator of General Services for his prior approval, and he has 
determined that the property involved is of a nature and quantity which, 
if disposed of by advertising would cause such an impact on an industry 
or industries as to adversely affect the national economy: Provided, 
That the estimated fair market value of such property and other 
satisfactory terms of disposal can be obtained by negotiation.
    (4) Negotiation is otherwise authorized by the Act or other law.
    (b) Negotiated sales at fixed prices. (1) Property may be sold at 
fixed prices, either directly or through the use of disposal 
contractors, only with prior approval by the Administrator of General 
Services (or designee) of the property categories to be sold.
    (2) In accordance with Sec. 101-45.304-12, prior to offering 
property to the public, it may be offered at fixed prices, through State 
agencies for surplus property, to State and local governments (States, 
territories, possessions, political subdivisions thereof, or tax-
supported agencies therein) which have expressed an interest in the 
property.
    (c) Explanatory statements. Subject to the exceptions stated in 
Sec. 101-45.304-2(c)(2), the selling agency shall prepare an explanatory 
statement as required by section 203(e)(6) of the Act of the 
circumstances of each proposed disposal by negotiation.
    (1) Ten copies of each explanatory statement, mechanically 
reproduced, shall be submitted to the Administrator of General Services 
for review and transmittal by the Administrator to the appropriate 
committees of the Senate and House of Representatives and a copy thereof 
shall be preserved in the files of the selling agency. Such statements 
shall be submitted as early as practicable in advance of each proposal. 
Copies of the Administrator's transmittal letters to the committees will 
be furnished to the selling agency. In the absence of any action by a 
committee on the proposed negotiated disposal, the selling agency may 
consummate the sale on or after 35 days from the date of the 
Administrator's letters transmitting the explanatory statement to the 
committees.
    (2) The explanatory statement need not be:
    (i) Transmitted for a disposal of personal property at fixed prices 
when previously authorized pursuant to Sec. 101-45.304-2(b);
    (ii) Transmitted for a disposal of personal property authorized to 
be made without advertising by any provision of

[[Page 445]]

law other than section 203(e) of the Act; or
    (iii) Prepared for a disposal of personal property having a fair 
market value of $15,000 or less.
    (3) An outline for the preparation of the explanatory statement is 
shown in Sec. 101-45.4806.

[30 FR 2930, Mar. 6, 1965, as amended at 31 FR 5001, Mar. 26, 1966; 34 
FR 7329, May 6, 1969; 42 FR 40853, Aug. 12, 1977; 54 FR 38676, Sept. 20, 
1989; 55 FR 17609, Apr. 26, 1990]



Sec. 101-45.304-3  [Reserved]



Sec. 101-45.304-4  Lotting.

    To the extent practicable, and consistent with the types of property 
and usual commercial practice, property offered for sale shall be 
assembled in reasonably sized lots of like or similar items by make or 
manufacturer. Unused property shall be lotted separately from used 
items. Scrap and other property having scrap value only shall be lotted 
in accordance with established trade practice and shall generally not be 
included in the same sale with usable items. Determination of the size 
of lots shall take into consideration the buying capacities of 
prospective buyers and the requirement that adequate competition be 
obtained. Large quantities of identical items shall be lotted in such a 
way as to encourage bidding by small businesses and individuals.



Sec. 101-45.304-5  Inspection by bidders.

    Sufficient time prior to the date for submission of bids shall be 
allowed to permit inspection by potential bidders. Such time should be a 
minimum of 7 or a maximum of 21 calendar days, depending upon the 
circumstances of the sale, the method of the sale, or the volume of 
property offered for sale. Whenever the inspection period is proposed to 
be less than 7 days, invitations for bids, flyers, or other 
announcements shall be distributed to prospective bidders sufficiently 
in advance of the inspection period.

[31 FR 5001, Mar. 26, 1966]



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.

[59 FR 50697, Oct. 5, 1994]



Sec. 101-45.304-7  Advertising.

    Adequate public notice shall be given to each offering for sale of 
property to be disposed of after advertising. Except where the nature or 
condition of the property does not permit, advertising shall be made in 
sufficient time previous to sale to permit full and free competition. 
The extent of solicitation shall have due regard to the quantity and 
type of property to be sold, the logical market of disposal, the type of 
sale contemplated, and the public interest.
    (a) Advertising media by type of sales--(1) Sealed bid sales. In the 
case of sealed bid sales, advertising shall be by the distribution of 
written invitations for bids including public posting thereof and may be 
supplemented by newspaper or trade journal advertising (ordered in 
accordance with existing law) where advisable.
    (2) Spot bid sales. Advertising in the case of spot bid sales shall 
be by written invitation for bids or other appropriate notices, 
including public posting thereof. Notice of such sales may also be given 
by appropriate newspaper or trade journal advertising (ordered in 
accordance with existing law) where advisable.
    (3) Auction sales. In the case of auction sales, newspaper or trade 
journal advertising ordinarily should be employed (ordered in accordance 
with existing law) in addition to other written notice deemed 
appropriate.

[[Page 446]]

    (b) Advance sale notices to Department of Commerce. In order that 
the Department of Commerce may publish regularly synopsis of principal 
proposed sales of Government personal property, the sales office shall, 
when the acquisition cost of the property to be sold at one time at one 
place is $250,000 or more, forward a notice of each proposed sale to the 
U.S. Department of Commerce, room 1300, 433 West Van Buren Street, 
Chicago, IL 60607. Where the acquisition cost is less than this amount, 
the notice may be transmitted when considered desirable. The notice 
shall be sent as early as possible in advance of the sale but at least 
20 days prior to the date when the bids will be opened, or, in the case 
of spot bid or auction sale, when the sale will be conducted. The notice 
shall be transmitted by fastest mail available and shall be in synopsis 
form suitable for printing directly from the text as transmitted without 
editing or condensing. Instructions for the preparation of advance sale 
notices, including form and content thereof are set forth in Sec. 101-
45.4910. The failure to comply with the advance notice of sale 
requirements of this Sec. 101-45.304-7(b) shall not, in and of itself, 
affect the validity of a sales award which is otherwise valid.
    (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.

[30 FR 2930, Mar. 6, 1965, as amended at 42 FR 40853, Aug. 12, 1977; 52 
FR 23831, June 25, 1987; 59 FR 50697, Oct. 5, 1994]



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).
    (b) Cover sheet. The development and use of a cover sheet will be at 
the option of the selling agencies, However, if a cover sheet is used, 
it should be developed so as to be uniform for and identified primarily 
with the selling agency and secondarily with the selling activities of 
such agency. The cover sheet should contain only the ``what-where-when'' 
types of information, such as the method of sale (i.e., sealed bid, spot 
bid, auction); sale (invitation for bids) number: general category(ies) 
of property being offered; identification of the selling activity; 
inspection period; and the bid opening time and date of the sale. 
Nothing of a binding nature either on the part of the bidder or the 
Government shall be included on this cover sheet.
    (c) Description of standard forms--(1) Standard Form 114, Sale of 
Government Property--Bid and Award. (i) Standard Form 114, has spaces to 
be completed by the issuing sales activity and the bidder. Some of the 
information furnished by the issuing sales activity is as follows: 
Invitation for bids number; name and address of issuing sales activity; 
person to contact for sales information; address to which bids should be 
mailed; place, date, and time of bid opening; whether or not bid deposit 
is required; and the number of days for payment to be made and property 
to be removed. In addition, the form provides that the Standard Form 
114C, General Sale Terms and Conditions, and the standard form of 
special conditions applicable to the method of sale being employed are 
made a part of the invitation for bids by reference. The block 
indicating the standard form

[[Page 447]]

of special conditions for the appropriate method of sale must be checked 
by the issuing sales agency. If special terms and conditions in addition 
to those contained in the prescribed standard forms are to be made a 
part of the invitation by reference, such additional terms and 
conditions should be identified by a form number and so indicated in the 
appropriate place on Standard Form 114. Special terms and conditions 
that are not identified by a form number must be included in the 
invitation and not made a part thereof by reference. Standard Form 114C 
and the applicable standard form of special conditions may be attached 
to the invitation for bids at the option of the executive agency. 
Information to be furnished by the bidder is as follows: Number of days 
but not less than 10, for Government's acceptance of the bid, if 
desired; total amount of bids; amount and form of bid deposit, when 
required; whether or not property was inspected; small business 
representation; and contingent fee representation. Standard Form 114 
shall be made a part of sealed bid sales and may be used in auction and 
spot bid sales.
    (ii) The time set for bid opening or commencement of a sale shall be 
the local time at the place of bid opening or sale and shall be 
indicated in the appropriate block on Standard Form 114. The opening 
time shall include the phrase ``local time at the place of bid opening'' 
in lieu of references to ``daylight time'' or ``daylight saving time'' 
and abbreviations such as ``EDT'' or ``PDT.'' Where the block on 
Standard Form 114 does not readily permit the inclusion of the phrase 
``local time at the place of bid opening,'' an asterisk shall be used to 
call attention to an explanatory phrase which shall be stated elsewhere 
in the invitation for bids. The time set for commencement of spot bid 
and auction sales shall also be the local time at the place of sale and 
shall be indicated in an appropriate place in invitations for bids and 
sales offerings.
    (2) Standard Form 114A, Sale of Government Property--Item Bid Page--
Sealed Bid. Standard Form 114A requires entries to be made by the bidder 
prior to submission of bid. It provides for the bidder to enter the item 
number of the property on which he is bidding, his offered unit price 
bid per item, and his total price bid per item. Except as provided in 
paragraph (3) of this paragraph (c), Standard Form 114A shall be made a 
part of sealed bid sales.
    (3) Standard Form 114B, Sale of Government Property--Item Bid Page--
Sealed Bid. Standard Form 114B may be used in lieu of Standard form 114A 
only when:
    (i) The number of items of property being sold can be described 
sufficiently on one page;
    (ii) Property is offered on an ``as generated'' basis (term-type 
sale);
    (iii) Bidding on an increment basis is permitted by the terms and 
conditions of the sale; or
    (iv) The use of Standard Form 114A might not be appropriate, in 
which case a short, accurate, and to the extent feasible, commercially 
clear description shall be prepared for each item offered for sale.
    (4) Standard Form 114C, Sale of Government Property--General Sale 
Terms and Conditions. Standard Form 114C, is applicable to all sales of 
personal property (including sales by negotiation) and shall be made a 
part of all sales invitations, either by reference or by attachment 
thereto or both.
    (5) Standard Form 114C-1, Sale of Government Property--Special 
Sealed Bid Conditions. Standard Form 114C-1, is in addition to the 
Standard Form 114C and is applicable only to sealed bid sales (other 
than term-type sales) and shall be made a part of all such sales 
invitations, either by reference or by attachment thereto or both.
    (6) Standard Form 114C-2, Sale of Government Property--Special 
Sealed Bid-Term Conditions. Standard Form 114C-2, is applicable only to 
sealed bid term-type sales and is in addition to the Standard Form 114C. 
The form shall be made a part of all such sales invitations, either by 
reference or by attachment thereto, or both.
    (7) Standard Form 114C-3, Sale of Government Property--Special Spot 
Bid Conditions. Standard Form 114C-3, is applicable only to spot bid 
sales and is in addition to the Standard Form 114C. The form shall be 
made a part of all sales announcements, bidders registers,

[[Page 448]]

and bid cards, either by reference or by attachment thereto or both.
    (8) Standard Form 114C-4, Sale of Government Property--Special 
Auction Conditions. Standard Form 114C-4, is applicable only to auction 
sales and is in addition to the Standard Form 114C. The form shall be 
made a part of all sales announcements and bidders registers, either by 
reference or by attachment thereto or both.
    (d) Other special conditions. (1) Other special terms and conditions 
considered by a selling agency to be necessary for the particular 
property offered for sale and not inconsistent with those contained in 
the forms prescribed in this Sec. 101-45.304-8 may be incorporated in 
invitations for bids in which these forms are used. These additional 
terms and conditions should be kept to a minimum. To the extent 
practicable, incorporation of these special conditions should be 
accomplished by a special form developed by the selling agency for that 
purpose and so indicated on Standard Form 114, Sale of Government 
Property--Bid and Award. Each selling agency shall review periodically 
these terms and conditions that are commonly used in its agency to 
standardize those in general use and eliminate unnecessary additions. 
The agency shall periodically forward to the Commissioner, Federal 
Property Resources Service (General Services Administration (D), 
Washington, DC 20406), the additional terms and conditions desirable for 
inclusion in the Standard Forms.
    (2) Standard Form 114, Sale of Government Property--Bid and Award, 
incorporates by reference Standard Form 114C and Standard Forms 114C-1 
and 114C-2, as appropriate. Therefore, it is not necessary to attach 
such forms each time invitations for bids are issued, but an agency may 
elect to do so. It is essential, however, that any terms and conditions 
incorporated in an invitation by reference be furnished to any 
prospective bidder promptly on request.
    (e) Standard Form 114D, Sale of Government Property--Amendment of 
Invitation for Bids/Modification of Contract. Standard Form 114D, is 
applicable to all sales of personal property and shall be used as 
required.
    (1) Amendment. (i) If after issuance of an invitation for bids, but 
before the time set for opening of bids or the start of a sale, it 
becomes necessary to make changes to the invitation, the changes shall 
be accomplished by the issuance of an amendment to the invitation for 
bids on Standard Form 114D. The amendment shall be sent to each firm or 
individual to whom the invitation for bids has been furnished and shall 
be displayed in the bid room. In the event an amendment must be issued 
to either an auction or spot bid invitation for bids in which mailed-in 
bids are not authorized and where time does not permit distribution by 
mail, such amendment may be issued at the time of bidder registration.
    (ii) When an invitation is canceled, bids which have been received 
shall be returned unopened to the bidders and a notice of cancellation 
sent to all prospective bidders to whom invitations for bids were issued 
identifying the invitation and briefly explaining the reason for the 
cancellation.
    (2) Supplemental agreement. A supplemental agreement is required for 
a contract modification which, in accordance with the contractual 
provisions, cannot be accomplished by unilateral action of the 
Government. Such supplemental agreement must be mutually agreed to by 
both parties and be distributed in the same manner as the original 
contract. Modifications to contracts require careful consideration 
before issuance and the sales contracting officer should be absolutely 
certain that the information contained in the supplemental agreement is 
accurate. In addition, the sales contracting officer must satisfy 
himself that the contract modification is authorized and that as a 
result of the contract modification, the purchaser will enjoy no 
advantage or gain which is uncompensated, or which would not reasonably 
flow from the terms and conditions of the invitation for bids or the 
solicitation of offers out of which the original contract arose.
    (f) Standard Form 114E, Sale of Government Property--Negotiated 
Sales Contract. Standard Form 114E, is applicable only to negotiated 
sales and is used to confirm quotations received from

[[Page 449]]

offerors contracted by the selling activity and constitutes the sales 
contract upon execution by the purchaser and by the Government. Standard 
Form 114E shall have attached thereto or made a part thereof by 
reference, Standard Form 114C, General Sale Terms and Conditions, and 
those additional special terms and conditions applicable only to the 
specific negotiation concerned.
    (g) Standard Form 114F, Sale of Government Property--Item Bid Page--
Spot Bid or Auction. Standard Form 114F, is used only when mailed-in 
bids are authorized in connection with a spot bid or auction sale.
    (h) Description of property for sale. The invitation for bids shall 
include a listing of the property being offered for sale and each unit 
or line item shall be assigned a specific item number. The property 
should be adequately described including all factual information 
necessary to convey to prospective bidders an accurate, concise, and 
clear understanding of the property being offered. To the extent 
applicable, the following guideline information should be included as a 
part of the description:
    (1) Noun name and other descriptive information expressed in 
understandable commercial terms.
    (2) Part numbers and pertinent specifications as to sizes, type, 
etc.
    (3) Manufacturers' name or trade name and year of manufacture.
    (4) Estimated total weight or cube.
    (5) Condition of property limited generally to statements of fact 
such as ``unused'' or ``used.'' To these general statements there may be 
added, when known and applicable, information such as ``parts missing,'' 
``wrecked,'' ``major components removed,'' etc.
    (6) Quantity stated in the same unit of measure as that for which 
bids are solicited (each, pound, ton, per lot, etc.), such units to 
conform with established trade practices in the industry or commodity 
area in which the property falls.
    (7) Original acquisition cost, if known, or estimated cost (and so 
indicated) may be included.
    (8) Location of the property; dates and time available for 
inspection; and name, title, and telephone number of custodian.
    (i) Removal of property. A reasonable period of time shall be 
afforded successful purchasers to effect complete removal of the 
property and must be set forth in the invitation for bids.

[35 FR 12119, July 29, 1970, as amended at 42 FR 40853, Aug. 12, 1977; 
46 FR 39592, Aug. 4, 1981; 59 FR 50697, Oct. 5, 1994]



Sec. 101-45.304-9  Credit.

    Except as authorized in Sec. 101-45.304-12, personal property shall 
not be offered for sale or sold on credit without the prior approval of 
the Administrator of General Services or his designee. When approved, 
the terms and conditions of sale shall specifically provide therefor.



Sec. 101-45.304-10  Deposits and final payments.

    (a) Whenever a bid deposit is required by the terms and conditions 
of the invitation for bids, the normal deposit for individual type sales 
shall be 20 percent of the total amount of the bid. For sales of 
property on an ``as generated'' basis during a stated period of time 
(referred to as term contracts), the normal deposit shall not be less 
than an amount which will adequately protect the Government's interest, 
normally 20 percent of the estimated contract price. However, the bid 
deposit for a term contract in excess of 1 year's duration shall not 
exceed 20 percent of the total price estimated for 1 year's removal of 
property.
    (b) Whenever a bid deposit is required by the terms and conditions 
of the invitation for bids, such deposit shall be in U.S. currency or 
any form of credit instrument other than a promissory note, made payable 
on demand in U.S. currency, except as provided for in condition number 4 
of Standard Form 114C, General Sales Terms and Conditions. Postdated 
credit instruments are not acceptable. Deposit bonds submitted on 
Standard Forms 150 and 151 (illustrated in Secs. 101-45.4901-50 and 101-
45.4901-151) may also be accepted when provided for in the invitation 
for bids.
    (c) Irrevocable commercial letters of credit issued by a bank 
established in the United States, payable to the Treasurer of the United 
States or to the Government agency conducting the

[[Page 450]]

sale, may be used in lieu of the foregoing forms of deposit. Such 
letters shall be substantially in the format shown in Sec. 101-45.4802. 
General instructions relating to the preparation of letters of credit 
are also contained in Sec. 101-45.4803.
    (d) Any draft drawn against such letter of credit shall be 
substantially in the format shown in Sec. 101-45.4804. The draft shall 
be accompanied by a transmittal letter and certification substantially 
in the format shown in Sec. 101-45.4805.
    (e) Final payments shall be acceptable in the same forms as for bid 
deposits, with the exception of deposit bonds.
    (f) Potential buyers shall be notified as to the exact 
organizational entity to the order of which the prescribed form of 
deposit is to be made payable. In no event shall a bid be rejected 
solely on the grounds that the instrument of deposit is made payable to 
the Treasurer of the United States when the offering specifies that it 
be made payable to the Government agency conducting the sale, or 
conversely, as the case may be.

[30 FR 2930, Mar. 6, 1965, as amended at 35 FR 12121, July 29, 1970; 42 
FR 40854, Aug. 12, 1977]



Sec. 101-45.304-11  Deposit bonds.

    (a) Standard forms. The following standard forms, as applicable, 
shall be used when a bond, in lieu of cash or other acceptable form of 
bid deposit, is permitted by the sales invitation.
    (1) Standard Form 150, Deposit Bond--Individual Invitation, Sale of 
Government Personal Property. (See Sec. 101-45.4901-150.)
    (2) Standard Form 151, Deposit Bond--Annual, Sale of Government 
Personal Property. (See Sec. 101-45.4901-151.)
    (3) Standard Form 28, Affidavit of Individual Surety. (See Sec. 101-
45.4901-28.)
    (b) Instructions and procedures. (1) Comprehensive instructions for 
the execution and use of Standard Form 150, Deposit Bond--Individual 
Invitation; Standard Form 151, Deposit Bond--Annual; and Standard Form 
28, Affidavit of Individual Surety, are provided on the reverse of each 
form. Implementing instructions shall be consistent therewith.
    (2) Standard Form 151, Deposit Bond--Annual, contains the following 
provision:

    Upon the making of an award to the principal, or within a reasonable 
period of time thereafter, the Government shall transmit, in writing, 
the following information to the surety at the above address:
    (i) Name and address of the principal(s); (ii) number of the 
invitation for bids; (iii) name and address of the department or agency 
making the award; (iv) date of the award; and (v) total purchase price 
covered by the award. The phrase, ``or within a reasonable period of 
time thereafter'', shall, for practicable purposes, be construed to mean 
within 15 days following the making of the award. Optional Form 20, 
Notice to Surety--Deposit Bond--Annual (illustrated at Sec. 101-45.4903-
20) is a form of written notice available for this purpose.

    (3) In the event a bidder whose bid deposit is secured by a deposit 
bond attempts to withdraw his bid in violation of paragraph 3, General 
Sale Terms and Conditions, Standard Form 114C, and such bid is 
determined to be the high bid acceptable to the Government, a formal 
notice of award shall be issued to inform the bidder of his contractual 
obligations.
    (4) In the event of default by a bidder whose bid deposit has been 
secured by a deposit bond, a notice of such default should be sent to 
the bidder (principal) and the surety.

[30 FR 2930, Mar. 6, 1965, as amended at 42 FR 40854, Aug. 12, 1977]



Sec. 101-45.304-12  Sales to State and local governments.

    (a) General. (1) State and local governments may purchase Government 
personal property by:
    (i) Negotiation through their State agencies for surplus property as 
prescribed in this Sec. 101-45.304-12;
    (ii) Negotiation at fixed prices through their State agencies for 
surplus property as prescribed in this Sec. 101-45.304-12;
    (iii) Participation in public sales of Government personal property 
on a competitive bid basis by having their names maintained on 
appropriate mailing lists.
    (2) No fees or monies will be paid by the Government to State 
agencies for surplus property for handling these transactions. The State 
agencies for

[[Page 451]]

surplus property may impose a fee on purchasers for costs incurred.
    (3) When sales are made to State and local governments, the 
requirements for bid deposits and payments for property prior to removal 
shall be waived. However, payment must be made within 30 calendar days 
after purchase. If payment is not made within this timeframe, simple 
interest may be charged at the rate which has been established by the 
Secretary of the Treasury as provided in section 12 of the Contract 
Disputes Act of 1978 (Pub. L. 95-563), from the date of first written 
demand until paid.
    (b) Definitions. The following terms shall have the meanings set 
forth in this Sec. 101-45.304-12:
    (1) Estimated fair market value. The selling agency's best estimate 
of what the property would be sold for if offered for public sale.
    (2) State agency. State agency means the agency in each State 
designated under State law as responsible for the distribution within 
the State of all donations of surplus property to public agencies and 
eligible nonprofit tax-exempt activities. This agency will also be 
responsible for administering the program in their State whereby 
eligible activities may purchase Government personal property by 
negotiation or negotiation at fixed prices.
    (3) State and local government. A State, territory, possession, 
political subdivision thereof, or tax-supported agency therein.
    (4) Want lists. Lists of items, submitted by State agencies to 
selling agencies, of personal property State and local governments 
desire to purchase by negotiation or fixed prices.
    (c) Submission of State agency requests for property. State agency 
requests to selling agencies for purchasing property by negotiation and 
negotiation at fixed prices shall include, at the minimum, the following 
information for each type of property requested:
    (1) Name, title, address, and telephone number of official person(s) 
authorized to obligate funds and enter into an agreement to purchase.
    (2) Geographical area(s) within which they would be willing to 
inspect and purchase property;
    (3) Complete description of each item desired; i.e., electric 
typewriter not office equipment, dump truck not vehicular equipment, 
compact sedan not sedan;
    (4) Number of days the request should be maintained on the ``want 
list'' pending availability, not to exceed 60 days (selling agencies may 
extend the expiration date when property is subject to seasonal 
availability); and
    (5) Minimum poorest acceptable condition; i.e., good (usable without 
repairs), fair (repairable), poor (extensive repairs required).
    (d) Nonwithdrawal. Property listed in invitation for bids that has 
been offered for sale to the general public at the time requests are 
received from State agencies will not be withdrawn from sale under this 
Sec. 101-45.304-12.
    (e) Negotiated sales. Personal property may be sold by negotiation 
to State and local governments through their State agencies subject to 
obtaining such competition as is feasible under the circumstances 
provided that the estimated fair market value and other satisfactory 
terms of disposal are obtained (see Sec. 101-45.304-2(a)(1)(iv) and 
Sec. 101-46.303(b)(1)). When two or more State agencies have indicated a 
desire to purchase the same item, quotations should be obtained from 
such interested parties. When only one State agency wants the property, 
and no further competition is feasible under the circumstances and all 
other conditions for negotiation have been met, the sale may be made.
    (1) With the exception of items having an estimated fair market 
value of less than $100, selling agencies may honor requests by State 
agencies for State and local governments to purchase property by 
negotiation prior to offering the property for public sale.
    (2) When requested property is available for purchase, the selling 
agency shall take appropriate action to notify the State agency that the 
property is available for sale and, when appropriate, consummate the 
sale in accordance with this Sec. 101-45.304-12(e).
    (3) When requested property is not presently available for purchase, 
selling agencies shall:
    (i) Establish a ``want list'' system reflecting State agencies' 
requests for

[[Page 452]]

property being offered by negotiated sale.
    (ii) Screen property reported for sales action against established 
``want lists.''
    (4) When a desired item becomes available for sale, the interested 
State agency(s) shall be advised of:
    (i) The complete item description;
    (ii) The condition of the item;
    (iii) The item location;
    (iv) Full information concerning inspection; and
    (v) The estimated fair market value when only one State agency is 
involved.
    (5) A reasonable period of time not to exceed 15 days shall be given 
the State agency to indicate its desire to purchase the property.
    (6) Satisfactory arrangements must be made with State agencies for 
payment, pickup, handling, and transportation charges, when necessary. 
(See Sec. 101-45.304-12(a)(3) for timeframes for payments.)
    (f) Negotiated sales at fixed prices. Property approved to be sold 
at fixed prices may be offered through State agencies to State and local 
governments (see Sec. 101-45.304-2(b)) at fixed prices prior to public 
sale.
    (1) When property is available at the time of request, the selling 
agency shall notify the requesting State agency and, when appropriate, 
consummate the sale in accordance with this Sec. 101-45.304-12(f).
    (2) When requested property is not presently available for purchase, 
selling agencies shall:
    (i) Establish a ``want list'' system reflecting State agencies' 
requests for property being sold at fixed prices, to include approved 
exchange/sale categories of property (see Sec. 101-46.303(b).
    (ii) Screen property to be offered by fixed prices against 
established ``want lists.''
    (3) When requested property becomes available, interested State 
agencies shall be advised of:
    (i) The complete item description;
    (ii) The condition of the item;
    (iii) The item location;
    (iv) Full information concerning inspection; and
    (v) The fixed price established for the item.
    (4) A reasonable period of time not to exceed 15 days shall be given 
the State agency(s) to indicate its desire to purchase the item. 
However, when more than one State agency has indicated interest in the 
item, the sale will be on a ``first-come, first-served'' basis.

[55 FR 17610, Apr. 26, 1990]



Sec. 101-45.305  [Reserved]



Sec. 101-45.306  Contractor inventory.

    Except for contractor inventory where retention by the contractor is 
authorized by the terms of the contract, and after compliance with the 
applicable requirements of Sec. 101-45.310, contractor inventory shall 
be sold in the same manner as surplus personal property.

[53 FR 16121, May 5, 1988]



Sec. 101-45.307  Proceeds from sales.

    Section 201(c) of the Act, authorizes any executive agency to apply 
the proceeds from sale of exchange/sale property in whole or in part 
payment for similar items acquired for replacement purposes. Section 
204(a) of the Act requires, except in certain specified instances, that 
proceeds from sale of surplus personal property shall be covered into 
the Treasury as miscellaneous receipts. The exceptions are where 
property sold was originally acquired by funds not appropriated from the 
general fund of the Treasury, or appropriated therefrom and by law 
reimbursable from assessments, taxes, or other revenues; and where any 
contract entered in to by any executive agency or any subcontract under 
such contract authorizes the proceeds of any sale of contractor 
inventory to be credited to the price or cost of the work covered by 
such contract or subcontract. In these cases, the gross proceeds from 
the sale of such property will be deposited by the selling agency or by 
contractor or subcontractor to the reimbursable fund or appropriation or 
paid to the Federal agency accountable for the property. In all other 
cases, the gross proceeds from the sale of property will be deposited by 
the selling

[[Page 453]]

agency to the Treasury as miscellaneous receipts. Therefore, it is 
essential that the Standard Form 120, Report of Excess Personal 
Property, or Standard Form 126, Report of Personal Property for Sale, be 
properly completed to identify the appropriate appropriation or fund 
symbol, title, and station deposit symbol or station account number, or 
other manner in which payment is desired.

[31 FR 5001, Mar. 26, 1966]



Sec. 101-45.308  [Reserved]



Sec. 101-45.309  Special classes of property.



Sec. 101-45.309-1  Agricultural commodities.

    (a) Disposal by holding agencies. Surplus agricultural commodities, 
surplus foods processed from agricultural commodities, and surplus 
cotton or woolen goods may be disposed of in accordance with this part 
101-45, without reference to the Department of Agriculture, in the 
following instances:
    (1) Where the quantity of such commodity or product in any one 
location has an acquisition cost not in excess of $5,000.
    (2) Where such commodity or product must be disposed of immediately 
to prevent spoilage.
    (3) Where the quantity to be sold during any month has an 
acquisition cost not in excess of:
    (i) Raw cotton, wheat and other grains, flour, leaf tobacco, and 
cotton or woolen goods--$300,000.
    (ii) Meat, poultry and poultry products, peanuts, and other fats and 
oils--$50,000.
    (iii) All other agricultural commodities and foods processed from 
agricultural commodities--$25,000.
    (b) Required references to the Department of Agriculture. With 
respect to quantities of surplus agricultural commodities, surplus foods 
processed from agricultural commodities, and surplus cotton or woolen 
goods, in excess of the amounts specified in this Sec. 101-45.309-1, 
holding agencies shall obtain from the Agriculture Stabilization and 
Conservation Service, Department of Agriculture:
    (1) A determination, with appropriate instructions, that the 
commodities or products should be transferred to the Department of 
Agriculture for disposition as provided by section 203(h) of the Act. 
Holding agencies accordingly may execute transfers without charge to the 
Department of Agriculture; or
    (2) A statement setting forth the conditions and prices which should 
be used in the disposition of the commodities or products.

[30 FR 2930, Mar. 6, 1965, as amended at 43 FR 26579, June 21, 1978]



Sec. 101-45.309-2  Hazardous materials.

    In addition to the requirements of this part 101-45, the sale of 
hazardous materials shall be accomplished in accordance with the 
provisions of part 101-42.

[57 FR 39137, Aug. 28, 1992]



Sec. 101-45.309-3  Demilitarization and decontamination.

    (a) Dangerous material shall not be disposed of pursuant to this 
part 101-45 without first being demilitarized or decontaminated when a 
duly authorized official of the executive agency concerned determines 
this action to be in the interest of public health, safety, or security. 
This may include rendering the property innocuous, stripping from it any 
confidential or secret characteristics, or otherwise making it unfit for 
futher use.
    (b) Demilitarization or decontamination of property to be donated to 
public bodies pursuant to subpart 101-44.7 shall be accomplished in a 
manner so as to preserve so far as possible any civilian utility or 
commercial value of the property.
    (c) Except for those sales otherwise authorized by Sec. 101-45.309-2 
or other statutes, and for specialized sales authorized by the Secretary 
of Defense, U.S. Munitions List items identified as requiring 
demilitarization shall not be reported for public sale without first 
being demilitarized or requiring demilitarization to be a part of the 
terms and conditions of sale. GSA may refer technical questions on 
demilitarization to the Department of Defense for advice.

[44 FR 27393, May 10, 1979]

[[Page 454]]



Sec. 101-45.309-4  [Reserved]



Sec. 101-45.309-5  Garbage.

    All invitations to bid for removal of garbage from property occupied 
or controlled by the Federal Government, unless specifically requiring 
destruction by incineration, shall state that all bidders must comply 
with basic requirements for sterilization prescribed by the Animal 
Disease Eradication Division, Bureau of Animal Industry, Department of 
Agriculture. In the interest of uniformity, the following provision 
shall be included in all invitations to bid where garbage collected may, 
under any circumstances, be fed to livestock or poultry:

    Prior to award the bidder agrees to furnish a certification from an 
Animal Disease Eradication Division representative of the U.S. 
Department of Agriculture, that he possesses adequate and approved 
garbage sterilization equipment. In the event of an acceptance of his 
bid by the Government, the bidder warrants that all garbage received 
under the contract will be sterilized not less than 30 minutes at 212 
deg.F. before being fed to livestock or poultry. The bidder agrees to 
permit representatives of the Animal Disease Eradication Division of the 
U.S. Department of Agriculture to make inspections at any time without 
prior arrangements to determine that the garbage is heat treated in 
accordance with the provision.



Sec. 101-45.309-6--101-45.309-7  [Reserved]



Sec. 101-45.309-8  Bedding and upholstered furniture.

    (a) Requirements under State law placed on the purchase and resale 
of used bedding and upholstered furniture vary from State to State. Some 
of the restrictions are:
    (1) Requirement for sterilization and disinfection of used or 
second-hand bedding; (2) requirement for an annual license or 
registration fee as a supply dealer or renovator; (3) option of using 
stamps or a stamp exemption permit; and (4) requirement for the 
manufacturer's or vendor's name and address on the tag. Purchasers of 
Government surplus bedding and upholstered furniture normally are 
advised to comply with applicable State laws relating to the resale or 
reuse of such items.
    (b) Procedures and instructions are provided herein for selling 
agencies to assist State health agencies by advising purchasers of 
surplus bedding and upholstered furniture to comply with State 
sanitation standards.
    (c) The following terms have the meaning set forth in this Sec. 101-
45.309-8:
    (1) Bedding. Any box spring, comforter, cushion, davenport, hammock 
pad, lounge, mattress, mattress pad, mattress protector, pillow, quilt, 
quilted pad, sleeping bag, sofa, studio couch, or upholstered spring bed 
used for sleeping, resting, or reclining purposes.
    (2) Upholstered furniture. Any article of furniture, wholly or 
partially stuffed or filled with any concealed material, which is 
intended for use for sitting, resting, or reclining purposes.
    (3) Filling material. African fibre, bamboo, cotton, down, 
excelsior, feathers, felted cotton, fibre, foam rubber, hair, husks, 
jute, kapok, Louisiana tree moss, sea moss, shoddy, wool, or any other 
soft material.
    (d) Surplus bedding and upholstered furniture which are considered 
to be detrimental to public health or safety shall be destroyed in 
accordance with the provisions of subpart 101-45.5.
    (e) Surplus bedding and upholstered furniture will be sold in 
accordance with Sec. 101-45.304 and this Sec. 101-45.309-8.
    (f) Sales of surplus bedding material and upholstered furniture 
shall be processed as follows:
    (1) The invitation for bids shall include information advising 
purchasers of surplus bedding and upholstered furniture to comply with 
the State laws pertaining to sterilization, resale, and reuse of such 
items and filling materials as required by State laws.
    (2) The invitation for bids shall contain a notice to bidders 
substantially as follows:

    Mattresses, Bedding, or Upholstered Furniture. For any mattresses, 
bedding, or upholstered furniture offered in this invitation, the 
purchaser is advised to procure and affix tags, labels, or stamps 
required by law or otherwise to comply with the State laws pertaining to 
sterilization, resale, and reuse of such items and filling material as 
required by State law.

    (3) Selling agencies shall be required to provide the State health 
agency for the State in which a successful bidder maintains its 
business, with a written notice of such sale to include the name

[[Page 455]]

and address of the purchaser and the types, quantities, and locations of 
the articles sold. A copy of the award document or similar notification 
would serve the purpose.
    (4) A list of State health agencies to receive information on sales 
of surplus bedding and upholstered furniture is provided in Sec. 101-
45.4808.

[34 FR 8164, May 24, 1969, as amended at 42 FR 40854, Aug. 12, 1977]



Sec. 101-45.309-9  Gold.

    (a) Gold will be sold in accordance with Sec. 101-45.304 and this 
Sec. 101-45.309-9.
    (b) Sales of gold shall be processed to:
    (1) Use the sealed bid method of sale;
    (2) Require a 20 percent bid deposit;
    (3) Certify all forms of bid deposit and payments; and
    (4) Include in the invitation for bids only gold and such other 
precious and semiprecious materials as may be available for sale at that 
time.
    (c) Each agency generating scrap gold and also having a continuing 
need for fine gold may arrange for the acceptance of scrap gold for fine 
gold with a private contractor or the Defense Logistics Agency in 
accordance with Sec. 101-10.1004, Recovery and use of precious metals 
through the DOD Precious Metals Recovery Program.

[40 FR 33216, Aug. 7, 1975, as amended at 53 FR 16122, May 5, 1988]



Sec. 101-45.309-10  Safes and locking file cabinets.

    Safes and locking file cabinets shall not be accepted for sale in a 
locked condition, and no safe or locking file cabinet shall be offered 
for sale pursuant to this part 101-45 unless empty and unlocked. When 
available, combinations should be taped and/or keys strapped to the 
outside front of the safe or cabinet.

[41 FR 5097, Feb. 4, 1976]



Sec. 101-45.309-11  [Reserved]



Sec. 101-45.309-12  Vehicle reconditioning.

    (a) For the purpose of this section, vehicle reconditioning means 
restoring or improving the appearance of any motorized passenger or 
cargo vehicle designed primarily for highway use that is to be disposed 
of through surplus or exchange/sale procedures to the general public.
    (b) To produce the maximum net proceeds, holding agencies shall 
determine, prior to sale, the appropriate level of reconditioning 
commensurate with the estimated fair market value of each vehicle 
scheduled for sale.
    (c) Holding agencies shall arrange for the reconditioning to be 
accomplished just prior to the dates scheduled for public inspection and 
sale.
    (d) For all motor vehicles above salvage condition or value, the 
minimum level of reconditioning required is as follows:
    (1) Driver and passenger compartment. (i) Remove debris; (ii) vacuum 
floors and seats; (iii) clean dashboard, instrument panel, armrests, 
door panels, and rear shelf; (iv) remove Government stickers or decals 
without marring surface; (v) clean ashtrays and glove compartment; and 
(vi) wash windows.
    (2) Trunk. (i) Remove debris; (ii) vacuum; and (iii) position spare 
tire and tools.
    (3) Engine compartment. (i) Remove debris; (ii) replenish lubricants 
and coolant to required levels and replace missing caps/covers; and 
(iii) charge battery, if necessary.
    (4) Exterior. (i) Remove Government stickers or decals without 
marring paint finish; (ii) wash exterior, including glass, door jambs, 
tires, and wheel rims/covers; and (iii) inflate tires to recommended 
pressure.
    (e) Additional reconditioning of selected motor vehicles should be 
considered when such action is expected to substantially improve the 
return on the sale of a vehicle. Generally, a return of $2.00 for each 
dollar invested should be estimated to justify additional 
reconditioning. Additional reconditioning should include some or all of 
the following:
    (1) Driver and passenger compartment. (i) Shampoo seats, dashboard, 
headliner, door panels, and floor covering; (ii) spray-dye floor carpets 
and mats; (iii) polish where appropriate; (iv) apply vinyl/rubber 
reconditioners where appropriate; and (v) replace missing knobs, 
nameplates, and light lenses and/or bulbs.
    (2) Trunk. (i) Wash interior surface; and (ii) Spray-dye mats.

[[Page 456]]

    (3) Engine compartment. (i) Clean major surface areas (air cleaner 
cover, battery, etc.); (ii) wash or steam clean, when necessary; (iii) 
replace air and fuel filters; and (iv) make minor adjustments and/or 
replacements to engine systems (electrical, fuel, cooling, etc.) to 
ensure that the vehicle will start and idle correctly during inspection 
by prospective purchasers.
    (4) Exterior. (i) Rotate tires, including the spare, to ensure that 
the best tires are displayed on the vehicle. Properly inflate, clean, 
and apply rubber conditioner or black tire paint to all tires; (ii) wash 
and blacken wheel splash shields; (iii) apply touch-up paint to nicks 
and scratches; (iv) wax and polish; (v) replace missing or damaged 
molding, nameplates, lenses, caps, mirrors, antennas, and wheel covers; 
(vi) repaint exterior of vehicle to original factory color if scrapes, 
dings, etc., are excessive; (vii) repair minor body damage; (viii) apply 
decorative molding and/or striping to add eye appeal; and (ix) obtain 
State safety and/or emission control inspections, if required.
    (f) Reconditioning, when possible, should be accomplished no earlier 
than the calendar week prior to the scheduled sale date.
    (g) Agencies should contact the nearest GSA Federal Supply Service 
Bureau office for information regarding the availability of 
reconditioning services.
    (h) The expense of reconditioning is the responsibility of the 
holding agency.

[55 FR 19737, May 11, 1990]



Sec. 101-45.309-13  All terrain vehicles.

    (a) Three-wheeled all terrain vehicles (ATVs) may be offered for 
public sale only after they have been mutilated in a manner to prevent 
operational use.
    (b) Four-wheeled ATVs no longer needed by the Government can be 
exchanged with a dealer under the provisions of Sec. 101-46.302. If the 
unit cannot be exchanged, four-wheeled ATVs may be offered for public 
sale only after they have been mutilated in a manner to prevent 
operational use.

[57 FR 34253, Aug. 4, 1992]



Sec. 101-45.310  Antitrust laws.

    Whenever an award is proposed to any private interest of personal 
property with an estimated fair market value of $3,000,000 or more, or 
of a patent, process, technique, or invention, irrespective of cost, the 
selling agency shall promptly notify the Attorney General and the 
Administrator of General Services, simultaneously, of the proposed 
disposal and the probable terms and conditions thereof. Upon request by 
the Attorney General, the agency shall furnish or cause to be furnished 
to the Attorney General such additional information as the agency may 
possess concerning the proposed disposition. The Attorney General will 
advise the agency and the Administrator of General Services within a 
reasonable time, in no event to exceed 60 days after receipt of such 
notification, whether, so far as the he can determine, the proposed 
disposition would tend to create or maintain a situation inconsistent 
with the antitrust laws. The agency shall not effect disposition until 
it has received such advice. The agency shall include in the 
notification transmitted to the Attorney General and the Administrator 
of General Services, the following information:
    (a) Location and description of property (specifying the tonnage, if 
scrap).
    (b) Proposed sale price of property (explaining the circumstances, 
if proposed purchaser was not highest bidder).
    (c) Acquisition cost of property to Government.
    (d) Manner of sale, indicating whether by:
    (1) Sealed bid (specifying numbers of purchasers solicited and bids 
received);
    (2) Auction or spot bid (stating how sale was advertised); or
    (3) Negotiation (explaining why property was not offered for sale by 
competitive bid).
    (e) Proposed purchaser's name, address, and trade name (if any) 
under which it is doing business.
    (f) If a corporation, give name of State and date of incorporation, 
and name and address of:
    (1) Each holder of 25 percent or more of the corporate stock;
    (2) Each subsidiary; and

[[Page 457]]

    (3) Each company under common control with proposed purchaser.
    (g) If a partnership, give:
    (1) Name and address of each partner;
    (2) Other business connections of each partner.
    (h) Nature of proposed purchaser's business, indicating whether its 
scope is local, statewide, regional, or national.
    (i) Estimated dollar sales volume of proposed purchaser (as of 
latest calendar or fiscal year).
    (j) Estimated net worth of proposed purchaser.
    (k) Proposed purchaser's intended use of property.

[30 FR 2930, Mar. 6, 1965, as amended at 54 FR 38676, Sept. 20, 1989]



Sec. 101-45.311  Assistance in controlling unauthorized transport of property.

    In order to help alleviate the problems associated with unauthorized 
transport of property sold by the Government, and to assist the 
Interstate Commerce Commission in improving control of transportation 
for hire, the following information shall be made known to all 
purchasers and shall be included as a ``Special Instruction to Bidders'' 
in all formal invitations requesting bids or offers for the sale of 
personal property:

    Attention is invited to the fact that the Interstate Commerce Act 
makes it unlawful for anyone other than those duly authorized pursuant 
to that Act to transport this property in interstate commerce for hire. 
Anyone aiding or abetting in such violation is a principal in committing 
the offense (49 U.S.C. 301-327 and 18 U.S.C. 2).



Sec. 101-45.312  [Reserved]



Sec. 101-45.313  Procedures and forms concerning contingent or other fees for soliciting or securing contracts.



Sec. 101-45.313-1  Purpose.

    For the purpose of promoting uniformity among executive agencies 
with respect to the required use of the ``covenant against contingent 
fees'' and with respect to the procedure for obtaining information 
concerning contingent or other fees paid by contractors for soliciting 
and securing Government contracts, the Department of Defense and GSA 
have developed cooperatively and agreed upon the required use of the 
``covenant against contingent fees'' and the form, procedure, 
principles, and standards described in this section.



Sec. 101-45.313-2  Objectives and methods.

    (a) Objectives. The requirements of Sec. 101-45.313 have as their 
objective the prevention of improper influence in connection with the 
obtaining of Government contracts, the elimination of arrangements which 
encourage the payment of inequitable and exorbitant fees bearing no 
reasonable relationship to the services actually performed, and 
prevention of the reduction in return to the Government which inevitably 
results therefrom. Improper influence means influence, direct or 
indirect, which induces or intends to induce consideration or action by 
any employee or officer of the United States with respect to any 
Government contract on any basis other than the merits of the matter.
    (b) Methods. The methods used to achieve the above objectives stated 
in paragraph (a) of this section are the requirement for disclosure of 
the details of arrangements under which agents represent concerns in 
obtaining Government contracts, and the prohibiting, by use of the 
covenant against contingent fees, of certain types of contractor-agent 
arrangements. The Criminal Code will apply in any case involving actual 
criminal conduct.



Sec. 101-45.313-3  Representation and covenant.

    (a) Representation. Except as provided in Sec. 101-45.313-7, each 
selling agency shall inquire of and secure a written representation from 
prospective purchasers as to whether they have employed or retained any 
company or person (other than a full-time employee working solely for 
the prospective purchaser) to solicit or secure the contract, and shall 
secure a written agreement to furnish information relating thereto as 
required by the sales contracting officer. The form of such 
representation shall be that contained in Standard Form 114, Sale of 
Government Property--Bid and Award (illustrated in Sec. 101-45.4901-
114).

[[Page 458]]

    (b) Covenant. Selling agencies shall include in every negotiated or 
advertised contract for the sale of Government-owned personal property 
the ``covenant against contingent fees'' as contained in the Standard 
Form 114C, General Sale Terms and Conditions (illustrated in Sec. 101-
45.4901-114C).

[42 FR 40854, Aug. 12, 1977]



Sec. 101-45.313-4  General principles and standards applicable to the covenant.

    (a) Use of principles and standards. The principles and standards 
set forth in this Sec. 101-45.313-4 are intended to be used as a guide 
in the negotiation, awarding, administration, or enforcement of 
Government contracts.
    (b) Contingent character of the fee. Any fee whether called 
commission, percentage, brokerage, or contingent fee, or otherwise 
denominated, is within the purview of the covenant if, in fact, any 
portion thereof is dependent upon success in obtaining or securing the 
Government contract or contracts involved. The fact, however, that a fee 
of a contingent nature is involved does not preclude a relationship 
which qualifies under the exceptions to the prohibition of the covenant.
    (c) Exceptions to the prohibition. There are excepted from the 
prohibition of the covenant ``bona fide employees'' and ``bona fide 
established commercial or selling agencies maintained by the contractor 
for the purpose of securing business.''
    (d) Bona fide employee. (1) The term bona fide employee, for the 
purpose of the exception to the prohibition of the covenant, means an 
individual (including a corporate officer) employed by a concern in good 
faith to devote his full time to such concern and no other concern and 
over whom the concern has the right to exercise supervision and control 
as to time, place, and manner of performance of work.
    Note: It is recognized that a concern, especially a small business 
concern, may employ an individual who represents other concerns. The 
factors set forth in Sec. 101-45.313-4(e)(2), except (iv), shall be 
applied to determine whether such an individual comes within the 
exception to the prohibition of the covenant.
    (2) The hiring must contemplate some continuity and it may not be 
related only to the obtaining of one or more specific Government 
contracts.
    (3) An employee is not ``bona fide'' who seeks to obtain any 
Government contract or contracts for his employer through the use of 
improper influence or who holds himself out as being able to obtain any 
Government contract or contracts through improper influence.
    (4) A person may be a bona fide employee whether his compensation is 
on a fixed salary basis, or when customary in the trade, on a 
percentage, commission, or other contingent basis or a combination of 
the foregoing.
    (e) Bona fide established commercial or selling agency maintained by 
the contractor for the purpose of securing business. (1) An agency or 
agent is not ``bona fide'' which seeks to obtain any Government contract 
or contracts for its principals through the use of improper influence or 
which holds itself out as being able to obtain any Government contract 
or contracts through improper influence.
    (2) In determining whether an agency is a ``bona fide established 
commercial or selling agency maintained by the contractor for the 
purpose of securing business,'' the factors set forth below shall be 
considered. They are necessarily incapable of exact measurement or 
precise definition and it is neither possible nor desirable to prescribe 
the relative weight to be given any single factor as against any other 
factor or as against all other factors. The conclusions to be reached in 
a given case will necessarily depend upon a careful evaluation of the 
agreement and other attendant facts and circumstances.
    (i) The fees charged should not be inequitable and exorbitant in 
relation to the services actually rendered. That is, the compensation 
should be commensurate with the nature and extent of the services and 
should not be excessive as compared with the fees customarily allowed in 
the trade concerned for similar services related to commercial (non-
Government) business. In evaluating reasonableness of the fee, there 
should be considered services of the agent other than actual 
solicitation, as for example, technical, consultant, or managerial 
services, and assistance in the procurement of essential personnel, 
facilities, equipment, materials, or

[[Page 459]]

subcontractors for performance of the contract.
    (ii) The selling agency should have adequate knowledge of the 
products and the business of the concern represented, as well as other 
qualifications necessary to sell the products or services on their 
merits.
    (iii) There should ordinarily be a continuity of relationship 
between the contractor and the agency. The fact that the agency has 
represented the contractor over a considerable period of time is a 
factor for favorable consideration. It is not intended, however, to 
disqualify newly established contractor-agency relationships where a 
continuing relationship is contemplated by the parties.
    (iv) It should appear that the agency is an established concern. The 
agency may be either one which has been in business for a considerable 
period of time or a new agency which is a presently going concern and 
which is likely to continue in business as a commercial or selling 
agency in the future. The business of the agency should be conducted in 
the agency name and characterized by the customary indicia of the 
conduct of a regular business.
    (v) The fact that a selling agency confines its selling activities 
to the field of Government contracts does not, in and of itself, 
disqualify it under the covenant. The fact, however, that the selling 
agency is employed to secure business generally, that is, to represent 
the concern in connection with sales to the Government, as well as 
regular commercial sales to non-Government activities, is a factor 
entitled to favorable consideration in evaluating the case as one coming 
within the authorized exception. Arrangements confined, however, to 
obtaining Government contracts, particularly those involving a selling 
agency organized immediately prior to or during periods of expanded 
procurement resulting from conditions of national emergency, must be 
closely scrutinized.
    (f) Fees for ``information.'' Contingent fees paid for 
``information'' leading to obtaining a Government contract or contracts 
are included in the prohibition and, accordingly, are in breach of the 
covenant unless the agent qualified under the exception as a bona fide 
employee or a bona fide established commercial or selling agency 
maintained by the contractor for the purpose of securing business.



Sec. 101-45.313-5  Standard Form 119, Contractor's Statement of Contingent or Other Fees.

    Pursuant to the Act and in furtherance of the purpose and objectives 
stated in sections 1 and 3 thereof, Standard Form 119, shall be used in 
accordance with the provisions of this Sec. 101-45.313.



Sec. 101-45.313-6  Use of Standard Form 119, Contractor's Statement of Contingent or Other Fees.

    (a) Required use. Except as provided in Sec. 101-45.313-7, Standard 
Form 119 shall be used, without deviation, whenever either part of the 
inquiry provided for in Sec. 101-45.313-3(a) with respect to contingent 
fees is answered in the affirmative. The form shall be used also, 
without deviation, in any other case where an agency desires to obtain 
such information. When, after use of the form, further information is 
required, it may be obtained in any appropriate manner. Submission of 
the form shall be required, normally, only of successful bidders and 
contractors.
    (b) Statement in lieu of form. Any bidder who has previously 
furnished a Standard Form 119 to the office issuing the invitation or 
negotiating the contract may be permitted to accompany his bid with, or 
submit in connection with the proposed contract, a signed statement 
indicating when such completed form was previously furnished, 
identifying by number the previous invitation or contract in connection 
with which such form was submitted; and representing that the statements 
in such previously furnished form are applicable to such subsequent bid 
or contract. In such case, submission of an additional completed 
Standard Form 119 need not be required.



Sec. 101-45.313-7  Exceptions.

    The inquiry and agreement specified in Sec. 101-45.313-3(a) need not 
be made and submission of Standard Form 119 need not be requested in 
connection with any of the following:

[[Page 460]]

    (a) Any advertised contract in which the aggregate amount involved 
does not exceed $25,000.
    (b) Any negotiated contract in which the aggregate amount involved 
does not exceed $5,000.
    (c) Contracts to be made in foreign countries.
    (d) Any other contracts, individually or by class, of the Department 
of Defense, designated by the Secretary, Under Secretary, or Assistant 
Secretary of a military department. (Reports of any such exceptions 
shall be filed promptly with the Administrator of General Services.)

[30 FR 2930, Mar. 6, 1965, as amended at 35 FR 12121, July 29, 1970]



Sec. 101-45.313-8  Enforcement.

    (a) Failure or refusal to furnish representation and agreement. Each 
selling agency shall take the necessary steps to assure that the 
indicated successful bidder or proposed contractor has furnished a 
representation (negative or affirmative) and agreement as prescribed in 
Sec. 101-45.313-3.
    (1) If the indicated successful bidder makes such representation in 
the negative such representation may be accepted and award made or offer 
accepted in accordance with established procedure.
    (2) If the indicated successful bidder or proposed contractor makes 
such representation in the affirmative, a completed Standard Form 119 
shall be requested from the bidder or proposed contractor. In the case 
of formal advertising, the making of an award in accordance with 
established procedure need not be delayed pending receipt of the form. 
In the case of negotiation, if the proposed contractor makes such 
representation in the affirmative, he shall be required to file a 
completed Standard Form 119 prior to acceptance of the offer or 
execution of the contract unless the head of the executive agency 
(including for this purpose, any military department) concerned, or his 
authorized representative, considers that the interest of the Government 
will be prejudiced by the suspension of negotiations pending receipt and 
consideration of an executed Standard Form 119.
    (3) If the indicated successful bidder or proposed contractor fails 
to furnish the representation and agreement, such failure shall be 
considered a minor informality and, prior to award, such bidder or 
proposed contractor shall be afforded a further opportunity to furnish 
such representation and agreement. A refusal or failure to furnish such 
representation and agreement, after such opportunity has been afforded, 
shall require rejection of the bid or offer.
    (b) Failure or refusal to furnish Standard Form 119. If the 
successful bidder or contractor, upon request, refuses or fails to 
furnish a completed Standard Form 119, or a statement in lieu thereof as 
provided in Sec. 101-45.313-6, the selling agency concerned shall take 
one or more of the following actions, or other action, as may be 
appropriate:
    (1) If an award has not been made or offer accepted, determine 
whether the bid or offer should be rejected.
    (2) If the contract has been awarded or the offer accepted, 
determine what action shall be taken, such as making an independent 
investigation or considering the eligibility of the contractor as a 
future contractor in accordance with established procedure.
    (c) Misrepresentations or violations of the covenant against 
contingent fees. In case of misrepresentation, or violation or breach of 
the covenant against contingent fees, or some other relevant 
impropriety, the selling agency concerned shall take one or more of the 
following actions, or other action, as may be appropriate:
    (1) If an award has not been made, or offer has not been accepted, 
determine whether the bid or offer should be rejected.
    (2) If an award has been made or offer has been accepted, take 
action to enforce the covenant in accordance with its terms, that is, as 
the best interests of the Government may appear, annul the contract 
without liability or recover the amount of the fee involved.
    (3) Consider the future eligibility as a contractor of the bidder or 
contractor in accordance with established procedure.
    (4) Determine whether the case should be referred to the Department

[[Page 461]]

of Justice in accordance with established procedure with respect to 
determining matters of fraud or criminal conduct.



Sec. 101-45.313-9  Preservation of records.

    Selling agencies shall preserve, for enforcement or report purposes, 
at least one executed copy of any representation and completed Standard 
Form 119, together with a record of any other pertinent data, including 
data as to action taken.



Sec. 101-45.314  Federal excise taxes.

    Federal manufacturers' and retailers' excise taxes are not 
applicable to the sale or other disposal by the Government of personal 
property or the disposal of contractor inventory. Federal manufacturers' 
excise taxes do not apply to subsequent sales, including uses, by 
purchasers of Government property and contractor inventory. Federal 
retailers' excise taxes apply to subsequent sales, but not to subsequent 
uses by the purchasers unless the subsequent sale is made for resale and 
a certificate of resale is obtained. The foregoing does not apply to 
gasoline, and holding agencies shall make appropriate arrangements with 
the Internal Revenue Service with respect to the disposal thereof. 
Questions relating to the applicability of Federal excise taxes arising 
from the disposal of property or contractor inventory should be referred 
to the Internal Revenue Service.



Sec. 101-45.315  Equal Opportunity clause in contracts.

    The Equal Opportunity clause prescribed by Executive Order 11246 of 
September 24, 1965 (30 FR 12319, 12935) (as amended by Executive Order 
11375 of October 13, 1967 (32 FR 14303)), as set forth in Sec. 101-
45.4807, shall be included in all contracts for the sale of personal 
property when the contract exceeds $10,000, and an appreciable amount of 
work by the purchaser required by or for the Government is involved. 
When a sale is planned and the probability exists that the foregoing 
conditions will be present, the Equal Opportunity clause shall be 
included in the contract provisions of the invitation as a special 
condition of sale.

[42 FR 40854, Aug. 12, 1977]



Sec. 101-45.316  [Reserved]



Sec. 101-45.317  Noncollusive bids and proposals.

    (a) Condition No. 20 of the General Sale Terms and Conditions, 
Standard Form 114C, contains the certification of independent price 
determination. This condition is applicable to all invitations for bids 
and requests for proposals or quotations providing for the sale of 
personal property, except fixed price sale under section 203(e)(5) of 
the Act.
    (b) The authority to make determinations described in paragraph (d) 
of Condition No. 20 of the General Sale Terms and Conditions, Standard 
Form 114C, shall not be delegated to an official below the level of the 
head of a selling activity of the agency.
    (c) Where a certification is suspected of being false or there is an 
indication of collusion, the matter shall be referred to the Department 
of Justice as provided in Sec. 101-45.107-1.

[31 FR 9542, July 14, 1966, as amended at 35 FR 12121, July 29, 1970]



Sec. 101-45.318  Identical bids.

    In addition to complying with the requirements of Secs. 101-45.316 
and 101-45.317, when an invitation for bids for the sale of personal 
property results in the submission of identical bids, consideration 
shall be given to whether adequate prime competition was obtained. 
Whether there is adequate price competition for a given sale is a matter 
of judgment to be based on the circumstances of the sale. If the 
circumstances do not permit a reasonable determination that the price 
competition was adequate, the sale should be resolicited.

[36 FR 12297, June 30, 1971]



                   Subpart 101-45.4--Contract Disputes

    Source: 59 FR 60561, Nov. 25, 1994, unless otherwise noted.

[[Page 462]]



Sec. 101-45.400  Scope of subpart.

    This subpart provides guidance regarding contract claims and appeals 
relating to contracts for the sale of personal property under the 
Contract Disputes Act of 1978, as amended, (41 U.S.C. 601-613). 
Contracting agencies should seek guidance from the Contract Disputes Act 
(the Act) and Federal Acquisition Regulation (FAR) 48 CFR Part 33. The 
Act applies to all contracts entered into by executive agencies for the 
sale of personal property, except the following:
    (a) Contracts with a foreign government or agency of that government 
when the agency head determines that application of the Act to the 
contract would not be in the public interest,
    (b) Contracts with an international organization or a subsidiary 
body of that organization, if the agency head determines that the 
application of the Act to the contract would not be in the public 
interest, and
    (c) Contracts of the Tennessee Valley Authority unless such 
contracts contain a disputes clause requiring dispute resolution via an 
administrative process.



Sec. 101-45.401  The disputes clause.

    The disputes clause contained at 48 CFR 52.233-1 must be included in 
all solicitations and contracts for the sale of personal property unless 
the exceptions in Sec. 101-45.400 apply.



Sec. 101-45.402  Alternative disputes resolution.

    The Government's policy is to try to resolve all contractual issues 
in controversy by mutual agreement at the contracting officer's level. 
Agencies are encouraged to use alternative dispute resolution (ADR) 
procedures to the maximum extent practicable in accordance with the 
authority and the requirements of the Administrative Disputes Resolution 
Act (Pub. L. 101-522) and agency policies.

Subpart 101-45.5  [Reserved]



    Subpart 101-45.6--Debarred, Suspended, and Ineligible Contractors



Sec. 101-45.600  Scope of subpart.

    This subpart prescribes policies and procedures governing the 
debarment or suspension of contractors for contracts involving the sale 
by the Government of personal property.


[50 FR 41145, Oct. 9, 1985]



Sec. 101-45.601  Policy.

    (a) Agencies shall solicit offers from, award contracts to, and 
consent to subcontracts only with responsible contractors, as defined by 
Federal Acquisition Regulation (FAR) 9.104-1.
    (b) The policies, procedures, and requirements of FAR subpart 9.4 
are incorporated by reference and made applicable to contracts for, and 
to contractors who engage in the purchase of Federal personal property.
    (c) The debarment or suspension of a contractor from the purchase of 
Federal personal property has Governmentwide effect and precludes any 
agency from entering into a contract for purchase of personal property 
with that contractor unless the agency's head or a designee responsible 
for the disposal action determines that there is a compelling reason for 
such action. (See FAR 9.405(a).)
    (d) When the debarring/suspending official has authority to debar/
suspend contractors from both contracts for the purchase of Federal 
personal property pursuant to FPMR 101-45.6 and acquisition contracts 
pursuant to FAR 9.4, that official shall consider simultaneously 
debarring/suspending the contractor from the purchase of Federal 
personal property and the award of acquisition contracts. When 
debarring/suspending a contractor from the purchase of Federal personal 
property and the award for acquisition contracts, the debarment/
suspension notice shall so indicate and the appropriate FPMR and FAR 
citations shall be included.

[50 FR 41145, Oct. 9, 1985]

[[Page 463]]



Sec. 101-45.602  Listing debarred or suspended contractors.

    (a) Contractors which have been debarred or suspended by agency 
debarring/suspending officials will be included on the Consolidated List 
of Debarred, Suspended, and Ineligible Contractors (FAR 9.404) in 
accordance with the procedures established at FAR 9.404.
    (b) Agencies shall establish procedures for the use of the 
consolidated list to ensure that the agency does not solicit offers 
from, award contracts to, or consent to subcontracts with listed 
contractors, except as provided in FAR 9.405(a).

[50 FR 41146, Oct. 9, 1985]



                  Subpart 101-45.7--Submission of Bids

    Source: 37 FR 24666, Nov. 18, 1972, unless otherwise noted.



Sec. 101-45.700  Scope of subpart.

    This subpart prescribes policies and methods relating to bids 
submitted in advertised sales of Government personal property and 
includes the treatment of late bids received in connection with such 
sales.



Sec. 101-45.701  Responsiveness of bids.

    (a) To be considered for award, a bid must comply in all material 
respects with the invitation for bids so that, both as to the method and 
timeliness of submission and as to the substance of any resulting 
contract, all bidders may stand on an equal footing and the integrity of 
the formal advertising system may be maintained.
    (b) Telegraphic or telephonic bids shall not be considered unless 
otherwise provided in the invitation for bids. (See Sec. 101-45.4901-
114C, item No. 3 entitled ``Consideration of Bids.'') The term 
``telegraphic bids'' includes bids submitted by telegram or by mailgram. 
The following statement should be included in all invitations for bids: 
``The terms `telegraphic bid' and `telegraphic notice' include bids and 
notices by telegram or by mailgram.''
    (c) Bids shall be filled out, executed, and submitted in accordance 
with the instructions contained in the invitation for bids. If a bidder 
uses his own bid form or a letter to submit a bid, the bid may be 
considered only if (1) the bidder accepts all the terms and conditions 
of the invitation for bids and (2) award on the bid would result in a 
binding contract, the terms and conditions of the invitation.

[37 FR 24666, Nov. 18, 1972, as amended at 43 FR 11820, Mar. 22, 1978]



Sec. 101-45.702  Time of bid submission.

    Bids shall be submitted so as to be received by the contracting 
officer not later than the exact time set for opening of bids. When 
telegraphic bids are authorized and such a bid is received by telephone 
from the receiving telegraph office not later than the time set for 
opening of bids, it shall be considered only if the bid is confirmed by 
receipt of a copy of the telegram or mailgram which formed the basis for 
the telephone call.

[43 FR 11821, Mar. 22, 1978]



Sec. 101-45.703  Late bids.



Sec. 101-45.703-1  General.

    Bids received by the contracting officer after the exact time set 
for bid opening are late bids. (See Secs. 101-45.4904-1-114C-1, 101-
45.4901-114C-2, and 101-45.4901-114C-3 for item entitled ``Consideration 
of late Bids, Modifications, or Withdrawals.'') Late bids shall not be 
considered for award except as authorized in this Sec. 101-45.703.

[42 FR 40854, Aug. 12, 1977]



Sec. 101-45.703-2  Consideration for award.

    (a) A late bid shall be considered for award only:
    (1) In the instance of sealed bid sales, if the bid submitted by 
mail was received by the contracting officer prior to award, was mailed 
and, in fact, delivered to the address specified in the invitation in 
sufficient time to have been received by the contracting officer by the 
time and date set forth in the invitation for opening of bids, and 
except for delay attributable to personnel of the sales office or their 
designees would have been received on time; or

[[Page 464]]

    (2) In the instance of spot bid and auction sales, if the bid 
submitted by mail (where authorized) was received by the contracting 
officer after the time and date set forth in the invitation for receipt 
of bids but before the time set for the start of the sale, and was 
mailed and, in fact, delivered to the address specified in the 
invitation in sufficient time to have been received by the contracting 
officer by the time and date set forth in the invitation for receipt of 
bids, and except for delay attributable to personnel of the sales office 
or their designees would have been received on time.
    (b) The only evidence acceptable to establish timely receipt of bids 
at the address designated in the invitation for bids is documentary 
evidence of receipt at such address within the control of the selling 
agency. Such evidence could be a date or time stamp, or a log entry.



Sec. 101-45.703-3  Telegraphic bids.

    A late bid submitted by telegraph (where authorized) received before 
award shall not be considered for award regardless of the cause of the 
late receipt, including delays caused by the telegraph company, except 
for a telegraphic bid delayed solely because of mishandling on the part 
of the Government in its transmittal to the office designated in the 
invitation for bids for the receipt of bids.



Sec. 101-45.703-4  Handcarried bids.

    A late handcarried bid or any other late bid not submitted by mail, 
telegram, or mailgram shall not be considered for award.

[43 FR 11821, Mar. 22, 1978]



Sec. 101-45.703-5  Disposition of late bids.

    A late bid which is not for consideration shall be returned to the 
bidder as promptly as possible (unless other disposition is requested or 
agreed to by the bidder). However, an unidentified late bid may be 
opened solely for the purpose of identification and then only by the 
contracting officer or his authorized representative. Late bids opened 
for identification purposes or by mistake shall be resealed in the 
envelope. The contracting officer or his authorized representative shall 
immediately write on the envelope his signature and position, date and 
time opened, invitation for bids number, and an explanation of the 
opening. No information contained therein shall be disclosed to anyone.



Sec. 101-45.703-6  Records.

    To the extent available, the following information shall be included 
in the contract case files with respect to each late bid:
    (a) A statement of the date and hour of mailing or filing;
    (b) A statement of the date and hour of receipt;
    (c) A mechanical reproduction of the envelope, or other covering, if 
the late bid was returned, in lieu of paragraphs (a) and (b) of this 
section;
    (d) The determination of whether the late bid was considered for 
award, with supporting facts;
    (e) A statement of the disposition of the late bid; and
    (f) The envelope, or other covering, if the late bid was considered 
for award.



Sec. 101-45.704  Modification or withdrawal of bids.

    (a) Bids may be modified or withdrawn by written or telegraphic 
notice received by the contracting officer not later than the exact time 
set for opening of bids (in the instance of sealed bid sales) or not 
later than the exact time set for the receipt of mailed-in or 
telegraphic bids (in the instance of spot bid and auction sales where 
such bids are authorized). A telegraphic modification or withdrawal of a 
bid received by telephone from the receiving telegraph office not later 
than the time set for opening of bids shall be considered only if the 
message is confirmed by receipt of a copy of the written telegram or 
mailgram which formed the basis for the telephone call. Modifications 
received by telegram or mailgram (including a record of those telephoned 
by the telegraph company) shall be sealed in an envelope by a proper 
official who shall write thereon the date and time of receipt and by 
whom received, the invitation for bids, number, and his signature. No 
information contained therein shall be disclosed before the time set for 
bid opening or for the start of the sale. The term telegraphic notice

[[Page 465]]

includes modifications and withdrawals submitted by telegram or 
mailgram. The following statement should be included in all invitations 
for bids:

    The terms telegraphic bid and telegraphic notice include bids and 
notices by telegram or by mailgram.

    (b) A bid may be withdrawn in person by a bidder or his authorized 
representative, provided his identity is made known and he signs a 
receipt for the bid, but only if the withdrawal is prior to the exact 
time set for the opening of bids (in the instance of sealed bid sales) 
or the exact time set for the start of the sale (in the instance of spot 
bid and auction sales).

[37 FR 24666, Nov. 18, 1972, as amended at 43 FR 11821, Mar. 22, 1978]



Sec. 101-45.705  Late modifications and withdrawals.

    (a) Modifications of bids and requests for withdrawal of bids which 
are received by the contracting officer after the exact time set for bid 
opening (in sealed bid sales) or after the exact time set for the 
receipt of bids (in spot bid or auction sales) are ``late 
modifications'' and ``late withdrawals'', respectively. A late 
modification or late withdrawal shall be subject to the provisions of 
Sec. 101-45.703. However, a late modification of the otherwise 
successful bid shall be opened at any time it is received; and if in the 
judgment of the contracting officer it makes the terms of the bid more 
favorable to the Government, it shall be considered.
    (b) Mailed-in, telegraphic, and mailgram modifications or 
withdrawals which are received by the contracting officer after the time 
set for the start of a spot bid or auction sale shall not be considered, 
regardless of the cause of delay.

[37 FR 24666, Nov. 18, 1972, as amended at 43 FR 11821, Mar. 22, 1978]



                   Subpart 101-45.8--Mistakes in Bids

    Source: 32 FR 16270, Nov. 29, 1967, unless otherwise noted.



Sec. 101-45.800  Scope of subpart.

    This subpart prescribes the policies and methods governing the 
treatment by executive agencies of mistakes in bids by bidders in sales 
of personal property. The authorities prescribed herein are not intended 
to nullify previous authorities granted by the Comptroller General.



Sec. 101-45.801  General.

    After the opening of bids, sales contracting officers shall examine 
all bids for mistakes. Where the sales contracting officer has reason to 
believe that a mistake may have been made, he shall request from the 
bidder a verification of the bid, calling attention to the suspected 
mistake. If the bidder alleges a mistake, the matter shall be processed 
in accordance with this subpart 101-45.8. Such actions shall be taken 
prior to award.



Sec. 101-45.802  Apparent clerical mistakes.

    Any clerical mistake apparent on the face of a bid may be corrected 
by the sales contracting officer prior to award if the sales contracting 
officer has first obtained from the bidder verification of the bid 
actually intended. An example of such an apparent mistake is an error in 
placing the decimal point (e.g., a bidder bids $10 each on 10 units, but 
shows an extended price of $1,000 or a bidder bids $0.50 per lb. for 
1,000 lbs. but shows an extended price of $50). Any correction made 
pursuant to this Sec. 101-45.802 shall be reflected in the award 
document, if an award is made on the corrected bid.



Sec. 101-45.803  Other mistakes disclosed before award.

    (a) Heads of executive agencies are authorized (with power of 
redelegation as provided in Secs. 101-45.803(b) and 101-45.804(d)), in 
order to minimize delay in contract awards, to make the administrative 
determinations described in this Sec. 101-45.803 in connection with 
mistakes in bids alleged after opening of bids and before award. The 
authority contained herein to permit correction of bids is limited to 
bids which, as submitted, are responsive to the invitation for bids, and 
may not be used to permit

[[Page 466]]

correction of bids to make them responsive. This authority is in 
addition to that in Sec. 101-45.802 or that which may be otherwise 
available.
    (1) A determination may be made permitting the bidder to withdraw 
his bid where the bidder requests permission to do so and clear and 
convincing evidence establishes the existence of a mistake.
    (2) However, if the evidence is clear and convincing both as to the 
existence of a mistake and as to the bid actually intended, and if the 
bid as submitted and as corrected is the highest received, a 
determination may be made to correct the bid and not permit its 
withdrawal.
    (3) A determination may be made permitting the bidder to correct his 
bid where the bidder requests permission to do so and clear and 
convincing evidence establishes both the existence of a mistake and the 
bid actually intended. However, if the correction would result in 
displacing one or more higher acceptable bids, the determination shall 
not be made unless the existence of the mistake and the bid actually 
intended are ascertainable substantially from the invitation and bid 
itself. If the evidence is clear and convincing only as to the mistake, 
but not as to the intended bid, a determination permitting the bidder to 
withdraw his bid may be made.
    (4) If the evidence does not warrant a determination under paragraph 
(a)(1), (2), or (3) of this section, a determination may be made that a 
bidder may neither withdraw nor correct his bid.
    (b) Heads of executive agencies may delegate to one central 
authority in their agencies, without power of redelegation, authority to 
make the determinations under paragraphs (a) (2), (3), and (4) of this 
Sec. 101-45.803. The authority to make determinations to permit 
withdrawal of bids as provided in paragraphs (a) (1) and (3) of this 
section may be delegated, without power of redelegation, to any sales 
activity having legal counsel available.
    (c) Each proposed determination shall be approved by the gency's 
General Counsel, Deputy or Associate General Counsel, and Assistant 
General Counsel, or other comparable legal officer. However, authority 
to approve determinations to permit withdrawal of bids pursuant to 
paragraphs (a) (1) and (3) of this section may be delegated to the legal 
counsel of sales activities.
    (d) Suspected or alleged mistakes shall be processed as follows:
    (1) Whenever the sales contracting officer suspects that a mistake 
may have been made in a bid, he shall immediately request the bidder to 
verify the bid. Such request shall inform the bidder of the basis for 
suspecting a mistake and shall advise the bidder that if a mistake is 
alleged, to support his allegation by statements concerning the alleged 
mistake and by all pertinent evidence; such as the bidder's file copy of 
the bid, his original worksheets and other data used in preparing the 
bid, and any other evidence which conclusively establishes the existence 
of the error, the manner in which it occurred, and the bid actually 
intended. If the time for acceptance of bids is likely to expire before 
a decision can be made, the sales contracting officer shall request all 
bidders whose bids may become eligible for award to extend the time for 
acceptance of their bids. If the bidder whose bid is believed erroneous 
does not grant such extension of time and a decision cannot be reached 
before expiration of the time for acceptance, even if handled by 
telegraph or telephone as provided in Sec. 101-45.803(d)(4), the bid 
shall be considered as originally submitted.
    (2) If the bidder verifies his bid, the sales contracting officer 
shall consider it as originally submitted.
    (3) Where the bidder furnishes evidence in support of an alleged 
mistake, the case shall be referred to the appropriate authority 
together with the following data:
    (i) All evidence furnished by the bidder.
    (ii) A copy of the bid and the invitation for bids.
    (iii) An abstract or record of the bids received.
    (iv) A written statement by the sales contracting officer setting 
forth--
    (a) The expiration date of the bid in question and of the other bids 
submitted;
    (b) Specific information as to how and when the mistake was alleged;

[[Page 467]]

    (c) Most recent contract price for a like item(s) involved, when 
sold, in what quantity, relative condition, etc.;
    (d) A summary of the evidence submitted by the bidder;
    (e) Any additional evidence considered pertinent, including copies 
of all correspondence between the sales contracting officer and the 
bidder concerning the alleged mistake; and
    (f) The course of action with respect to the bid that the sales 
contracting officer considers proper on the basis of the evidence.
    (4) When time is of the essence, because of the expiration of bids 
or otherwise, the sales contracting officer may refer the case by 
telegraph or telephone to the designated authority. Ordinarily, however, 
sales contracting officers will not refer mistake in bid cases to the 
designated authority by telegraph or telephone, particularly when the 
determinations set forth in paragraphs (a)(2) and (3) of this Sec. 101-
45.803 are applicable, since actual examination of the evidence is 
generally necessary to determine the proper action to be taken.
    (5) Where the bidder fails or refuses to furnish evidence in support 
of a suspected or alleged mistake, the sales contracting officer shall 
consider the bid as submitted unless there are indications of error so 
clear as reasonably to justify the conclusion that acceptance of the bid 
would be unfair to the bidder or to other bona fide bidders, in which 
case it may be rejected. This action will be cleared through counsel 
serving the cognizant sales contracting officer. The attempts made to 
obtain the information required and the action taken with respect to the 
bid shall be fully documented.
    (e) Nothing contained in this Sec. 101-45.803 shall deprive the 
Comptroller General of his statutory right to question the correctness 
of any administrative determination made hereunder nor deprive any 
bidder of his right to have the matter determined by the Comptroller 
General should he so request. All doubtful cases shall be submitted to 
the Comptroller General for advance decision in accordance with agency 
procedures.
    (f) Each agency shall maintain records of all administrative 
determinations made in accordance with this Sec. 101-45.803, the facts 
involved, and the action taken in each case. Copies of all such 
administrative determinations shall be included in the case file. Where 
a contract is awarded, the General Accounting Office copy of the 
contract, whenever filed, shall be accompanied by a signed copy of any 
related determination.

[32 FR 16270, Nov. 29, 1967, as amended at 42 FR 31455, June 21, 1977; 
42 FR 34881, July 7, 1977]



Sec. 101-45.804  Mistakes disclosed after award.

    (a) When a mistake in bid is not discovered until after the award, 
the mistake may be corrected by supplemental agreement if correcting the 
mistake would make the contract more favorable to the Government without 
changing the essential requirements of the contract.
    (b) In addition to the cases contemplated in Sec. 101-45.804(a), 
heads of executive agencies are authorized, under the circumstances set 
forth in Sec. 101-45.804(c), to make the administrative determinations 
described below in connection with mistakes in bids alleged or disclosed 
after award. This authority is in addition to that provided by Public 
Law 85-804 (50 U.S.C. 1431-1435) or that which may be otherwise 
available.
    (1) A contract may be rescinded in its entirety where the original 
total contract amount does not exceed $10,000.
    (2) A contract, irrespective of amount, may be reformed (i) by 
deleting the item or items involved in the mistake where the deletion 
does not reduce the contract amount by more than $10,000; or (ii) by 
decreasing the price where the resultant decrease in price does not 
exceed $10,000 and the reformed contract price is not less than that of 
the otherwise next high bid under the original invitation for bids.
    (c) Determinations under Sec. 101-45.804(b) may be made only on the 
basis of clear and convincing evidence that a mistake in bid was made, 
and either that the mistake was mutual or that the unilateral mistake 
made by the purchaser was so apparent as to have charged the sales 
contracting officer with notice of the probability of the

[[Page 468]]

mistake. If the evidence does not warrant a determination under 
paragraph (b)(1) or (2) of this Sec. 101-45.804, determination may be 
made that no change shall be made in the contract as awarded.
    (d) Heads of executive agencies may delegate to one central 
authority in their agencies, without power of redelegation, authority to 
make the determinations under this Sec. 101-45.804.
    (e) Each proposed determination shall be approved by the agency's 
General Counsel, Deputy or Associate General Counsel, an Assistant 
General Counsel, or other comparable legal officer.
    (f) Mistakes disclosed after award shall be processed as follows:
    (1) Whenever a mistake in bid is alleged or disclosed after award, 
the sales contracting officer shall advise the purchaser to support the 
alleged error by written statements and by all pertinent evidence, such 
as the purchaser's file copy of the bid, his original worksheets and 
other data used in preparing the bid, and any other evidence which will 
serve to establish the mistake, the manner in which it occurred, and the 
bid actually intended.
    (2) Where the purchaser furnishes evidence in support of an alleged 
mistake, the case shall be referred to the appropriate authority 
together with the following data:
    (i) All evidence furnished by the purchaser.
    (ii) A copy of the contract, including a copy of the bid.
    (iii) An abstract or record of the bids received.
    (iv) A written statement by the sales contracting officer setting 
forth--
    (a) Specific information as to how and when the mistake was alleged 
or disclosed;
    (b) A summary of the evidence submitted by the purchaser;
    (c) His opinion whether a bona fide mistake was made in the bid and 
whether he was, or should have been, on constructive notice of the 
mistake before the award, together with the reasons or data upon which 
his opinion is based;
    (d) Most recent contract price for a like item(s) involved, when 
sold, in what quantity, relative condition, etc.;
    (e) Any additional evidence considered pertinent, including copies 
of all relevant correspondence between the sales contracting officer and 
the purchaser concerning the alleged mistake;
    (f) The course of action with respect to the alleged mistake that 
the sales contracting officer considers proper on the basis of the 
evidence; and
    (g) The status of performance and payments under the contract, 
including contemplated performance and payments.
    (g) Nothing contained in this Sec. 101-45.804 shall deprive the 
Comptroller General of his statutory right to question the correctness 
of any administrative determination made hereunder nor deprive any 
purchaser of his right to have the matter determined by the Comptroller 
General should he so request.
    (h) Each agency shall maintain records of all administrative 
determinations made in accordance with this Sec. 101-45.804, the facts 
involved, and the action taken in each case. A copy of the determination 
shall be attached to each copy of any contract rescission or reformation 
resulting therefrom.
    (i) Where administrative determination is precluded by the 
limitations set forth in this section, the matter will be submitted to 
the Comptroller General for decision in accordance with agency 
procedures.
    (j) Nothing contained in this Sec. 101-45.804 prevents an agency 
from submitting doubtful cases to the Comptroller General.

[32 FR 16270, Nov. 29, 1967, as amended at 40 FR 59439, Dec. 24, 1975]



Sec. 101-45.805  Mistakes disclosed after award in negotiated sales.

    When a mistake in a purchaser's quotation is not discovered until 
after award, the authority to correct mistakes contained in this subpart 
101-45.8 may be utilized in accordance with the limitations and 
procedures set forth herein.

[35 FR 12121, July 29, 1970]

[[Page 469]]



    Subpart 101-45.9--Abandonment or Destruction of Personal Property

    Source: 65 FR 63549, Oct. 24, 2000, unless otherwise noted.



Sec. 101-45.900  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on the abandonment or destruction of personal 
property previously contained in this subpart, see 41 CFR part 102-36 
(Secs. 102-36.305 through 102-36.330).



             Subpart 101-45.10--Recovery of Precious Metals

    Source: 53 FR 16123, May 5, 1988, unless otherwise noted.



Sec. 101-45.1000  Scope of subpart.

    This subpart prescribes the policy and procedures for recovery of 
precious metals from articles of excess and surplus personal property.



Sec. 101-45.1001  General.

    GSA is responsible for the initiation and development of Government-
wide precious metals recovery programs, and for the issuance and 
administration of applicable contracts, except those issued and 
administered by DOD for precious metals recovery and refinement 
operations. Situations will occur where, in terms of economy, 
efficiency, and environmental quality, it is in the best interest of the 
Government to recover precious metals from articles of excess and 
surplus personal property instead of using other methods of disposal. 
GSA will determine when Government-wide recovery is appropriate on the 
basis of an evaluation of the supply-demand factor, the price of the 
commodity, the cost of recovering the precious metal, and applicable 
guidelines or regulations on pollution control.



Sec. 101-45.1002  Agency responsibilities.

    Heads of executive agencies are responsible for establishing, 
maintaining, and pursuing a program for recovery of precious metals. The 
provisions of this Sec. 101-45.1002 provide guidance with respect to 
surveys, assignments of program monitors, and internal audits. Precious 
metals that may be designated for recovery include gold, silver, and 
metals in the platinum family. Examples of silver bearing scrap and 
waste include used photographic fixing (hypo) solution, photographic and 
X-ray film, silver alloys, and dental scrap. Other examples of precious 
metals bearing materials include electronic scrap, ADPE, welding and 
brazing wire, anodes, and batteries. Certain strategic and critical 
materials may also be designated for recovery.

[62 FR 34013, June 24, 1997]



Sec. 101-45.1002-1  Precious metals recovery surveys.

    Each agency shall identify those activities that generate silver or 
other precious metals (including used hypo solution, scrap film, and 
other precious metals bearing materials). Activities identified as 
generating precious metals bearing materials shall be surveyed to obtain 
information regarding actual or potential precious metals recovery. 
Estimates of potential recovery may be obtained through use of testing 
papers for hypo solution; various charts, tables, and scales for scrap 
film, assays of samples of precious metals bearing materials; or other 
acceptable methods of estimating potential precious metals contents.



Sec. 101-45.1002-2  [Reserved]



Sec. 101-45.1002-3  Precious metals recovery program monitor.

    Each agency should designate an individual to monitor its precious 
metals recovery program. Responsibilities of the precious metals monitor 
should include conducting and initiating surveys; implementing and 
improving recovery procedures; and monitoring the agency's recovery 
program.

[62 FR 34013, June 24, 1997]



Sec. 101-45.1002-4  Internal audits.

    Each agency should require periodic internal audits of its precious 
metals recovery program. The internal audits should be of such frequency 
and scope as to provide for proper control over the recovery, storage, 
and disposition

[[Page 470]]

of precious metals bearing materials. Primary elements for review should 
include document control and record maintenance; storage facilities and 
security controls; methods of recovery and equipment operation; and 
procedures for recovering precious metals through service contracts or 
disposal through sales contracts.



Sec. 101-45.1003  Recovery of silver from precious metals bearing materials.

    (a) Each agency should recover silver regardless of the quantity of 
used hypo solution or scrap film generated. Installations of a silver 
recovery unit consistent with the quantity of used hypo solution 
generated or storage of used hypo solution or scrap film until a 
processible quantity is obtained are two alternatives. If an activity 
generates small quantities of hypo solution and tests show that there is 
a minimal amount of silver per gallon of solution, arrangements should 
be made, to the extent feasible, with another activity in the area which 
is using a recovery unit to receive and process the hypo solution. When 
the actual amount of silver recovered is substantially less than the 
estimated amount potentially recoverable, agencies should fully document 
the reason for the substantial difference.
    (b) When recovery by an agency is not economically feasible and 
consolidation with other activities is not practical, the regional GSA 
Federal Supply Service Bureau serving the area or the Defense Logistics 
Agency (DLA) (in accordance with Sec. 101-45.1004) should be contacted 
for assistance. If it is determined that silver recovery cannot be 
accomplished economically by Government-owned equipment or by a 
commercial recovery contractor, the hypo solution, scrap film, or other 
silver bearing materials should be disposed of in accordance with part 
101-45 in an environmentally acceptable manner.



Sec. 101-45.1003-1  Guidelines for the recovery of silver from used hypo solution and scrap film.

    The basic factors that determine the potential quantity of 
recoverable silver are: The amount of used hypo solution or scrap film 
generated; the amount and type of film processed; and the physical 
layout and available recovery equipment of the photographic facility. 
Since these factors may vary for each facility, a single method of 
recovery cannot be prescribed.



Sec. 101-45.1003-2  Recovery of silver from used hypo solution.

    Used hypo solution should be processed to recover the maximum amount 
of silver from the solution, consistent with overall economic 
feasibility and environmental considerations. Recovery can be effected 
either by Government-owned equipment or through use of commercial 
recovery contracts. Various types and sizes of equipment using metallic 
replacement or electrolytic methods of recovery are available which 
permit economic silver recovery from both large and small quantities of 
used hypo solution.



Sec. 101-45.1003-3  Recovery of silver from scrap film.

    Scrap film, the silver content of which varies according to the type 
of film and the degree of exposure, is a major source of recovered 
silver. One method of recovering silver from scrap film is by burning 
the film in specially designed and approved incinerators. The burning 
reduces the film to high content silver bearing ash which can be 
economically processed to produce fine silver. Recovery onsite by 
controlled burning should only be accomplished at those activities or 
installations where approved facilities exist and the local code on 
burning permits it. A common alternative method of recovery is through 
periodic disposal of accumulated scrap film by sale in accordance with 
part 101-45.



Sec. 101-45.1004  Recovery and use of precious metals through the DOD Precious Metals Recovery Program.

    Civil agencies may use the DOD Precious Metals Recovery Program as 
prescribed in Sec. 101-45.1004.



Sec. 101-45.1004-1  Civil agency participation in the DOD Precious Metals Recovery Program.

    (a) Civil agencies wishing to participate in the DOD precious metals 
recovery system should contact the Manager, DOD Precious Metals Recovery

[[Page 471]]

Program, Attention: DLA-MMLC, Fort Belvoir, VA 22060, for further 
information regarding the following plans:
    (1) Plan I. An appraisal or survey of the agency's precious metals 
recovery potential and a recommendation as to appropriate recovery 
techniques and equipment;
    (2) Plan II. DLA acceptance of photographic wastes, excess, and 
other precious metals bearing materials at Defense Reutilization and 
Marketing Offices (DRMO's) or other disposition sites;
    (3) Plan III. Disposition and shipping instructions for recovered 
precious metals bearing materials not authorized for acceptance at local 
DRMO's;
    (4) Plan IV. Assistance and recommendations as needed in the 
administration and operation of the agency's precious metals recovery 
program including an appraisal or survey of recovery potential; the 
furnishing of recovery and other supporting equipment; and the 
prescribing of procedures for the security and disposition of precious 
metals bearing materials. This plan will, in most cases, require a 
formal Memorandum of Understanding between DLA and the participating 
agency.
    (b) Services addressed in the above plans will be provided to the 
extent that DLA resources permit.
    (c) DLA will provide recovered fine precious metals to participating 
agencies (those generating precious metals bearing scrap for the DOD 
Precious Metals Recovery Program) for use as Government Furnished 
Materials (GFM) or other authorized internal uses in accordance with 
Sec. 101-45.1004-2.

[53 FR 16123, May 5, 1988, as amended at 62 FR 34013, June 24, 1997]



Sec. 101-45.1004-2  Use of DOD-recovered fine precious metals.

    To determine the need for recovered fine precious metals as GFM to 
reduce new procurement costs, each agency shall review procurements for 
which fine precious metals will be required by a contractor. Each agency 
having requirements for recovered fine precious metals as GFM or for 
other authorized internal uses should submit a request to the Commander, 
Defense Industrial Supply Center (DISC), Attention: DISC-OIBA/YC, 700 
Robbins Avenue, Philadelphia, Pennsylvania 19111-5096. Recovered fine 
precious metals will be provided to agencies for use as GFM or for other 
authorized internal uses on a ``as-needed-when-available'' basis. There 
is a nominal charge for the recovered fine precious metals. Normally, 
the amount of recovered fine precious metals authorized for issue to 
individual civil agencies will not be restricted, except in those 
instances when the precious metals involved are not available in 
sufficient quantities to satisfy all requirements. No minimum ordering 
quantity is prescribed. Requiring activities should contact DISC to 
assure asset availability prior to the requisitioning of any quantity of 
precious metal other than silver. Advance inquiries for silver should be 
made only when requirements exceed 5,000 troy ounces.

Subparts 101-45.11--101-45.46  [Reserved]



                       Subpart 101-45.47--Reports



Sec. 101-45.4700  Scope of subpart.

    This subpart prescribes the requirements for reporting to GSA on 
matters pertaining to the general subject area of disposal of personal 
property.

[42 FR 56027, Oct. 20, 1977]



Sec. 101-45.4701  [Reserved]



Sec. 101-45.4702  Negotiated sales reports.

    An annual report listing and describing any negotiated disposals of 
surplus personal property having an estimated fair market value of more 
than $5,000, other than disposals for which an explanatory statement has 
been transmitted (see Sec. 101-45.304-2(c)), shall be submitted by each 
Federal agency to GSA within 60 calendar days after the close of each 
fiscal year.

[54 FR 38676, Sept. 20, 1989]



                       Subpart 101-45.48--Exhibits



Sec. 101-45.4800  Scope of subpart.

    This subpart 101-45.48 exhibits information referenced in the text 
of part

[[Page 472]]

101-45 that is not suitable for inclusion elsewhere in that part.

[42 FR 40855, Aug. 12, 1977]



Sec. 101-45.4801  Instructions for the preparation of advance notice to the Department of Commerce.

    1. Transmittal of notice. Section 101-45.304-7 provides that when 
the acquisition cost of personal property to be sold at one time at one 
place is $250,000 or more, the disposal agency shall cause a notice of 
each such proposed sale to be transmitted to the U.S. Department of 
Commerce, room 1300, 433 West Van Buren Street, Chicago, Ill. 60607.
    The notice shall be sent at as early a date as possible in advance 
of the sale but at least 20 days prior to the date when the bids will be 
opened, or, in the case of spot bid or auction sale, when the sale will 
be conducted. Such notice shall be transmitted by fastest mail available 
and shall be in synopsis form suitable for printing direct from the text 
so transmitted without editing or condensing.
    These notices are for use of the Department of Commerce in making 
regular publication of a synopsis of principal proposed sales of 
Government personal property.
    2. Format and content of notice.
    a. Information to be furnished. The following information shall be 
provided in the order listed so as to preserve the format of the 
Department of Commerce publication: the name of the office which will 
issue the invitation; the name or title, address, and telephone number 
of the official from whom copies of the sales offering and other 
information can be obtained; a description of the property to be sold; 
when deemed desirable; the total estimated acquisition cost; the number 
of the invitation or sale; the date of the sale or bid opening, the 
types of sale, i.e., sealed bid, spot bid, or auction; and the 
location(s) of the property.
    b. Detailed requirements. In preparing the notice to the Department 
of Commerce, the utmost care should be exercised in describing the types 
of property to be sold in order to assure interest by the maximum number 
of potential buyers but, at the same time, condense the information so 
that minimum space in the Department of Commerce publication will be 
required for printing. While the various kinds of property to be sold 
should be stated concisely, the names of important items should not be 
omitted. The following example is provided as a guide, both as to the 
order in which the information should be given, the extent to which 
information should be condensed or expanded, depending upon the size of 
the sale, and the format which, if followed, will facilitate publication 
without editing. Attention is specially invited to the double spacing 
the ``hanging'' indention, and the length of the line which should be 
approximately 65, but not to exceed 69, character spaces.

                                 Example

    General Services Administration, Region 8, Business Service Center, 
Building 41, Denver Federal Center, Denver, Colo.
    Scrapers, Graders, Street Sweeper, Crawler Tractor, Air Compressors, 
Power Units, Cement Mixer--Total acquisition cost $269,850. Invitation 
No. 8 UPS-65-41--Bid opening 11-30-65. Sealed bid, location above.
    Motor vehicles, passenger cars and \3/4\-ton to 5-ton trucks, 
materials handling equipment, fork lift trucks and warehouse tractors, 
jack lift trucks, warehouse trailers, platform and box trucks, hand 
tools, hardware, plumbing equipment, special industry machinery, office 
machines, furniture, rope, cable chair and fittings, miscellaneous 
gasoline and water hose; burlap bags, barrier paper, pack saddles, tape 
and webbing, lanterns, spare parts for compressors, tractors, shovels, 
bulldozers, cranes, welding equipment, motor vehicles, air hammer diesel 
and gasoline engines--Total estimated acquisition cost $6 million; Sale 
No. 8UPS-A--65-44. Sale starts 12-15-65. Auction sale, location above.

[30 FR 2930, Mar. 6, 1965; 30 FR 3384, Mar. 13, 1965. Redesignated at 42 
FR 40855, Aug. 12, 1977]



Sec. 101-45.4802  Sample format--irrevocable letter of credit.

(Name and address of bank issuing letter of credit)
(Date)
(Number of letter of credit and reference)
Treasurer of the United States
Washington, DC 20220

    Dear Madam: We hereby establish our irrevocable letter of credit No. 
________ in your favor by order and for account of (name of company 
submitting bid) up to an aggregate amount of $________ available by 
demand drafts drawn on us by a representative of (specify agencies to 
which directed: e.g., Department of the Army, Department of the Air 
Force, General Services Administration). Drafts must be accompanied by a 
written statement of the interested agency that the amount drawn under 
this credit represents (1) the deposit required as a guarantee to 
support an acceptable bid made by (name of bidder) to purchase material 
from the Government, or (2) payment in full for the property. Drafts 
drawn under this credit must be marked ``drawn under letter of credit 
No. ________ of (name and address of issuing bank).''
    Unless otherwise expressly stated herein, this credit is subject to 
the Uniform Customs and Practice for Commercial Documentary 
Credits fixed by the 13th Congress of the

[[Page 473]]

International Chamber of Commerce. We hereby agree with you that the 
drafts drawn under and in compliance with the terms of this credit shall 
be duly honored on due presentation to the (name of the bank) if 
presented on or before ________.
    Very truly yours, (Authorized signature of bank official).

[59 FR 26739, May 24, 1994]



Sec. 101-45.4803  General instructions for preparation of irrevocable letter of credit.

    Use either clause (1) or (2) of Sec. 101-45.4802, as applicable.
    Some banks use language which varies from that shown in 
Sec. 101.45.4802. Variations from the prescribed text maybe permitted if 
the meaning of the letter of credit prepared by the bank is the same. 
Each of the paragraphs of the prescribed letter of credit is an 
essential part of the agreement. No paragraphs shall be added and none 
shall be deleted.
    A letter of credit may be addressed to a specific department or 
agency instead of ``Treasurer of the United States,'' letters of credit 
of this type shall be addressed to the head of the agency or department, 
as the Secretary of the Army, or the Administrator of General Services. 
Should this be done, the words ``Treasurer of the United States for the 
account of'' shall be deleted from the draft drawn under the letter of 
credit.
    Each letter of credit must be clearly irrevocable and is not 
acceptable if the expiration date stated therein is less than 30 days 
from the date of the sale at which it is used.

[59 FR 26739, May 24, 1994]



Sec. 101-45.4804  Sample format--draft drawn against irrevocable letter of credit.

                              Form of Draft

$______ Date____________________________________________________________
    At sight pay to the order of Treasurer of the United States for the 
account of (specify name of department or agency). ______dollars and 
______ cents for value received--drawn under letter of credit No. ______ 
of ______

                                      (Name and address of issuing bank)

To______________________________________________________________________
                                              (Name and address of bank)
(Name of office--finance or disbursing--and activity of department or 
agency by which draft is issued.)

By______________________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________

    Note: If the letter of credit is addressed to a department or agency 
rather than the Treasurer, omit the words ``Treasurer of the United 
States for the account of,'' and in lieu thereof insert the name of the 
particular department or agency or installation or office thereof.

[30 FR 2930, Mar. 6, 1965. Redesignated at 42 FR 40855, Aug. 12, 1977]



Sec. 101-45.4805  Sample format--transmittal letter to accompany letter of credit.

                           Official Letterhead

To: Name of bank (same as on L/C).
Gentlemen:
    This is to certify that on ____, 196__, at a sale held by the 
(insert the name of the department or agency) at (insert location) the 
(insert name and address of company) submitted acceptable bids for 
property at sales price of $______.
    The amount of the accompanying draft, $________, drawn under letter 
of credit No. ____ represents (1) the deposit of ____ percent of the 
sales price required as a guarantee to support the acceptable bid made 
by (insert name of company) to purchase material from the Government, or 
(2) payment in full for the property on which (insert name of company) 
submitted acceptable bids.
(Name of office--finance or disburing--and activity of department or 
agency to which check is to be forwarded.)
By______________________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
    Note: Strike out the clause in the second paragraph which is not 
applicable.

[30 FR 2930, Mar. 6, 1965. Redesignated at 42 FR 40855, Aug. 12, 1977]



Sec. 101-45.4806  Outline for preparation of explanatory statement relative to negotiated sales.

    The following outline shall be used for the preparation of 
explanatory statements relative to negotiated sales:

    Explanation Statement of Proposed Negotiated Disposal of Surplus 
   Personal Property Submitted Pursuant to the Provisions of Section 
  203(e)(6) of the Federal Property and Administrative Services Act of 
          1949, 63 Stat. 386, as Amended (40 U.S.C. 484(c)(6))

    Description of property (including quantity and condition).
    Use of property (an indication of the use of the property made by 
the Government).
    Location.
    Reported excess by (name of agency and date).
    Excess and donation screening (show the extent of screening and 
results).

[[Page 474]]

    Acquisition cost and date (if not known, estimate and so indicate).
    Income (all income known to the holding agency, if any received by 
the Government for use of the property).
    Estimated fair market value (including date of estimate and name of 
estimator).
    Proposed disposal price.
    Proposed purchaser (name and address).
    Intended use (state the intended use of the property by the proposed 
purchaser).
    Justification (a narrative statement containing complete 
justification for the proposed sale and other pertinent facts involved 
in the Government's decision to sell by negotiation).

[31 FR 5001, Mar. 26, 1966. Redesignated at 42 FR 40855, Aug. 12, 1977]



Sec. 101-45.4807  [Reserved]



Sec. 101-45.4808  State health agencies.

    State Health Agencies (for Bedding and Upholstered Furniture 
Information).

                                 Alabama

Director, Division of Environmental Health, State Office Building, 
Montgomery, AL 36104.

                                 Alaska

Chief, Environmental Health Section, Division of Public Health, 
Department of Health and Social Services, Pouch H 01, Juneau, AK 99811.

                                 Arizona

Arizona Department of Health Services, Bureau of Sanitation, Bedding 
Section, 411 North 24th Street, Phoenix, AZ 85008.

                                Arkansas

Bureau of Public Health Engineering, Arkansas Department of Health, 13th 
Floor, Donaghey Building, 7th and Main Streets, Little Rock, AR 72201.

                               California

Chief, Bureau of Home Furnishings, State of California, Department of 
Home Furnishings, 3401 La Grande Boulevard, Sacramento, CA 95823.

                                Colorado

Chief, Consumer Protection Section, State of Colorado, Department of 
Health, 4210 East 11th Avenue, Denver, CO 80220.

                               Connecticut

Commissioner, Department of Consumer Protection, Division of Bedding and 
Upholstered Furniture, 165 Capitol Avenue, Hartford, CT 06115.

                                Delaware

Chief, Bureau of Environmental Health, Department of Health and Social 
Services, Division of Public Health, Post Office Box 637, Dover, DE 
19901.

                          District of Columbia

Environmental Health Scientist, Administrator, Room 733, Environmental 
Health Administration, 801 North Capitol Street, NE., Washington, DC 
20001.

                                 Florida

Chief, Department of Health and Rehabilitative Services, Consumer Drugs 
and Devices Control Section, Post Office Box 210, Jacksonville, FL 
32201.

                                 Georgia

Director, Consumer Protection Field Forces, Georgia Department of 
Agriculture, 19 Martin Luther King Drive, Room 308, Atlanta, GA 30334.

                                 Hawaii

Chief, Sanitation Branch, State Department of Health, Honolulu, HI 
96813.

                                  Idaho

Chief, Idaho Department of Health and Welfare, Division of Environment, 
Milk and Food Section, Statehouse, Boise, ID 83720.

                                Illinois

No need to notify.

                                 Indiana

Supervisor, Sanitary Bedding Section, Division of Weights and Measures, 
Indiana State Board of Health, 1330 West Michigan Street, Indianapolis, 
IN 46206.

                                  Iowa

Secretary, Iowa State Department of Agriculture, State Capitol Building, 
Des Moines, IA 50319.

                                 Kansas

Chief, Food and Drug Division, Kansas State Department of Health and 
Environment, State Office Building, Topeka, KS 66620.

                                Kentucky

Commissioner, Environmental Sanitation Branch, Division of Consumer 
Health Protection, Health Services Building, 275 East Main Street, 
Frankfort, KY 40601.

                                Louisiana

Director, Bedding and Upholstered Furniture Division, Louisiana Health 
and Human Resources Administration, Post Office Box 60630, New Orleans, 
LA 70160.

[[Page 475]]

                                  Maine

Director, Department of Manpower Affairs, Maine Bureau of Labor, State 
Office Building, Augusta, ME 04333.

                                Maryland

No need to notify.

                              Massachusetts

Director, Division of Food and Drugs, Massachusetts Department of Public 
Health, Statehouse, Boston, MA 02133.

                                Michigan

Chief, Michigan Department of Public Health, Division of Community 
Environment Health, Consultation, Evaluation & Training Section, 3500 
North Logan Street, Post Office Box 30035, Lansing, MI 48909.

                                Minnesota

Chief, Section of Hotels, Resorts & Restaurants, Minnesota Department of 
Health, 77 South East Delaware Street, Minneapolis, MN 55440.

                               Mississippi

Director, Division of Sanitary Engineering, Mississippi State Board of 
Health, Post Office Box 1700, Jackson, MS 39205.

                                Missouri

Director, Bureau of Community Sanitation, Department of Social Services, 
Missouri Division of Health, Broadway State Office Building, Post Office 
Box 570, Jefferson City, MO 65101.

                                 Montana

Director, Food and Consumer Safety Bureau, Environmental Sciences 
Division, Montana Department of Health and Environmental Science, 
Helena, MT 59601.

                                Nebraska

Chief, Division of Housing and Environmental Health, 301 Centennial Mall 
South, Post Office Box 95007, Lincoln, NE 68509.

                                 Nevada

Chief, Consumer Health Protection Serv- ices, Room 103, Kinkead 
Building, Capitol Complex, Carson City, NV 89710.

                              New Hampshire

No need to notify.

                               New Jersey

Director, Division of Environmental Health, New Jersey State Department 
of Health and Social Services, John Fitch Plaza, Post Office Box 1540, 
Trenton, NJ 08625.

                               New Mexico

Director, EIA Legal Section, State of New Mexico, Health and Social 
Services Department, Post Office Box 2348, Santa Fe, NM 87503.

                                New York

Director, Division of Licensing Services, Department of State, 270 
Broadway, New York, NY 10007.

                             North Carolina

Head, Solid Waste and Vector Control Branch, Sanitary Engineering 
Section, Post Office Box 2091, Raleigh, NC 27602.

                              North Dakota

Chief, North Dakota State Department of Health, Division of 
Environmental Engineering Bedding Program, 1200 Missouri Avenue, 
Bismarck, ND 58505.

                                  Ohio

Chief, Department of Industrial Relations, Division of Bedding and 
Upholstered Furniture Inspection, Post Office Box 825, Columbus, OH 
43216.

                                Oklahoma

Head, Consumer Information and Product Safety Division, Consumer 
Protection Service, Oklahoma State Department of Health, Post Office Box 
53551, Oklahoma City, OK 73105.

                                 Oregon

Program Supervisor, Department of Human Resources, Health Division, Post 
Office Box 231, Portland, OR 97207.

                              Pennsylvania

Chief, Division of Bedding and Upholstery, Department of Labor and 
Industry, Seventh and Forster Streets, Harrisburg, PA 17120.

                               Puerto Rico

Director, Program of Environmental Health, Puerto Rico Department of 
Health, Ponce de Leon Avenue 1306, Box 9342, Santurce, PR 00908.

                              Rhode Island

Chief, Division of Upholstery, State of Rhode Island Department of 
Business Regulation, 49 Westminster Street, Room 420, Providence, RI 
02903.

                             South Carolina

Consultant, Bureau of Environmental Sanitation, South Carolina 
Department of Health and Environmental Control, 2600 Bull Street, 
Columbia, SC 29201.

[[Page 476]]

                              South Dakota

Director, Division of Sanitary Engineering, South Dakota Department of 
Health, Joe Foss Building, Pierre, SD 57501.

                                Tennessee

Director, Food and Drug Division, Tennessee Department of Agriculture, 
Post Office Box 40627, Melrose Station, Nashville, TN 37204.

                                  Texas

Director, Bedding-Law Division, Texas Department of Health Resources, 
Austin, TX 78756.

                                  Utah

State Chemists Office, Utah Department of Agriculture, Laboratory 
Building, State Capitol, Salt Lake City, UT 84114.

                                 Vermont

No need to notify.

                                Virginia

Supervisor, Bedding and Upholstered Furniture, Department of Health, 109 
Governor Street, Richmond, VA 23219.

                             Virgin Islands

Director, Division of Environmental Health, Virgin Islands Department of 
Health, Post Office Box 1442, Charlotte Amalie, VI 00801.

                               Washington

Supervisor, Department of Social and Health Services, Food and Housing 
Section, Attn: Furniture and Bedding Program (Mailstop)-MS-LD-11, 
Olympia, WA 98504.

                              West Virginia

Director, Consumer Protection, West Virginia Department of Labor, State 
Capitol, 1800 Washington Street East, Charleston, WV 25305.

                                Wisconsin

Chief Engineer, Safety and Buildings Division, Wisconsin Department of 
Industry, Labor and Human Relations, 201 East Washington Avenue, 
Madison, WI 53707.

                                 Wyoming

Director, Division of Markets and Industry, Wyoming State Department of 
Agriculture, 308 Capitol, Cheyenne, WY 82001.

[43 FR 26579, June 21, 1978]



                Subpart 101-45.49--Illustrations of Forms

    Source: 42 FR 40857, Aug. 12, 1977, unless otherwise noted.

    Editorial Note: The forms illustrated in subpart 101-45.49 are filed 
as part of the original document.



Sec. 101-45.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in part 101-45.



Sec. 101-45.4901  Standard forms.

    (a) Standard forms illustrated in this section show their text, 
format, and arrangement, and provide a ready source of reference.
    (b) Standard forms illustrated in this Sec. 101-45.4901 may be 
obtained by submitting a requisition in FEDSTRIP/MILSTRIP format to the 
GSA regional office providing support to the requesting activity.



Sec. 101-45.4901-28  Standard Form 28, Affidavit of Individual Surety.

      



Sec. 101-45.4901-97  Standard Form 97, The United States Government Certificate to Obtain Title to a Vehicle.

      



Sec. 101-45.4901-97-1  Instructions for use of Standard Form 97.

      



Sec. 101-45.4901-114  Standard Form 114, Sale of Government Property--Bid and Award.

      



Sec. 101-45.4901-114A  Standard Form 114A, Sale of Government Property--Item Bid Page--Sealed Bid.

      



Sec. 101-45.4901-114B  Standard Form 114B, Sale of Government Property--Item Bid Page--Sealed Bid.

      

[[Page 477]]



Sec. 101-45.4901-114C  Standard Form 114C, Sale of Government Property--General Sale Terms and Conditions.

      



Sec. 101-45.4901-114C-1  Standard Form 114C-1, Sale of Government Property--Special Sealed Bid Conditions.

      



Sec. 101-45.4901-114C-2  Standard Form 114C-2, Sale of Government Property--Special Sealed Bid--Term Conditions.

      



Sec. 101-45.4901-114C-3  Standard Form 114C-3, Sale of Government Property--Special Spot Bid Conditions.

      



Sec. 101-45.4901-114C-4  Standard Form 114C-4, Sale of Government Property--Special Auction Conditions.

      



Sec. 101-45.4901-114D  Standard Form 114D, Sale of Government Property--Amendment of Invitation for Bids/Modification of Contract.

      



Sec. 101-45.4901-114E  Standard Form 114E, Sale of Government Property--Negotiated Sales Contract.

      



Sec. 101-45.4901-114F  Standard Form 114F, Sale of Government Property--Item Bid Page--Spot Bid or Auction.

      



Sec. 101-45.4901-126  Standard Form 126, Report of Personal Property for Sale.

      



Sec. 101-45.4901-126A  Standard Form 126A, Report of Personal Property for Sale (Continuation Sheet).

      



Sec. 101-45.4901-150  Standard Form 150, Deposit Bond--Individual Invitation, Sale of Government Personal Property.

      



Sec. 101-45.4901-151  Standard Form 151, Deposit Bond--Annual, Sale of Government Personal Property.

      



Sec. 101-45.4902  GSA forms.

    (a) GSA forms in this section show their text, format, and 
arrangement and provide a ready source of reference.
    (b) GSA forms in this section may be obtained initially from the 
General Service Administration, National Forms and Publications Center, 
4900 South Hemphill Street, Warehouse No. 4, Dock No. 1, Fort Worth, 
Texas 76115. Agency regional or field offices should submit future 
requirements to their Washington headquarters office which will forward 
consolidated annual requirements to the General Services Administration 
(CAIR), Washington, DC 20405.

[42 FR 40857, Aug. 12, 1977, as amended at 53 FR 16125, May 5, 1988]



Sec. 101-45.4902-27  GSA Form 27, Notice of Award (Sale of Government-Owned Personal Property).



Sec. 101-45.4902-27A  GSA Form 27A, Notice of Award--Continuation.



Sec. 101-45.4903  Optional forms.

    Optional forms illustrated in this Sec. 101-45.4903 show their text, 
format, and arrangement and provide a ready source of reference. The 
numbers in this subsection correspond with the Optional form numbers. 
Optional forms illustrated in this Sec. 101-45.4903 may be obtained by 
submitting a requisition in FEDSTRIP/MILSTRIP format to the GSA regional 
office providing support to the requesting activity.

[[Page 478]]



Sec. 101-45.4903-15  Optional Form 15, poster, Sale of Government Property.



Sec. 101-45.4903-16  Optional Form 16, Sales Slip, Sale of Government Personal Property.



Sec. 101-45.4903-20  Optional Form 20, Notice to Surety--Deposit Bond--Annual Sale of Government Personal Property.



PART 101-46--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE EXCHANGE/SALE AUTHORITY--Table of Contents




Sec.
101-46.000  Why should executive agencies use the exchange/sale 
          authority?
101-46.001  What is prescribed by this part?
101-46.002  What are the definitions of some of the key terms used in 
          this part?
101-46.002-1  Acquire.
101-46.002-2  Combat material.
101-46.002-3  Exchange.
101-46.002-4  Exchange/sale.
101-46.002-5  Executive agency.
101-46.002-6  Federal agency.
101-46.002-7  Historic item.
101-46.002-8  Replacement.
101-46.002-9  Similar.
101-46.003  How do you request deviations from this part, and who can 
          approve them?

Subpart 101-46.1  [Reserved]

            Subpart 101-46.2--Exchange or Sale Determination

101-46.200  How do you determine whether to do an exchange or a sale?
101-46.201  When must you make a reimbursable transfer to another 
          Federal agency?
101-46.202  To what other organizations may you make a reimbursable 
          transfer?
101-46.203  What are the conditions for a reimbursable transfer?
101-46.204  What prohibitions and necessary conditions apply to the 
          exchange/sale of personal property?
101-46.205  What special exceptions apply to the exchange/sale 
          authority?

                 Subpart 101-46.3--Exchange/Sale Methods

101-46.300  What are the exchange methods?
101-46.301  What are the sales methods?
101-46.302  What are the accounting requirements for the proceeds of 
          sale?

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

    Source: 63 FR 5893, Feb. 5, 1998, unless otherwise noted.



Sec. 101-46.000  Why should executive agencies use the exchange/sale authority?

    To reduce the agencies' need for additional funding for the 
acquisition of replacement personal property. If an agency has personal 
property that needs to be replaced, it can exchange or sell that 
property and apply the exchange allowance or sales proceeds to the 
acquisition of similar replacement property. Using the exchange/sale 
authority also enables agencies to avoid the costs (e.g., administrative 
and storage) associated with holding the property and processing it 
through the normal disposal cycle, i.e., reutilization by other Federal 
agencies, donation to eligible non-Federal public or non-profit 
organizations, sale to the public, or abandonment or destruction. By 
contrast, if the holding agency does not use the exchange/sale authority 
but instead reports the property to be replaced as excess, any sales 
proceeds are forwarded to the miscellaneous receipts account at the 
United States Treasury and are not available to the agency disposing of 
the property.



Sec. 101-46.001  What is prescribed by this part?

    Provisions for use by you (an executive agency) when using the 
exchange/sale authority of section 201(c) of the Federal Property and 
Administrative Services Act of 1949, 63 Stat. 384, as amended (40 U.S.C. 
481(c)). This part applies to all personal property owned by executive 
agencies worldwide. For the exchange/sale of aircraft parts and 
hazardous materials, you must meet the requirements in this part and in 
parts 101-37 and 101-42 of this chapter, respectively.



Sec. 101-46.002  What are the definitions of some of the key terms used in this part?



Sec. 101-46.002-1  Acquire.

    To procure or otherwise obtain personal property, including by 
lease.

[[Page 479]]



Sec. 101-46.002-2  Combat material.

    Arms, ammunition, and implements of war listed in the U.S. munitions 
list (22 CFR part 121).



Sec. 101-46.002-3  Exchange.

    To replace personal property by trade or trade-in with the supplier 
of the replacement property.



Sec. 101-46.002-4  Exchange/sale.

    To exchange or sell non-excess, non-surplus personal property and 
apply the exchange allowance or proceeds of sale in whole or in part 
payment for the acquisition of similar property.



Sec. 101-46.002-5  Executive agency.

    Any executive department or independent establishment in the 
executive branch of the Government, including any wholly owned 
Government corporation.



Sec. 101-46.002-6  Federal agency.

    Any executive agency or any establishment in the legislative or 
judicial branch of the Government (except the Senate, the House of 
Representatives, and the Architect of the Capitol and any activities 
under his/her direction).



Sec. 101-46.002-7  Historic item.

    Property having added value for display purposes because its 
historical significance is greater than its fair market value for 
continued use. Items that are commonly available and remain in use for 
their intended purpose, such as military aircraft still in use by active 
or reserve units, are not historic items.



Sec. 101-46.002-8  Replacement.

    The process of acquiring property to be used in place of property 
which is still needed but will no longer adequately perform all the 
tasks for which it is used.



Sec. 101-46.002-9  Similar.

    Where the acquired item and replaced item:
    (a) Are identical; or
    (b) Are designed and constructed for the same purpose; or
    (c) Both constitute parts or containers for identical or similar end 
items; or
    (d) Both fall within a single Federal Supply Classification (FSC) 
group of property that is eligible for handling under the exchange/sale 
authority.



Sec. 101-46.003  How do you request deviations from this part, and who can approve them?

    (a) General provisions for deviations from the Federal Property 
Management Regulations are found in Sec. 101-1.110 of this chapter. 
Provisions for deviations from the regulations in this part are 
presented in this section.
    (b) To request deviations from this part, you must submit a complete 
written justification to the General Services Administration (GSA), 
Office of Governmentwide Policy, Office of Transportation and Personal 
Property (MT), Washington, DC 20405. Only the Administrator of General 
Services (or designee) may grant deviations. Although the Administrator 
can approve deviations from most of the provisions in this part, he/she 
cannot approve deviations from provisions that are mandated by statute, 
i.e., the requirement at 101-46.204(b)(1) that the property exchanged or 
sold is similar to the property acquired, and the requirement at 101-
46.204(b)(2) that the property exchanged or sold is not excess or 
surplus.

Subpart 101-46.1  [Reserved]



            Subpart 101-46.2--Exchange or Sale Determination



Sec. 101-46.200  How do you determine whether to do an exchange or a sale?

    (a) You must determine which method--exchange or sale--will provide 
the greater return for the Government. When estimating the return under 
each method, consider all administrative and overhead costs.
    (b) If the exchange allowance or estimated sales proceeds for 
property would be unreasonably low, you should process the property 
according to the regulations in Part 101-43 (Utilization of Personal 
Property) or Subpart 101-45.9 (Abandonment or Destruction of

[[Page 480]]

Personal Property) of this subchapter, as applicable.



Sec. 101-46.201  When must you make a reimbursable transfer to another Federal agency?

    If you have property to replace which is eligible for exchange/sale, 
you should, to the maximum extent practicable, first solicit Federal 
agencies known to use or distribute such property and, if an agency 
wants it, arrange for a reimbursable transfer. Property that meets the 
replacement standards prescribed in subpart 101-25.4 of this chapter is 
not subject to this requirement.



Sec. 101-46.202  To what other organizations may you make a reimbursable transfer?

    The Senate, the House of Representatives, the Architect of the 
Capitol and any activities under the Architect's direction, the District 
of Columbia, and mixed-ownership Government corporations.



Sec. 101-46.203  What are the conditions for a reimbursable transfer?

    When transferring property, you must:
    (a) Do so under terms mutually agreeable to you and the recipient; 
and
    (b) Not require reimbursement of an amount greater than the 
estimated fair market value of the transferred property; and
    (c) Apply the transfer proceeds in whole or part payment for 
property acquired to replace the transferred property.



Sec. 101-46.204  What prohibitions and necessary conditions apply to the exchange/sale of personal property?

    (a) You must not use the exchange/sale authority for:
    (1) The following FSC groups of personal property:

10  Weapons.
11  Nuclear ordnance.
12  Fire control equipment.
14  Guided missiles.
15  Aircraft and airframe structural components, except FSC class 1560 
          Airframe Structural Components.
42  Firefighting, rescue, and safety equipment.
44  Nuclear reactors (FSC class 4472 only).
51  Hand tools.
54  Prefabricated structure and scaffolding.
68  Chemicals and chemical products, except medicinal chemicals.
71  Furniture.
84  Clothing, individual equipment, and insignia.

    (2) Materials in the National Defense Stockpile (50 U.S.C. 98-98h) 
or the Defense Production Act inventory (50 U.S.C. App. 2093).
    (3) Nuclear Regulatory Commission-controlled materials unless you 
meet the requirements of Sec. 101-42.1102-4 of this subchapter.
    (4) Controlled substances, unless you meet the requirements of 
Sec. 101-42.1102-3 of this subchapter.
    (5) Scrap materials, except in the case of scrap gold for fine gold.
    (6) Property which was originally acquired as excess or forfeited 
property or from another source other than new procurement, unless such 
property has been in official use by the acquiring agency for at least 1 
year. You may exchange or sell forfeited property in official use for 
less than 1 year if the head of your agency determines that a continuing 
valid requirement exists, but the specific item in use no longer meets 
that requirement, and that exchange or sale meets all other requirements 
of this part.
    (7) Property that is dangerous to public health or safety without 
first rendering such property innocuous or providing for adequate 
safeguards as part of the exchange/sale.
    (8) Combat material without demilitarizing it in accordance with 
applicable regulations.
    (9) Flight Safety Critical Aircraft Parts unless you meet the 
provisions of Sec. 101-37.610 of this chapter.
    (10) Acquisition of unauthorized replacement property.
    (11) Acquisition of replacement property which violates:
    (i) Any restriction on procurement of a commodity or commodities; or
    (ii) Any replacement policy or standard prescribed by the President, 
the Congress, or the Administrator of General Services; or
    (iii) Any contractual obligation.
    (b) You may use the exchange/sale authority only if you meet all of 
the following conditions:

[[Page 481]]

    (1) The property exchanged or sold is similar to the property 
acquired; and
    (2) The property exchanged or sold is not excess or surplus, and the 
property acquired is needed for approved programs; and
    (3) The number of items acquired must equal the number of items 
exchanged or sold unless:
    (i) The item(s) acquired perform all or substantially all of the 
tasks for which the item(s) exchanged or sold would otherwise be used; 
or
    (ii) The item(s) acquired and the item(s) exchanged or sold meet the 
test for similarity specified at Sec. 101-46.002-9(iii) in that they are 
a part(s) or container(s) for identical or similar end items; and
    (4) The property exchanged or sold was not acquired for the 
principal purpose of exchange or sale; and
    (5) You document at the time of exchange or sale (or at the time of 
acquisition if it precedes the sale):
    (i) That the exchange allowance or sale proceeds will be applied to 
the acquisition of replacement property; and
    (ii) For any property exchanged or sold under this part, the 
pertinent Federal Supply Classification (FSC) Group, the number of 
items, the original acquisition cost, the exchange allowance or sales 
proceeds (as applicable), and the source from which the property was 
originally acquired i.e., new procurement, excess, forfeiture, or 
another source other than new procurement. These data, aggregated at the 
agency level, may be requested by GSA to evaluate use of the exchange/
sale authority.



Sec. 101-46.205  What special exceptions apply to the exchange/sale authority?

    (a) You may exchange books and periodicals in your libraries for 
other books and periodicals, without monetary appraisal or detailed 
listing or reporting.
    (b) In acquiring items for historical preservation or display at 
Federal museums, you may exchange historic items in the museum property 
account without regard to the FSC group or the requirement in Sec. 101-
46.204(b)(3), provided the exchange transaction is documented and 
certified by the head of your agency to be in the best interests of the 
Government and all other provisions of this part are met. The 
documentation must contain a determination that the item exchanged and 
the item acquired are historic items.



                 Subpart 101-46.3--Exchange/Sale Methods



Sec. 101-46.300  What are the exchange methods?

    Exchange of property may be accomplished by either of the following 
two methods:
    (a) The supplier (e.g., a Government agency, commercial or private 
organization, or an individual) delivers the replacement property to one 
of your organizational units and removes the property being replaced 
from that same organizational unit. This is the normal manner of 
exchange.
    (b) The supplier delivers the replacement property to one of your 
organizational units and removes the property being replaced from a 
different organizational unit.



Sec. 101-46.301  What are the sales methods?

    (a) You must use the methods, terms, and conditions of sale, and the 
forms prescribed in Sec. 101-45.304 of this subchapter in the sale of 
property being replaced, except that the provisions of Sec. 101-45.304-
2(a) of this subchapter regarding negotiated sales are not applicable. 
Section 3709, Revised Statutes (41 U.S.C. 5), specifies the following 
conditions under which property being replaced can be sold by 
negotiation, subject to obtaining such competition as is feasible:
    (1) The reasonable value involved in the contract does not exceed 
$500, or
    (2) Otherwise authorized by law.
    (b) You may sell property being replaced by negotiation at fixed 
prices in accordance with the provisions of Sec. 101-45.304-2(b) of this 
subchapter.



Sec. 101-46.302  What are the accounting requirements for the proceeds of sale?

    Except as otherwise authorized by law, you must account for proceeds 
from sales of personal property disposed of under this part in 
accordance

[[Page 482]]

with the General Accounting Office Policy and Procedures Manual for 
Guidance of Federal Agencies, Title 7, Fiscal Procedures, Section 5.5D.



PART 101-47--UTILIZATION AND DISPOSAL OF REAL PROPERTY--Table of Contents




Sec.
101-47.000  Scope of part.

                  Subpart 101-47.1--General Provisions

101-47.100  Scope of subpart.
101-47.101  Applicability.
101-47.102  [Reserved]
101-47.103  Definitions.
101-47.103-1  Act.
101-47.103-2  GSA.
101-47.103-3  Airport.
101-47.103-4  [Reserved]
101-47.103-5  Decontamination.
101-47.103-6  Disposal agency.
101-47.103-7  Holding agency.
101-47.103-8  Industrial property.
101-47.103-9  Landing area.
101-47.103-10  Management.
101-47.103-11  Protection.
101-47.103-12  Real property.
101-47.103-13  Related personal property.
101-47.103-14  Other terms defined in the Act.
101-47.103-15  Other terms.

          Subpart 101-47.2--Utilization of Excess Real Property

101-47.200  Scope of subpart.
101-47.201  General provisions of subpart.
101-47.201-1  Policy.
101-47.201-2  Guidelines.
101-47.201-3  Lands withdrawn or reserved from the public domain.
101-47.201-4  Transfers under other laws.
101-47.202  Reporting of excess real property.
101-47.202-1  Reporting requirements.
101-47.202-2  Report forms.
101-47.202-3  Submission of reports.
101-47.202-4  Exceptions to reporting.
101-47.202-5  Reporting after submissions to the Congess.
101-47.202-6  Reports involving the public domain.
101-47.202-7  Reports involving contaminated property.
101-47.202-8  Notice of receipt.
101-47.202-9  Expense of protection and maintenance.
101-47.202-10  Examination for acceptability.
101-47.203  Utilization.
101-47.203-1  Reassignment of real property by the agencies.
101-47.203-2  Transfer and utilization.
101-47.203-3  Notification of agency requirements.
101-47.203-4  Real property excepted from reporting.
101-47.203-5  Screening of excess real property.
101-47.203-6  Designation as personal property.
101-47.203-7  Transfers.
101-47.203-8  Temporary utilization.
101-47.203-9  Non-Federal interim use of property.
101-47.203-10  Withdrawals.
101-47.204  Determination of surplus.
101-47.204-1  Reported property.
101-47.204-2  Property excepted from reporting.

            Subpart 101-47.3--Surplus Real Property Disposal

101-47.300  Scope of subpart.
101-47.301  General provisions of subpart.
101-47.301-1  Policy.
101-47.301-2  Applicability of antitrust laws.
101-47.301-3  Disposals under other laws.
101-47.301-4  Credit disposals and leases.
101-47.302  Designation of disposal agencies.
101-47.302-1  General.
101-47.302-2  Holding agency.
101-47.302-3  General Services Administration.
101-47.303  Responsibility of disposal agency.
101-47.303-1  Classification.
101-47.303-2  Disposals to public agencies.
101-47.303-2a  Notice for zoning purposes.
101-47.303-3  Studies.
101-47.303-4  Appraisal.
101-47.304  Advertised and negotiated disposals.
101-47.304-1  Publicity.
101-47.304-2  Soliciting cooperation of local groups.
101-47.304-3  Information to interested persons.
101-47.304-4  Invitation for offers.
101-47.304-5  Inspection.
101-47.304-6  Submission of offers.
101-47.304-7  Advertised disposals.
101-47.304-8  [Reserved]
101-47.304-9  Negotiated disposals.
101-47.304-10  Disposals by brokers.
101-47.304-11  Documenting determinations to negotiate.
101-47.304-12  Explanatory statements.
101-47.304-13  Provisions relating to asbestos.
101-47.304-14  Provisions relating to hazardous substance activity.
101-47.305  Acceptance of offers.
101-47.305-1  General.
101-47.305-2  Equal offers.
101-47.305-3  Notice to unsuccessful bidders.
101-47.306  Absence of acceptable offers.
101-47.306-1  Negotiations.
101-47.306-2  Defense Industrial Reserve properties.
101-47.307  Conveyances.
101-47.307-1  Form of deed or instrument of conveyance.

[[Page 483]]

101-47.307-2  Conditions in disposal instruments.
101-47.307-3  Distribution of conformed copies of conveyance 
          instruments.
101-47.307-4  Disposition of title papers.
101-47.307-5  Title transfers from Government corporations.
101-47.307-6  Proceeds from disposals.
101-47.308  Special disposal provisions.
101-47.308-1  Power transmission lines.
101-47.308-2  Property for public airports.
101-47.308-3  Property for use as historic monuments.
101-47.308-4  Property for educational and public health purposes.
101-47.308-5  [Reserved]
101-47.308-6  Property for providing self-help housing or housing 
          assistance.
101-47.308-7  Property for use as public park or recreation areas.
101-47.308-8  Property for displaced persons.
101-47.308-9  Property for correctional facility, law enforcement, or 
          emergency management response purposes.
101-47.308-10  Property for port facility use.
101-47.309  Disposal of leases, permits, licenses, and similar 
          instruments.
101-47.310  Disposal of structures and improvements on Government-owned 
          land.
101-47.311  Disposal of residual personal property.
101-47.312  Non-Federal interim use of property.
101-47.313  Easements.
101-47.313-1  Disposal of easements to owner of servient estate.
101-47.313-2  Grants of easements in or over Government property.
101-47.314  Compliance.
101-47.314-1  General.
101-47.314-2  Extent of investigations.

    Subpart 101-47.4--Management of Excess and Surplus Real Property

101-47.400  Scope of subpart.
101-47.401  General provisions of subpart.
101-47.401-1  Policy.
101-47.401-2  Definitions.
101-47.401-3  Taxes and other obligations.
101-47.401-4  Decontamination.
101-47.401-5  Improvements or alterations.
101-47.401-6  Interim use and occupancy.
101-47.402  Protection and maintenance.
101-47.402-1  Responsibility.
101-47.402-2  Expense of protection and maintenance.
101-47.403  Assistance in disposition.

Subpart 101-47.5--Abandonment, Destruction, or Donation to Public Bodies

101-47.500  Scope of subpart.
101-47.501  General provisions of subpart.
101-47.501-1  Definitions.
101-47.501-2  Authority for disposal.
101-47.501-3  Dangerous property.
101-47.501-4  Findings.
101-47.502  Donations to public bodies.
101-47.502-1  Cost limitations.
101-47.502-2  Disposal costs.
101-47.503  Abandonment and destruction.
101-47.503-1  General.
101-47.503-2  Notice of proposed abandonment or destruction.
101-47.503-3  Abandonment or destruction without notice.

                      Subpart 101-47.6--Delegations

101-47.600  Scope of subpart.
101-47.601  Delegation to Department of Defense.
101-47.602  Delegation to the Department of Agriculture.
101-47.603  Delegations to the Secretary of the Interior.
101-47.604  Delegation to the Department of the Interior, the Department 
          of Health and Human Services, and the Department of Education.

  Subpart 101-47.7--Conditional Gifts of Real Property To Further the 
                             Defense Effort

101-47.700  Scope of subpart.
101-47.701  Offers and acceptance of conditional gifts.
101-47.702  Consultation with agencies.
101-47.703  Advice of disposition.
101-47.704  Acceptance of gifts under other laws.

   Subpart 101-47.8--Identification of Unneeded Federal Real Property

101-47.800  Scope of subpart.
101-47.801  Standards.
101-47.802  Procedures.

  Subpart 101-47.9 Use of Federal Real Property to Assist the Homeless

101-47.901  Definitions.
101-47.902  Applicability.
101-47.903  Collecting the information.
101-47.904  Suitability determination.
101-47.905  Real property reported excess to GSA.
101-47.906  Suitability criteria.
101-47.907  Determination of availability.
101-47.908  Public notice of determination.
101-47.909  Application process.
101-47.910  Action on approved applications.
101-47.911  Unsuitable properties.
101-47.912  No applications approved.

Subparts 101-47.10--101-47.48 [Reserved]

                    Subpart 101-47.49--Illustrations

101-47.4900  Scope of subpart.
101-47.4901  [Reserved]
101-47.4902  Standard Form 118, Report of Excess Real Property.

[[Page 484]]

101-47.4902-1  Standard Form 118a, Buildings, Structures, Utilities, and 
          Miscellaneous Facilities.
101-47.4902-2  Standard Form 118b, Land.
101-47.4902-3  Standard Form 118c, Related Personal Property.
101-47.4902-4  Instructions for the preparation of Standard Form 118, 
          and Attachments, Standard Forms 118a, 118b, and 118c.
101-47.4904  GSA Form 1334, Request for Transfer of Excess Real and 
          Related Personal Property.
101-47.4904-1  Instructions for preparation of GSA Form 1334, Request 
          for Transfer of Excess Real and Related Personal Property.
101-47.4905  Extract of statutes authorizing disposal of surplus real 
          property to public agencies.
101-47.4906  Sample notice to public agencies of surplus determination.
101-47.4906a  Attachment to notice sent to zoning authority.
101-47.4906b  Paragraph to be added to letter sent to zoning authority.
101-47.4906-1  Sample letter for transmission of notice of surplus 
          determination.
101-47.4906-2  Sample letter to a State single point of contact.
101-47.4907  List of Federal real property holding agencies.
101-47.4908  Excess profits covenant.
101-47.4909  Highest and best use.
101-47.4910  Field offices of Department of Health, Education, and 
          Welfare.
101-47.4911  Outline for explanatory statements for negotiated sales.
101-47.4912  Regional offices of the Bureau of Outdoor Recreation, 
          Department of the Interior.
101-47.4913  Outline for protection and maintenance of excess and 
          surplus real property.
101-47.4914  Executive Order 12512.

    Authority: 40 U.S.C. 486(c).

    Source: 29 FR 16126, Dec. 3, 1964, unless otherwise noted.



Sec. 101-47.000  Scope of part.

    (a) This part prescribes the policies and methods governing the 
utilization and disposal of excess and surplus real property and related 
personal property within the States of the Union, the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the 
Trust Territory of the Pacific Islands, and the Virgin Islands.
    (b) For more information on the utilization and disposal of real 
property, see 41 CFR parts 102-71 through 102-82. To the extent that any 
policy statements in this part are inconsistent with the policy 
statements in 41 CFR parts 102-71 through 102-82, the policy statements 
in 41 CFR parts 102-71 through 102-82 are controlling.

[47 FR 4521, Feb. 1, 1982, as amended at 66 FR 5359, Jan. 18, 2001]



                  Subpart 101-47.1--General Provisions



Sec. 101-47.100  Scope of subpart.

    This subpart sets forth the applicability of this part 101-47, and 
other introductory information.



Sec. 101-47.101  Applicability.

    The provisions of this part 101-47 apply to all Federal agencies, 
except as may otherwise be specifically provided under each section or 
subpart.



Sec. 101-47.102  [Reserved]



Sec. 101-47.103  Definitions.

    As used throughout this part 101-47, the following terms shall have 
the meanings as set forth in this subpart 101-47.1.



Sec. 101-47.103-1  Act.

    The Federal Property and Administrative Services Act of 1949, 63 
Stat. 377, as amended.



Sec. 101-47.103-2  GSA.

    The General Services Administration, acting by or through the 
Administrator of General Services, or a designated official to whom 
functions under this part 101-47 have been delegated by the 
Administrator of General Services.



Sec. 101-47.103-3  Airport.

    Any area of land or water which is used, or intended for use, for 
the landing and takeoff of aircraft, and any appurtenant areas which are 
used, or intended for use, for airport buildings or other airport 
facilities or rights-of-way, together with all airport buildings and 
facilities located thereon.

[[Page 485]]



Sec. 101-47.103-4  [Reserved]



Sec. 101-47.103-5  Decontamination.

    The complete removal or destruction by flashing of explosive 
powders; the neutralizing and cleaning-out of acid and corrosive 
materials; the removal, destruction, or neutralizing of toxic, hazardous 
or infectious substances; and the complete removal and destruction by 
burning or detonation of live ammunition from contaminated areas and 
buildings.

[53 FR 29893, Aug. 9, 1988]



Sec. 101-47.103-6  Disposal agency.

    The executive agency designated by the Administrator of General 
Services to dispose of surplus real property.



Sec. 101-47.103-7  Holding agency.

    The Federal agency which has accountability for the property 
involved.



Sec. 101-47.103-8  Industrial property.

    Any real property and related personal property which has been used 
or which is suitable to be used for manufacturing, fabricating, or 
processing of products; mining operations; construction or repair of 
ships and other waterborne carriers; power transmission facilities; 
railroad facilities; and pipeline facilities for transporting petroleum 
or gas.



Sec. 101-47.103-9  Landing area.

    Any land or combination of water and land, together with 
improvements thereon and necessary operational equipment used in 
connection therewith, which is used for landing, takeoff, and parking of 
aircraft. The term includes, but is not limited to, runways, strips, 
taxiways, and parking aprons.



Sec. 101-47.103-10  Management.

    The safeguarding of the Government's interest in property, in an 
efficient and economical manner consistent with the best business 
practices.



Sec. 101-47.103-11  Protection.

    The provisions of adequate measures for prevention and 
extinguishment of fires, special inspections to determine and eliminate 
fire and other hazards, and necessary guards to protect property against 
thievery, vandalism, and unauthorized entry.



Sec. 101-47.103-12  Real property.

    (a) Any interest in land, together with the improvements, 
structures, and fixtures located thereon (including prefabricated 
movable structures, such as Butler-type storage warehouses and quonset 
huts, and housetrailers with or without undercarriages), and 
appurtenances thereto, under the control of any Federal agency, except:
    (1) The public domain;
    (2) Lands reserved or dedicated for national forest or national park 
purposes;
    (3) Minerals in lands or portions of lands withdrawn or reserved 
from the public domain which the Secretary of the Interior determines 
are suitable for disposition under the public land mining and mineral 
leasing laws;
    (4) Lands withdrawn or reserved from the public domain but not 
including lands or portions of lands so withdrawn or reserved which the 
Secretary of the Interior, with the concurrence of the Administrator of 
General Services, determines are not suitable for return to the public 
domain for disposition under the general public land laws because such 
lands are substantially changed in character by improvements or 
otherwise; and
    (5) Crops when designated by such agency for disposition by 
severance and removal from the land.
    (b) Improvements of any kind, structures, and fixtures under the 
control of any Federal agency when designated by such agency for 
disposition without the underlying land (including such as may be 
located on the public domain, or lands withdrawn or reserved from the 
public domain, or lands reserved or dedicated for national forest or 
national park purposes, or on lands that are not owned by the United 
States) excluding, however, prefabricated movable structures, such as 
Butler-type storage warehouses and quonset huts, and housetrailers (with 
or without undercarriages).
    (c) Standing timber and embedded gravel, sand, or stone under the 
control

[[Page 486]]

of any Federal agency whether designated by such agency for disposition 
with the land or by severance and removal from the land, excluding 
timber felled, and gravel, sand, or stone excavated by or for the 
Government prior to disposition.

[29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 1965; 33 
FR 8737, June 14, 1968]



Sec. 101-47.103-13  Related personal property.

    Related personal property means any personal property:
    (a) Which is an integral part of real property or is related to, 
designed for, or specially adapted to the functional or productive 
capacity of the real property and removal of this personal property 
would significantly diminish the economic value of the real property. 
Normally, common use items, including but not limited to general-purpose 
furniture, utensils, office machines, office supplies, or general-
purpose vehicles, are not considered to be related personal property; or
    (b) Which is determined by the Administrator of General Services to 
be related to the real property.

[46 FR 45951, Sept. 16, 1981]



Sec. 101-47.103-14  Other terms defined in the Act.

    Other terms which are defined in the Act shall have the meanings 
given them by such Act.



Sec. 101-47.103-15  Other terms.

    Other terms not applicable throughout this part are defined in the 
sections or subparts to which they apply.



          Subpart 101-47.2--Utilization of Excess Real Property



Sec. 101-47.200  Scope of subpart.

    (a) This subpart prescribes the policies and methods governing the 
reporting by executive agencies and utilization by Federal agencies of 
excess real property, including related personal property within the 
State of the Union, the District of Columbia, the Commonwealth of Puerto 
Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, 
and the Virgin Islands. This subpart does not apply to the abandonment, 
destruction, or donation to public bodies, under section 202(h) of the 
Act (covered by subpart 101-47.5).
    (b) The provisions of this subpart 101-47.2 shall not apply to 
asbestos on Federal property which is subject to section 120(h) of the 
Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.

[53 FR 29893, Aug. 9, 1988]



Sec. 101-47.201  General provisions of subpart.



Sec. 101-47.201-1  Policy.

    It is the policy of the Administrator of General Services:
    (a) To stimulate the identification and reporting by executive 
agencies of excess real property.
    (b) To achieve the maximum utilization by executive agencies, in 
terms of economy and efficiency, of excess real property in order to 
minimize expenditures for the purchase of real property.
    (c) To provide for the transfer of excess real property among 
Federal agencies, to mixed-ownership Government corporations, and to the 
municipal government of the District of Columbia.

[29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 1977]



Sec. 101-47.201-2  Guidelines.

    (a) Each executive agency shall:
    (1) Survey real property under its control (including property 
assigned on a permit basis to other Federal agencies, or outleased to 
States, local governments, other public bodies, or private interests) at 
least annually to identify property which is not needed, underutilized, 
or not being put to optimum use. When other needs for the property are 
identified or recognized, the agency shall determine whether 
continuation of the current use or another Federal or other use would 
better serve the public interest, considering both the agency's needs 
and the property's location. In conducting each review, agencies shall 
be guided by Sec. 101-47.801(b), other applicable General Services 
Administration regulations, and such criteria as may be established by 
the Federal Property Council;

[[Page 487]]

    (2) Maintain its inventory of real property at the absolute minimum 
consistent with economical and efficient conduct of the affairs of the 
agency; and
    (3) Promptly report to GSA real property which it has determined to 
be excess.
    (b) Each executive agency shall, so far as practicable, pursuant to 
the provisions of this subpart, fulfill its needs for real property by 
utilization of excess real property.
    (c) To preclude the acquisition by purchase of real property when 
excess or surplus property of another Federal agency may be available 
which would meet the need, each executive agency shall notify GSA of its 
needs and ascertain whether any such property is available. However, in 
specific instances where the agency's proposed acquisition of real 
property is dictated by such factors as exact geographical location, 
topography, engineering, or similar characteristics which limit the 
possible use of other available property, the notification shall not be 
required. For example, for a dam site or reservoir area or the 
construction of a generating plant or a substation specific lands are 
needed and, ordinarily, no purpose would be served by such notification.
    (d) In every case of a proposed transfer of excess real property, 
the paramount consideration shall be the validity and appropriateness of 
the requirement upon which the proposal is based.
    (1) A proposed transfer should not establish a new program of an 
executive agency which has never been reflected in any previous budget 
submission or congressional action; nor should it substantially increase 
the level of an agency's existing programs beyond that which has been 
contemplated in the President's budget or by the Congress.
    (2) Before requesting a transfer of excess real property, an 
executive agency should:
    (i) Screen the holdings of the bureaus or other organizations within 
the agency to determine whether the new requirement can be met through 
improved utilization. Any utilization, however, must be for purposes 
that are consistent with the highest and best use of the property under 
consideration; and
    (ii) Review all real property under its accountability which it has 
assigned on a permit basis to other Federal agencies, or outleased to 
States, local governments, other public bodies, or private interests and 
terminate the permit or lease for any property, or portion thereof, that 
is suitable for the proposed need whenever such termination is not 
prohibited by the terms of the permit or lease.
    (3) Property found to be available under Sec. 101-47.201-2(d)(2) (i) 
or (ii), should be utilized for the proposed need in lieu of requesting 
a transfer of excess real property. Reassignments of such property 
within the agency should be made in appropriate cases.
    (4) The appraised fair market value of the excess real property 
proposed for transfer should not substantially exceed the probable 
purchase price of other real property which would be suitable for the 
intended purpose.
    (5) The size and quantity of excess real property to be transferred 
should be limited to the actual requirements. Other portions of an 
excess installation which can be separated should be withheld from 
transfer and made available for disposal to other agencies or to the 
public.
    (6) Consideration should be given to the design, layout, geographic 
location, age, state of repair, and expected maintenance costs of excess 
real property proposed for transfer. It should be clearly demonstrated 
that the transfer will prove more economical over a sustained period of 
time than acquisition of a new facility specifically planned for the 
purpose.
    (7) Excess real property should not be permanently transferred to 
agencies for programs which appear to be scheduled for substantial 
curtailment or termination. In such cases, the property may be 
temporarily transferred on a conditional basis, with an understanding 
that the property will be released for further Federal utilization or 
disposal as surplus property, at a time agreed upon when the transfer is 
arranged (see Sec. 101-47.203-8).
    (e) Excess real property of a type which may be used for office, 
storage, and related purposes normally will be

[[Page 488]]

assigned by, or at the direction of, GSA for use to the requesting 
agency in lieu of being transferred to the agency.
    (f) Federal agencies which normally do not require real property, 
other than for office, storage, and related purposes, or which may not 
have statutory authority to acquire such property, may obtain the use of 
excess real property for an approved program when authorized by GSA.

[29 FR 16126, Dec. 3, 1964, as amended at 39 FR 11281, Sept. 2, 1965; 37 
FR 5029, Mar. 9, 1972; 40 FR 12078, Mar. 17, 1975]



Sec. 101-47.201-3  Lands withdrawn or reserved from the public domain.

    (a) Agencies holding lands withdrawn or reserved from the public 
domain, which they no longer need, shall send to the GSA regional office 
for the region in which the lands are located an information copy of 
each notice of intention to relinquish filed with the Department of the 
Interior (43 CFR part 2372, et seq.).
    (b) Section 101-47.202-6 prescribes the procedure for reporting to 
GSA as excess property, certain lands or portions of lands withdrawn or 
reserved from the public domain for which such notices have been filed 
with the Department of the Interior.

[29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 1977]



Sec. 101-47.201-4  Transfers under other laws.

    Pursuant to section 602(c) of the Act, transfers of real property 
shall not be made under other laws, but shall be made only in strict 
accordance with the provisions of this subpart unless the Administrator 
of General Services, upon written application by the disposal agency, 
shall determine in each case that the provisions of any such other law, 
pursuant to which a transfer is proposed to be made, are not 
inconsistent with the authority conferred by this Act. The provisions of 
this section shall not apply to transfers of real property authorized to 
be made by section 602(d) of the Act or by any special statute which 
directs or requires an executive agency named therein to transfer or 
convey specifically described real property in accordance with the 
provisions of such statute.



Sec. 101-47.202  Reporting of excess real property.



Sec. 101-47.202-1  Reporting requirements.

    Each executive agency shall report to GSA, pursuant to the 
provisions of this section, all excess real property except as provided 
in Sec. 101-47.202-4. Reports of excess real property shall be based on 
the agency's official real property records and accounts.
    (a) All excess related personal property shall be reported as a part 
of the same report covering the excess real property.
    (b) Upon request of the Administrator of General Services, executive 
agencies shall institute specific surveys to determine that portion of 
real property, including unimproved property, under their control which 
might be excess and suitable for office, storage, and related 
facilities, and shall report promptly to the Administrator of General 
Services as soon as each survey is completed.



Sec. 101-47.202-2  Report forms.

    Reports of excess real property and related personal property shall 
be prepared on Standard Form 118, Report of Excess Real Property (see 
Sec. 101-47.4902), and accompanying Standard Form 118a, Buildings 
Structures, Utilities, and Miscellaneous Facilities, Schedule A 
(Sec. 101-47.4902-1); Standard Form 118b, Land, Schedule B (see 
Sec. 101-47.402-2); and Standard Form 118c, Related Personal Property, 
Schedule C (see Sec. 101-47.4902-3). Instructions for the preparation of 
Standard Forms 118, 118a, 118b, and 118c are set forth in Sec. 101-
47.4902-4.
    (a) Property for which the holding agency is designated as the 
disposal agency under the provisons of Sec. 101-47.302-2 and which is 
required to be reported to GSA under the provisions of this section 
shall be reported on Standard Form 118, without the accompanying 
Schedules A, B, and C, unless the holding agency requests GSA to act as 
disposal agency and a statement to that effect is inserted in Block 18, 
Remarks, of Standard Form 118.
    (b) In all cases where Government-owned land is reported, there 
shall be attached to and made a part of Standard Form 118 (original and 
copies

[[Page 489]]

thereof) a report prepared by a qualified employee of the holding agency 
on the Government's title to the property based upon his review of the 
records of the agency. The report shall recite:
    (1) The description of the property.
    (2) The date title vested in the United States.
    (3) All exceptions, reservations, conditions, and restrictions, 
relating to the title acquired.
    (4) Detailed information concerning any action, thing, or 
circumstance that occurred from the date of the acquisition of the 
property by the United States to the date of the report which in any way 
affected or may have affected the right, title, and interest of the 
United States in and to the real property (together with copies of such 
legal comments or opinions as may be contained in the file concerning 
the manner in which and the extent to which such right, title, or 
interest may have been affected). In the absence of any such action, 
thing, or circumstance, a statement to that effect shall be made a part 
of the report.
    (5) The status of civil and criminal jurisdiction over the land that 
is peculiar to the property by reason of it being Government-owned land. 
In the absence of any special circumstances, a statement to that effect 
shall be made a part of the report.
    (6) Detailed information regarding any known flood hazards or 
flooding of the property and, if located in a floodplain or wetlands, a 
listing of and citations to those uses that are restricted under 
identified Federal, State, or local regulations as required by Executive 
Orders 11988 and 11990 of May 24, 1977.
    (7) The specific identification and description of fixtures and 
related personal property that have possible historic or artistic value.
    (8) The historical significance of the property, if any, and whether 
the property is listed, is eligible for, or has been nominated for 
listing in the National Register of Historic Places or is in proximity 
to a property on the National Register. If the holding agency is aware 
of any effort by the public to have the property listed on the National 
Register, this information should be included.
    (9) To the extent such information is reasonably available or 
ascertainable from agency files, personnel, and other inquiry, a 
description of the type, location and condition of asbestos incorporated 
in the construction, repair, or alteration of any building or 
improvement on the property (e.g., fireproofing, pipe insulation, etc.) 
and a description of any asbestos control measures taken for the 
property. To assist GSA in considering the disposal options for the 
property, agencies shall also provide to GSA any available indication of 
costs and/or time necessary to remove all or any portion of the 
asbestos-containing materials. Agencies are not required to conduct any 
specific studies and/or tests to obtain this information. (See also 
Sec. 101-47.200(b).)
    (10) With respect to hazardous substance activity on the property:
    (i) A statement indicating whether or not, during the time the 
property was owned by the United States, any hazardous substance 
activity, as defined by regulations issued by the Environmental 
Protection Agency at 40 CFR part 373, took place on the property. 
Hazardous substance activity includes situations where any hazardous 
substance was stored for one year or more, known to have been released, 
or disposed of on the property. Agencies reporting such property shall 
review the regulations issued by the Environmental Protection Agency at 
40 CFR part 373 for details on the information required.
    (ii) If such activity took place, the reporting agency must include 
information on the type and quantity of such hazardous substance and the 
time at which such storage, release, or disposal took place. In addition 
to the specific information on the type and quantity of the hazardous 
substance, the reporting agency shall also advise the disposal agency if 
all remedial action necessary to protect human health and the 
environment with respect to any such substance remaining on the property 
has been taken before the date of the property was reported excess. If 
such action has not been taken, the reporting agency shall advise the 
disposal agency when such action will be completed.

[[Page 490]]

    (iii) If no such activity took place, the reporting agency must 
include a statement:

    The (reporting agency) has determined, accordance with regulations 
issued by the Environmental Protection Agency at 40 CFR part 373, that 
there is no evidence to indicate that hazardous substance activity took 
place on the property during the time the property was owned by the 
United States.

    (c) There shall be transmitted with Standard Form 118:
    (1) A legible, reproducible copy of all instruments in possession of 
the agency which affect the right, title, or interest of the United 
States in the property reported or the use and operation of such 
property (including agreements covering and licenses to use, any 
patents, processes, techniques, or inventions). In cases where the 
agency considers it to be impracticable to transmit the abstracts of 
title and related title evidence, such documents need not be 
transmitted; however, the name and address of the custodian of such 
documents shall be stated in the title report referred to in Sec. 101-
47.202-2(b) and they shall be furnished if requested by GSA;
    (2) Any appraisal reports in the possession of the holding agency of 
the fair market value or the fair annual rental of the property 
reported; and
    (3) A certification by a responsible person that the property does 
or does not contain polychlorinated biphenyl (PCB) transformers or other 
equipment regulated by the Environmental Protection Agency under 40 CFR 
part 761. If the property does contain any equipment subject to 40 CFR 
part 761, the certification must include an assurance on behalf of the 
holding agency that each item of such equipment is now and will be 
maintained in a state of compliance with such regulations until disposal 
of the property.

[29 FR 16126, Dec. 3, 1964, as amended at 34 FR 8166, May 24, 1969; 40 
FR 22256, May 22, 1975; 44 FR 19406, Apr. 3, 1979; 52 FR 46467, Dec. 8, 
1987; 53 FR 29893, Aug. 9, 1988; 56 FR 15048, Apr. 15, 1991]



Sec. 101-47.202-3  Submission of reports.

    Reports of excess shall be filed with the regional office of GSA for 
the region in which the excess property is located, as follows:
    (a) Government-owned real property and related personal property 
shall be reported by the holding agencies 90-calendar days in advance of 
the date such excess property shall become available for transfer to 
another Federal agency or for disposal. Where the circumstances will not 
permit excess real property and related personal property to be reported 
a full 90-calendar days in advance of the date it will be available, the 
report shall be made as far in advance of such date as possible.
    (b) Leasehold interests in real property determined to be excess 
shall be reported at least 60-calendar days prior to the date on which 
notice of termination or cancellation is required by the terms of the 
instrument under which the property is occupied.
    (c) All reports submitted by the Department of Defense shall bear 
the certification ``This property has been screened against the known 
needs of the Department of Defense.'' All reports submitted by civilian 
agencies shall bear the certification ``This property has been screened 
against the known needs of the holding agency.''



Sec. 101-47.202-4  Exceptions to reporting.

    (a) A holding agency shall not report to GSA leased space assigned 
to the agency by GSA and determined by the agency to be excess.
    (b) Also, except for those instances set forth in Sec. 101-47.202-
4(c) a holding agency shall not report to GSA property used, occupied, 
or controlled by the Government under a lease, permit, license, 
easement, or similar instrument when:
    (1) The lease or other instrument is subject to termination by the 
grantor or owner of the premises within nine months;
    (2) The remaining term of the lease or other instrument, including 
renewal rights, will provide for less than nine months of use and 
occupancy;
    (3) The term of the lease or other instrument would preclude 
transfer to, or use by, another Federal agency or disposal to a third 
party; or
    (4) The lease or other instrument provides for use and occupancy of 
space

[[Page 491]]

for office, storage, and related facilities, which does not exceed a 
total of 2,500 sq. feet.
    (c) Property, which otherwise would not be reported because it falls 
within the exceptions set forth in Sec. 101-47.202-4(b) shall be 
reported:
    (1) If there are Government owned improvements located on the 
premises; or
    (2) If the continued use, occupancy, or control of the property by 
the Government is needful for the operation, production, or maintenance 
of other property owned or controlled by the Government that has been 
reported excess or is required to be reported to GSA under the 
provisions of this section.



Sec. 101-47.202-5  Reporting after submissions to the Congress.

    Reports of excess covering property of the military departments and 
of the Office of Emergency Planning prepared after the expiration of 30 
days from the date upon which a report of the facts concerning the 
reporting of such property was submitted to the Committees on Armed 
Services of the Senate and House of Representatives, 10 U.S.C. 2662 and 
the Act of August 10, 1956, 70A Stat. 636, as amended (50 U.S.C. App. 
2285), shall contain a statement that the requirements of the statute 
have been met.



Sec. 101-47.202-6  Reports involving the public domain.

    (a) Agencies holding land withdrawn or reserved from the public 
domain which they no longer need, shall report on Standard Form 118, 
with appropriate Schedules A, B, and C, land or portions of land so 
withdrawn or reserved and the improvements thereon, if any, to the 
regional office of GSA for the region in which the lands are located 
when the agency has:
    (1) Filed a notice of intention to relinquish with the Department of 
the Interior and sent a copy of the notice to the regional office of GSA 
(Sec. 101-47.201-3);
    (2) Been notified by the Department of the Interior that the 
Secretary of the Interior, with the concurrence of the Administrator of 
General Services, has determined the lands are not suitable for return 
to the public domain for disposition under the general public land laws 
because the lands are substantially changed in character by improvements 
or otherwise; and
    (3) Obtained from the Department of the Interior a report as to 
whether any agency (other than the holding agency) claims primary, 
joint, or secondary jurisdiction over the lands and whether the 
Department's records show the lands to be encumbered with any existing 
valid rights or privileges under the public land laws.
    (b) Should the Department of the Interior determine that minerals in 
the lands are not suitable for disposition under the public land mining 
and mineral leasing laws, the Department will notify the appropriate 
regional office of GSA of such determination and will authorize the 
holding agency to include the minerals in its report to GSA.
    (c) When reporting the property to GSA, a true copy of the 
notification (Sec. 101-47.202-6(a)(2)) and report (Sec. 101-47.202-
6(a)(3)) shall be submitted as a part of the holding agency's report on 
the Government's legal title which shall accompany Standard Form 118.



Sec. 101-47.202-7  Reports involving contaminated property.

    Any report of excess covering property which in its present 
condition is dangerous or hazardous to health and safety, shall state 
the extent of such contamination, the plans for decontamination, and the 
extent to which the property may be used without further 
decontamination. In the case of properties containing asbestos-
containing materials and in lieu of the requirements of the foregoing 
provisions of Sec. 101-47.202-7, see subsection 101-47.202-2(b)(9).

[53 FR 28984, Aug. 9, 1988]



Sec. 101-47.202-8  Notice of receipt.

    GSA shall promptly notify the holding agency of the date of receipt 
of each Report of Excess Real Property (Standard Form 118).



Sec. 101-47.202-9  Expense of protection and maintenance.

    When there are expenses connected with the protection and 
maintenance

[[Page 492]]

of the property reported to GSA, the notice to the holding agency of the 
date of receipt (see Sec. 101-47.202-8) will indicate, if determinable, 
the date that the provisions of Sec. 101-47.402-2 will become 
effectivce. Normally this will be the date of the receipt of the report. 
If because of actions of the holding agency the property is not 
available for immediate disposition at the time of receipt of the 
report, the holding agency will be reminded in the notice that the 
period of its responsibility for the expense of protection and 
maintenance will be extended by the period of the delay.

[49 FR 1348, Jan. 11, 1984]



Sec. 101-47.202-10  Examination for acceptability.

    Each report of excess shall be reviewed by GSA to ascertain whether 
the report was prepared in accordance with the provisions of this 
section. Within fifteen calendar days after receipt of a report, the 
holding agency shall be informed by letter of the findings of GSA.
    (a) Where it is found that a report is adequate to the extent that 
GSA can proceed with utilization and disposal actions for the property, 
the report shall be accepted and the holding agency shall be informed of 
the date of such acceptance. However, the holding agency shall, upon 
request, promptly furnish such additional information or documents 
relating to the property as may be required by GSA to accomplish a 
transfer or a disposal.
    (b) Where it is found that a report is insufficient to the extent 
that GSA would be unable to proceed with any utilization or disposal 
actions for the property, the report shall be returned and the holding 
agency shall be informed of the facts and circumstances that required 
the return of the report. The holding agency promptly shall take such 
action as may be appropriate to submit an acceptable report to GSA. 
Should the holding agency be unable to submit an acceptable report, the 
property shall be removed from under the provisions of Sec. 101-47.402-
2.



Sec. 101-47.203  Utilization.



Sec. 101-47.203-1  Reassignment of real property by the agencies.

    Each executive agency shall, as far as practicable and within the 
policies expressed in this subpart 101-47.2, make reassignments of real 
property and related personal property under its control and 
jurisdiction among activities within the agency in lieu of acquiring 
such property from other sources.

[42 FR 40698, Aug. 11, 1977]



Sec. 101-47.203-2  Transfer and utilization.

    Each executive agency shall, as far as practicable and within the 
policies expressed in this subpart 101-47.2, transfer excess real 
property under its control to other Federal agencies and to the 
organizations specified in Sec. 101-47.203-7, and shall fulfill its 
requirements for real property by obtaining excess real property from 
other Federal agencies. Transfers of property shall be made in 
accordance with the provisions of this subpart.

[42 FR 40698, Aug. 11, 1977]



Sec. 101-47.203-3  Notification of agency requirements.

    Each executive agency shall notify the proper GSA regional office 
whenever real property is needed for an authorized program of the 
agency. The notice shall state the land area of the property needed, the 
preferred location or suitable alternate locations, and describe the 
type of property needed in sufficient detail to enable GSA to review its 
records of property that it knows will be reported excess by holding 
agencies, its inventory of excess property, and its inventory of surplus 
property, to ascertain whether any such property may be suitable for the 
needs of the agency. The agency shall be informed promptly by the GSA 
regional office as to whether or not any such property is available.

[33 FR 571, Jan. 17, 1968]



Sec. 101-47.203-4  Real property excepted from reporting.

    Agencies having transferable excess real property and related 
personal property in the categories excepted from reporting by Sec. 101-
47.202-4 shall,

[[Page 493]]

before disposal, satisfy themselves in a manner consistent with the 
provisions of this section that such property is not needed by other 
Government agencies.



Sec. 101-47.203-5  Screening of excess real property.

    Excess real property and related personal property reported by 
executive agencies shall, unless such screening is waived, be screened 
by GSA for utilization by Federal real property holding agencies (listed 
in Sec. 101-47.4907), which may reasonably be expected to have use for 
the property as follows:
    (a) Notices of availability will be submitted to each such agency 
which shall, within 30 calendar days from the date of notice, advise GSA 
if there is a firm requirement or a tentative requirement for the 
property. Agencies having tentative or firm requirements for surplus 
Federal real property for replacement housing for displaced persons, as 
authorized by section 218 of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (84 Stat. 1902), shall review 
these notices for the additional purpose of identifying properties for 
which they may have such a requirement. When such a requirement exists, 
the agency shall so advise the appropriate GSA regional office.
    (1) In the event a tentative requirement exists, the agency shall, 
within an additional 30 calendar days, advise GSA if there is a firm 
requirement.
    (2) Within 60 calendar days after advice to GSA that a firm 
requirement exists, the agency shall furnish GSA a request for transfer 
of the property pursuant to Sec. 101-47.203-7.
    (b) Notices of availability for information of the Secretary of 
Health and Human Services and the Secretary of Education in connection 
with the exercise of the authority vested under the provisions of 
section 203(k)(1) of the Act; the Secretary of the Interior in 
connection with provisions in 16 U.S.C. 667b through d, the exercise of 
the authority vested under the provisions of section 203(k)(2) of the 
Act, or a determination under the provisions of section 203(k)(3) of the 
Act; and the Secretary of Housing and Urban Development in connection 
with the exercise of the authority vested under the provisions of 
section 203(k)(6) of the Act will be sent to the offices designated by 
those officials to serve the areas in which the properties are located. 
Similar notices of availability for information of the Attorney General 
and the Director of the Federal Emergency Management Agency in 
connection with a possible determination under the provisions of section 
203(p)(1) of the Act, and for information of the Secretary of 
Transportation in connection with the exercise of the authority vested 
under the provisions of section 203(q) of the Act, will be respectively 
sent to the Office of Justice Programs, Department of Justice; the 
Federal Emergency Management Agency; and the Maritime Administration, 
Department of Transportation.
    (c) The Departments of Health and Human Services, Education, 
Interior, Housing and Urban Development, Justice, and Transportation, 
and the Federal Emergency Management Agency shall not attempt to 
interest a local applicant in a property until it is determined surplus, 
except with the prior consent of GSA on a case-by-case basis or as 
otherwise agreed upon. When such consent is obtained, the local 
applicant shall be informed that consideration of the application is 
conditional upon the property being determined surplus to Federal 
requirements and made available for the purposes of the application. 
However, these Federal agencies are encouraged to advise the appropriate 
GSA regional office of those excess properties which are suitable for 
their programs.
    (d) Concurrently with the 30-day Federal agency use screening 
period, those Federal agencies that sponsor public benefit disposals at 
less than fair market value as permitted by the statutory authorities in 
Sec. 101-47.4905 may provide the disposal agency with a recommendation, 
together with a brief supporting rationale, as illustrated in Sec. 101-
47.4909, that the highest and best use of the property is for a specific 
public benefit purpose. The recommendation may be made by the agency 
head, or designee, and will be considered by the disposal agency in its 
final highest and best use analysis and determination. After a 
determination of surplus

[[Page 494]]

has been made, if the disposal agency agrees with a sponsoring Federal 
agency that the highest and best use of a particular property is for a 
specific public benefit purpose, local public bodies will be notified 
that the property is available for that use.

[29 FR 16126, Dec. 3, 1964, as amended at 36 FR 11438, June 12, 1971; 47 
FR 37175, Aug. 25, 1982; 49 FR 37091, Sept. 21, 1984; 60 FR 35706, July 
11, 1995; 64 FR 5615, Feb. 4, 1999]



Sec. 101-47.203-6  Designation as personal property.

    (a) Prefabricated movable structures such as Butler-type storage 
warehouses, quonset huts, and housetrailers (with or without 
undercarriages) reported to GSA with the land on which they are located 
may, in the discretion of GSA, be designated for disposition as personal 
property for off-site use.
    (b) Related personal property may, in the discretion of the disposal 
agency, be designated for disposition as personal property. 
Consideration of such designation shall be given particularly to items 
having possible historic or artistic value to ensure that Federal 
agencies, including the Smithsonian Institution (see Sec. 101-43.302), 
are afforded the opportunity of obtaining them through personal property 
channels for off-site use for preservation and display. Fixtures such as 
murals and fixed sculpture which have exceptional historical or artistic 
value may be designated for disposition by severance for off-site use. 
In making such designations, consideration shall be given to such 
factors as whether the severance can be accomplished without seriously 
affecting the value of the realty and whether a ready disposition can be 
made of the severed fixtures.
    (c) When a structure is to be demolished, any fixtures or related 
personal property therein may, at the discretion of the disposal agency, 
be designated for disposition as personal property where a ready 
disposition can be made of these items through such action. As indicated 
in paragraph (b) of this section, particular consideration should be 
given to designating items of possible historical or artistic value as 
personal property in such instances.

[34 FR 8166, May 24, 1969]



Sec. 101-47.203-7  Transfers.

    (a) The agency requesting transfer of excess real property and 
related personal property reported to GSA shall prepare and submit to 
the proper GSA regional office GSA Form 1334, Request for Transfer of 
Excess Real and Related Personal Property (Sec. 101-47.4904). 
Instructions for the preparation of GSA Form 1334 are set forth in 
Sec. 101-47.4904-1.
    (b) Upon determination by GSA that a transfer of the property 
requested is in the best interest of the Government and that the 
requesting agency is the appropriate agency to hold the property, the 
transfer may be made among Federal agencies, to mixed-ownership 
Government corporations, and to the municipal government of the District 
of Columbia.
    (c) [Reserved]
    (d) Transfers of property to executive agencies shall be made when 
the proposed land use is consistent with the policy of the Administrator 
of General Services as prescribed in Sec. 101-47.201-1 and the policy 
guidelines prescribed in Sec. 101-47.201-2. In determining whether a 
proposed transfer should be approved under the policy guidelines, GSA 
and OMB may consult informally to obtain all available data concerning 
actual program needs for the property.
    (e) GSA will execute or authorize all approved transfers to the 
requesting agency of property reported to GSA. Agencies may transfer 
without reference to GSA excess real property which is not reported to 
GSA under the provisions of Sec. 101-47.202-4(b) (1), (2), and (4). 
However, such transfers shall be made in accordance with the principles 
set forth in this section.
    (f) Pursuant to an agreement between the Director, Office of 
Management and Budget, and the Administrator of General Services, 
reimbursement for transfers of excess real property is prescribed as 
follows:
    (1) Where the transferor agency has requested the net proceeds of 
the transfer pursuant to section 204 (c) of the Act, or where either the 
transferor or transferee agency (or organizational unit affected) is 
subject to the Government Corporation Control Act (31 U.S.C. 841) or is 
a mixed-ownership

[[Page 495]]

Government corporation, or the municipal government of the District of 
Columbia, reimbursement for the transfer shall be in an amount equal to 
the estimated fair market value of the property requested as determined 
by the Administrator: Provided, That where the transferor agency is a 
wholly owned Government corporation, the reimbursement shall be either 
in an amount equal to the estimated fair market value of the property 
requested, or the corporation's book value thereof, as may be agreed 
upon by GSA and the corporation.
    (2) Reimbursement for all other transfers of excess real property 
shall be:
    (i) In an amount equal to 100 percent of the estimated fair market 
value of the property requested, as determined by the Administrator, or 
if the transfer is for the purpose of upgrading facilities (i.e., for 
the purpose of replacing other property of the transferee agency which 
because of the location, nature, or condition thereof, is less efficient 
for use), the reimbursement shall be in an amount equal to the 
difference between the estimated fair market value of the property to be 
replaced and the estimated fair market value of the property requested, 
as determined by the Administrator.
    (ii) Without reimbursement when the transfer is to be made under 
either of the following conditions:
    (A) Congress has specifically authorized the transfer without 
reimbursement, or
    (B) The Administrator with the approval of the Director, Office of 
Management and Budget, has approved a request for an exception from the 
100 percent reimbursement requirement.
    (1) A request for exception from the 100 percent reimbursement 
requirement shall be endorsed by the head of the executive department or 
agency requesting the exception.
    (2) A request for exception from the 100 percent reimbursement 
requirement will be submitted to GSA for referral to the Director, 
Office of Management and Budget, and shall include an explanation of how 
granting the exception would further essential agency program objectives 
and at the same time be consistent with Executive Order 12348, dated 
February 25, 1982. The unavailability of funds alone is not sufficient 
to justify an exception. The above required data and documentation shall 
be attached to GSA Form 1334 by the transferee agency on submission of 
that form to GSA.
    (3) If the Administrator with the approval of the Director, Office 
of Management and Budget, approves the request for an exception, the 
Administrator may then complete the transfer. A copy of the Office of 
Managment and Budget approval will be sent to the Property Review Board.
    (4) The agency requesting the exception will assume responsibility 
for protection and maintenance costs where the disposal of the property 
is deferred for more than 30 days because of the consideration of the 
request for an exception to the 100 percent reimbursement requirement.
    (g) Excess property may be transferred to the Senate, the House of 
Representatives, and the Architect of the Capitol and any activities 
under his direction, pursuant to the provisions of section 602(e) of the 
Act. The amount of reimbursement for such transfer shall be the same as 
would be required for a transfer of excess property to an executive 
agency under similar circumstances.
    (h) The transferor agency shall provide to the transferee agency all 
information held by the transferor concerning hazardous substance 
activity as outlined in Sec. 101-47.202-2.

[29 FR 16126, Dec. 3, 1964, as amended at 37 FR 5029, Mar. 9, 1972; 40 
FR 12078, Mar. 17, 1975; 42 FR 40698, Aug. 11, 1977; 47 FR 56499, Dec. 
17, 1982; 49 FR 29222, July 19, 1984; 56 FR 15048, Apr. 15, 1991]



Sec. 101-47.203-8  Temporary utilization.

    (a) Whenever GSA determines that the temporary assignment or 
reassignment to a Federal agency of any space in excess real property 
for office, storage, or related facilities would be more advantageous 
than the permanent transfer of the property to a Federal agency, it will 
execute or authorize such assignment or reassignment for such period of 
time as it shall determine. The agency to which the space is made 
available shall make appropriate reimbursement for the expense of

[[Page 496]]

maintaining such space in the absence of appropriation available to GSA 
therefor.
    (b) GSA may approve the temporary assignment or reassignment to a 
Federal agency of excess real property other than space for office, 
storage, or related facilities whenever such action would be in the best 
interest of the Government. In such cases, the agency to which the 
property is made available may be required to pay a rental or users 
charge based upon the fair value of such property, as determined by GSA. 
Where such property will be required by the agency for a period of more 
than 1 year, it may be transferred on a conditional basis, with an 
understanding that the property will be reported excess at a time agreed 
upon when the transfer is arranged (see Sec. 101-47.201-2(d)(7)).



Sec. 101-47.203-9  Non-Federal interim use of property.

    The holding agency may, with the approval of GSA, grant rights for 
non-Federal interim use of excess property reported to GSA, or portions 
thereof, when it is determined that such interim use is not required for 
the needs of any Federal agency.



Sec. 101-47.203-10  Withdrawals.

    Subject to the approval of GSA, and to such conditions as GSA 
considers appropriate, reports of excess real property may be withdrawn 
in whole or in part by the reporting agency at any time prior to 
transfer to another Federal agency or prior to the execution of a 
legally binding agreement for disposal as surplus property. Requests for 
withdrawals shall be addressed to the GSA regional office where the 
report of excess real property was filed.

[35 FR 17256, Nov. 6, 1970]



Sec. 101-47.204  Determination of surplus.



Sec. 101-47.204-1  Reported property.

    Any real property and related personal property reported excess 
under this subpart 101-47.2 which has been screened for needs of Federal 
agencies or waived from such screening by GSA, and not been designated 
by GSA for utilization by a Federal agency, shall be subject to 
determination as surplus property by GSA.
    (a) The holding agency, the Secretary of Health and Human Services, 
the Secretary of Education, the Secretary of the Interior, the Secretary 
of Housing and Urban Development, the Attorney General, the Director of 
the Federal Emergency Management Agency, and the Secretary of 
Transportation will be notified of the date upon which determination as 
surplus becomes effective. Any Federal agency that has identified a 
property as being required for replacement housing for displaced persons 
under section 218 of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 will also be notified of the date upon 
which determination as surplus becomes effective. The Secretary of the 
Department of Energy will be notified when real property is determined 
surplus and advised of any known interest in the property for its use or 
development for energy facilities. Appropriate steps will be taken to 
ensure that energy site needs are considered along with other competing 
needs in the disposal of surplus real property, since such property may 
become available for use under sections 203(e)(3) (G) and (H) of the 
Act.
    (b) The notices to the Secretary of Health and Human Services, the 
Secretary of Education, the Secretary of the Interior, the Secretary of 
Housing and Urban Development, and the Secretary of Energy will be sent 
to the offices designated by them to serve the area in which the 
property is located. The notices to the Attorney General will be sent to 
the Office of Justice Programs, Department of Justice. The notices to 
the Director of the Federal Emergency Management Agency will be sent to 
the Federal Emergency Management Agency. The notices to the Secretary of 
Transportation will be sent to the Federal Aviation Administration, the 
Federal Highway Administration, and the Maritime Administration. The 
notices to the Federal agencies having a requirement pursuant to section 
218 of the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 will be sent to the office making the request 
unless another office is designated.

[[Page 497]]

    (c) With regard to surplus property which GSA predetermines will not 
be available for disposal under any of the statutes cited in Sec. 101-
47.4905, or whenever the holding agency has requested reimbursement of 
the net proceeds of disposition pursuant to section 204(c) of the Act, 
the notice to the affected Federal agencies will contain advice of such 
determination or request for reimbursement. The affected Federal 
agencies shall not screen for potential applicants for such property.

[29 FR 16126, Dec. 3, 1964, as amended at 36 FR 8041, Apr. 29, 1971; 47 
FR 37175, Aug. 25, 1982; 60 FR 35706, July 11, 1995; 64 FR 5616, Feb. 4, 
1999]



Sec. 101-47.204-2  Property excepted from reporting.

    Any property not reported to GSA due to Sec. 101-47.202-4, and not 
designated by the holding agency for utilization by other agencies 
pursuant to the provisions of this subpart 101-47.2, shall be subject to 
determination as surplus by the holding agency.



            Subpart 101-47.3--Surplus Real Property Disposal



Sec. 101-47.300  Scope of subpart.

    This subpart prescribes the policies and methods governing the 
disposal of surplus real property and related personal property within 
the States of the Union, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific 
Islands, and the Virgin Islands. This subpart does not apply to the 
abandonment, destruction, or donation to public bodies, under section 
202(h) of the Act (covered by subpart 101-47.5).

[47 FR 4522, Feb. 1, 1982]



Sec. 101-47.301  General provisions of subpart.



Sec. 101-47.301-1  Policy.

    It is the policy of the Administrator of General Services:
    (a) That surplus real property shall be disposed of in the most 
economical manner consistent with the best interests of the Government.
    (b) That surplus real property shall ordinarily be disposed of for 
cash consistent with the best interests of the Government.
    (c) That surplus real property shall be disposed of by exchange for 
privately owned property only for property management considerations 
such as boundary realignment or provision of access or in those 
situations in which the acquisition is authorized by law, the requesting 
Federal agency has received approval from the Office of Management and 
Budget and clearance from its congressional oversight committees to 
acquire by exchange, and the transaction offers substantial economic or 
unique program advantages not otherwise obtainable by any other method 
of acquisition.

[29 FR 16126, Dec. 3, 1964, as amended at 42 FR 47205, Sept. 20, 1977; 
42 FR 56123, Oct. 21, 1977]



Sec. 101-47.301-2  Applicability of antitrust laws.

    (a) In any case in which there is contemplated a disposal to any 
private interest of real and related personal property which has an 
estimated fair market value of $3,000,000 or more, or of patents, 
processes, techniques, or inventions, irrespective of cost, the disposal 
agency shall transmit promptly to the Attorney General notice of any 
such proposed disposal and the probable terms or conditions thereof, as 
required by section 207 of the Act, for his advice as to whether the 
proposed disposal would tend to create or maintain a situation 
inconsistent with antitrust laws, and no such real property shall be 
disposed of until such advice has been received. If such notice is given 
by any executive agency other than GSA, a copy of the notice shall be 
transmitted simultaneously to the office of GSA for the region in which 
the property is located.
    (b) Upon request of the Attorney General, GSA or any other executive 
agency shall furnish or cause to be furnished such information as it may 
possess which the Attorney General determines to be appropriate or 
necessary to enable him to give the requested advice

[[Page 498]]

or to determine whether any other disposition or proposed disposition of 
surplus real property violates or would violate any of the antitrust 
laws.

[29 FR 16126, Dec. 3, 1964, as amended at 54 FR 12198, Mar. 24, 1989]



Sec. 101-47.301-3  Disposals under other laws.

    Pursuant to section 602(c) of the act, disposals of real property 
shall not be made under other laws but shall be made only in strict 
accordance with the provisions of this subpart 101-47.3 unless the 
Administrator of General Services, upon written application by the 
disposal agency, shall determine in each case that the provisions of any 
such other law, pursuant to which disposal is proposed to be made, are 
not inconsistent with the authority conferred by this Act. The 
provisions of this section shall not apply to disposals of real property 
authorized to be made by section 602(d) of the act or by any special 
statute which directs or requires an executive agency named therein to 
transfer or convey specifically described real property in accordance 
with the provisions of such statute.



Sec. 101-47.301-4  Credit disposals and leases.

    Where credit is extended in connection with any disposal of surplus 
property, the disposal agency shall offer credit pursuant to the 
provisions of Sec. 101-47.304-4. The disposal agency shall administer 
and manage the credit lease, or permit and any security therefor and may 
enforce, adjust, or settle any right of the Government with respect 
thereto in such manner and upon such terms as that agency considers to 
be in the best interests of the Government.

[42 FR 47205, Sept. 20, 1977]



Sec. 101-47.302  Designation of disposal agencies.



Sec. 101-47.302-1  General.

    In accordance with applicable provisions of this subpart 101-47.3, 
surplus real property shall be disposed of or assigned to the 
appropriate Federal department for disposal for public use purposes by 
the disposal agency.

[36 FR 8042, Apr. 29, 1971]



Sec. 101-47.302-2  Holding agency.

    (a) The holding agency is hereby designated as disposal agency for:
    (1) Leases, permits, licenses, easements, and similar real estate 
interests held by the Government in non-Government-owned property 
(including Government-owned improvements located on the premises), 
except when it is determined by either the holding agency or GSA that 
the Government's interest will be best served by the disposal of such 
real estate interests together with other property owned or controlled 
by the Government, that has been or is being reported to GSA as excess; 
and
    (2) Fixtures, structures, and improvements of any kind to be 
disposed of without the underlying land with the exception of 
Government-owned machinery and equipment, which are fixtures being used 
by a contractor-operator, where such machinery and equipment will be 
sold to the contractor-operator.
    (3) Standing timber and embedded gravel, sand, stone and underground 
water to be disposed of without the underlying land.
    (b) GSA may act as the disposal agency for the type of property 
described in paragraphs (a) (1) and (2) of this section, whenever 
requested by the holding agency to perform the disposal functions. Where 
GSA acts as the disposal agency for the disposal of leases and similar 
real estate interests as described in paragraph (a)(1) of this section, 
the holding agency nevertheless shall continue to be responsible for the 
payment of the rental until the lease is terminated and for the payment 
of any restoration or other direct costs incurred by the Government as 
an incident to the termination. Likewise, where GSA acts as disposal 
agency for the disposal of fixtures, structures, and improvements as 
described in paragraph (a)(2) of this section, the holding agency 
nevertheless shall continue to

[[Page 499]]

be responsible for payment of any demolition and removal costs not 
offset by the sale of the property.

[29 FR 16126, Dec. 3, 1964, as amended at 31 FR 2658, Feb. 11, 1966; 31 
FR 16780, Dec. 31, 1966; 33 FR 8737, June 14, 1968; 48 FR 12526, Mar. 
25, 1983; 50 FR 28403, July 12, 1985]



Sec. 101-47.302-3  General Services Administration.

    GSA is the disposal agency for all real property and related 
personal property not covered by the above designations or by disposal 
authority delegated by the Administrator of General Services in specific 
instances.



Sec. 101-47.303  Responsibility of disposal agency.



Sec. 101-47.303-1  Classification.

    Each surplus property, or, if the property is subdivided, each unit 
of property shall be classified by the disposal agency to determine the 
methods and conditions applicable to the disposal of the property. 
Classification shall be according to the estimated highest and best use 
for the property. The property may be reclassified from time to time by 
the disposal agency or by GSA whenever such action is deemed 
appropriate.



Sec. 101-47.303-2  Disposals to public agencies.

    The disposal agency shall comply with the provisions of Executive 
Order 12372 and 41 CFR subpart 101-6.21, which enables a State to 
establish the single point of contact process or other appropriate 
procedures to review and comment on the compatibility of a proposed 
disposal with State, regional and local development plans and programs. 
When a single point of contact transmits a State review process 
recommendation, the Federal agency receiving the recommendation must 
either accept the recommendation; reach a mutually agreeable solution 
with the party(s) preparing the recommendation; or provide the single 
point of contact with a written explanation for not accepting the 
recommendation or reaching a mutually agreeable solution. If there is 
nonaccommodation, the agency is generally required to wait 10 calendar 
days after receipt, by the single point of contact, of an explanation 
before taking final action. The single point of contact is presumed to 
have received written notification 5 calendar days after the date of 
mailing of such notification. The 10-day waiting period may be waived if 
the agency determines that because of unusual circumstances this delay 
is not feasible.
    (a) Whenever property is determined to be surplus, the disposal 
agency shall, on the basis of the information given in Sec. 101-47.4905, 
list the public agencies eligible under the provisions of the statutes 
referred to above to procure the property or portions thereof, except 
that such listing need not be made with respect to:
    (1) Any such property when the determination of the property as 
surplus is conditioned upon disposal limitations which would be 
inconsistent with disposal under the statutes authorizing disposal to 
eligible public agencies; or
    (2) Any such property having an estimated fair market value of less 
than $1,000 except where the disposal agency has any reason to believe 
that an eligible public agency may be interested in the property.
    (b) Before public advertising, negotiation, or other disposal 
action, the disposal agency shall give notice to eligible public 
agencies that the property has been determined surplus. Surplus real 
property may be procured by public agencies under the statutes cited in 
Sec. 101-47.4905. A notice to public agencies of surplus determination 
shall be prepared following the sample shown in Sec. 101-47.4906. This 
notice shall be transmitted by a letter prepared following the sample 
shown in Sec. 101-47.4906-1. A copy of this notice shall also be sent 
simultaneously to the State single point of contact, under a covering 
letter prepared following the sample shown in Sec. 101-47.4906-2. The 
point of contact shall be advised that no final disposal action will be 
taken for 60 calendar days from the date of notification to allow time 
for the point of contact to provide any desired comments. The disposal 
agency will wait the full 60 calendar days, even if the comments are 
received early, to allow time for the point of contact to send 
additional or revised comments.

[[Page 500]]

    (1) Notice for property located in a State shall be given to the 
Governor of the State, to the county clerk or other appropriate 
officials of the county in which the property is located, to the mayor 
or other appropriate officials of the city or town in which the property 
is located, to the head of any other local governmental body known to be 
interested in and eligible to acquire the property, and to the point of 
contact established by the State or under other appropriate procedures 
established by the State.
    (2) Notice for property located in the District of Columbia shall be 
given to the Mayor of the District of Columbia and to the point of 
contact established by the District of Columbia or under other 
appropriate procedures established by the District of Columbia.
    (3) Notice for property located in the Virgin Islands shall be given 
to the Governor of the Virgin Islands and to the point of contact 
established by the Virgin Islands or under other appropriate procedures 
established by the Virgin Islands.
    (4) Notice for property located in the Commonwealth of Puerto Rico 
shall be given to the Governor of the Commonwealth of Puerto Rico and to 
the point of contact established by the Commonwealth of Puerto Rico or 
under other appropriate procedures established by the Commonwealth of 
Puerto Rico.
    (c) The notice prepared pursuant to Sec. 101-47.303-2(b) shall also 
be posted in the post office which serves the area in which the property 
is located and in other prominent places such as the State capitol 
building, county building, courthouse, town hall, or city hall. The 
notice to be posted in the post office shall be mailed to the postmaster 
with a request that it be posted. Arrangements for the posting of the 
notice in other prominent places shall be as provided for in the 
transmittal letters (see Sec. 101-47.4906-1) to eligible public 
agencies.
    (d) A copy of the notice described in paragraph (b) of this section 
shall be furnished to the appropriate regional or field offices of (1) 
the National Park Service (NPS) and the Fish and Wildlife Service of the 
Department of the Interior and (2) the Federal Aviation Administration, 
the Federal Highway Administration, and the Maritime Administration of 
the Department of Transportation concerned with the disposal of property 
to public agencies under the statutes named in the notice.
    (e) In the case of property which may be made available for 
assignment to the Secretary of Health and Human Services (HHS), the 
Secretary of Education (ED), the Secretary of the Interior (DOI), or the 
Secretary of Housing and Urban Development (HUD) for disposal under 
sections 203(k)(1), (2), or (6) of the Act:
    (1) The disposal agency shall inform the appropriate offices of HHS, 
ED, NPS, or HUD 3 workdays in advance of the date the notice will be 
given to public agencies, to permit similar notice to be given 
simultaneously by HHS, ED, NPS, or HUD to additional interested public 
bodies and/or nonprofit institutions.
    (2) The disposal agency shall furnish the Federal agencies with a 
copy of the postdated transmittal letter addressed to each public 
agency, copies (not to exceed 25) of the postdated notice, and a copy of 
the holding agency's Report of Excess Real Property (Standard Form 118, 
with accompanying schedules).
    (3) As of the date of the transmittal letter and notice to public 
agencies, the affected Federal agencies may proceed with their screening 
functions for any potential applicants and thereafter may make their 
determinations of need and receive applications.
    (f) If the disposal agency is not informed within the 20- or 30-
calendar day period provided in the notice of the desire of a public 
agency to acquire the property under the provisions of the statutes 
listed in Sec. 101-47.4905, or is not notified by ED or HHS of a 
potential educational or public health use, or is not notified by the 
DOI of a potential park or recreation, historic monument, or wildlife 
conservation use, or is not notified by the HUD of a potential self-help 
housing or housing assistance requirement, or is not notified by the 
Department of Justice of a potential correctional facilities or law 
enforcement use, or is not notified by the Federal Emergency Management 
Agency of a

[[Page 501]]

potential emergency management response use; or is not notified by the 
Department of Transportation of a potential port facility or public 
airport use, it shall be assumed that no public agency or otherwise 
eligible organization desires to procure the property. (The requirements 
of this Sec. 101-47.303-2(f) shall not apply to the procedures for 
making Federal surplus real property available to assist the homeless in 
accordance with section 501 of the Stewart B. McKinney Homeless 
Assistance Act, as amended (42 U.S.C. 11411).)
    (g) The disposal agency shall promptly review each response of a 
public agency to the notice given pursuant to paragraph (b) of this 
section. The disposal agency shall determine what constitutes a 
reasonable period of time to allow the public agency to develop and 
submit a formal application for the property or its comments as to the 
compatibility of the disposal with its development plans and programs. 
When making such determination, the disposal agency shall give 
consideration to the potential suitability of the property for the use 
proposed, the length of time the public agency has stated it will 
require for its action, the protection and maintenance costs to the 
Government during such length of time, and any other relevant facts and 
circumstances. The disposal agency shall coordinate such review and 
determination with the proper office of any interested Federal agencies 
listed below:
    (1) National Park Service, Department of the Interior;
    (2) Department of Health and Human Services;
    (3) Department of Education;
    (4) Department of Housing and Urban Development;
    (5) Federal Aviation Administration, Department of Transportation;
    (6) Fish and Wildlife Service, Department of the Interior;
    (7) Federal Highway Administration, Department of Transportation;
    (8) Office of Justice Programs, Department of Justice;
    (9) Federal Emergency Management Agency; and
    (10) Maritime Administration, Department of Transportation.
    (h) When the disposal agency has made a determination as to what 
constitutes a reasonable period of time to develop and submit a formal 
application, the public agency shall be so notified. The public agency 
shall be advised of the information required in connection with an 
application to procure the property.
    (i) Upon receipt of the formal application for the property, the 
disposal agency shall consider and act upon it in accordance with the 
provisions of the statute and applicable regulations. If comments are 
received indicating that the disposal is incompatible with State, 
regional, or local development plans and programs, the disposal agency 
shall attempt to resolve the differences consistent with its statutory 
responsibilities in the disposal of surplus property.

[29 FR 16126, Dec. 3, 1964, as amended at 34 FR 11209, July 3, 1969; 35 
FR 8486, June 2, 1970; 36 FR 9776, May 28, 1971; 40 FR 22256, May 22, 
1975; 52 FR 9829, Mar. 27, 1987; 60 FR 35707, July 11, 1995; 64 FR 5616, 
Feb. 4, 1999]



Sec. 101-47.303-2a  Notice for zoning purposes.

    (a) Where the surplus land is located in an urban area as defined in 
section 806 of the Act, that copy of the notice to public agencies 
required under Sec. 101-47.303-2(b) which is sent to the head of the 
local governmental unit having jurisdiction over zoning and land use 
regulation in the area shall be accompanied by a copy of section 803 of 
the Act (see Sec. 101-47.4906a) and the transmittal letter in such 
instances shall include an additional paragraph requesting information 
concerning zoning as set forth in Sec. 101-47.4906b.
    (b) Information which is furnished by the unit of general local 
government pursuant to the action taken in paragraph (a) of this section 
shall be included in Invitations for Bid in advertised sales. In 
negotiated sales, this information shall be presented to prospective 
purchasers during the course of the negotiations and shall be included 
in the sales agreements. In either instance, this information shall be 
followed by a written statement, substantially as follows:

    The above information was obtained from ____________________ and is 
furnished pursuant to section 803 of the Federal Property and 
Administrative Services Act of 1949, as

[[Page 502]]

amended. The Government does not guarantee that the information is 
necessarily accurate or will remain unchanged. Any inaccuracies or 
changes in the above information shall not be cause for adjustment or 
rescission of any contract resulting from this Invitation for Bid or 
Sales Agreement.

    (c) If no response to a request for such zoning information is 
received, the property may be offered for sale without furnishing such 
information to prospective purchasers. If the unit of general local 
government notifies the disposal agency of its desire to zone the 
property, it shall be afforded a 30-calendar-day period (in addition to 
the 20-calendar days afforded in the notice of surplus determination) to 
issue such zoning regulations. If the zoning cannot be accomplished 
within this time frame, the sale may proceed but the prospective 
purchasers shall be advised of the pending zoning of the property.

[34 FR 11209, July 3, 1969]



Sec. 101-47.303-3  Studies.

    The disposal agency shall compile from the title documents and 
related papers appropriate information, for use in disposal actions, 
regarding all real property and related personal property available for 
disposal.



Sec. 101-47.303-4  Appraisal.

    (a) Except as otherwise provided in this subpart 101-47.3, the 
disposal agency shall in all cases obtain, as appropriate, an appraisal 
of either the fair market value or the fair annual rental value of 
property available for disposal.
    (b) No appraisal need be obtained. (1) When the property is to be 
disposed of without monetary consideration, or at a fixed price, or
    (2) When the estimated fair market value of property to be offered 
on a competitive sale basis does not exceed $50,000;

Provided, however, That the exception in paragraph (b)(1) of this 
section shall not apply to disposals that take any public benefit 
purpose into consideration in fixing the sale value of the property.
    (c) The disposal agency shall have the property appraised by 
experienced and qualified persons familiar with the types of property to 
be appraised by them. If the property is included in or eligible for 
inclusion on the National Register of Historic Places, the appraisal 
should consider the effect of historic covenants on fair market value.
    (d) Appraisal confidentiality. Appraisals, appraisal reports, 
appraisal analyses, and other pre-decisional documents obtained in 
accordance with this subpart are confidential and for the use of 
authorized personnel of Government agencies having a need for such 
information. Further, such information shall not be divulged prior to 
the delivery and acceptance of the deed. Any person engaged to collect 
or evaluate information pursuant to this paragraph shall certify that 
there is no interest, direct or indirect, in the property which would 
conflict in any manner with the preparation and submission of an 
impartial appraisal report.

[29 FR 16126, Dec. 3, 1964, as amended at 55 FR 41189, Oct. 10, 1990; 64 
FR 31732, June 14, 1999]



Sec. 101-47.304  Advertised and negotiated disposals.



Sec. 101-47.304-1  Publicity.

    (a) The disposal agency shall widely publicize all surplus real 
property and related personal property which becomes available for 
disposal hereunder, giving information adequate to inform interested 
persons of the general nature of the property and its possible uses, as 
well as any reservations, restrictions, and conditions imposed upon its 
disposal.
    (b) A condensed statement of proposed sales of surplus real property 
by advertising for competitive bids, except where the estimated fair 
market value of the property is less than $2,500, shall be prepared and 
submitted, for inclusion in the U.S. Department of Commerce publication 
``Commerce Business Daily,'' to: U.S. Department of Commerce (S-
Synopsis), room 1300, 433 West Van Buren Street, Chicago, Illinois 
60604.



Sec. 101-47.304-2  Soliciting cooperation of local groups.

    The disposal agency may consult with local groups and organizations 
and solicit their cooperation in giving

[[Page 503]]

wide publicity to the proposed disposal of the property.



Sec. 101-47.304-3  Information to interested persons.

    The disposal agency shall, upon request, supply to bona fide 
potential purchasers and lessees adequate preliminary information, and, 
with the cooperation of the holding agency where necessary, shall render 
such assistance to such persons as may enable them, insofar as feasible, 
to obtain adequate information regarding the property. The disposal 
agency shall establish procedures so that all persons showing due 
diligence are given full and complete opportunity to make an offer.



Sec. 101-47.304-4  Invitation for offers.

    In all advertised and negotiated disposals, the disposal agency 
shall prepare and furnish to all prospective purchasers or lessees 
written invitations to make an offer, which shall contain or incorporate 
by reference all the terms and conditions under which the property is 
offered for disposal, including all provisions required by statute to be 
made a part of the offer. The invitation shall further specify the form 
of the disposal instrument, which specifications shall be in accordance 
with the appropriate provisions of Secs. 101-47.307-1 and 101-47.307-2.
    (a) When the disposal agency has determined that the sale of 
specific property on credit terms is necessary to avoid retarding the 
salability of the property and the price obtainable, the invitation 
shall provide for submission of offers on the following terms:
    (1) Offers to purchase of less than $2,500 shall be for cash.
    (2) When the purchase price is $2,500 or more but less than $10,000, 
a cash downpayment of not less than 25 percent shall be required with 
the balance due in 8 years or less.
    (3) When the purchase price is $10,000 or more, a cash downpayment 
of not less than 20 percent shall be required with the balance due in 10 
years or less.
    (4) The purchaser shall furnish a promissory note secured by the 
purchase money mortgage or deed of trust on the property, whichever the 
Government determines to be appropriate.
    (5) Payment will be in equal quarter-annual installments of the 
principal together with interest on the unpaid balance.
    (6) Interest on the unpaid balance will be at the General Services 
Administration's established interest rate.
    (b) Where the disposal agency has determined that an offering of the 
property on credit terms that do not meet the standards set forth in 
Sec. 101-47.304-4(a) is essential to permit disposal of the property in 
the best interests of the Government, the invitation may provide for 
submission of offers on such alternate terms of payment as may be 
recommended by the disposal agency and approved by the Administrator of 
General Services on the basis of a detailed written statement justifying 
the need to deviate from the standard terms. The justification shall be 
based on the needs of the Federal Government as distinguished from the 
interests of the purchaser. The sale in those cases where the 
downpayment is less than 20 percent shall, unless otherwise authorized 
by the Administrator of General Services, be under a land contract which 
shall provide, in effect, for conveyance of title to the purchaser by 
quitclaim deed or other form of conveyance in accordance with the 
appropriate provisions of Secs. 101-47.307-1 and 101-47.307-2 upon 
payment of one-third of the total purchase price and accrued interest, 
or earlier if the Government so elects, and execution and delivery of 
purchaser's note and purchase money mortgage (or bond and deed of trust) 
satisfactory to the Government, to secure payment of the unpaid balance 
of the purchase price.
    (c) The disposal agency may increase the cash downpayment 
requirement or shorten the period of amortization whenever circumstances 
warrant and in the case of sales of farms, may provide for payment of 
the unpaid balance on equal semiannual or annual installment basis.
    (d) Where a sale is to be made on credit, the invitation shall 
provide that the purchaser agrees by appropriate provisions to be 
incorporated in the disposal instruments that he will not lease (unless 
the property was offered without leasing restrictions by the Government) 
or sell the property, or

[[Page 504]]

any part thereof or interest therein, without prior written 
authorization of the Government.
    (1) In appropriate cases, except as provided in Sec. 101-47.304-
4(d)(2), the invitation shall state that the disposal instrument may 
include provisions specifically authorizing leasing and/or resale and 
release of portions of the property as desired by the purchaser, 
provided that such provisions shall, in the judgment of the Government, 
be adequate to protect its security for the credit extended to the 
purchaser.
    (2) In the case of timber or mineral lands, or lands containing 
other saleable products, the invitation shall state that the disposal 
instrument may specifically provide for granting future partial releases 
to permit the resale of timber, minerals, and other saleable products, 
or authorize the leasing of mineral rights, upon payment to the 
Government of such amounts as may be required by the Government but not 
less than the proceeds of any sale or lease less such amounts as may be 
determined by the Government to represent the cost of the sale or lease.
    (3) All payments for such authorizations and/or releases shall, at 
the option of the Government, be applied against the unpaid balance of 
the indebtedness in inverse order of its maturity, or upon any 
delinquent installments of principal and interest, or used for payments 
of any delinquent taxes or insurance premiums.
    (e) Where property is offered for disposal under a land contract or 
lease, the terms and conditions contained in the invitation shall 
provide that the purchaser or lessee will be required to pay to the 
proper taxing authorities or to the disposal agency, as may be directed, 
all taxes, payments in lieu of taxes (in the event of the existence or 
subsequent enactment of legislation authorizing such payments), 
assessments or similar charges which may be assessed or imposed on the 
property, or upon the occupier thereof, or upon the use or operation of 
the property and to assume all costs of operating obligations.
    (f) Whenever property is offered for sale on credit terms or for 
lease, the terms and conditions contained in the invitation shall 
provide that the purchaser or lessee shall procure and maintain at his 
expense during the term credit is extended, or the period of the lease, 
such insurance in such amounts as may be required by the Government; 
required insurance shall be in companies acceptable to the Government 
and shall include such terms and provisions as may be required to 
provide coverage satisfactory to the Government.

[29 FR 16126, Dec. 3, 1964, as amended at 33 FR 12003, Aug. 23, 1968; 42 
FR 47205, Sept. 20, 1977]



Sec. 101-47.304-5  Inspection.

    All persons interested in the acquisition of surplus property 
available for disposal under this subpart 101-47.3 shall, with the 
cooperation of the holding agency, where necessary, and with due regard 
to its program activities, be permitted to make a complete inspection of 
such property, including any available inventory records, plans, 
specifications, and engineering reports made in connection therewith, 
subject to any necessary restrictions in the interest of national 
security and subject to such rules as may be prescribed by the disposal 
agency.
(See Secs. 101-47.304-13 and 101-47.403.)

[53 FR 29894, Aug. 9, 1988]



Sec. 101-47.304-6  Submission of offers.

    All offers to purchase or lease shall be in writing, accompanied by 
any required earnest money deposit, using the form prescribed by the 
disposal agency and, in addition to the financial terms upon which the 
offer is predicated, shall set forth the willingness of the offeror to 
abide by the terms, conditions, reservations, and restrictions upon 
which the property is offered, and shall contain such other information 
as the disposal agency may request.



Sec. 101-47.304-7  Advertised disposals.

    (a) All disposals or contracts for disposal of surplus property, 
except as provided in Secs. 101-47.304-9 and 101-47.304-10, shall be 
made after publicly advertising for bids.
    (1) The advertising for bids shall be made at such time previous to 
the disposal or contract, through such methods and on such terms and 
conditions

[[Page 505]]

as shall permit that full and free competition which is consistent with 
the value and nature of the property involved. The advertisement shall 
designate the place to which the bids are to be delivered or mailed, and 
shall state the place, date, and time of public opening.
    (2) All bids shall be publicly disclosed at the time and place 
stated in the advertisement.
    (3) Award shall be made with reasonable promptness by notice to the 
responsible bidder whose bid, conforming to the invitation for bids, 
will be most advantageous to the Government, price and other factors 
considered: Provided, That all bids may be rejected when it is in the 
public interest to do so.
    (b) Disposal and contracts for disposal of surplus property may be 
made through contract auctioneers when authorized by GSA. The auctioneer 
retained under contract shall be required to publicly advertise for bids 
in accordance with the applicable provisions of this Sec. 101-47.304-7.



Sec. 101-47.304-8  [Reserved]



Sec. 101-47.304-9  Negotiated disposals.

    (a) Disposal agencies shall obtain such competition as is feasible 
under the circumstances in all negotiations of disposals and contracts 
for disposal of surplus property. They may dispose of surplus property 
by negotiation only in the following situations:
    (1) When the estimated fair market value of the property involved 
does not exceed $15,000;
    (2) When bid prices after advertising therefor are not reasonable 
(either as to all or some part of the property) or have not been 
independently arrived at in open competition;
    (3) When the character or conditions of the property or unusual 
circumstances make it impractical to advertise publicly for competitive 
bids and the fair market value of the property and other satisfactory 
terms of disposal can be obtained by negotiation;
    (4) When the disposals will be to States, Commonwealth of Puerto 
Rico, possessions, political subdivisions thereof, or tax-supported 
agencies therein, and the estimated fair market value of the property 
and other satisfactory terms of disposal are obtained by negotiation; or
    (5) When negotiation is otherwise authorized by the Act or other 
law, such as:
    (i) Disposals of power transmission lines for public or cooperative 
power projects (see Sec. 101-47.308-1).
    (ii) Disposals for public airport utilization (see Sec. 101-47.308-
2).
    (b) Appraisal data required pursuant to the provisions of Sec. 101-
47.303-4, when needed for the purpose of conducting negotiations under 
Sec. 101-47.304-9(a) (3), (4), or (5)(i) shall be obtained under 
contractual arrangements with experienced and qualified real estate 
appraisers familiar with the types of property to be appraised by them: 
Provided, however, That in any case where the cost of obtaining such 
data from a contract appraiser would be out of proportion to the 
expected recoverable value of the property, or if for any other reason 
employing a contract appraiser would not be in the best interest of the 
Government, the head of the disposal agency or his designee should 
authorize any other method of obtaining an estimate of the fair market 
value of the property or the fair annual rental he may deem to be 
proper.
    (c) Negotiated sales to public bodies under 40 U.S.C. 484(e)(3)(H) 
will be considered only when the disposal agency has made a 
determination that a public benefit will result from the negotiated sale 
which would not be realized from a competitive sale disposal. The offer 
to purchase and the conveyance document concerning such negotiated sales 
shall contain an excess profits covenant. A standard Excess Profits 
Covenant for Negotiated Sales to Public Bodies is illustrated in 
Sec. 101-47.4908. The standard covenant is provided as a guide, and 
appropriate modifications may be made provided that its basic purpose is 
retained. The disposal agency shall monitor the property involved and 
inspect records related thereto as necessary to ensure compliance with 
the terms and conditions of the sale and may take any actions which it 
deems reasonable and prudent to recover any excess profits realized 
through the resale of the property.

[[Page 506]]

    (d) The annual report of the Administrator under section 212 of the 
Act shall contain or be accompanied by a listing and description of any 
negotiated disposals of surplus real property having an estimated fair 
market value of over $15,000, other than disposals for which an 
explanatory statement has been transmitted under Sec. 101-47.304-12.

[29 FR 16126, Dec. 3, 1964, as amended at 40 FR 22256, May 22, 1975; 51 
FR 23760, July 1, 1986; 54 FR 12198, Mar. 24, 1989]



Sec. 101-47.304-10  Disposals by brokers.

    Disposals and contracts for disposal of surplus property through 
contract realty brokers, where authorized by GSA, shall be made in the 
manner followed in similar commercial transactions. Realty brokers 
retained under contracts shall be required to give wide public notice of 
availability of the property for disposal.



Sec. 101-47.304-11  Documenting determinations to negotiate.

    The disposal agency shall document the factors leading to and the 
determination justifying disposal by negotiation of any surplus property 
under Secs. 101-47.304-9 and 101-47.304-10, and shall retain such 
documentation in the files of the agency.



Sec. 101-47.304-12  Explanatory statements.

    (a) Subject to the exception stated in Sec. 101-47.304-12(b), the 
disposal agency shall prepare an explanatory statement, as required by 
section 203(e)(6) of the Act, of the circumstances of each of the 
following proposed disposals by negotiation:
    (1) Any real property that has an estimated fair market value in 
excess of $100,000, except that any real property disposed of by lease 
or exchange shall only be subject to paragraphs (a) (2) through (4) of 
this section;
    (2) Any real property disposed of by lease for a term of 5 years or 
less; if the estimated fair annual rent is in excess of $100,000 for any 
of such years;
    (3) Any real property disposed of by lease for a term of more than 5 
years, if the total estimated rent over the term of the lease is in 
excess of $100,000; or
    (4) Any real property or real and related personal property disposed 
of by exchange, regardless of value, or any property any part of the 
consideration for which is real property.
    (b) No explanatory statement need be prepared for a disposal of 
property authorized to be disposed of without advertising by any 
provision of law other than section 203(e) of the Act.
    (c) An outline for the preparation of the explanatory statement is 
shown in Sec. 101-47.4911. A copy of the statement shall be preserved in 
the files of the disposal agency.
    (d) Each explanatory statement when prepared shall be submitted to 
the Administrator of General Services for review and transmittal by the 
Administrator of General Services by letters to the Committees on 
Government Operations and any other appropriate committees of the Senate 
and House of Representatives. The submission to the Administrator of 
General Services shall include such supporting data as may be relevant 
and necessary for evaluating the proposed action.
    (e) Copies of the Administrator of General Services' transmittal 
letters to the committees of the Congress, Sec. 101-47.304-12(d), will 
be furnished to the disposal agency.
    (f) In the absence of adverse comment by an appropriate committee or 
subcommittee of the Congress on the proposed negotiated disposal, the 
disposal agency may consummate the sale on or after 35 days from the 
date of the Administrator of General Services letters transmitting the 
explanatory statement to the committees.

[29 FR 16126, Dec. 3, 1964, as amended at 41 FR 22354, June 3, 1976; 54 
FR 12198, Mar. 24, 1989]



Sec. 101-47.304-13  Provisions relating to asbestos.

    Where the existence of asbestos on the property has been brought to 
the attention of the disposal agency by the Standard Form 118 
information provided in accordance with Sec. 101-47.202-2)(b)(9), the 
disposal agency shall incorporate such information (less any cost or 
time estimates to remove the asbestos-containing materials) in any 
Invitation for Bids/Offers to Purchase and include the following:

[[Page 507]]

              Notice of the Presence of Asbestos--Warning!

    (a) The Purchaser is warned that the property offered for sale 
contains asbestos-containing materials. Unprotected or unregulated 
exposures to asbestos in product manufacturing, shipyard, and building 
construction workplaces have been associated with asbestos-related 
diseases. Both the Occupational Safety and Health Administration (OSHA) 
and the Environmental Protection Agency (EPA) regulate asbestos because 
of the potential hazards associated with exposure to airborne asbestos 
fibers. Both OSHA and EPA have determined that such exposure increases 
the risk of asbestos-related diseases, which include certain cancers and 
which can result in disability or death.
    (b) Bidders (Offerors) are invited, urged and cautioned to inspect 
the property to be sold prior to submitting a bid (offer). More 
particularly, bidders (offerors) are invited, urged and cautioned to 
inspect the property as to its asbestos content and condition and any 
hazardous or environmental conditions relating thereto. The disposal 
agency will assist bidders (offerors) in obtaining any authorization(s) 
which may be required in order to carry out any such inspection(s). 
Bidders (Offerors) shall be deemed to have relied solely on their own 
judgment in assessing the overall condition of all or any portion of the 
property including, without limitation, any asbestos hazards or 
concerns.
    (c) No warranties either express or implied are given with regard to 
the condition of the property including, without limitation, whether the 
property does or does not contain asbestos or is or is not safe for a 
particular purpose. The failure of any bidder (offeror) to inspect, or 
to be fully informed as to the condition of all or any portion of the 
property offered, will not constitute grounds for any claim or demand 
for adjustment or withdrawal of a bid or offer after its opening or 
tender.
    (d) The description of the property set forth in the Invitation for 
Bids (Offer to Purchase) and any other information provided therein with 
respect to said property is based on the best information available to 
the disposal agency and is believed to be correct, but an error or 
omission, including but not limited to the omission of any information 
available to the agency having custody over the property and/or any 
other Federal agency, shall not constitute grounds or reason for 
nonperformance of the contract of sale, or any claim by the Purchaser 
against the Government including, without limitation, any claim for 
allowance, refund, or deduction from the purchase price.
    (e) The Government assumes no liability for damages for personal 
injury, illness, disability or death, to the Purchaser, or to the 
Purchaser's successors, assigns, employees, invitees, or any other 
person subject to Purchaser's control or direction, or to any other 
person, including members of the general public, arising from or 
incident to the purchase, transportation, removal, handling, use, 
disposition, or other activity causing or leading to contact of any kind 
whatsoever with asbestos on the property which is the subject of this 
sale, whether the Purchaser, its successors or assigns has or have 
properly warned or failed properly to warn the individual(s) injured.
    (f) The Purchaser further agrees that in its use and occupancy of 
the property it will comply with all Federal, state, and local laws 
relating to asbestos.

[53 FR 29894, Aug. 9, 1988]



Sec. 101-47.304-14  Provisions relating to hazardous substance activity.

    (a) Where the existence of hazardous substance activity has been 
brought to the attention of the disposal agency by the Standard Form 118 
information provided in accordance with Sec. 101-47.202-2(b)(10), the 
disposal agency shall incorporate such information into any Invitation 
for Bids/Offers to Purchase and include the following statements:

    Notice regarding hazardous substance activity:
    The information contained in this notice is required under the 
authority of regulations promulgated under section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA or ``Superfund''), 42 U.S.C. section 9620(h).
    The (holding agency) advises that (provide information on the type 
and quantity of hazardous substances; the time at which storage, 
release, or disposal took place; and a description of the remedial 
action taken).
    All remedial action necessary to protect human health and the 
environment with respect to the hazardous substance activity during the 
time the property was owned by the United States has been taken. Any 
additional remedial action found to be necessary shall be conducted by 
the United States.

    (b) In the case where the purchaser is a potentially responsible 
party (PRP) with respect to the hazardous substance activity, the above 
statements must be modified as appropriate to properly represent the 
liability of the PRP for any remedial action.

[56 FR 15048, Apr. 15, 1991]

[[Page 508]]



Sec. 101-47.305  Acceptance of offers.



Sec. 101-47.305-1  General.

    (a) When the head of the disposal agency or his designee determines 
that bid prices (either as to all or some part of the property) received 
after advertising therefor or received in response to the action 
authorized in paragraph (b) of this Sec. 101-47.305-1, are reasonable, 
i.e., commensurate with the fair market value of the property, and were 
independently arrived at in open competition, award shall be made with 
reasonable promptness by notice to the bidder whose bid, conforming to 
the invitation for bids, will be most advantageous to the Government, 
price and other factors considered. Any or all offers may be rejected 
when the head of the disposal agency or his designee determines it is in 
the public interest to do so.
    (b) Where the advertising does not result in the receipt of a bid at 
a price commensurate with the fair market value of the property, the 
highest bidder may, at the discretion of the head of the disposal agency 
or his designee and upon determination of responsiveness and bidder 
responsibility, be afforded an opportunity to increase his offered 
price. The bidder shall be given a reasonable period of time, not to 
exceed fifteen working days, to respond. At the time the bidder is 
afforded an opportunity to increase his bid, all other bids shall be 
rejected and bid deposits returned. Any sale at a price so increased may 
be concluded without regard to the provisions of Sec. 101-47.304-9 and 
Sec. 101-47.304-12.
    (c) The disposal agency shall allow a reasonable period of time 
within which the successful bidder shall consummate the transaction and 
shall notify the successful bidder of the period allowed.
    (d) It is within the discretion of the head of the disposal agency 
or his designee to determine whether the procedure authorized by 
paragraph (b) of this Sec. 101-47.305-1 is followed or whether the bids 
shall be rejected and the property reoffered for sale on a publicly 
advertised competitive bid basis in accordance with the provisions of 
Sec. 101-47.304-7, or disposed of by negotiation pursuant to Sec. 101-
47.306-1, or offered for disposal under other applicable provisions of 
this subpart 101-47.3.

[29 FR 16126, Dec. 3, 1964, as amended at 50 FR 25223, June 18, 1985]



Sec. 101-47.305-2  Equal offers.

    Equal offers means two or more offers that are equal in all 
respects, taking into consideration the best interests of the 
Government. If equal acceptable offers are received for the same 
property, award shall be made by a drawing by lot limited to the equal 
acceptable offers received.



Sec. 101-47.305-3  Notice to unsuccessful bidders.

    When an offer for surplus real property has been accepted, the 
disposal agency shall notify all other bidders of such acceptance and 
return their earnest money deposits, if any.



Sec. 101-47.306  Absence of acceptable offers.



Sec. 101-47.306-1  Negotiations.

    (a) When the head of the disposal agency or his designee determines 
that bid prices after advertising therefor (including the action 
authorized by the provisions of Sec. 101-47.305-1(b)) are not reasonable 
either as to all or some part of the property or were not independently 
arrived at in open competition and that a negotiated sale rather than a 
disposal by readvertising or under other applicable provisions of this 
subpart would better protect the public interest, the property or such 
part thereof may be disposed of by negotiated sale after rejection of 
all bids received: Provided, That no negotiated disposal may be made 
under this Sec. 101-47.306-1 unless:
    (1) Notification of the intention to negotiate and reasonable 
opportunity to negotiate shall have been given by the agency head or his 
designee to each responsible bidder who submitted a bid pursuant to the 
advertising;
    (2) The negotiated price is higher than the highest rejected bid 
price offered by any responsible bidder, as determined by the head of 
the agency or his designee; and
    (3) The negotiated price is the highest negotiated price offered by 
any responsible prospective purchaser.

[[Page 509]]

    (b) Any such negotiated disposal shall be subject to the applicable 
provisions of Secs. 101-47.304-9 and 101-47.304-12.



Sec. 101-47.306-2  Defense Industrial Reserve properties.

    In the event that any disposal agency is unable to dispose of any 
surplus industrial plant because of the application of the conditions 
and restrictions of the National Security Clause imposed under the 
Defense Industrial Reserve Act (50 U.S.C. 453), after making every 
practicable effort to do so, it shall notify the Secretary of Defense, 
indicating such modifications in the National Security Clause, if any, 
which in its judgment will make possible the disposal of the plant. Upon 
agreement by the Secretary of Defense to any or all of such 
modifications, the plant shall be reoffered for disposal subject to such 
modifications as may have been so agreed upon; or if such modifications 
are not agreed to, and upon request of the Secretary of Defense, the 
plant shall be transferred to the custody of GSA.

[40 FR 12078, Mar. 17, 1975]



Sec. 101-47.307  Conveyances.



Sec. 101-47.307-1  Form of deed or instrument of conveyance.

    Disposals of real property shall be by quitclaim deed or deed 
without warranty in conformity with local law and practice, unless the 
disposal agency finds that another form of conveyance is necessary to 
obtain a reasonable price for the property or to render the title 
marketable, and unless the use of such other form of conveyance is 
approved by GSA.



Sec. 101-47.307-2  Conditions in disposal instruments.

    (a) Where a sale is made upon credit, the purchaser shall agree by 
appropriate provisions to be incorporated in the disposal intruments, 
that he will not resell or lease (unless due to its character or type 
the property was offered without leasing restrictions by the disposal 
agency) the property, or any part thereof or interest therein, without 
the prior written authorization of the disposal agency and such disposal 
instruments in appropriate cases may specifically provide for such 
authorization and/or future partial releases to be granted on terms 
which will adequately protect the Government's security for the credit 
extended to the purchaser.
    (b) Except for exchange transactions initiated by the Federal 
Government for its own benefit, any disposition of land, or land and 
improvements located thereon, to public bodies by negotiation pursuant 
to Sec. 101-47.304-9(4) shall include in the deed or other disposal 
instrument a covenant substantially as follows:

    The Grantee covenants for itself, its heirs, successors, and assigns 
and every successor in interest to the property hereby conveyed, or any 
part thereof, that the said Grantee and such heirs, successors, and 
assigns shall not discriminate upon the basis of race, color, religion, 
or national origin in the use, occupancy, sale, or lease of the 
property, or in their employment practices conducted thereon. This 
covenant shall not apply, however, to the lease or rental of a room or 
rooms within a family dwelling unit; nor shall it apply with respect to 
religion to premises used primarily for religious purposes. The United 
States of America shall be deemed a beneficiary of this covenant without 
regard to whether it remains the owner of any land or interest therein 
in the locality of the property hereby conveyed and shall have the sole 
right to enforce this covenant in any court of competent jurisdiction.

    (c) Any deed, lease, or other instrument executed to dispose of 
property under this subpart, subject to reservations, restrictions, or 
conditions as to the future use, maintenance, or transfer of the 
property shall recite all covenants, representations, and agreements 
pertaining thereto.
    (d) Where the existence of hazardous substance activity has been 
brought to the attention of the disposal agency by the Standard Form 118 
information provided in accordance with Sec. 101-47.202-2(b)(10), the 
disposal agency shall incorporate such information into any deed, lease, 
or other instrument executed pursuant to part 101-47. See the language 
contained in Sec. 101-47.304-14. In the case where the purchaser is a 
potentially responsible party (PRP) with respect to the hazardous 
substance activity, the language must be modified as appropriate to 
properly represent

[[Page 510]]

the liability of the PRP for any remedial action.

[29 FR 16126, Dec. 3, 1964, as amended at 33 FR 4408, Mar. 12, 1968; 56 
FR 15049, Apr. 15, 1991]



Sec. 101-47.307-3  Distribution of conformed copies of conveyance instruments.

    (a) Two conformed copies of any deed, lease, or other instrument 
containing reservations, restrictions, or conditions regulating the 
future use, maintenance, or transfer of the property shall be provided 
the agency charged with enforcement of such reservations, restrictions, 
or conditions.
    (b) A conformed copy of the deed, lease, or other conveyance 
instrument shall be provided to the holding agency by the disposal 
agency.



Sec. 101-47.307-4  Disposition of title papers.

    The holding agency shall, upon request, deliver to the disposal 
agency all title papers in its possession relating to the property 
reported excess. The disposal agency may transfer to the purchaser of 
the property, as a part of the disposal transaction, the pertinent 
records authorized by Sec. 101-11.404-2, to be so transferred. If the 
purchaser of the property wishes to obtain additional records, copies 
thereof may be furnished to the purchaser at an appropriate charge, as 
determined by the agency having custody of the records.

[33 FR 572, Jan. 17, 1968]



Sec. 101-47.307-5  Title transfers from Government corporations.

    In order to facilitate the administration and disposition of real 
property when record title to such property is not in the name of the 
United States of America, the holding agency, upon request of the 
Administrator of General Services, shall deliver to the disposal agency 
a quitclaim deed, or other instrument of conveyance without warranty, 
expressed or implied, transferring all of the right, title, and interest 
of the holding agency in such property to the United States of America.



Sec. 101-47.307-6  Proceeds from disposals.

    All proceeds (except so much thereof as may be otherwise obligated, 
credited, or paid under authority of those provisions of law set forth 
in section 204(b)-(e) of the Act (40 U.S.C. 485(b)-(e)), or the 
Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any 
later appropriation act) hereafter received from any sale, lease, or 
other disposition of surplus real property and related personal property 
shall be covered into the land and water conservation fund in the 
Treasury of the United States.

[30 FR 754, Jan. 23, 1965]



Sec. 101-47.308  Special disposal provisions.



Sec. 101-47.308-1  Power transmission lines.

    (a) Pursuant and subject to the provisions of section 13(d) of the 
Surplus Property Act of 1944 (50 U.S.C. App. 1622(d)), which is 
continued in effect by section 602(a) of the Federal Property and 
Administrative Services Act of 1949, any State or political subdivision 
thereof, or any State or Government agency or instrumentality may 
certify to the disposal agency that a surplus power transmission line 
and the right-of-way acquired for its construction is needful for or 
adaptable to the requirements of a public or cooperative power project. 
Disposal agencies shall notify such State entities and Government 
agencies of the availability of such property in accordance with 
Sec. 101-47.303-2.
    (b) Notwithstanding any other provisions of this subpart, whenever a 
State or political subdivision thereof, or a State or Government agency 
or instrumentality certifies that such property is needful for or 
adaptable to the requirements of a public or cooperative power project, 
the property may be sold for such utilization at the fair market value 
thereof.
    (c) In the event a sale cannot be accomplished by reason of the 
price to be charged or otherwise and the certification is not withdrawn, 
the disposal agency shall report the facts involved to the Administrator 
of General Services, for a determination by him as to

[[Page 511]]

the further action to be taken to dispose of the property.
    (d) Any power transmission line and right-of-way not disposed of 
pursuant to the provisions of this section shall be disposed of in 
accordance with other applicable provisions of this subpart, including, 
if appropriate, reclassification by the disposal agency.



Sec. 101-47.308-2  Property for public airports.

    (a) Pursuant and subject to the provisions of section 13(g) of the 
Surplus Property Act of 1944 (49 U.S.C. 47151), airport property may be 
conveyed or disposed of to a State, political subdivision, municipality, 
or tax-supported institution for a public airport. Airport property is 
any surplus real property including improvements and personal property 
located thereon as a part of the operating unit (exclusive of property 
the highest and best use of which is determined by the Administrator of 
General Services to be industrial and which shall be so classified for 
disposal without regard to the provisions of this section) which, in the 
determination of the Administrator of the Federal Aviation 
Administration (FAA) is essential, suitable, or desirable for the 
development, improvement, operation, or maintenance of a public airport, 
as defined in the Federal Airport Act, as amended (49 U.S.C. 1101), or 
reasonably necessary to fulfill the immediate and foreseeable future 
requirements of the grantee for the development, improvement, operation, 
or maintenance of a public airport, including property needed to develop 
sources of revenue from nonaviation businesses at a public airport.
    (b) The disposal agency shall notify eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that property which 
may be disposed of for use as a public airport under the Act of 1944, as 
amended, has been determined to be surplus. There shall betransmitted 
with the copy of each such notice when sent to the proper regional 
office of the Federal Aviation Administration, Sec. 101-47.303-2(d), a 
copy of the holding agency's Report of Excess Real Property (Standard 
Form 118, with accompanying schedules).
    (c) As promptly as possible after receipt of the copy of the notice 
given to eligible public agencies and the copy of Standard Form 118, the 
Federal Aviation Administration shall inform the disposal agency of the 
determination of the Administrator of the Federal Aviation 
Administration required by the provisions of the Act of 1944, as 
amended. The Federal Aviation Administration, thereafter, shall render 
such assistance to any eligible public agency known to have a need for 
the property for a public airport as may be necessary for such need to 
be considered in the development of a comprehensive and coordinated plan 
of use and procurement for the property. An application form and 
instructions for the preparation of an application shall be furnished to 
the eligible public agency by the disposal agency upon request.
    (d) Whenever an eligible public agency has submitted a plan of use 
and application to acquire property for a public airport, in accordance 
with the provisions of Sec. 101-47.303-2, the disposal agency shall 
transmit two copies of the plan and two copies of the application to the 
proper regional office of the Federal Aviation Administration. The 
Federal Aviation Administration shall promptly submit to the disposal 
agency a recommendation for disposal of the property for a public 
airport or shall inform the disposal agency that no such recommendation 
will be submitted.
    (e) Upon receipt of such recommendation, the disposal agency may, 
with the approval of the head of the disposal agency or his designee, 
convey property recommended by the Federal Aviation Administration for 
disposal for a public airport to the eligible public agency, subject to 
the provisions of the Surplus Property Act of 1944, as amended. Approval 
for aviation areas shall be based on established FAA guidelines, 
criteria, and requirements for such areas. Approval for nonaviation 
revenue-producing areas shall be given only for such areas as are 
anticipated to generate net proceeds which do not exceed expected 
deficits for operation of the aviation area applied for at the airport.

[[Page 512]]

    (f) Any airport property not recommended by the Federal Aviation 
Administration for disposal pursuant to the provisions of this 
subsection for use as a public airport shall be disposed of in 
accordance with other applicable provisions of this subpart. However, 
the holding agency shall first be notified of the inability of the 
disposal agency to dispose of the property for use as a public airport 
and shall be allowed 30 days to withdraw the property from surplus or to 
waive any future interest in the property for public airport use.
    (g) The Administrator of the Federal Aviation Administration has the 
sole responsibility for enforcing compliance with the terms and 
conditions of disposal, and for the reformation, correction, or 
amendment of any disposal instrument and the granting of releases and 
for taking any necessary action for recapturing such property in 
accordance with the provisions of the Act of October 1, 1949, 63 Stat. 
700, and section 1402(c) of the Federal Aviation Act of 1958, 72 Stat. 
807 (50 U.S.C. App. 1622a-1622c).
    (h) In the event title to any such property is revested in the 
United States by reason of noncompliance with the terms and conditions 
of disposal, or other cause, the Administrator of the Federal Aviation 
Administration shall have accountability for the property and shall 
report the property to GSA as excess property in accordance with the 
provisions of Sec. 101-47.202.
    (i) Section 23 of the Airport and Airway Development Act of 1970 
(Airport Act of 1970) is not applicable to the transfer of airports to 
State and local agencies. The transfer of airports to State and local 
agencies may be made only under section 13(g) of the Surplus Property 
Act of 1944 which is continued in effect by the Act. Only property which 
the holding agency determines cannot be reported excess to GSA for 
disposition under the Act, but which, nevertheless, may be made 
available for use by a State or local public body for public airport 
purposes without being inconsistent with the Federal program of the 
holding agency, may be conveyed under section 23 of the Airport Act of 
1970. In the latter instance, section 23 may be used for the transfer of 
nonexcess land for airport development purposes providing that such real 
property does not constitute an entire airport. An entire, existing and 
established airport can only be disposed of to a State or eligible local 
government under section 13(g) of the Surplus Property Act of 1944.

[29 FR 16126, Dec. 3, 1964, as amended at 42 FR 46305, Sept. 15, 1977; 
48 FR 1301, Jan. 12, 1983; 60 FR 35707, July 11, 1995]



Sec. 101-47.308-3  Property for use as historic monuments.

    (a) Under section 203(k)(3) of the act, the disposal agency may, in 
its discretion, convey, without monetary consideration, to any State, 
political subdivision, instrumentalities thereof, or municipality, 
surplus real and related personal property for use as a historic 
monument for the benefit of the public provided the Secretary of the 
Interior has determined that the property is suitable and desirable for 
such use. No property shall be determined to be suitable or desirable 
for use as a historic monument except in conformity with the 
recommendation of the Advisory Board on National Parks, Historic Sites, 
Buildings, and Monuments. In addition, the disposal agency may authorize 
the use of property conveyed under subsection 203(k)(3) of the act or 
the Surplus Property Act of 1944, as amended, for revenue-producing 
activities if the Secretary of the Interior:
    (1) Determines that such activities, as described in the applicant's 
proposed program of utilization, are compatible with the use of the 
property for historic monument purposes;
    (2) Approves the grantee's plan for repair, rehabilitation, 
restoration, and maintenance of the property;
    (3) Approves the grantee's plan for financing the repair, 
rehabilitation, restoration, and maintenance of the property. The plan 
shall not be approved unless it provides that all incomes in excess of 
costs of repair, rehabilitation, restoration, maintenance and a 
specified reasonable profit or payment that may accrue to a lessor, 
sublessor, or developer in connection with the management, operation, or 
development of the property for revenue producing activities shall be 
used by the grantee,

[[Page 513]]

lessor, sublessor, or developer, only for public historic preservation, 
park, or recreational purposes; and
    (4) Examines and approves the grantee's accounting and financial 
procedures for recording and reporting on revenue-producing activities.
    (b) The disposal agency shall notify State and areawide 
clearinghouses and eligible public agencies, in accordance with the 
provisions of Sec. 101-47.303-2, that property which may be disposed of 
for use as a historic monument has been determined to be surplus. A copy 
of the holding agency's Standard Form 118, Report of Excess Real 
Property, with accompanying schedules shall be transmitted with the copy 
of each such notice when it is sent to the proper regional office of the 
Bureau of Outdoor Recreation as provided in Sec. 101-47.303-2(d).
    (c) Upon request, the disposal agency shall furnish eligible public 
agencies with an application form to acquire real property for permanent 
use as a historic monument and advise the potential applicant that it 
should consult with the appropriate Bureau of Outdoor Recreation 
Regional Office early in the process of developing the application.
    (d) Eligible public agencies shall submit the original and two 
copies of the completed application to acquire real property for use as 
a historic monument in accordance with the provisions of Sec. 101-
47.303-2 to the appropriate Bureau of Outdoor Recreation Regional Office 
which will forward one copy of the application to the appropriate 
regional office of the disposal agency. After consultation with the 
National Park Service, the Bureau of Outdoor Recreation shall promptly 
submit to the disposal agency the determination required of the 
Secretary of the Interior under section 203(k)(3) of the act for 
disposal of the property for a historic monument and compatible revenue-
producing activities or shall inform the disposal agency that no such 
recommendation will be submitted.
    (e) Upon receipt of the determination, the disposal agency may with 
the approval of the head of the disposal agency or his designee convey 
to an eligible public agency property determined by the Secretary of the 
Interior to be suitable and desirable for use as a historic monument for 
the benefit of the public and for compatible revenue-producing 
activities subject to the provisions of section 203(k)(3) of the Act.
    (f) The Secretary of the Interior has the responsibility for 
enforcing compliance with the terms and conditions of disposals; the 
reformation, correction, or amendment of any disposal instrument; the 
granting of releases; and any action necessary for recapturing such 
property in accordance with the provisions of section 203(k)(4) of the 
act. Any such action shall be subject to the disapproval of the head of 
the disposal agency.
    (g) The Department of the Interior shall notify the appropriate GSA 
regional Real Property Division, Public Buildings Service, immediately 
by letter when title to such historic property is to be revested in the 
United States for noncompliance with the terms and conditions of 
disposal or for other cause. The notification shall cite the legal and 
administrative actions that the Department must take to obtain full 
title and possession of the property. In addition, it shall include an 
adequate description of the property, including any improvements 
constructed thereon since the original conveyance to the grantee. Upon 
receipt of a statement from the Department that title to the property 
has revested, GSA will assume custody and accountability of the 
property. However, the grantee shall be required to provide protection 
and maintenance of the property until such time as the title reverts to 
the Federal Government, including the period of any notice of intent to 
revert. Such protection and maintenance shall, at a minimum, conform to 
to the standards prescribed in Sec. 101-47.4913.

[40 FR 22257, May 22, 1975, as amended at 49 FR 44472, Nov. 7, 1984]



Sec. 101-47.308-4  Property for educational and public health purposes.

    (a) The head of the disposal agency or his designee is authorized, 
at his discretion:
    (1) To assign to the Secretary of the Department of Education (ED) 
for disposal under section 203(k)(1) of the Act such surplus real 
property, including

[[Page 514]]

buildings, fixtures, and equipment situated thereon, as is recommended 
by the Secretary as being needed for school, classroom, or other 
educational use, or
    (2) To assign to the Secretary of Health and Human Services (HHS) 
for disposal under section 203(k)(1) of the Act such surplus real 
property, including buildings, fixtures, and equipment situated thereon, 
as is recommended by the Secretary as being needed for use in the 
protection of public health, including research.
    (b) With respect to real property and related personal property 
which may be made available for assignment to ED or HHS for disposal 
under section 203(k)(1) of the Act for educational or public health 
purposes, the disposal agency shall notify eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that such property 
has been determined to be surplus. Such notice to eligible public 
agencies shall state that any planning for an educational or public 
health use, involved in the development of the comprehensive and 
coordinated plan of use and procurement for the property, must be 
coordinated with ED or HHS, as appropriate, and that an application form 
for such use of the property and instructions for the preparation and 
submission of an application may be obtained from ED or HHS. The 
requirement for educational or public health use of the property by an 
eligible public agency will be contingent upon the disposal agency's 
approval under paragraph (i) of this section, of a recommendation for 
assignment of Federal surplus real property received from ED or HHS and 
any subsequent transfer shall be subject to the disapproval of the head 
of the disposal agency as stipulated under section 203(k)(1) (A) or (B) 
of the Act and referenced in paragraph (j) of this section.
    (c) With respect to surplus real property and related personal 
property which may be made available for assignment to either Secretary 
for disposal under section 203(k)(1) of the Act for educational or 
public health purposes to nonprofit institutions which have been held 
exempt from taxation under section 501(c)(3) of the Internal Revenue 
Code of 1954 (26 U.S.C. 501(c)(3)), ED or HHS may notify eligible 
nonprofit institutions, in accordance with the provisions of Sec. 101-
47.303-2(e), that such property has been determined to be surplus. Any 
such notice to eligible nonprofit institutions shall state that any 
requirement for educational or public health use of the property should 
be coordinated with the public agency declaring to the disposal agency 
an intent to develop and submit a comprehensive and coordinated plan of 
use and procurement for the property. The requirement for educational or 
public health use of the property by an eligible nonprofit institution 
will be contingent upon the disposal agency's approval, under paragraph 
(i) of this section, of an assignment recommendation received from ED or 
HHS and any subsequent transfer shall be subject to the disapproval of 
the head of the disposal agency as stipulated under section 203(k)(1) 
(A) or (B) of the Act and referenced in (j) below.
    (d) ED and HHS shall notify the disposal agency within 20-calendar 
days after the date of the notice of determination of surplus if it has 
an eligible applicant interested in acquiring the property. Whenever ED 
or HHS has notified the disposal agency within the said 20-calendar day 
period of a potential educational or public health requirement for the 
property, ED or HHS shall submit to the disposal agency within 25-
calendar days after the expiration of the 20-calendar day period, a 
recommendation for assignment of the property, or shall inform the 
disposal agency, within the 25-calendar day period, that a 
recommendation will not be made for assignment of the property.
    (e) Whenever an eligible public agency has submitted a plan of use 
for property for an educational or public health requirement, in 
accordance with the provisions of Sec. 101-47.303-2, the disposal agency 
shall transmit two copies of the plan to the regional office of ED or 
HHS as appropriate. ED or HHS shall submit to the disposal agency, 
within 25-calendar days after the date the plan is transmitted, a 
recommendation for assignment of the property to the Secretary of ED or 
HHS, or shall inform

[[Page 515]]

the disposal agency, within the 25-calendar day period, that a 
recommendation will not be made for assignment of the property to ED or 
HHS as appropriate.
    (f) Any assignment recommendation submitted to the disposal agency 
by ED or HHS shall set forth complete information concerning the 
educational or public health use, including: (1) Identification of the 
property, (2) the name of the applicant and the size and nature of its 
program, (3) the specific use planned, (4) the intended public benefit 
allowance, (5) the estimate of the value upon which such proposed 
allowance is based, and, (6) if the acreage or value of the property 
exceeds the standards established by the Secretary, an explanation 
therefor. ED or HHS shall furnish to the holding agency a copy of the 
recommendation, unless the holding agency is also the disposal agency.
    (g) Holding agencies shall cooperate to the fullest extent possible 
with representatives of ED or HHS in their inspection of such property 
and in furnishing information relating thereto.
    (h) In the absence of an assignment recommendation from ED or HHS 
submitted pursuant to Sec. 101-47.308-4 (d) or (e), and received within 
the 25-calendar day time limit specified therein, the disposal agency 
shall proceed with other disposal action.
    (i) If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from ED or HHS, it shall 
assign the property by letter or other document to the Secretary of ED 
or HHS as appropriate. If the recommendation is disapproved, the 
disposal agency shall likewise notify the appropriate Department. The 
disposal agency shall furnish to the holding agency a copy of the 
assignment, unless the holding agency is also the disposal agency.
    (j) Subsequent to the receipt of the disposal agency's letter of 
assignment, ED or HHS shall furnish to the disposal agency a Notice of 
Proposed Transfer in accordance with section 203(k)(1) (A) or (B) of the 
Act. If the disposal agency has not disapproved the proposed transfer 
within 30-calendar days of the receipt of the Notice of Proposed 
Transfer, ED or HHS may proceed with the transfer.
    (k) ED or HHS shall furnish the Notice of Proposed Transfer within 
35-calendar days after the disposal agency's letter of assignment and 
shall prepare the transfer documents and take all necessary actions to 
accomplish the transfer within 15-calendar days after the expiration of 
the 30-calendar day period provided for the disposal agency to consider 
the notice. ED or HHS shall furnish the disposal agency two conformed 
copies of deeds, leases or other instruments conveying the property 
under section 203(k)(1) (A) or (B) of the Act and all related documents 
containing restrictions or conditions regulating the future use, 
maintenance or transfer of the property.
    (l) ED or HHS, as appropriate, has the responsibility for enforcing 
compliance with the terms and conditions of transfer; for the 
reformation, correction, or amendment of any transfer instrument; for 
the granting of releases; and for the taking of any necessary actions 
for recapturing such property in accordance with the provisions of 
section 203(k)(4) of the Act. Any such action shall be subject to the 
disapproval of the head of the disposal agency. Notice to the head of 
the disposal agency by ED or HHS of any action proposed to be taken 
shall identify the property affected, set forth in detail the proposed 
action, and state the reasons therefor.
    (m) In each case of repossession under a terminated lease or 
reversion of title by reason of noncompliance with the terms or 
conditions of sale or other cause, ED or HHS shall, at or prior to such 
repossession or reversion of title, provide the appropriate GSA regional 
office with an accurate description of the real and related personal 
property involved. Standard Form 118, Report of Excess Real Property, 
and the appropriate schedules shall be used for this purpose. Upon 
receipt of advice from ED or HHS that such property has been repossessed 
or title has reverted, GSA will assume custody of and accountability for 
the property. However, the grantee shall be required to provide 
protection and maintenance for the property until such time as the title 
reverts to the

[[Page 516]]

Federal Government, including the period of any notice of intent to 
revert. Such protection and maintenance shall, at a minimum, conform to 
the standards prescribed in Sec. 101-47.4913.

[49 FR 3465, Jan. 27, 1984]



Sec. 101-47.308-5  [Reserved]



Sec. 101-47.308-6  Property for providing self-help housing or housing assistance.

    (a) Property for self-help housing or housing assistance, as defined 
in section 203(k)(6)(C) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C.), is property for low-income 
housing opportunities through the construction, rehabilitation, or 
refurbishment of self-help housing, under terms that require that:
    (1) Any individual or family receiving housing or housing assistance 
constructed, rehabilitated, or refurbished through use of the property 
shall contribute a significant amount of labor toward the construction, 
rehabilitation, or refurbishment; and
    (2) Dwellings constructed, rehabilitated, or refurbished through use 
of the property shall be quality dwellings that comply with local 
building and safety codes and standards and shall be available at prices 
below prevailing market prices.

    Note to paragraph (a):
    This program is separate from the program under Title V of the 
Stewart B. McKinney Act of 1987, which is covered in 41 CFR subpart 101-
47.9 (Use of Federal Real Property To Assist the Homeless).

    (b) The head of the disposal agency, or his/her designee, is 
authorized, at his/her discretion to assign to the Secretary of the 
Department of Housing and Urban Development (HUD) for disposal under 
section 203(k)(6) of the Act such surplus real property, including 
buildings, fixtures, and equipment situated thereon, as is recommended 
by the Secretary as being needed for providing self-help housing or 
housing assistance for low-income individuals or families.
    (c) With respect to real property and related personal property 
which may be made available for assignment to HUD for disposal under 
section 203(k)(6) of the Act for self-help housing or housing assistance 
purposes, the disposal agency shall notify eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that such property 
has been determined to be surplus. Such notice to eligible public 
agencies shall state that any planning for self-help housing or housing 
assistance use involved in the development of the comprehensive and 
coordinated plan of use and procurement for the property must be 
coordinated with HUD and that an application form for such use of the 
property and instructions for the preparation and submission of an 
application may be obtained from HUD. The requirement for self-help 
housing or housing assistance use of the property by an eligible public 
agency will be contingent upon the disposal agency's approval under 
paragraph (j) of this section and a recommendation for assignment of 
Federal surplus real property received from HUD. Any subsequent transfer 
shall be subject to the disapproval of the head of the disposal agency 
as stipulated under section 203(k)(6)(B) of the Act and referenced in 
paragraph (k) of this section.
    (d) With respect to surplus real property and related personal 
property which may be made available for assignment to HUD for disposal 
under section 203(k)(6) of the Act for self-help housing or housing 
assistance purposes to nonprofit organizations that exist for the 
primary purpose of providing housing or housing assistance for low-
income individuals or families, HUD may notify such eligible nonprofit 
organizations, in accordance with the provisions of Sec. 101-47.303-
2(e), that such property has been determined to be surplus. Any such 
notice to eligible nonprofit organizations shall state that any 
requirement for housing or housing assistance use of the property should 
be coordinated with the public agency declaring to the disposal agency 
an intent to develop and submit a comprehensive and coordinated plan of 
use and procurement for the property. The requirement for self-help 
housing or housing assistance use of the property by an eligible 
nonprofit organization will be contingent upon the disposal agency's 
approval, under paragraph (j) of this section, of an assignment 
recommendation received from

[[Page 517]]

HUD, and any subsequent transfer shall be subject to the disapproval of 
the head of the disposal agency as stipulated under section 203(k)(6)(B) 
of the Act and referenced in paragraph (k) of this section.
    (e) HUD shall notify the disposal agency within 30-calendar days 
after the date of the notice of determination of surplus if it has an 
eligible applicant interested in acquiring the property. Whenever HUD 
has notified the disposal agency within the 30-calendar day period of a 
potential self-help housing or housing assistance requirement for the 
property, HUD shall submit to the disposal agency within 25-calendar 
days after the expiration of the 30-calendar day period, a 
recommendation for assignment of the property, or shall inform the 
disposal agency, within the 25-calendar day period, that a 
recommendation will not be made for assignment of the property.
    (f) Whenever an eligible public agency has submitted a plan of use 
for property for a self-help housing or housing assistance requirement, 
in accordance with the provisions of Sec. 101-47.303-2, the disposal 
agency shall transmit two copies of the plan to the regional office of 
HUD. HUD shall submit to the disposal agency, within 25-calendar days 
after the date the plan is transmitted, a recommendation for assignment 
of the property to the Secretary of HUD, or shall inform the disposal 
agency, within the 25-calendar day period, that a recommendation will 
not be made for assignment of the property to HUD.
    (g) Any assignment recommendation submitted to the disposal agency 
by HUD shall set forth complete information concerning the self-help 
housing or housing assistance use, including:
    (1) Identification of the property;
    (2) Name of the applicant and the size and nature of its program;
    (3) Specific use planned;
    (4) Intended public benefit allowance;
    (5) Estimate of the value upon which such proposed allowance is 
based; and
    (6) If the acreage or value of the property exceeds the standards 
established by the Secretary, an explanation therefor.

    Note to paragraph (g):
    HUD shall furnish to the holding agency a copy of the 
recommendation, unless the holding agency is also the disposal agency.

    (h) Holding agencies shall cooperate to the fullest extent possible 
with representatives of HUD in their inspection of such property and in 
furnishing information relating thereto.
    (i) In the absence of an assignment recommendation from HUD 
submitted pursuant to Sec. 101-47.308-6(e) or (f), and received within 
the 25-calendar day time limit specified therein, the disposal agency 
shall proceed with other disposal actions.
    (j) If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from HUD, it shall assign 
the property by letter or other document to the Secretary of HUD. If the 
recommendation is disapproved, the disposal agency shall likewise notify 
the Secretary of HUD. The disposal agency shall furnish to the holding 
agency a copy of the assignment, unless the holding agency is also the 
disposal agency.
    (k) Subsequent to the receipt of the disposal agency's letter of 
assignment, HUD shall furnish to the disposal agency a Notice of 
Proposed Transfer in accordance with section 203(k)(6)(B) of the Act. If 
the disposal agency has not disapproved the proposed transfer within 30-
calendar days of the receipt of the Notice of Proposed Transfer, HUD may 
proceed with the transfer.
    (l) HUD shall furnish the Notice of Proposed Transfer within 35-
calendar days after the disposal agency's letter of assignment and shall 
prepare the transfer documents and take all necessary actions to 
accomplish the transfer within 15-calendar days after the expiration of 
the 30-calendar day period provided for the disposal agency to consider 
the notice. HUD shall furnish the disposal agency two conformed copies 
of deeds, leases or other instruments conveying the property under 
section 203(k)(6) of the Act and all related documents containing 
restrictions or conditions regulating the future use, maintenance or 
transfer of the property.
    (m) HUD has the responsibility for enforcing compliance with the 
terms and conditions of transfer; for the reformation, correction, or 
amendment of

[[Page 518]]

any transfer instrument; for the granting of releases; and for the 
taking of any necessary actions for recapturing such property in 
accordance with the provisions of section 203(k)(4) of the Act. HUD 
maintains the same responsibility for properties previously conveyed 
under section 414(a) of the 1969 HUD Act. Any such action shall be 
subject to the disapproval of the head of the disposal agency. Notice to 
the head of the disposal agency by HUD of any action proposed to be 
taken shall identify the property affected, set forth in detail the 
proposed action, and state the reasons therefor.
    (n) If any property previously conveyed under section 414(a) of the 
1969 HUD Act, as amended, to an entity other than a public body is used 
for any purpose other than the purpose for which it was sold or leased 
within a period of 30 years of the conveyance, it shall revert to the 
United States (or, in the case of leased property, the lease shall 
terminate) unless the appropriate Secretary (HUD or the Secretary of 
Agriculture (USDA)) and the Administrator of General Services, after the 
expiration of the first 20 years of such period, approve the use of the 
property for such other purpose.
    (o) In each case of repossession under a terminated lease or 
reversion of title by reason of noncompliance with the terms or 
conditions of sale or other cause, HUD (or USDA for property conveyed 
through the former Farmers Home Administration program under section 
414(a) of the 1969 HUD Act) shall, at or prior to such repossession or 
reversion of title, provide the appropriate GSA regional office with an 
accurate description of the real and related personal property involved. 
Standard Form 118, Report of Excess Real Property, and the appropriate 
schedules shall be used for this purpose. Upon receipt of advice from 
HUD (or USDA) that such property has been repossessed or title has 
reverted, GSA will act upon the Standard Form 118. The grantee shall be 
required to provide protection and maintenance for the property until 
such time as the title reverts to the Federal Government, including the 
period of any notice of intent to revert. Such protection and 
maintenance shall, at a minimum, conform to the standards prescribed in 
Sec. 101-47.4913.

[64 FR 5617, Feb. 4, 1999]



Sec. 101-47.308-7  Property for use as public park or recreation areas.

    (a) The head of the disposal agency or his designee is authorized, 
in his discretion, to assign to the Secretary of the Interior for 
disposal under section 203(k)(2) of the Act for public park or 
recreation purposes, such surplus real property, including buildings, 
fixtures, and equipment situated thereon, as is recommended by the 
Secretary as being needed for use as a public park or recreation area 
for disposal by the Secretary to a State, political subdivision, 
instrumentalities thereof, or municipality.
    (b) The disposal agency shall notify established State and regional 
or metropolitan clearinghouses and eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that property which 
may be disposed of for use as a public park or recreation area has been 
determined to be surplus. There shall be transmitted with the copy of 
each such notice, when sent to the proper field office of the Bureau of 
Outdoor Recreation, a copy of the holding agency's Report of Excess Real 
Property (Standard Form 118, with accompanying schedules).
    (c) An application form to acquire property for permanent use as a 
public park or recreation area and instructions for the preparation of 
the application shall be furnished by the Department of the Interior 
upon request.
    (d) The Department of the Interior shall notify the disposal agency 
within 20 calendar days after the date of the notice of determination of 
surplus if it has an eligible applicant interested in acquiring the 
property under section 203(k)(2) of the Act.
    (e) Holding agencies shall cooperate to the fullest extent possible 
with representatives of the Department of the Interior in their 
inspection of such property and in furnishing information relating 
thereto.
    (f) The Department of the Interior shall advise the disposal agency 
and request assignment of the property for disposition under section 
203(k)(2) of

[[Page 519]]

the Act, as amended, within 25 calendar days after the expiration of the 
20-calendar-day period specified in paragraph (d) of this section.
    (g) Any recommendation submitted by the Department of the Interior 
pursuant to paragraph (f) of this section shall set forth complete 
information concerning the plans for use of the property as a public 
park or recreation area, including (1) identification of the property, 
(2) the name of the applicant, (3) the specific use planned, and (4) the 
intended public benefit allowance. A copy of the application together 
with any other pertinent documentation shall be submitted with the 
recommendation.
    (h) In the absence of a notice under paragraph (d) of this section 
or a request under paragraph (f) of this section, the disposal agency 
shall proceed with the appropriate disposal action.
    (i) If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from the Department of the 
Interior, it shall assign the property by letter or other document to 
the Secretary of the Interior. If the recommendation is disapproved, the 
disposal agency shall likewise notify the Secretary. The disposal agency 
shall furnish to the holding agency a copy of the assignment, unless the 
holding agency is also the disposal agency.
    (j) Subsequent to the receipt of the disposal agency's letter of 
assignment, the Secretary of the Interior shall furnish to the disposal 
agency a Notice of Proposed Transfer, in accordance with section 
203(k)(2)(A) of the Act. If the disposal agency has not disapproved the 
proposed transfer within 30-calendar days of the receipt of the Notice 
of Proposed Transfer, the Secretary may proceed with the transfer.
    (k) The disposal agency may, where appropriate, make the assignment 
subject to the Department of the Interior requiring the applicant to 
bear the cost of any out-of-pocket expenses necessary to accomplish the 
transfer of the property, such as surveys, fencing, security of the 
remaining property or otherwise.
    (l) In the absence of the notice of disapproval by the disposal 
agency upon expiration of the 30-day period, or upon earlier advice from 
the disposal agency of no objection to the proposed transfer, the 
Department of the Interior may place the applicant in possession of the 
property as soon as practicable in order to minimize the Government's 
expense of protection and maintenance of the property. As of the date of 
assumption of possession of the property, or the date of conveyance, 
whichever occurs first, the applicant shall assume responsibility for 
care and handling and all risks of loss or damage to the property, and 
shall have all obligations and liabilities of ownership.
    (m) The Department of the Interior shall furnish the Notice of 
Proposed Transfer within 35-calendar days after the disposal agency's 
letter of assignment and shall take all necessary actions to accomplish 
the transfer within 15-calendar days after the expiration of the 30-
calendar day period provided for the disposal agency to consider the 
notice.
    (n) The deed of conveyance of any surplus real property transferred 
under the provision of section 202(k)(2) of the Act shall provide that 
all such property be used and maintained for the purpose for which it 
was conveyed in perpetuity, and that in the event that such property 
ceases to be used or maintained for such purpose during such period, all 
or any portion of such property shall in its then existing condition, at 
the option of the United States, revert to the United States and may 
contain such additional terms, reservations, restrictions, and 
conditions as may be determined by the Secretary of the Interior to be 
necessary to safeguard the interest of the United States.
    (o) The Department of the Interior shall furnish the disposal agency 
two conformed copies of deeds, leases, or other instruments conveying 
property under section 203(k)(2) of the Act and related documents 
containing reservations, restrictions, or conditions regulating the 
future use, maintenance or transfer of the property.
    (p) The Secretary of the Interior has the responsibility for 
enforcing compliance with the terms and conditions of transfer; the 
reformation, correction, or amendment of any transfer instrument; the 
granting of releases; and any

[[Page 520]]

necessary actions for recapturing such property in accordance with the 
provisions of section 202(k)(4) of the Act. Any such action shall be 
subject to the disapproval of the head of the disposal agency. Notice to 
the head of the disposal agency by the Secretary of any action proposed 
to be taken shall identify the property affected, set forth in detail 
the proposed action, and state the reasons therefor.
    (q) The Department of the Interior shall notify the appropriate GSA 
regional office immediately by letter when title to property transferred 
for use as a public park or recreation area is to be revested in the 
United States for noncompliance with the terms or conditions of disposal 
or for other cause. The notification shall cite the legal and 
administrative actions that the Department must take to obtain full 
title and possession of the property. In addition, it shall include an 
adequate description of the property, including any improvements 
constructed thereon since the original conveyance to the grantee. Upon 
receipt of a statement from the Department that title to the property 
has revested, GSA will assume custody of and accountability for the 
property. However, the grantee shall be required to provide protection 
and maintenance for the property until such time as the title reverts to 
the Federal Government, including the period of any notice of intent to 
revert. Such protection and maintenance shall, at a minimum, conform to 
the standards prescribed in Sec. 101-47.4913.

[36 FR 9776, May 28, 1971, as amended at 49 FR 3467, Jan. 27, 1984]



Sec. 101-47.308-8  Property for displaced persons.

    (a) Pursuant to section 218 of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970, the disposal agency is 
authorized to transfer surplus real property to a State agency, as 
hereinafter provided, for the purpose of providing replacement housing 
under title II of this Act for persons who are to be displaced by 
Federal or federally assisted projects.
    (b) Upon receipt of the notice of surplus determination (Sec. 101-
47.204-1(a)), any Federal agency having a requirement for such property 
for housing for displaced persons may solicit applications from eligible 
State agencies.
    (c) Federal agencies shall notify the disposal agency within 20 
calendar days after the date of the notice of determination of surplus 
if it is able to interest an eligible State agency in acquiring the 
property under section 218.
    (d) Both holding and disposal agencies shall cooperate, to the 
fullest extent possible, with Federal and State agency representatives 
in their inspection of such property and in furnishing information 
relating thereto.
    (e) The interested Federal agency shall advise the disposal agency 
and request transfer of the property to the selected State agency under 
section 218 within 25 calendar days after the expiration of the 20-
calendar-day period specified in Sec. 101-47.308-8(c).
    (f) Any request submitted by a Federal agency pursuant to Sec. 101-
47.308-8(e) shall be in the form of a letter addressed to the 
appropriate GSA regional office and shall set forth the following 
information:
    (1) Identification of the property by name, location, and control 
number;
    (2) A request that the property be transferred to a specific State 
agency including the name and address and a copy of the State agency's 
application or proposal;
    (3) A certification by the appropriate Federal agency official that 
the property is required for housing for displaced persons pursuant to 
section 218, that all other options authorized under title II of the Act 
have been explored and replacement housing cannot be found or made 
available through those channels, and that the Federal or federally 
assisted project cannot be accomplished unless the property is made 
available for replacement housing;
    (4) Any special terms and conditions that the Federal agency desires 
to include in conveyance instruments to insure that the property is used 
for the intended purpose;
    (5) Identification by name and proposed location of the Federal or 
federally assisted project which is creating the requirement;
    (6) Purpose of the project;

[[Page 521]]

    (7) Citation of enabling legislation or authorization for the 
project when appropriate;
    (8) A detailed outline of steps taken to obtain replacement housing 
for displaced persons as authorized under title II of the Act; and
    (9) Arrangements that have been made to construct replacement 
housing on the surplus property and to insure that displaced persons 
will be provided housing in the development.
    (g) In the absence of a notice under Sec. 101-47.308-8(c) or a 
request under Sec. 101-47.308-8(e), the disposal agency shall proceed 
with the appropriate disposal action.
    (h) If, after considering other uses for the property, the disposal 
agency determines that the property should be made available for 
replacement housing under section 218, it shall transfer the property to 
the designated State agency on such terms and conditions as will protect 
the interest of the United States, including the payment or the 
agreement to pay to the United States all amounts received by the State 
agency from any sale, lease, or other disposition of the property for 
such housing. The sale, lease, or other disposition of the property by 
the State agency shall be at the fair market value as approved by the 
disposal agency, unless a compelling justification is offered for 
disposal of the property at less than fair market value, in which event 
the disposal may be made at such other value as is approved by the 
disposal agency.
    (i) The State agency shall bear the costs of any out-of-pocket 
expenses necessary to accomplish the transfer of the property, such as 
costs of surveys, fencing, or security of the remaining property.
    (j) The disposal agency, if it approves the request, shall transfer 
the property to the designated State agency. If the request is 
disapproved, the disposal agency shall notify the Federal agency 
requesting the transfer. The disposal agency shall furnish the holding 
agency a copy of the transfer or notice of disapproval, and the Federal 
agency requesting the transfer a copy of the transfer when appropriate.

[36 FR 11439, June 12, 1971]



Sec. 101-47.308-9  Property for correctional facility, law enforcement, or emergency management response purposes.

    (a) Under section 203(p)(1) of the Act, the head of the disposal 
agency or designee may, in his/her discretion, convey, without monetary 
consideration, to any State, or to those governmental bodies named 
therein, or to any political subdivision or instrumentality thereof, 
surplus real and related personal property for:
    (1) Correctional facility purposes, provided the Attorney General 
has determined that the property is required for such purposes and has 
approved an appropriate program or project for the care or 
rehabilitation of criminal offenders;
    (2) Law enforcement purposes, provided the Attorney General has 
determined that the property is required for such purposes; and
    (3) Emergency management response purposes, including fire and 
rescue services, provided the Director of the Federal Emergency 
Management Agency has determined that the property is required for such 
purposes.
    (b) The disposal agency shall provide prompt notification to the 
Office of Justice Programs (OJP), Department of Justice (DOJ), and the 
Federal Emergency Management Agency (FEMA) of the availability of 
surplus properties. Included in the notification to OJP and FEMA will be 
a copy of the holding agency's Standard Form 118, Report of Excess Real 
Property, with accompanying schedules.
    (c) With respect to real property and related personal property 
which may be made available for disposal under section 203(p)(1) of the 
Act for correctional facility, law enforcement, or emergency management 
response purposes, OJP or FEMA shall convey notices of availability of 
properties to the appropriate State and local public agencies. Such 
notice shall state that any planning for correctional facility, law 
enforcement, or emergency management response use involved in the 
development of a comprehensive and coordinated plan of use and 
procurement for the property must be coordinated and approved by the OJP 
or

[[Page 522]]

FEMA, as appropriate, and that an application form for such use of the 
property and instructions for the preparation and submission of an 
application may be obtained from OJP or FEMA. OJP defines the term ``law 
enforcement'' to mean ``any activity involving the control or reduction 
of crime and juvenile delinquency, or enforcement of the criminal law, 
including investigative activities such as laboratory functions as well 
as training.'' The requirement for correctional facility, law 
enforcement, or emergency management response use of the property by an 
eligible public agency will be contingent upon the disposal agency's 
approval under paragraph (g) of this section of a determination:
    (1) By DOJ that identifies surplus property required for 
correctional facility use under an appropriate program or project for 
the care of rehabilitation of criminal offenders, or for law enforcement 
use; or
    (2) By FEMA that identifies surplus property required for emergency 
management response use.
    (d) OJP or FEMA shall notify the disposal agency within 30-calendar 
days after the date of the notice of determination of surplus if there 
is an eligible applicant interested in acquiring the property. Whenever 
OJP or FEMA has notified the disposal agency within the said 30-calendar 
day period of a potential correctional facility, law enforcement, or 
emergency management response requirement for the property, OJP or FEMA 
shall submit to the disposal agency within 25-calendar days after the 
expiration of the 30-calendar day period, a determination indicating a 
correctional facility requirement for the property and approving an 
appropriate program or project for the care or rehabilitation of 
criminal offenders, a law enforcement requirement, or an emergency 
management response requirement, or shall inform the disposal agency, 
within the 25-calendar day period, that the property will not be 
required for correctional facility, law enforcement, or an emergency 
management response use.
    (e) Any determination submitted to the disposal agency by DOJ or 
FEMA shall set forth complete information concerning the correctional 
facility, law enforcement, or emergency management response use, 
including:
    (1) Identification of the property;
    (2) Certification that the property is required for correctional 
facility, law enforcement, or emergency management response use;
    (3) A copy of the approved application which defines the proposed 
plan of use; and
    (4) The environmental impact of the proposed correctional facility, 
law enforcement, or emergency management response use.
    (f) Both holding and disposal agencies shall cooperate to the 
fullest extent possible with Federal and State agency representatives in 
their inspection of such property and in furnishing information relating 
thereto.
    (g) If, after considering other uses for the property, the disposal 
agency approves the determination by DOJ or FEMA, it shall convey the 
property to the appropriate grantee. If the determination is 
disapproved, or in the absence of a determination from DOJ or FEMA 
submitted pursuant to Sec. 101-47.308-9(d), and received within the 25-
calendar day time limit specified therein, the disposal agency shall 
proceed with other disposal actions. The disposal agency shall notify 
OJP or FEMA 10 days prior to any announcement of a determination to 
either approve or disapprove an application for correctional, law 
enforcement, or emergency management response purposes and shall furnish 
to OJP or FEMA a copy of the conveyance documents.
    (h) The deed of conveyance of any surplus real property transferred 
under the provisions of section 203(p)(1) of the Act shall provide that 
all such property be used and maintained for the purpose for which it 
was conveyed in perpetuity and that in the event such property ceases to 
be used or maintained for such purpose during such period, all or any 
portion of such property shall in its then existing condition, at the 
option of the United States, revert to the United States and may contain 
such additional terms, reservations, restrictions, and conditions as may 
be determined by the Administrator of General Services to be

[[Page 523]]

necessary to safeguard the interest of the United States.
    (i) The Administrator of General Services has the responsibility for 
enforcing compliance with the terms and conditions of disposals; the 
reformation, correction, or amendment of any disposal instrument; the 
granting of releases; and any action necessary for recapturing such 
property in accordance with the provisions of section 203(p)(3) of the 
Act.
    (j) The OJP or FEMA will notify GSA upon discovery of any 
information indicating a change in use and, upon request, make a 
redetermination of continued appropriateness of the use of a transferred 
property.
    (k) In each case of repossession under a reversion of title by 
reason of noncompliance with the terms of the conveyance documents or 
other cause, OJP or FEMA shall, at or prior to such repossession, 
provide the appropriate GSA regional office with an accurate description 
of the real and related personal property involved. Standard Form 118, 
Report of Excess Real Property, and the appropriate schedules shall be 
used for this purpose. Upon receipt of advice from OJP or FEMA that such 
property has been repossessed and/or title has reverted, GSA will act 
upon the Standard Form 118. The grantee shall be required to provide 
protection and maintenance for the property until such time as the title 
reverts to the Federal Government, including the period of any notice of 
intent to revert. Such protection and maintenance shall, at a minimum, 
conform to the standards prescribed in Sec. 101-47.4913.

[52 FR 9832, Mar. 27, 1987, as amended at 64 FR 5618, Feb. 4, 1999]



Sec. 101-47.308-10  Property for port facility use.

    (a) Under section 203(q)(1) of the Act, in his/her discretion, the 
Administrator, the Secretary of the Department of Defense (DOD) in the 
case of property located at a military installation closed or realigned 
pursuant to a base closure law, or the designee of either of them, may, 
as the disposal agency, assign to the Secretary of the Department of 
Transportation (DOT) for conveyance, without monetary consideration, to 
any State, or to those governmental bodies named therein, or to any 
political subdivision, municipality, or instrumentality thereof, such 
surplus real and related personal property, including buildings, 
fixtures, and equipment situated thereon, as is recommended by DOT as 
being needed for the development or operation of a port facility.
    (b) The disposal agency shall notify established State and regional 
or metropolitan clearinghouses and eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that property which 
may be disposed of for use in the development or operation of a port 
facility has been determined to be surplus. A copy of such notice shall 
be transmitted to DOT accompanied by a copy of the holding agency's 
Report of Excess Real Property (Standard Form 118 and supporting 
schedules).
    (c) The notice to eligible public agencies shall state:
    (1) That any planning for the development or operation of a port 
facility, involved in the development of the comprehensive and 
coordinated plan of use and procurement for the property, must be 
coordinated with DOT;
    (2) That any party interested in acquiring the property for use as a 
port facility must contact the Department of Transportation, Maritime 
Administration, for instructions concerning submission of an 
application; and
    (3) That the requirement for use of the property in the development 
or operation of a port facility will be contingent upon approval by the 
disposal agency, under paragraph (i) of this section, of a 
recommendation from DOT for assignment of the property to DOT and that 
any subsequent conveyance shall be subject to the disapproval of the 
head of the disposal agency as stipulated under section 203(q)(2) of the 
Act and referenced in paragraph (j) of this subsection.
    (d) DOT shall notify the disposal agency within 20 calendar-days 
after the date of the notice of determination of surplus if there is an 
eligible applicant interested in acquiring the property. Whenever the 
disposal agency, has been so notified of a potential port facility 
requirement for the property,

[[Page 524]]

DOT shall submit to the disposal agency, within 25 calendar-days after 
the expiration of the 20-calendar-day notification period, either a 
recommendation for assignment of the property or a statement that a 
recommendation will not be submitted.
    (e) Whenever an eligible public agency has submitted a plan of use 
for property for a port facility requirement, in accordance with the 
provisions of Sec. 101-47.303-2, the disposal agency shall transmit two 
copies of the plan to DOT. DOT shall either submit to the disposal 
agency, within 25 calendar-days after the date the plan is transmitted, 
a recommendation for assignment of the property to DOT, or inform the 
disposal agency, within the 25-calendar-day period, that a 
recommendation will not be made for assignment of the property to DOT.
    (f) Any assignment recommendation submitted to the disposal agency 
by DOT shall be accompanied by a copy of the explanatory statement 
required under section 203(q)(3)(C) of the Act and shall set forth 
complete information concerning the contemplated port facility use, 
including:
    (1) An identification of the property;
    (2) An identification of the applicant;
    (3) A copy of the approved application, which defines the proposed 
plan of use of the property;
    (4) A statement that DOT's determination that the property is 
located in an area of serious economic disruption was made in 
consultation with the Secretary of Labor; and
    (5) A statement that DOT's approval of the economic development plan 
associated with the plan of use of the property was made in consultation 
with the Secretary of Commerce.
    (g) Holding agencies shall cooperate to the fullest extent possible 
with representatives of DOT and the Secretary of Commerce in their 
inspection of such property, and of the Secretary of Labor in affirming 
that the property is in an area of serious economic disruption, and in 
furnishing any information relating thereto.
    (h) In the absence of an assignment recommendation from DOT 
submitted pursuant to paragraph (d) or (e) of this section, and received 
within the 25-calendar-day time limit specified therein, the disposal 
agency shall proceed with other disposal action.
    (i) If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from DOT, it shall assign 
the property by letter or other document to DOT. If the recommendation 
is disapproved, the disposal agency shall likewise notify DOT. The 
disposal agency shall furnish to the holding agency a copy of the 
assignment, unless the holding agency is also the disposal agency.
    (j) Subsequent to the receipt of the letter of assignment from the 
disposal agency, DOT shall furnish to the disposal agency, a Notice of 
Proposed Conveyance in accordance with section 203(q)(2) of the Act. If 
the disposal agency has not disapproved the proposed transfer within 35 
calendar-days of the receipt of the Notice of Proposed Conveyance, DOT 
may proceed with the conveyance.
    (k) DOT shall furnish the Notice of Proposed Conveyance within 35 
calendar-days after the date of the letter of assignment from the 
disposal agency, prepare the conveyance documents, and take all 
necessary actions to accomplish the conveyance within 15 calendar-days 
after the expiration of the 30-calendar-day period provided for the 
disposal agency to consider the notice. DOT shall furnish the disposal 
agency two conformed copies of the instruments conveying property under 
subsection 203(q) of the Act and all related documents containing 
restrictions or conditions regulating the future use, maintenance, or 
transfer of the property.
    (l) DOT has the responsibility for enforcing compliance with the 
terms and conditions of conveyance; for reformation, correction, or 
amendment of any instrument of conveyance; for the granting of release; 
and for the taking of any necessary actions for recapturing such 
property in accordance with the provisions of subsection 203(q)(4) of 
the Act. Any such action shall be subject to the disapproval of the head 
of the disposal agency. Notice to the head of the disposal agency, by 
DOT, of any action proposed to be

[[Page 525]]

taken shall identify the property affected, set forth in detail the 
proposed action, and state the reasons therefor.
    (m) In each case of repossession under a reversion of title by 
reason of noncompliance with the terms or conditions of conveyance or 
other cause, DOT shall, at or prior to such reversion of title, provide 
the appropriate GSA regional office, with an accurate description of the 
real and related personal property involved. Standard Form 118, Report 
of Excess Real Property, and appropriate accompanying schedules shall be 
used for this purpose. Upon receipt of advice from DOT that such 
property has been repossessed, GSA will review and act upon the Standard 
Form 118. However, the grantee shall be required to provide protection 
and maintenance for the property until such time as the title reverts to 
the Federal Government, including the period of any notice of intent to 
revert. Such protection and maintenance shall, at a minimum, conform to 
the standards prescribed in Sec. 101-47.4913.

[60 FR 35707, July 11, 1995]



Sec. 101-47.309  Disposal of leases, permits, licenses, and similar instruments.

    The disposal agency may, subject to such reservations, restrictions, 
and conditions, if any, as the disposal agency deems necessary properly 
to protect the interests of the United States against liability under a 
lease, permit, license, or similar instrument:
    (a) Dispose of the lease or other instrument subject to assumption 
by the transferee of the obligations in the lease or other instrument 
unless a transfer is prohibited by the terms of the lease or other 
instrument; or
    (b) Terminate the lease or other instrument by notice or negotiated 
agreement; and
    (c) Dispose of any surplus Government-owned improvements located on 
the premises in the following order by any one or more of the following 
methods:
    (1) By disposition of all or a portion thereof to the transferee of 
the lease or other instrument (not applicable when the lease or other 
instrument is terminated);
    (2) By disposition to the owner of the premises or grantor of a 
sublease, as the case may be, (i) in full satisfaction of a contractual 
obligation of the Government to restore the premises, or (ii) in 
satisfaction of a contractual obligation of the Government to restore 
the premises plus the payment of a money consideration to the Government 
by the owner or grantor, as the case may be, that is fair and reasonable 
under the circumstances, or (iii) in satisfaction of a contractual 
obligation of the Government to restore the premises plus the payment by 
the Government to the owner or grantor, as the case may be, of a money 
consideration that is fair and reasonable under the circumstances; or
    (3) By disposition for removal from the premises.

Provided, That any negotiated disposals shall be subject to the 
applicable provisions of Secs. 101-47.304-9 and 101-47.30-12. The 
cancellation of the Government's restoration obligations in return for 
the conveyance of the Government-owned improvements to the lessor is 
considered a settlement of a contractual obligation rather than a 
disposal of surplus real property and, therefore, is not subject to the 
provisions of Secs. 101-47.304-9 and 101-47.304-12.

[29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 1966]



Sec. 101-47.310  Disposal of structures and improvements on Government-owned land.

    In the case of Government-owned land, the disposal agency may 
dispose of structures and improvements with the land or separately from 
the land: Provided, That prefabricated movable structures such as 
Butler-type storage warehouses, and quonset huts, and housetrailers 
(with or without under carriages) reported to GSA with the land on which 
they are located, may, in the discretion of GSA, be designated for 
disposal as personal property for off-site use.



Sec. 101-47.311  Disposal of residual personal property.

    (a) Any related personal property reported to GSA on Standard Form 
118

[[Page 526]]

which is not disposed of by GSA as related to the real property, shall 
be designated by GSA for disposal as personal property.
    (b) Any related personal property which is not disposed of by the 
holding agency, pursuant to the authority contained in Sec. 101-47.302, 
or authority otherwise delegated by the Administrator of General 
Services as related to the real property, shall be disposed of under the 
applicable provisions of part 101-45.



Sec. 101-47.312  Non-Federal interim use of property.

    (a) A lease or permit may be granted by the holding agency with the 
approval of the disposal agency, for non-Federal interim use of surplus 
property; Provided, That such lease or permit shall be for a period not 
exceeding 1 year and shall be made revocable on not to exceed 30 days' 
notice by the disposal agency: And provided further, That the use and 
occupancy will not interfere with, delay, or retard the disposal of the 
property. In such cases, an immediate right of entry to such property 
may be granted pending execution of the formal lease or permit. The 
lease or permit shall be for a money consideration and shall be on such 
other terms and conditions as are deemed appropriate to properly protect 
the interest of the United States. Any negotiated lease or permit under 
this section shall be subject to the applicable provisions of Secs. 101-
47.304-9 and 101-47.304-12, except that no explanatory statement to the 
appropriate committees of the Congress need to be prepared with respect 
to a negotiated lease or permit providing for an annual net rental of 
$100,000 or less, and termination by either part on 30 days' notice.
    (b) [Reserved]

[54 FR 41245, Oct. 6, 1989]



Sec. 101-47.313  Easements.



Sec. 101-47.313-1  Disposal of easements to owner of servient estate.

    The disposal agency may dispose of an easement to the owner of the 
land which is subject to the easement when the continued use, occupancy, 
or control of the easement is not needed for the operation, production, 
use, or maintenance of property owned or controlled by the Government. A 
determination shall be made by the disposal agency as to whether the 
disposal shall be with or without consideration to the Government on the 
basis of all the circumstances and factors involved and with due regard 
to the acquisition cost of the easement to the Government. The extent of 
such consideration shall be regarded as the appraised fair market value 
of the easement. The disposal agency shall document the circumstances 
and factors leading to such determination and retain such documentation 
in its files.



Sec. 101-47.313-2  Grants of easements in or over Government property.

    The disposal agency may grant easements in or over real property on 
appropriate terms and conditions: Provided, That where the disposal 
agency determines that the granting of such easement decreases the value 
of the property, the granting of the easement shall be for a 
consideration not less than the amount by which the fair market value of 
the property is decreased.



Sec. 101-47.314  Compliance.



Sec. 101-47.314-1  General.

    Subject to the provisions of Sec. 101-47.314-2(a), requiring 
referral of criminal matters to the Department of Justice, each disposal 
agency shall perform such investigatory functions as are necessary to 
insure compliance with the provisions of the Act and with the 
regulations, orders, directives, and policy statements of the 
Administrator of General Services.



Sec. 101-47.314-2  Extent of investigations.

    (a) Referral to other Government agencies. All information 
indicating violations by any person of Federal criminal statutes, or 
violations of section 209 of the Act, including but not limited to fraud 
against the Government, mail fraud, bribery, attempted bribery, or 
criminal collusion, shall be referred immediately to the Department of 
Justice for further investigation and disposition. Each disposal agency 
shall make available to the Department of

[[Page 527]]

Justice, or to such other governmental investigating agency to which the 
matter may be referred by the Department of Justice, all pertinent 
information and evidence concerning the indicated violations; shall 
desist from further investigation of the criminal aspects of such 
matters except upon the request of the Department of Justice; and shall 
cooperate fully with the agency assuming final jurisdiction in 
establishing proof of criminal violations. After making the necessary 
referral to the Department of Justice, inquiries conducted by disposal 
agency compliance organizations shall be limited to obtaining 
information for administrative purposes. Where irregularities reported 
or discovered involve wrongdoing on the part of individuals holding 
positions in Government agencies other than the agency initiating the 
investigation, the case shall be reported immediately to the 
Administrator of General Services for an examination in the premises.
    (b) Compliance reports. A written report shall be made of all 
compliance investigations conducted by each agency compliance 
organization. Each disposal agency shall maintain centralized files of 
all such reports at its respective departmental offices. Until otherwise 
directed by the Administrator of General Services, there shall be 
transmitted promptly to the Administrator of General Services one copy 
of any such report which contains information indicating criminality on 
the part of any person or indicating noncompliance with the Act or with 
the regulations, orders, directives and policy statements of the 
Administrator of General Services. In transmitting such reports to the 
Administrator of General Services, the agency shall set forth the action 
taken or contemplated by the agency to correct the improper conditions 
established by the investigation. Where any matter is referred to the 
Department of Justice, a copy of the letter of referral shall be 
transmitted to the Administrator of General Services.



    Subpart 101-47.4--Management of Excess and Surplus Real Property



Sec. 101-47.400  Scope of subpart.

    This subpart prescribes the policies and methods governing the 
physical care, handling, protection, and maintenance of excess real 
property and surplus real property, including related personal property, 
within the States of the Union, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory 
of the Pacific Islands, and the Virgin Islands.

[47 FR 4522, Feb. 1, 1982]



Sec. 101-47.401  General provisions of subpart.



Sec. 101-47.401-1  Policy.

    It is the policy of the Administrator of General Services:
    (a) That the management of excess real property and surplus real 
property, including related personal property, shall provide only those 
minimum services necessary to preserve the Government's interest 
therein, realizable value of the property considered.
    (b) To place excess real property and surplus real property in 
productive use through interim utilization: Provided, That such 
temporary use and occupancy will not interfere with, delay, or retard 
its transfer to a Federal agency or disposal.
    (c) That excess and surplus real property which is dangerous to the 
public health or safety shall be destroyed or rendered innocuous.



Sec. 101-47.401-2  Definitions.

    As used in this subpart, the following terms shall have the meanings 
set forth below:
    (a) Maintenance. The upkeep of property only to the extent necessary 
to offset serious deterioration; also such operation of utilities, 
including water supply and sewerage systems, heating,

[[Page 528]]

plumbing, and air-conditioning equipment, as may be necessary for fire 
protection, the needs of interim tenants, and personnel employed at the 
site, and the requirements for preserving certain types of equipment.
    (b) Repairs. Those additions or changes that are necessary for the 
protection and maintenance of property to deter or prevent excessive or 
rapid deterioration or obsolescence, and to restore property damaged by 
storm, flood, fire, accident, or earthquake.



Sec. 101-47.401-3  Taxes and other obligations.

    Payments of taxes or payments in lieu of taxes (in the event of the 
enactment hereafter of legislation by Congress authorizing such payments 
upon Government-owned property which is not legally assessable), rents, 
and insurance premiums and other obligations pending transfer or 
disposal shall be the responsibility of the holding agency.



Sec. 101-47.401-4  Decontamination.

    The holding agency shall be responsible for all expense to the 
Government and for the supervision of decontamination of excess and 
surplus real property that has been subjected to contamination with 
hazardous materials of any sort. Extreme care must be exercised in the 
decontamination, and in the management and disposal of contaminated 
property in order to prevent such properties becoming a hazard to the 
general public. The disposal agency shall be made cognizant of any and 
all inherent hazards involved relative to such property in order to 
protect the general public from hazards and to preclude the Government 
from any and all liability resulting from indiscriminate disposal or 
mishandling of contaminated property.



Sec. 101-47.401-5  Improvements or alterations.

    Improvements or alterations which involve rehabilitation, 
reconditioning, conversion, completion, additions, and replacements in 
structures, utilities, installations, and land betterments, may be 
considered in those cases where disposal cannot otherwise be made, but 
no commitment therefor shall be entered into without prior approval of 
GSA.



Sec. 101-47.401-6  Interim use and occupancy.

    When a revocable agreement to place excess real property or surplus 
real property in productive use has been made, the agency executing the 
agreement shall be responsible for the servicing thereof.



Sec. 101-47.402  Protection and maintenance.



Sec. 101-47.402-1  Responsibility.

    The holding agency shall retain custody and accountability for 
excess and surplus real property including related personal property and 
shall perform the protection and maintenance of such property pending 
its transfer to another Federal agency or its disposal. Guidelines for 
protection and maintenance of excess and surplus real property are in 
Sec. 101-47.4913. The holding agency shall be responsible for complying 
with the requirements of the National Oil and Hazardous Substances 
Pollution Contingency Plan and initiating or cooperating with others in 
the actions prescribed for the prevention, containment, or remedy of 
hazardous conditions.

[49 FR 1348, Jan. 11, 1984]



Sec. 101-47.402-2  Expense of protection and maintenance.

    (a) The holding agency shall be responsible for the expense of 
protection and maintenance of such property pending transfer or disposal 
for not more than 12 months, plus the period to the first day of the 
succeeding quarter of the fiscal year after the date that the property 
is available for immediate disposition. If the holding agency requests 
deferral of the disposal, continues to occupy the property beyond the 
excess date to the detriment of orderly disposal, or otherwise takes 
actions which result in a delay in the disposition, the period for which 
that agency is responsible for such expenses shall be extended by the 
period of delay. (See Sec. 101-47.202-9.)
    (b) In the event the property is not transferred to a Federal agency 
or disposed of during the period mentioned

[[Page 529]]

in paragraph (a) of this section, the expense of protection and 
maintenance of such property from and after the expiration date of said 
period shall be either paid or reimbursed to the holding agency, subject 
to the limitations herein, which payment or reimbursement shall be in 
the discretion of the disposal agency. The maximum amount of protection 
and maintenance to be paid or reimbursed by the disposal agency will be 
specified in a written agreement between the holding agency and the 
disposal agency, but such payment or reimbursement is subject to the 
appropriations by Congress to the disposal agency of funds sufficient to 
make such payment or reimbursement. In accordance with the written 
agreement, the disposal agency and the holding agency will sign an 
obligational document only if and when Congress actually appropriates to 
the disposal agency, pursuant to its request, funds sufficient to pay or 
reimburse the holding agency for protection and maintenance expenses, as 
agreed. In the absence of a written agreement, the holding agency shall 
be responsible for all expenses of protection and maintenance, without 
any right of contribution or reimbursement from the disposal agency.

[49 FR 1348, Jan. 11, 1984]



Sec. 101-47.403  Assistance in disposition.

    The holding agency is expected to cooperate with the disposal agency 
in showing the property to prospective transferees or purchasers. Unless 
extraordinary expenses are incurred in showing the property, the holding 
agency shall absorb the entire cost of such actions. (See Sec. 101-
47.304-5.)

[36 FR 3894, Mar. 2, 1971]



Subpart 101-47.5--Abandonment, Destruction, or Donation to Public Bodies



Sec. 101-47.500  Scope of subpart.

    (a) This subpart prescribes the policies and methods governing the 
abandonment, destruction, or donation to the public bodies by Federal 
agencies of real property located within the States of the Union, the 
District of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
Guam, the Trust Territory of the Pacific Islands, and the Virgin 
Islands.
    (b) The subpart does not apply to surplus property assigned for 
disposal to educational or public health institutions pursuant to 
section 203(k) of the Act.

[29 FR 16126, Dec. 3, 1964, as amended at 47 FR 4522, Feb. 1, 1982]



Sec. 101-47.501  General provisions of subpart.



Sec. 101-47.501-1  Definitions.

    (a) No commercial value means real property, including related 
personal property, which has no reasonable prospect of being disposed of 
at a consideration.
    (b) Public body means any State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any 
political subdivision, agency, or instrumentality of the foregoing.



Sec. 101-47.501-2  Authority for disposal.

    Subject to the restrictions in Sec. 101-47.502 and Sec. 101-47.503, 
any Federal agency having control of real property which has no 
commercial value or of which the estimated cost of continued care and 
handling would exceed the estimated proceeds from its sale, is 
authorized:
    (a) To abandon or destroy Government-owned improvements and related 
personal property located on privately owned land.
    (b) To destroy Government-owned improvements and related personal 
property located on Government-owned land. Abandonment of such property 
is not authorized.
    (c) To donate to public bodies any real property (land and/or 
improvements and related personal property), or interests therein, owned 
by the Government.



Sec. 101-47.501-3  Dangerous property.

    No property which is dangerous to public health or safety shall be 
abandoned, destroyed, or donated to public bodies pursuant to this 
subpart without first rendering such property innocuous or providing 
adequate safeguards therefor.

[[Page 530]]



Sec. 101-47.501-4  Findings.

    (a) No property shall be abandoned, destroyed, or donated by a 
Federal agency under Sec. 101-47.501-2, unless a duly authorized 
official of that agency finds, in writing, either that (1) such property 
has no commercial value, or (2) the estimated cost of its continued care 
and handling would exceed the estimated proceeds from its sale. Such 
finding shall not be made by any official directly accountable for the 
property covered thereby.
    (b) Whenever all the property proposed to be disposed of hereunder 
by a Federal agency at any one location at any one time had an original 
cost (estimated if not known) of more than $1,000, findings made under 
Sec. 101-47.501-4(a), shall be approved by a reviewing authority before 
any such disposal.



Sec. 101-47.502  Donations to public bodies.



Sec. 101-47.502-1  Cost limitations.

    No improvements on land or related personal property having an 
original cost (estimated if not known) in excess of $250,000 and no 
land, regardless of cost, shall be donated to public bodies without the 
prior concurrence of GSA. The request for such concurrence shall be made 
to the regional office of GSA for the region in which the property is 
located.



Sec. 101-47.502-2  Disposal costs.

    Any public body receiving improvements on land or related personal 
property pursuant to this subpart shall pay the disposal costs incident 
to the donation, such as dismantling, removal, and the cleaning up of 
the premises.



Sec. 101-47.503  Abandonment and destruction.



Sec. 101-47.503-1  General.

    (a) No improvements on land or related personal property shall be 
abandoned or destroyed by a Federal agency unless a duly authorized 
official of that agency finds, in writing, that donation of such 
property in accordance with the provisions of this subpart is not 
feasible. This finding shall be in addition to the finding prescribed in 
Sec. 101-47.501-4. If at any time prior to actual abandonment or 
destruction the donation of the property pursuant to this subpart 
becomes feasible, such donation will be accomplished.
    (b) No abandonment or destruction shall be made in a manner which is 
detrimental or dangerous to public health or safety or which will cause 
infringement of the rights of other persons.
    (c) The concurrence of GSA shall be obtained prior to the 
abandonment or destruction of improvements on land or related personal 
property (1) which had an original cost (estimated if not known) of more 
than $50,000, or (2) which are of permanent type construction, or (3) 
where their retention would enhance the value of the underlying land, if 
it were to be made available for sale or lease.



Sec. 101-47.503-2  Notice of proposed abandonment or destruction.

    Except as provided in Sec. 101-47.503-3, improvements on land or 
related personal property shall not be abandoned or destroyed by a 
Federal agency until after public notice of such proposed abandonment or 
destruction. Such notice shall be given in the area in which the 
property is located, shall contain a general description of the property 
to be abandoned or destroyed, and shall include an offering of the 
property for sale. A copy of such notice shall be given to the regional 
office of GSA for the region in which the property is located.



Sec. 101-47.503-3  Abandonment or destruction without notice.

    If (a) the property had an original cost (estimated if not known) of 
not more than $1,000; or (b) its value is so low or the cost of its care 
and handling so great that its retention in order to post public notice 
is clearly not economical; or (c) immediate abandonment or destruction 
is required by considerations of health, safety, or security; or (d) the 
assigned mission of the agency might be jeopardized by the delay, and a 
finding with respect to paragraph (a), (b), (c), or (d) of this section, 
is made in writing by a duly authorized official of the Federal agency 
and approved by a reviewing authority, abandonment or destruction may be 
made without public notice. Such a

[[Page 531]]

finding shall be in addition to the findings prescribed in Secs. 101-
47.501-4 and 101-47.503-1(a).



                      Subpart 101-47.6--Delegations



Sec. 101-47.600  Scope of subpart.

    This subpart sets forth the special delegations of authority granted 
by the Administrator of General Services to other agencies for the 
utilization and disposal of certain real property pursuant to the Act.



Sec. 101-47.601  Delegation to Department of Defense.

    (a) Authority is delegated to the Secretary of Defense to determine 
that excess real property and related personal property under the 
control of the Department of Defense having a total estimated fair 
market value, including all the component units of the property, of less 
than $15,000 as determined by the Department of Defense, is not required 
for the needs and responsibilities of Federal agencies; and thereafter 
to dispose of said property by means deemed advantageous to the United 
States.
    (b) Prior to such determination and disposal, the Secretary of 
Defense shall take steps as may be appropriate to determine that the 
property is not required for the needs of any Federal agency.
    (c) The authority conferred in this Sec. 101-47.601 shall be 
exercised in accordance with the Act and regulations issued pursuant 
thereto, except that the reporting of such property to GSA under subpart 
101-47.2 shall not be required.
    (d) The authority delegated in this Sec. 101-47.601 may be 
redelegated to any officer or employee of the Department of Defense.

[29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 1966; 56 
FR 56935, Nov. 7, 1991]



Sec. 101-47.602  Delegation to the Department of Agriculture.

    (a) Authority is delegated to the Secretary of Agriculture to 
determine that excess real property and related personal property under 
the control of the Department of Agriculture having a total estimated 
fair market value, including all the component units of the property, of 
less than $15,000 as determined by the Department of Agriculture, is not 
required for the needs and responsibilities of Federal agencies; and 
thereafter to dispose of said property by means deemed advantageous to 
the United States.
    (b) Prior to such determination and disposal, the Secretary of 
Agriculture shall take steps as may be appropriate to determine that the 
property is not required for the needs of any Federal agency.
    (c) The authority conferred in this Sec. 101-47.602 shall be 
exercised in accordance with the Act and regulations issued pursuant 
thereto, except that the reporting of such property to GSA under subpart 
101-47.2 shall not be required.
    (d) The authority delegated in this Sec. 101-47.602 may be 
redelegated to any officer or employee of the Department of Agriculture.

[29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 1966; 56 
FR 56936, Nov. 7, 1991]



Sec. 101-47.603  Delegations to the Secretary of the Interior.

    (a) Authority is delegated to the Secretary of the Interior to 
maintain custody and control of an accountability for those mineral 
resources which may be designated from time to time by the Administrator 
or his designee and which underlie Federal property currently utilized 
or excess or surplus to the Government's needs. Authority is also 
delegated to the Secretary to dispose of such mineral resources by lease 
and to administer any leases which are made.
    (1) The Secretary may redelegate this authority to any officer, 
official, or employee of the Department of the Interior.
    (2) Under this authority, the Secretary of the Interior, as head of 
the holding agency is responsible for the following: (i) Maintaining 
proper inventory records, and (ii) monitoring the minerals as necessary 
to ensure that no unauthorized mining or removal of the minerals occurs.
    (3) Under this authority, the Secretary of the Interior, as head of 
the disposal agency, is responsible for the

[[Page 532]]

following: (i) Securing, in accordance with Sec. 101-47.303-4, any 
appraisals deemed necessary by the Secretary; (ii) coordinating with all 
surface landowners, Federal or otherwise, so as not to unduly interfere 
with the surface use; (iii) ensuring that the lands which may be 
disturbed or damaged are restored after removal of the mineral deposits 
is completed; and (iv) notifying the Administrator when the disposal of 
all marketable mineral deposits has been completed.
    (4) The Secretary of the Interior, as head of the disposal agency, 
is responsible for complying with the applicable environmental laws and 
regulations, including (i) the National Environmental Policy Act of 
1969, as amended (42 U.S.C. 4321, et seq.) and the implementing 
regulations issued by the Council on Environmental Quality (40 CFR part 
1500); (ii) section 106 of the National Historic Preservation Act of 
1966 (16 U.S.C. 470f); and (iii) the Coastal Zone Management Act of 1972 
(16 U.S.C. 1451, et seq.) and the Department of Commerce implementing 
regulations (15 CFR parts 923 and 930).
    (5) The Secretary of the Interior will forward promptly to the 
Administrator copies of any agreements executed under this authority.
    (6) The Secretary of the Interior will provide to the Administrator 
an annual accounting of the proceeds received from leases executed under 
this authority.
    (b) Authority is delegated to the Secretary of the Interior to 
determine that excess real property and related personal property under 
his control having a total estimated fair market value, including all 
components of the property, of less than $15,000 as determined by the 
Secretary, is not required for the needs and responsibilities of Federal 
agencies; and thereafter to dispose of the property by means most 
advantageous to the United States.

[48 FR 50893, Nov. 4, 1983, as amended at 56 FR 56936, Nov. 7, 1991]



Sec. 101-47.604  Delegation to the Department of the Interior, the Department of Health and Human Services, and the Department of Education.

    (a) The Secretary of the Interior, the Secretary of Health and Human 
Services, and the Secretary of Education, are delegated authority to 
transfer and to retransfer to each other, upon request, any of the 
property of either agency which is being used and will continue to be 
used in the administration of any functions relating to the Indians. The 
term property, as used in this Sec. 101-47.604, includes real property 
and such personal property as the Secretary making the transfer or 
retransfer determines to be related personal property.
    (b) This authority shall be exercised only in connection with 
property which the Secretary transferring or retransferring such 
property determines:
    (1) Comprises a functional unit;
    (2) Is located within the United States; and
    (3) Has an acquisition cost of $100,000 or less: Provided, however, 
That the transfer or retransfer shall not include property situated in 
any area which is recognized as an urban area or place for the purpose 
of the most recent decennial census.
    (c) No screening of the property as required by the regulations in 
this part 101-47 need be conducted, it having been determined that such 
screening among Federal agencies would accomplish no useful purpose 
since the property which is subject to transfer or retransfer hereunder 
will continue to be used in the administration of any functions relating 
to the Indians.
    (d) Any such transfer or retransfer of a specific property shall be 
without reimbursement except:
    (1) Where funds programmed and appropriated for acquisition of the 
property are available to the Secretary requesting the transfer or 
retransfer; or
    (2) Whenever reimbursement at fair value is required by subpart 101-
47.2.
    (e) Where funds were not programed and appropriated for acquisition 
of the

[[Page 533]]

property, the Secretary requesting the transfer or retransfer shall so 
certify. Any determination necessary to carry out the authority 
contained in this Sec. 101-47.604 which otherwise would be required 
under this part to be made by GSA shall be made by the Secretary 
transferring or retransferring the property.
    (f) The authority conferred in this Sec. 101-47.604 shall be 
exercised in accordance with such other provisions of the regulations of 
GSA issued pursuant to the Act as may be applicable.
    (g) The Secretary of the Interior, the Secretary of Health and Human 
Services, and the Secretary of Education, are authorized to redelegate 
any of the authority contained in this Sec. 101-47.604 to any officers 
or employees of their respective departments.

[29 FR 16126, Dec. 3, 1964, as amended at 56 FR 56936, Nov. 7, 1991]



  Subpart 101-47.7--Conditional Gifts of Real Property To Further the 
                             Defense Effort



Sec. 101-47.700  Scope of subpart.

    This subpart provides for acceptance or rejection on behalf of the 
United States of any gift of real property offered on condition that it 
be used for a particular defense purpose and for subsequent disposition 
of such property (Act of July 27, 1954, (50 U.S.C. 1151-1156)).

[40 FR 12079, Mar. 17, 1975]



Sec. 101-47.701  Offers and acceptance of conditional gifts.

    (a) Any agency receiving an offer of a conditional gift of real 
property for a particular defense purpose within the purview of the Act 
of July 27, 1954, shall notify the appropriate regional office of GSA 
and shall submit a recommendation as to acceptance or rejection of the 
gift.
    (b) Prior to such notification, the receiving agency shall 
acknowledge receipt of the offer and advise the donor of its referral to 
the GSA regional office, but should not indicate acceptance or rejection 
of the gift on behalf of the United States. A copy of the acknowledgment 
shall accompany the notification and recommendation to the regional 
office.
    (c) When the gift is determined to be acceptable and it can be 
accepted and used in the form in which offered, it will be transferred 
without reimbursement to an agency designated by GSA for use for the 
particular purpose for which it was donated.
    (d) If the gift is one which GSA determines may and should be 
converted to money, the funds, after conversion, will be deposited with 
the Treasury Department for transfer to an appropriate account which 
will best effectuate the intent of the donor, in accordance with 
Treasury Department procedures.



Sec. 101-47.702  Consultation with agencies.

    Such conditional gifts of real property will be accepted or rejected 
on behalf of the United States or transferred to an agency by GSA, only 
after consultation with the interested agencies.



Sec. 101-47.703  Advice of disposition.

    GSA will advise the donor and the agencies concerned of the action 
taken with respect to acceptance or rejection of the conditional gift 
and of its final disposition.



Sec. 101-47.704  Acceptance of gifts under other laws.

    Nothing in this subpart 101-47.7 shall be construed as applicable to 
the acceptance of gifts under the provisions of other laws.



   Subpart 101-47.8--Identification of Unneeded Federal Real Property



Sec. 101-47.800  Scope of subpart.

    This subpart is designed to implement, in part, section 2 of 
Executive Order 12512, which provides, in part, that the Administrator 
of General Services shall provide Governmentwide policy, oversight and 
guidance for Federal real property management. The Administrator of 
General Services shall issue standards, procedures, and guidelines for 
the conduct of surveys of real property holdings of Executive agencies 
on a continuing basis to identify properties which are not utilized, are 
underutilized, or are not being put

[[Page 534]]

to their optimum use; and make reports describing any property or 
portion thereof which has not been reported excess to the requirements 
of the holding agency and which, in the judgment of the Administrator, 
is not utilized, is underutilized, or is not being put to optimum use, 
and which he recommends should be reported as excess property. The 
provisions of this subpart are presently limited to fee-owned properties 
and supporting leaseholds and lesser interests located within the States 
of the United States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific 
Islands, and the Virgin Islands. The scope of this subpart may be 
enlarged at a later date to include real property in additional 
geographical areas and other interests in real property.

[51 FR 193, Jan. 3, 1986]



Sec. 101-47.801  Standards.

    Each executive agency shall use the following standards in 
identifying unneeded Federal property.
    (a) Definitions--(1) Not utilized. ``Not utilized'' means an entire 
property or portion thereof, with or without improvements, not occupied 
for current program purposes of the accountable executive agency, or 
occupied in caretaker status only.
    (2) Underutilized. ``Underutilized'' means an entire property or 
portion thereof, with or without improvements:
    (i) Which is used only at irregular periods or intermittently by the 
accountable executive agency for current program purposes of that 
agency; or
    (ii) Which is used for current program purposes that can be 
satisfied with only a portion of the property.
    (3) Not being put to optimum use. ``Not being put to optimum use'' 
means an entire property or portion thereof, with or without 
improvements, which:
    (i) Even though utilized for current program purposes of the 
accountable executive agency is of such nature or value, or is in such a 
location that it could be utilized for a different significantly higher 
and better purpose; or
    (ii) The costs of occupying are substantially higher than would be 
applicable for other suitable properties that could be made available to 
the accountable executive agency through transfer, purchase, or lease 
with total net savings to the Government after consideration of property 
values as well as costs of moving, occupancy, efficiency of operations, 
environmental effects, regional planning, and employee morale.
    (b) Guidelines. The following general guidelines shall be considered 
by each executive agency in its annual review (see Sec. 101-47.802):
    (1) Is the property being put to its highest and best use?
    (i) Consider such aspects as surrounding neighborhood, zoning, and 
other environmental factors;
    (ii) Is present use compatible with State, regional, or local 
development plans and programs?
    (iii) Consider whether Federal use of the property would be 
justified if rental charge equivalent to commercial rates were added to 
the program costs for the function it is serving.
    (2) Are operating and maintenance costs excessive compared with 
those of other similar facilities?
    (3) Will contemplated program changes alter property requirements?
    (4) Is all of the property essential for program requirements?
    (5) Will local zoning provide sufficient protection for necessary 
buffer zones if a portion of the property is released?
    (6) Are buffer zones kept to a minimum?
    (7) Is the present property inadequate for approved future programs?
    (8) Can net savings to the Nation be realized through relocation 
considering property prices or rentals, costs of moving, occupancy, and 
increase in efficiency of operations?
    (9) Have developments on adjoining nonfederally owned land or public 
access or road rights-of-way granted across the Government-owned land 
rendered the property or any portion thereof unsuitable or unnecessary 
for program requirements?
    (10) If Federal employees are housed in Government-owned residential 
property, is the local market willing to acquire Government-owned 
housing or can it provide the necessary housing

[[Page 535]]

and other related services that will permit the Government-owned housing 
area to be released? (Provide statistical data on cost and availability 
of housing on the local market.)
    (11) Can the land be disposed of and program requirements satisfied 
through reserving rights and interests to the Government in the property 
if it is released?
    (12) Is a portion of any property being retained primarily because 
the present boundaries are marked by the existence of fences, hedges, 
roads, and utility systems?
    (13) Is any land being retained merely because it is considered 
undesirable property due to topographical features or to encumbrances 
for rights-of-way or because it is believed to be not disposable?
    (14) Is land being retained merely because it is landlocked?
    (15) Is there land or space in Government-owned buildings that can 
be made available for utilization by others within or outside Government 
on a temporary basis?

[35 FR 5261, Mar. 28, 1970, as amended at 37 FR 5030, Mar. 9, 1972; 40 
FR 12079, Mar. 17, 1975]



Sec. 101-47.802  Procedures.

    (a) Executive agency annual review. Each executive agency shall make 
an annual review of its property holdings.
    (1) In making such annual reviews, each executive agency shall use 
the standards set forth in Sec. 101-47.801 in identifying property that 
is not utilized, is underutilized, or is not being put to its optimum 
use.
    (2) A written record of the review of each individual facility shall 
be prepared. The written review record shall contain comments relative 
to each of the above guidelines and an overall map of the facility 
showing property boundaries, major land uses, improvements, safety 
zones, proposed uses, and regulations or other authorizations that 
sanction the requirement for and usage made of or proposed for 
individual parcels of the property. A copy of the review record shall be 
made available to GSA upon request or to the GSA survey representative 
at the time of the survey of each individual facility.
    (3) Each executive agency shall, as a result of its annual review, 
determine, in its opinion, whether any portion of its property is not 
utilized, is underutilized, or is not being put to optimum use. With 
regard to each property, the following actions shall be taken:
    (i) When the property or a portion thereof is determined to be not 
utilized, the executive agency shall:
    (A) Initiate action to release the property; or
    (B) Hold for a foreseeable future program use upon determination by 
the head of the executive agency. Such determination shall be fully and 
completely documented and the determination and documentation kept 
available for GSA review (see Sec. 101-47.802(b)(3)(ii)(B)). If property 
of this type which is being held for future use can be made available 
for temporary use by others, the executive agency shall notify the 
appropriate regional office of GSA before any permit or license for use 
is issued to another Federal agency or before any out-lease is granted 
by the executive agency. GSA will advise the executive agency whether 
the property should be permitted to another Federal agency for temporary 
use and will advise the executive agency the name of the Federal agency 
to whom the permit shall be granted.
    (ii) When the property is determined to be underutilized, the 
executive agency shall:
    (A) Limit the existing program to a reduced area and initiate action 
to release the remainder; or
    (B) Shift present use imposed on the property to another property so 
that release action may be initiated for the property under review.
    (iii) When, based on an indepth study and evaluation, it is 
determined that the property is not being put to its optimum use, the 
executive agency shall relocate the current program whenever a suitable 
alternate site, necessary funding, and legislative authority are 
available to accomplish that purpose. When the site, funding, or 
legislative authority are not available, a special report shall be made 
to the appropriate regional office of GSA for its consideration in 
obtaining possible assistance in accomplishing relocation.

[[Page 536]]

    (b) GSA Survey. Pursuant to section 2 of Executive Order 12512, GSA 
will conduct, on a continuing basis, surveys of real property holdings 
of all Executive agencies to identify properties which, in the judgment 
of the Administrator of General Services, are not utilized, are 
underutilized, or are not being put to their optimum use.
    (1) GSA surveys of the real property holdings of executive agencies 
will be conducted by officials of the GSA Central Office and/or regional 
offices of GSA for the property within the geographical area of each 
region.
    (i) The head of the field office of the agency having accountability 
for the facility will be notified in advance of a scheduled GSA survey 
and furnished at that time with copies of these regulations.
    (ii) The head of that field office shall arrange for an appropriate 
official of the executive agency having necessary authority, and who is 
sufficiently knowledgeable concerning the property and current and 
future program uses of the property, to be available to assist the GSA 
representative in his survey.
    (2) [Reserved]
    (3) To facilitate the GSA survey, executive agencies shall:
    (i) Cooperate fully with GSA in its conduct of the surveys; and
    (ii) Make available to the GSA survey representative records and 
information pertinent to the description and to the current and proposed 
use of the property such as:
    (A) Brief description of facilities (number of acres, buildings, and 
supporting facilities);
    (B) The most recent utilization report or analysis made of the 
property including the written record of the annual review made by the 
agency, pursuant to Sec. 101-47.802(a), together with any supporting 
documents;
    (C) Detail maps which show property boundaries, major land uses, 
improvements, safety zones, proposed uses, and regulations or other 
authorizations that sanction the usage made or proposed for individual 
parcels or the entire property; drawings; and layout plans.
    (4) Upon receipt of notification of the pending GSA survey, the 
executive agency shall initiate action immediately to provide the GSA 
representative with an escort into classified or sensitive areas or to 
inform that representative of steps that must be taken to obtain 
necessary special security clearances or both.
    (5) Upon completion of the field work for the survey:
    (i) The GSA representative will so inform the executive agency 
designated pursuant to 101-47.802(b)(1). To avoid any possibility of 
misunderstanding or premature publicity, conclusions and recommendations 
will not be discussed with this official. However, survey teams should 
discuss the facts they have obtained with local officials at the end of 
the survey to ensure that all information necessary to conduct a 
complete survey is obtained. The GSA representative will evaluate and 
incorporate the results of the field work into a survey report and 
forward the survey report to the GSA Central Office.
    (ii) The GSA Central Office will notify the head of the Executive 
agency or his designee, in writing, of the survey findings and/or 
recommendations. A copy of the survey report will be enclosed when a 
recommendation is made that some or all of the real property should be 
reported excess, and the comments of the Executive agency will be 
requested thereon. The Executive agency will be afforded 45 calendar 
days from the date of the notice in which to submit such comments. If 
the case is resolved, GSA Central Office will notify the head of the 
Executive agency or his designee, in writing, of the resolution, and the 
case will be completed at such time as the agency completes all resolved 
excess and/or disposal actions. The agency will be afforded a period of 
90 calendar days from the date of the notice to complete such actions.
    (iii)-(iv) [Reserved]
    (v) If the case is not resolved, the GSA Central Office will request 
assistance of the Executive Office of the President to obtain 
resolution.

[35 FR 5261, Mar. 28, 1970, as amended at 36 FR 7215, Apr. 16, 1971; 37 
FR 5030, Mar. 9, 1972; 42 FR 40698, Aug. 11, 1977; 48 FR 25200, June 6, 
1983; 51 FR 194, Jan. 3, 1986]

[[Page 537]]



  Subpart 101-47.9--Use of Federal Real Property To Assist the Homeless

    Source: 56 FR 23794, 23795, May 24, 1991, unless otherwise noted.



Sec. 101-47.901  Definitions.

    Applicant means any representative of the homeless which has 
submitted an application to the Department of Health and Human Services 
to obtain use of a particular suitable property to assist the homeless.
    Checklist or property checklist means the form developed by HUD for 
use by landholding agencies to report the information to be used by HUD 
in making determinations of suitability.
    Classification means a property's designation as unutilized, 
underutilized, excess, or surplus.
    Day means one calendar day including weekends and holidays.
    Eligible organization means a State, unit of local government or a 
private non-profit organization which provides assistance to the 
homeless, and which is authorized by its charter or by State law to 
enter into an agreement with the Federal government for use of real 
property for the purposes of this subpart. Representatives of the 
homeless interested in receiving a deed for a particular piece of 
surplus Federal property must be section 501(c)(3) tax exempt.
    Excess property means any property under the control of any Federal 
executive agency that is not required for the agency's needs or the 
discharge of its responsibilities, as determined by the head of the 
agency pursuant to 40 U.S.C. 483.
    GSA means the General Services Administration.
    HHS means the Department of Health and Human Services.
    Homeless means:
    (1) An individual or family that lacks a fixed, regular, and 
adequate nighttime residence; and
    (2) An individual or family that has a primary nighttime residence 
that is:
    (i) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing for the mentally ill);
    (ii) An institution that provides a temporary residence for 
individuals intended to be institutionalized; or
    (iii) A public or private place not designed for, or ordinarily used 
as, a regular sleeping accommodation for human beings. This term does 
not include any individual imprisoned or otherwise detained under an Act 
of the Congress or a State law.
    HUD means the Department of Housing and Urban Development.
    ICH means the Interagency Council on the Homeless.
    Landholding agency means a Federal department or agency with 
statutory authority to control real property.
    Lease means an agreement between either the Department of Health and 
Human Services for surplus property, or landholding agencies in the case 
of non-excess properties or properties subject to the Base Closure and 
Realignment Act (Public Law 100-526; 10 U.S.C. 2687), and the applicant, 
giving rise to the relationship of lessor and lessee for the use of 
Federal real property for a term of at least one year under the 
conditions set forth in the lease document.
    Non-profit organization means an organization no part of the net 
earnings of which inures to the benefit of any member, founder, 
contributor, or individual; that has a voluntary board; that has an 
accounting system or has designated an entity that will maintain a 
functioning accounting system for the organization in accordance with 
generally accepted accounting procedures; and that practices 
nondiscrimination in the provision of assistance.
    Permit means a license granted by a landholding agency to use 
unutilized or underutilized property for a specific amount of time under 
terms and conditions determined by the landholding agency.
    Property means real property consisting of vacant land or buildings, 
or a portion thereof, that is excess, surplus, or designated as 
unutilized or underutilized in surveys by the heads of landholding 
agencies conducted pursuant to

[[Page 538]]

section 202(b)(2) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 483(b)(2).)
    Regional Homeless Coordinator means a regional coordinator of the 
Interagency Council on the Homeless.
    Representative of the Homeless means a State or local government 
agency, or private nonprofit organization which provides, or proposes to 
provide, services to the homeless.
    Screen means the process by which GSA surveys Federal agencies, or 
State, local and non-profit entities, to determine if any such entity 
has an interest in using excess Federal property to carry out a 
particular agency mission or a specific public use.
    State Homeless Coordinator means a state contact person designated 
by a state to receive and disseminate information and communications 
received from the Interagency Council on the Homeless in accordance with 
section 210(a) of the Stewart B. McKinney Act of 1987, as amended.
    Suitable property means that HUD has determined that a particular 
property satisfies the criteria listed in Sec. 101-47.906.
    Surplus property means any excess real property not required by any 
Federal landholding agency for its needs or the discharge of its 
responsibilities, as determined by the Administrator of GSA.
    Underutilized means an entire property or portion thereof, with or 
without improvements which is used only at irregular periods or 
intermittently by the accountable landholding agency for current program 
purposes of that agency, or which is used for current program purposes 
that can be satisfied with only a portion of the property.
    Unsuitable property means that HUD has determined that a particular 
property does not satisfy the criteria in Sec. 101-47.906.
    Unutilized property means an entire property or portion thereof, 
with or without improvements, not occupied for current program purposes 
for the accountable executive agency or occupied in caretaker status 
only.



Sec. 101-47.902  Applicability.

    (a) This part applies to Federal real property which has been 
designated by Federal landholding agencies as unutilized, underutilized, 
excess or surplus and is therefore subject to the provisions of title V 
of the McKinney Act (42 U.S.C. 11411).
    (b) The following categories of properties are not subject to this 
subpart (regardless of whether they may be unutilized or underutilized).
    (1) Machinery and equipment.
    (2) Government-owned, contractor-operated machinery, equipment, 
land, and other facilities reported excess for sale only to the using 
contractor and subject to a continuing military requirement.
    (3) Properties subject to special legislation directing a particular 
action.
    (4) Properties subject to a Court Order.
    (5) Property not subject to survey requirements of Executive Order 
12512 (April 29, 1985).
    (6) Mineral rights interests.
    (7) Air Space interests.
    (8) Indian Reservation land subject to section 202(a)(2) of the 
Federal Property and Administrative Service Act of 1949, as amended.
    (9) Property interests subject to reversion.
    (10) Easements.
    (11) Property purchased in whole or in part with Federal funds if 
title to the property is not held by a Federal landholding agency as 
defined in this part.



Sec. 101-47.903  Collecting the information.

    (a) Canvass of landholding agencies. On a quarterly basis, HUD will 
canvass landholding agencies to collect information about property 
described as unutilized, underutilized, excess, or surplus, in surveys 
conducted by the agencies under section 202 of the Federal Property and 
Administrative Services Act (40 U.S.C. 483), Executive Order 12512, and 
41 CFR part 101-47.800. Each canvass will collect information on 
properties not previously reported and about property reported 
previously the status or classification of which has changed or for 
which any of the information reported on the property checklist has 
changed.
    (1) HUD will request descriptive information on properties 
sufficient to

[[Page 539]]

make a reasonable determination, under the criteria described below, of 
the suitability of a property for use as a facility to assist the 
homeless.
    (2) HUD will direct landholding agencies to respond to requests for 
information within 25 days of receipt of such requests.
    (b) Agency annual report. By December 31 of each year, each 
landholding agency must notify HUD regarding the current availability 
status and classification of each property controlled by the agency 
that:
    (1) Was included in a list of suitable properties published that 
year by HUD, and
    (2) Remains available for application for use to assist the 
homeless, or has become available for application during that year.
    (c) GSA inventory. HUD will collect information, in the same manner 
as described in paragraph (a) of this section, from GSA regarding 
property that is in GSA's current inventory of excess or surplus 
property.
    (d) Change in status. If the information provided on the property 
checklist changes subsequent to HUD's determination of suitability, and 
the property remains unutilized, underutilized, excess or surplus, the 
landholding agency shall submit a revised property checklist in response 
to the next quarterly canvass. HUD will make a new determination of 
suitability and, if it differs from the previous determination, 
republish the property information in the Federal Register. For example, 
property determined unsuitable for national security concerns may no 
longer be subject to security restrictions, or property determined 
suitable may subsequently be found to be contaminated.

    Effective Date Note: Section 101-47.903 will not become effective 
until approved by the District Court for the District of Columbia 
pending further proceedings in the case National Law Center on 
Homelessness and Poverty v. Dept. of Veterans Affairs, No. 88-2503-OG 
(Dec. 12, 1988). (See 56 FR 23789, 23794 and, 23795, May 24, 1991. The 
General Services Administration will publish a document in the Federal 
Register at a later date, announcing the effective date.



Sec. 101-47.904  Suitability determination.

    (a) Suitability determination. Within 30 days after the receipt of 
information from landholding agencies regarding properties which were 
reported pursuant to the canvass described in Sec. 101-47.903(a), HUD 
will determine, under criteria set forth in Sec. 101-47.906, which 
properties are suitable for use as facilities to assist the homeless and 
report its determination to the landholding agency. Properties that are 
under lease, contract, license, or agreement by which a Federal agency 
retains a real property interest or which are scheduled to become 
unutilized or underutilized will be reviewed for suitability no earlier 
than six months prior to the expected date when the property will become 
unutilized or underutilized, except that properties subject to the Base 
Closure and Realignment Act may be reviewed up to eighteen months prior 
to the expected date when the property will become unutilized or 
underutilized.
    (b) Scope of suitability. HUD will determine the suitability of a 
property for use as a facility to assist the homeless without regard to 
any particular use.
    (c) Environmental information. HUD will evaluate the environmental 
information contained in property checklists forwarded to HUD by the 
landholding agencies solely for the purpose of determining suitability 
of properties under the criteria in Sec. 101-47.906.
    (d) Written record of suitability determination. HUD will assign an 
identification number to each property reviewed for suitability. HUD 
will maintain a written public record of the following:
    (1) The suitability determination for a particular piece of 
property, and the reasons for that determination; and
    (2) The landholding agency's response to the determination pursuant 
to the requirements of Sec. 101-47.907(a).
    (e) Property determined unsuitable. Property that is reviewed by HUD 
under this section and that is determined unsuitable for use to assist 
the homeless may not be made available for any other purpose for 20 days 
after publication in the Federal Register of a Notice of unsuitability 
to allow for

[[Page 540]]

review of the determination at the request of a representative of the 
homeless.
    (f) Procedures for appealing unsuitability determinations. (1) To 
request review of a determination of unsuitability, a representative of 
the homeless must contact HUD within 20 days of publication of notice in 
the Federal Register that a property is unsuitable. Requests may be 
submitted to HUD in writing or by calling 1-800-927-7588 (Toll Free). 
Written requests must be received no later than 20 days after notice of 
unsuitability is published in the Federal Register.
    (2) Requests for review of a determination of unsuitability may be 
made only by representatives of the homeless, as defined in Sec. 101-
47.901.
    (3) The request for review must specify the grounds on which it is 
based, i.e., that HUD has improperly applied the criteria or that HUD 
has relied on incorrect or incomplete information in making the 
determination (e.g., that property is in a floodplain but not in a 
floodway).
    (4) Upon receipt of a request to review a determination of 
unsuitability, HUD will notify the landholding agency that such a 
request has been made, request that the agency respond with any 
information pertinent to the review, and advise the agency that it 
should refrain from initiating disposal procedures until HUD has 
completed its reconsideration regarding unsuitability.
    (i) HUD will act on all requests for review within 30 days of 
receipt of the landholding agency's response and will notify the 
representative of the homeless and the landholding agency in writing of 
its decision.
    (ii) If a property is determined suitable as a result of the review, 
HUD will request the landholding agency's determination of availability 
pursuant to Sec. 101-47.907(a), upon receipt of which HUD will promptly 
publish the determination in the Federal Register. If the determination 
of unsuitability stands, HUD will inform the representative of the 
homeless of its decision.



Sec. 101-47.905  Real property reported excess to GSA.

    (a) Each landholding agency must submit a report to GSA of 
properties it determines excess. Each landholding agency must also 
provide a copy of HUD's suitability determination, if any, including 
HUD's identification number for the property.
    (b) If a landholding agency reports a property to GSA which has been 
reviewed by HUD for homeless assistance suitability and HUD determined 
the property suitable, GSA will screen the property pursuant to 
Sec. 101-47.905(g) and will advise HUD of the availability of the 
property for use by the homeless as provided in Sec. 101-47.905(e). In 
lieu of the above, GSA may submit a new checklist to HUD and follow the 
procedures in Sec. 101-47.905(c) through Sec. 101-47.905(g).
    (c) If a landholding agency reports a property to GSA which has not 
been reviewed by HUD for homeless assistance suitability, GSA will 
complete a property checklist, based on information provided by the 
landholding agency, and will forward this checklist to HUD for a 
suitability determination. This checklist will reflect any change in 
classification, i.e., from unutilized or underutilized to excess.
    (d) Within 30 days after GSA's submission, HUD will advise GSA of 
the suitability determination.
    (e) When GSA receives a letter from HUD listing suitable excess 
properties in GSA's inventory, GSA will transmit to HUD within 45 days a 
response which includes the following for each identified property:
    (1) A statement that there is no other compelling Federal need for 
the property, and therefore, the property will be determined surplus; or
    (2) A statement that there is further and compelling Federal need 
for the property (including a full explanation of such need) and that, 
therefore, the property is not presently available for use to assist the 
homeless.
    (f) When an excess property is determined suitable and available and 
notice is published in the Federal Register, GSA will concurrently 
notify HHS, HUD, State and local government units, known homeless 
assistance providers that have expressed interest in

[[Page 541]]

the particular property, and other organizations, as appropriate, 
concerning suitable properties.
    (g) Upon submission of a Report of Excess to GSA, GSA may screen the 
property for Federal use. In addition, GSA may screen State and local 
governmental units and eligible nonprofit organizations to determine 
interest in the property in accordance with current regulations. (See 41 
CFR 101-47.203-5, 101-47.204-1 and 101-47.303-2.)
    (h) The landholding agency will retain custody and accountability 
and will protect and maintain any property which is reported excess to 
GSA as provided in 41 CFR 101-47.402.



Sec. 101-47.906  Suitability criteria.

    (a) All properties, buildings and land will be determined suitable 
unless a property's characteristics include one or more of the following 
conditions:
    (1) National security concerns. A property located in an area to 
which the general public is denied access in the interest of national 
security (e.g., where a special pass or security clearance is a 
condition of entry to the property) will be determined unsuitable. Where 
alternative access can be provided for the public without compromising 
national security, the property will not be determined unsuitable on 
this basis.
    (2) Property containing flammable or explosive materials. A property 
located within 2000 feet of an industrial, commercial or Federal 
facility handling flammable or explosive material (excluding underground 
storage) will be determined unsuitable. Above ground containers with a 
capacity of 100 gallons or less, or larger containers which provide the 
heating or power source for the property, and which meet local safety, 
operation, and permitting standards, will not affect whether a 
particular property is determined suitable or unsuitable. Underground 
storage, gasoline stations and tank trucks are not included in this 
category and their presence will not be the basis of an unsuitability 
determination unless there is evidence of a threat to personal safety as 
provided in paragraph (a)(5) of this section.
    (3) Runway clear zone and military airfield clear zone. A property 
located within an airport runway clear zone or military airfield clear 
zone will be determined unsuitable.
    (4) Floodway. A property located in the floodway of a 100 year 
floodplain will be determined unsuitable. If the floodway has been 
contained or corrected, or if only an incidental portion of the property 
not affecting the use of the remainder of the property is in the 
floodway, the property will not be determined unsuitable.
    (5) Documented deficiencies. A property with a documented and 
extensive condition(s) that represents a clear threat to personal 
physical safety will be determined unsuitable. Such conditions may 
include, but are not limited to, contamination, structural damage or 
extensive deterioration, friable asbestos, PCB's, or natural hazardous 
substances such as radon, periodic flooding, sinkholes or earth slides.
    (6) Inaccessible. A property that is inaccessible will be determined 
unsuitable. An inaccessible property is one that is not accessible by 
road (including property on small off-shore islands) or is land locked 
(e.g., can be reached only by crossing private property and there is no 
established right or means of entry).



Sec. 101-47.907  Determination of availability.

    (a) Within 45 days after receipt of a letter from HUD pursuant to 
Sec. 101-47.904(a), each landholding agency must transmit to HUD a 
statement of one of the following:
    (1) In the case of unutilized or underutilized property:
    (i) An intention to declare the property excess,
    (ii) An intention to make the property available for use to assist 
the homeless, or
    (iii) The reasons why the property cannot be declared excess or made 
available for use to assist the homeless. The reasons given must be 
different than those listed as suitability criteria in Sec. 101-47.906.
    (2) In the case of excess property which had previously been 
reported to GSA:
    (i) A statement that there is no compelling Federal need for the 
property,

[[Page 542]]

and that, therefore, the property will be determined surplus; or
    (ii) A statement that there is a further and compelling Federal need 
for the property (including a full explanation of such need) and that, 
therefore, the property is not presently available for use to assist the 
homeless.



Sec. 101-47.908  Public notice of determination.

    (a) No later than 15 days after the last 45 day period has elapsed 
for receiving responses from the landholding agencies regarding 
availability, HUD will publish in the Federal Register a list of all 
properties reviewed, including a description of the property, its 
address, and classification. The following designations will be made:
    (1) Properties that are suitable and available.
    (2) Properties that are suitable and unavailable.
    (3) Properties that are suitable and to be declared excess.
    (4) Properties that are unsuitable.
    (b) Information about specific properties can be obtained by 
contacting HUD at the following toll free number, 1-800-927-7588.
    (c) HUD will transmit to the ICH a copy of the list of all 
properties published in the Federal Register. The ICH will immediately 
distribute to all state and regional homeless coordinators area-relevant 
portions of the list. The ICH will encourage the state and regional 
homeless coordinators to disseminate this information widely.
    (d) No later than February 15 of each year, HUD shall publish in the 
Federal Register a list of all properties reported pursuant to Sec. 101-
47.903(b).
    (e) HUD shall publish an annual list of properties determined 
suitable but which agencies reported unavailable including the reasons 
such properties are not available.
    (f) Copies of the lists published in the Federal Register will be 
available for review by the public in the HUD headquarters building 
library (room 8141); area-relevant portions of the lists will be 
available in the HUD regional offices and in major field offices.



Sec. 101-47.909  Application process.

(OMB approval number 09370191)

    (a) Holding period. (1) Properties published as available for 
application for use to assist the homeless shall not be available for 
any other purpose for a period of 60 days beginning on the date of 
publication. Any representative of the homeless interested in any 
underutilized, unutilized, excess or surplus Federal property for use as 
a facility to assist the homeless must send to HHS a written expression 
of interest in that property within 60 days after the property has been 
published in the Federal Register.
    (2) If a written expression of interest to apply for suitable 
property for use to assist the homeless is received by HHS within the 60 
day holding period, such property may not be made available for any 
other purpose until the date HHS or the appropriate landholding agency 
has completed action on the application submitted pursuant to that 
expression of interest.
    (3) The expression of interest should identify the specific 
property, briefly describe the proposed use, include the name of the 
organization, and indicate whether it is a public body or a private non-
profit organization. The expression of interest must be sent to the 
Division of Health Facilities Planning (DHFP) of the Department of 
Health and Human Services at the following address:

Director, Division of Health Facilities Planning, Public Health Service, 
room 17A-10, Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 
20857.


HHS will notify the landholding agency (for unutilized and underutilized 
properties) or GSA (for excess and surplus properties) when an 
expression of interest has been received for a particular property.
    (4) An expression of interest may be sent to HHS any time after the 
60 day holding period has expired. In such a case, an application 
submitted pursuant to this expression of interest may be approved for 
use by the homeless if:
    (i) No application or written expression of interest has been made 
under any law for use of the property for any purpose; and

[[Page 543]]

    (ii) In the case of excess or surplus property, GSA has not received 
a bona fide offer to purchase that property or advertised for the sale 
of the property by public auction.
    (b) Application requirements. Upon receipt of an expression of 
interest, DHFP will send an application packet to the interested entity. 
The application packet requires the applicant to provide certain 
information, including the following--
    (1) Description of the applicant organization. The applicant must 
document that it satisfies the definition of a ``representative of the 
homeless,'' as specified in Sec. 101-47.901 of this subpart. The 
applicant must document its authority to hold real property. Private 
non-profit organizations applying for deeds must document that they are 
section 501(c)(3) tax-exempt.
    (2) Description of the property desired. The applicant must describe 
the property desired and indicate that any modifications made to the 
property will conform to local use restrictions except for local zoning 
regulations.
    (3) Description of the proposed program. The applicant must fully 
describe the proposed program and demonstrate how the program will 
address the needs of the homeless population to be assisted. The 
applicant must fully describe what modifications will be made to the 
property before the program becomes operational.
    (4) Ability to finance and operate the proposed program. The 
applicant must specifically describe all anticipated costs and sources 
of funding for the proposed program. The applicant must indicate that it 
can assume care, custody, and maintenance of the property and that it 
has the necessary funds or the ability to obtain such funds to carry out 
the approved program of use for the property.
    (5) Compliance with non-discrimination requirements. Each applicant 
and lessee under this part must certify in writing that it will comply 
with the requirements of the Fair Housing Act (42 U.S.C. 3601-3619) and 
implementing regulations; and as applicable, Executive Order 11063 
(Equal Opportunity in Housing) and implementing regulations; title VI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4) (Nondiscrimination 
in Federally Assisted Programs) and implementing regulations; the 
prohibitions against discrimination on the basis of age under the Age 
Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing 
regulations; and the prohibitions against otherwise qualified 
individuals with handicaps under section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794) and implementing regulations. The applicant must 
state that it will not discriminate on the basis of race, color, 
national origin, religion, sex, age, familial status, or handicap in the 
use of the property, and will maintain the required records to 
demonstrate compliance with Federal laws.
    (6) Insurance. The applicant must certify that it will insure the 
property against loss, damage, or destruction in accordance with the 
requirements of 45 CFR 12.9.
    (7) Historic preservation. Where applicable, the applicant must 
provide information that will enable HHS to comply with Federal historic 
preservation requirements.
    (8) Environmental information. The applicant must provide sufficient 
information to allow HHS to analyze the potential impact of the 
applicant's proposal on the environment, in accordance with the 
instructions provided with the application packet. HHS will assist 
applicants in obtaining any pertinent environmental information in the 
possession of HUD, GSA, or the landholding agency.
    (9) Local government notification. The applicant must indicate that 
it has informed the applicable unit of general local government 
responsible for providing sewer, water, police, and fire services, in 
writing of its proposed program.
    (10) Zoning and local use restrictions. The applicant must indicate 
that it will comply with all local use restrictions, including local 
building code requirements. Any applicant which applies for a lease or 
permit for a particular property is not required to comply with local 
zoning requirements. Any applicant applying for a deed of a particular 
property, pursuant to Sec. 101-47.90 9(b)(3), must comply with local 
zoning requirements, as specified in 45 CFR part 12.

[[Page 544]]

    (c) Scope of evaluations. Due to the short time frame imposed for 
evaluating applications, HHS' evaluation will, generally, be limited to 
the information contained in the application.
    (d) Deadline. Completed applications must be received by DHFP, at 
the above address, within 90 days after an expression of interest is 
received from a particular applicant for that property. Upon written 
request from the applicant, HHS may grant extensions, provided that the 
appropriate landholding agency concurs with the extension. Because each 
applicant will have a different deadline based on the date the applicant 
submitted an expression of interest, applicants should contact the 
individual landholding agency to confirm that a particular property 
remains available prior to submitting an application.
    (e) Evaluations. (1) Upon receipt of an application, HHS will review 
it for completeness, and, if incomplete, may return it or ask the 
applicant to furnish any missing or additional required information 
prior to final evaluation of the application.
    (2) HHS will evaluate each completed application within 25 days of 
receipt and will promptly advise the applicant of its decision. 
Applications are evaluated on a first-come, first-serve basis. HHS will 
notify all organizations which have submitted expressions of interest 
for a particular property regarding whether the first application 
received for that property has been approved or disapproved. All 
applications will be reviewed on the basis of the following elements, 
which are listed in descending order of priority, except that paragraphs 
(e)(2)(iv) and (e)(2)(v) of this section are of equal importance.
    (i) Services offered. The extent and range of proposed services, 
such as meals, shelter, job training, and counseling.
    (ii) Need. The demand for the program and the degree to which the 
available property will be fully utilized.
    (iii) Implementation time. The amount of time necessary for the 
proposed program to become operational.
    (iv) Experience. Demonstrated prior success in operating similar 
programs and recommendations attesting to that fact by Federal, State, 
and local authorities.
    (v) Financial ability. The adequacy of funding that will likely be 
available to run the program fully and properly and to operate the 
facility.
    (3) Additional evaluation factors may be added as deemed necessary 
by HHS. If additional factors are added, the application packet will be 
revised to include a description of these additional factors.
    (4) If HHS receives one or more competing applications for a 
property within 5 days of the first application HHS will evaluate all 
completed applications simultaneously. HHS will rank approved 
applications based on the elements listed in Sec. 101-47.908(e)(2), and 
notify the landholding agency, or GSA, as appropriate, of the relative 
ranks.



Sec. 101-47.910  Action on approved applications.

    (a) Unutilized and underutilized properties. (1) When HHS approves 
an application, it will so notify the applicant and forward a copy of 
the application to the landholding agency. The landholding agency will 
execute the lease, or permit document, as appropriate, in consultation 
with the applicant.
    (2) The landholding agency maintains the discretion to decide the 
following:
    (i) The length of time the property will be available. (Leases and 
permits will be for a period of at least one year unless the applicant 
requests a shorter term.)
    (ii) Whether to grant use of the property via a lease or permit;
    (iii) The terms and conditions of the lease or permit document.
    (b) Excess and surplus properties. (1) When HHS approves an 
application, it will so notify the applicant and request that GSA assign 
the property to HHS for leasing. Upon receipt of the assignment, HHS 
will execute a lease in accordance with the procedures and requirements 
set out in 45 CFR part 12. In accordance with 41 CFR 101-47.402, custody 
and accountability of the property will remain throughout the lease term 
with the agency which initially reported the property as excess.
    (2) Prior to assignment to HHS, GSA may consider other Federal uses 
and

[[Page 545]]

other important national needs; however, in deciding the disposition of 
surplus real property, GSA will generally give priority of consideration 
to uses to assist the homeless. GSA may consider any competing request 
for the property made under section 203(k) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(k)) that is so 
meritorious and compelling that it outweighs the needs of the homeless, 
and HHS may likewise consider any competing request made under 
subsection 203(k)(1) of that law.
    (3) Whenever GSA or HHS decides in favor of a competing request over 
a request for property for homeless assistance use as provided in 
paragraph (b)(2) of this section, the agency making the decision will 
transmit to the appropriate committees of the Congress an explanatory 
statement which details the need satisfied by conveyance of the surplus 
property, and the reasons for determining that such need was so 
meritorious and compelling as to outweigh the needs of the homeless.
    (4) Deeds. Surplus property may be conveyed to representatives of 
the homeless pursuant to section 203(k) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(k)(1), and section 
501(f) of the McKinney Act as amended, 42 U.S.C. 11411. Representatives 
of the homeless must complete the application packet pursuant to the 
requirements of Sec. 101-47.909 of this part and in accordance with the 
requirements of 45 CFR part 12.
    (c) Completion of lease term and reversion of title. Lessees and 
grantees will be responsible for the protection and maintenance of the 
property during the time that they possess the property. Upon 
termination of the lease term or reversion of title to the Federal 
government, the lessee or grantee will be responsible for removing any 
improvements made to the property and will be responsible for 
restoration of the property. If such improvements are not removed, they 
will become the property of the Federal government. GSA or the 
landholding agency, as appropriate, will assume responsibility for 
protection and maintenance of a property when the lease terminates or 
title reverts.



Sec. 101-47.911  Unsuitable properties.

    The landholding agency will defer, for 20 days after the date that 
notice of a property is published in the Federal Register, action to 
dispose of properties determined unsuitable for homeless assistance. HUD 
will inform landholding agencies or GSA if appeal of an unsuitability 
determination is filed by a representative of the homeless pursuant to 
Sec. 101-47.904(f)(4). HUD will advise the agency that it should refrain 
from initiating disposal procedures until HUD has completed its 
reconsideration process regarding unsuitability. Thereafter, or if no 
appeal has been filed after 20 days, GSA or the appropriate landholding 
agency may proceed with disposal action in accordance with applicable 
law.



Sec. 101-47.912  No applications approved.

    (a) At the end of the 60 day holding period described in Sec. 101-
47.909(a), HHS will notify GSA, or the landholding agency, as 
appropriate, if an expression of interest has been received for a 
particular property. Where there is no expression of interest, GSA or 
the landholding agency, as appropriate, will proceed with disposal in 
accordance with applicable law.
    (b) Upon advice from HHS that all applications have been 
disapproved, or if no completed applications or requests for extensions 
have been received by HHS within 90 days from the date of the last 
expression of interest, disposal may proceed in accordance with 
applicable law.

Subparts 101-47.10--101-47.48  [Reserved]



                    Subpart 101-47.49--Illustrations



Sec. 101-47.4900  Scope of subpart.

    This subpart sets forth certain forms and illustrations referred to 
previously in this part. Agency field offices should obtain the GSA 
forms prescribed in this subpart by submitting their future requirements 
to their Washington headquarters office which will forward consolidated 
annual requirements to the General Services Administration (BRAF), 
Washington, DC 20405. Standard forms should be obtained from the

[[Page 546]]

nearest GSA supply distribution facility.

[40 FR 12080, Mar. 17, 1975]



Sec. 101-47.4901  [Reserved]



Sec. 101-47.4902  Standard Form 118, Report of Excess Real Property.



Sec. 101-47.4902-1  Standard Form 118a, Buildings, Structures, Utilities, and Miscellaneous Facilities.



Sec. 101-47.4902-2  Standard Form 118b, Land.



Sec. 101-47.4902-3  Standard Form 118c, Related Personal Property.



Sec. 101-47.4902-4  Instructions for the preparation of Standard Form 118, and Attachments, Standard Forms 118a, 118b, and 118c.



Sec. 101-47.4904  GSA Form 1334, Request for Transfer of Excess Real and Related Personal Property.

    Note: The illustrations in Sec. 101-47.4904 are filed as part of the 
original document and do not appear in the Federal Register or the Code 
of Federal Regulations.

[42 FR 40698, Aug. 11, 1977]



Sec. 101-47.4904-1  Instructions for preparation of GSA Form 1334, Request for Transfer of Excess Real and Related Personal Property.

    Note: The illustrations in Sec. 101-47.4904-1 are filed as part of 
the original document and do not appear in the Federal Register or the 
Code of Federal Regulations.

[42 FR 40698, Aug. 11, 1977]



Sec. 101-47.4905  Extract of statutes authorizing disposal of surplus real property to public agencies.

    Statute: 16 U.S.C. 667b-d. Disposals for wildlife conservation 
purposes.
    Type of property*: Any surplus real property (with or without 
improvements) that can be utilized for wildlife conservation purposes 
other than migratory birds, exclusive of (1) oil, gas, and mineral 
rights, and (2) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agency: The agency of the State exercising the 
administration of the wildlife resources of the State.

    Statute: 23 U.S.C. 107 and 317. Disposals for Federal aid and other 
highways.
    Type of property *: Any real property or interests therein 
determined by the Secretary of Transportation to be reasonably necessary 
for the right-of-way of a Federal aid or other highway (including 
control of access thereto from adjoining lands) or as a source of 
material for the construction or maintenance of any such highway 
adjacent to such real property or interest therein, exclusive of (1) 
oil, gas, and mineral rights; and (2) property which the holding agency 
has requested reimbursement of the net proceeds of disposition pursuant 
to section 204(c) of the Act.
    Eligible public agency: State wherein the property is situated (or 
such political subdivision of the State as its law may provide), 
including the District of Columbia and Commonwealth of Puerto Rico.

    Statute: 40 U.S.C. 122. Transfer to the District of Columbia of 
jurisdiction over properties within the District for administration and 
maintenance under conditions to be agreed upon.
    Type of property: Any surplus real property, except property for 
which the holding agency has requested reimbursement of the net proceeds 
of disposition pursuant to section 204(c) of the Act.
    Eligible public agency: District of Columbia.

    Statute: 40 U.S.C. 345c. Disposals for authorized widening of public 
highways, streets, or alleys.
    Type of property *: Such interest in surplus real property as the 
head of the disposal agency determines will not be adverse to the 
interests of the United States, exclusive of (1) oil, gas and mineral 
rights; (2) property subject to disposal for Federal aid and other 
highways under the provisions of 3 U.S.C. 107 and 317; and (3) property 
which the holding agency has requested reimbursement of the net proceeds 
of disposition pursuant to section 204(c) of the Act.
    Eligible public agency: State or political subdivision of a State.


[[Page 547]]


    Statute: 40 U.S.C. 484(e)(3)(H). Disposals by negotiations.
    Type of property: Any surplus real property including related 
personal property.
    Eligible public agency: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality, 
political subdivision, or tax-supported agency in any of them.

    Statute: 40 U.S.C. 484(k)(1)(A). Disposals for school, classroom, or 
other educational purposes.
    Type of property *: Any surplus real property, including buildings, 
fixtures, and equipment situated thereon, exclusive of (1) oil, gas, and 
mineral rights; and (2) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality, 
political subdivision, or tax-supported educational institution in any 
of them.

    Statute: 40 U.S.C. 484(k)(1)(B). Disposals for public health 
purposes including research.
    Type of property *: Any surplus real property, including buildings, 
fixtures, and equipment situated thereon, exclusive of (1) oil, gas, and 
mineral rights; and (2) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality, 
political subdivision, or tax-supported medical institution in any of 
them.

    Statute: 40 U.S.C. 484(k)(2). Disposals for public park or 
recreation areas.
    Type of property*: Any surplus real property recommended by the 
Secretary of the Interior as being needed for use as a public park or 
recreation area, including buildings, fixtures, and equipment situated 
thereon, exclusive of (1) oil, gas, and mineral rights; (2) improvements 
without land; (3) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality or 
political subdivision in any of them.

    Statute: 40 U.S.C. 484(k)(3). Disposals for historic monuments.
    Type of property: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, exclusive 
of (1) oil, gas, and mineral rights; (2) improvements without land; (3) 
property which the holding agency has requested reimbursement of the net 
proceeds of disposition pursuant to section 204(c) of the Act. Before 
property may be conveyed under this statute, the Secretary of the 
Interior must determine that the property is suitable and desirable for 
use as a historic monument for the benefit of the public. No property 
shall be determined to be suitable or desirable for use as a historic 
monument except in conformity with the recommendation of the Advisory 
Board on National Parks, Historic Sites, Buildings, and Monuments 
established by section 3 of the act entitled ``An Act for the 
preservation of historic American sites, buildings, objects, and 
antiquities of national significance, and for other purposes,'' approved 
Aug. 21, 1935 (49 Stat. 666), and only so much of any such property 
shall be so determined to be suitable or desirable for such use as is 
necessary for the preservation and property observation of its historic 
features. The Administrator of General Services may authorize the use of 
the property conveyed under this subsection for revenue-producing 
activities if the Secretary of the Interior (1) determines that such 
activities are compatible with use of the property for historic monument 
purposes, (2) approves the grantee's plan for repair, rehabilitation, 
restoration, and maintenance of the property, (3) approves grantee's 
plan for financing repairs, rehabilitation, restoration, and maintenance 
of the property which must provide that incomes in excess of the costs 
of such items shall be used by the grantee only for public historic 
preservation, park, or recreational purposes,

[[Page 548]]

and (4) approves the grantee's accounting and financial procedures for 
recording and reporting on revenue-producing activities.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality or 
political subdivision in any of them.

    Statute: 40 U.S.C. 484(k)(6). Disposals for self-help housing and 
housing assistance.
    Type of property*: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, exclusive 
of (1) oil, gas, and mineral rights; (2) improvements without land; and 
(3) property which the holding agency has requested reimbursement of the 
net proceeds of disposition pursuant to section 204(c) of the Act. 
Before property may be conveyed under this statute, the Secretary of the 
Housing and Urban Development must recommend that the property is needed 
for providing self-help housing or housing assistance for low-income 
individuals or families.
    Eligible public agencies: Any State, any political subdivision or 
instrumentality of a State, or any nonprofit organization that exists 
for the primary purpose of providing self-help housing or housing 
assistance for low-income individuals or families.

    Statute: 40 U.S.C. 484(p). Disposals for correctional facility, law 
enforcement, or emergency management response purposes.
    Type of property*: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, exclusive 
of (1) oil, gas, and mineral rights; (2) improvements without land; and 
(3) property which the holding agency has requested reimbursement of the 
net proceeds of disposition pursuant to section 204(c) of the Act. 
Before property may be conveyed under this statute, the Attorney General 
must determine that the property is required for correctional facility 
use under an appropriate program or project approved by the Attorney 
General for the care or rehabilitation of criminal offenders or for law 
enforcement use. Before property may be conveyed under this statute for 
emergency management response use, the Director of the Federal Emergency 
Management Agency must determine that the property is required for such 
use.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any political 
subdivision or instrumentality thereof.

    Statute: 40 U.S.C. 484(q). Disposals for port facility purposes.
    Type of property: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, exclusive 
of (1) oil, gas, and mineral rights; (2) improvements without land; (3) 
property which the holding agency has requested reimbursement of the net 
proceeds of disposition pursuant to section 204(c) of the Act. Before 
property may be conveyed under this statute, the Secretary of 
Transportation must determine, after consultation with the Secretary of 
Labor, that the property is located in an area of serious economic 
disruption; and approve, after consultation with the Secretary of 
Commerce, an economic development plan associated with the plan of use 
of the property.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality or 
political subdivision in any of them.

    Statute: 49 U.S.C. 47151. Disposals for public airport purposes.
    Type of property*: Any surplus real or personal property, exclusive 
of (1) oil, gas and mineral rights; (2) property subject to disposal as 
a historic monument site under the provisions of Sec. 101-47.308-3; (3) 
property the highest and the best use of which is determined by the 
disposal agency to be industrial and which shall be so classified for 
disposal, and (4) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agencies: Any State, the District of Columbia; any 
territory or possession of the United States; and any instrumentality or 
political subdivision in any of them.

    Statute: 50 U.S.C. App. 1622(d). Disposals of power transmission 
lines needful for or adaptable to the requirements of a public power 
project.

[[Page 549]]

    Type of property*: Any surplus power transmission line and the 
right-of-way acquired for its construction.
    Eligible public agency: Any State or political subdivision thereof 
or any State agency or instrumentality.

    *The Commissioner, Public Buildings Service, General Services 
Administration, Washington, DC 20405, in appropriate instances, may 
waive any exclusions listed in this description, except for those 
required by law.

[60 FR 35708, July 11, 1995, as amended at 64 FR 5619, Feb. 4, 1999]



Sec. 101-47.4906  Sample notice to public agencies of surplus determination.

          Notice of Surplus Determination--Government Property

_______________________________________________________________________
(Date)

_______________________________________________________________________
(Name of property)

_______________________________________________________________________
(Location)

    Notice is hereby given that the above described property has been 
determined to be surplus Government property. The property consists of 
________ acres of fee land, more or less, together with easements and 
improvements as follows:
    This property is surplus property available for disposal under the 
provisions of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and 
applicable regulations. The applicable regulations provide that non-
Federal public agencies shall be allowed a reasonable period of time to 
submit a formal application for surplus real property in which they may 
be interested. Disposal of this property, or portions thereof, may be 
made to public agencies for the public uses listed below whenever the 
Government determines that the property is available for such uses and 
that disposal thereof is authorized by the statutes cited and applicable 
regulations. (Note: List only those statutes and types of disposal 
appropriate to the particular surplus property described in the notice.)

16 U.S.C. 667b-d..........................  Wildlife conservation.
23 U.S.C. 107 and 317.....................  Federal aid and certain
                                             other highways.
40 U.S.C. 122.............................  Transfer to the District of
                                             Columbia.
40 U.S.C. 345c............................  Widening of highways,
                                             streets, or alleys.
40 U.S.C. 484(e)(3)(H)....................  Negotiated sales for general
                                             public purpose uses. (Note:
                                             This statute should not be
                                             listed if the affected
                                             surplus property has an
                                             estimated value of less
                                             than $10,000.)
40 U.S.C. 484(k)(1)(A)....................  School, classroom, or other
                                             educational purposes.
40 U.S.C. 484(k)(1)(B)....................  Protection of public health,
                                             including research.
40 U.S.C. 484(k)(2).......................  Public park or recreation
                                             area.
40 U.S.C. 484(k)(3).......................  Historic monument.
40 U.S.C. 484(k)(6).......................  Self-help housing and
                                             housing assistance.
40 U.S.C. 484(p)..........................  Correctional facility, law
                                             enforcement, or emergency
                                             management response.
40 U.S.C. 484(q)..........................  Port facility.
49 U.S.C. 47151...........................  Public airport.
50 U.S.C. App. 1622(d)....................  Power transmission lines.
 

    If any public agency desires to acquire the property under any of 
the cited statutes, notice thereof must be filed in writing with

(Insert name and address of disposal agency):

_______________________________________________________________________
Such notice must be filed not later than________________________________

(Insert date of the 21st day following the date of the notice.)

    Each notice so filed shall:
    (a) Disclose the contemplated use of the property;
    (b) Contain a citation of the applicable statute or statutes under 
which the public agency desires to procure the property;
    (c) Disclose the nature of the interest if an interest less than fee 
title to the property is contemplated;
    (d) State the length of time required to develop and submit a formal 
application for the property. (Where a payment to the Government is 
required under the statute, include a statement as to whether funds are 
available and, if not, the period required to obtain funds.); and
    (e) Give the reason for the time required to develop and submit a 
formal application.

[[Page 550]]

    Upon receipt of such written notices, the public agency shall be 
promptly informed concerning the period of time that will be allowed for 
submission of a formal application. In the absence of such written 
notice, or in the event a public use proposal is not approved, the 
regulations issued pursuant to authority contained in the Federal 
Property and Administrative Services Act of 1949 provide for offering 
the property for sale.
    Application forms or instructions to acquire property for the public 
uses listed in this notice may be obtained by contacting the following 
Federal agencies for each of the indicated purposes:

    Note: For each public purpose statute listed in this notice, show 
the name, address, and telephone number of the Federal agency to be 
contacted by interested public body applicants.)

[60 FR 35710, July 11, 1995, as amended at 64 FR 5619, Feb. 4, 1999]



Sec. 101-47.4906a  Attachment to notice sent to zoning authority.

  Federal Property and Administrative Services Act of 1949, As Amended

                   Title VIII--Urban Land Utilization

                         disposal of urban lands

Sec. 803
    (a) Whenever the Administrator contemplates the disposal for or on 
behalf of any Federal agency of any real property situated within an 
urban area, he shall, prior to offering such land for sale, give 
reasonable notice to the head of the governing body of the unit of 
general local govenrment having jurisdiction over zoning and land-use 
regulation in the geographical area within which the land or lands are 
located in order to afford the government the opportunity of zoning for 
the use of such land in accordance with local comprehensive planning.
    (b) The Administrator, to the greatest practicable extent, shall 
furnish to all prospective purchasers of such real property, full and 
complete information concerning:
    (1) Current zoning regulations and prospective zoning requirements 
and objectives for such property when it is unzoned: and
    (2) Current availability to such property of streets, sidewalks, 
sewers, water, street lights, and other service facilities and 
prospective availability of such services if such property is included 
in comprehensive planning.

[34 FR 11210, July 3, 1969]



Sec. 101-47.4906b  Paragraph to be added to letter sent to zoning authority.

    As the head of the governing body of the unit of general local 
government having jurisdiction over zoning and land-use regulations in 
the geographical area within which this surplus property is located, you 
also may be interested in section 803 of the Federal Property and 
Administrative Services Act of 1949, as amended, 82 Stat. 1105, a copy 
of which is attached for ready reference. It is requested that the 
information contemplated by section 803(b) be forwarded this office 
within the same 20-calendar-day period prescribed in the attached notice 
of surplus determination for the advising of a desire to acquire the 
property. If the property is unzoned and you desire the opportunity to 
accomplish such zoning in accordance with local comprehensive planning 
pursuant to section 803(a), please so advise us in writing within the 
same time frame and let us know the time you will require for the 
promulgation of such zoning regulations. We will not delay sale of the 
property pending such zoning for more than 50 days from the date of this 
notice. However, if you will not be able to accomplish the desired 
zoning before the property is placed on sale, we will advise prospective 
purchasers of the pending zoning in process.

[34 FR 11210, July 3, 1969]



Sec. 101-47.4906-1  Sample letter for transmission of notice of surplus determination.

_______________________________________________________________________
(Date)

                Certified Mail--Return Receipt Requested

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(Addressee)

Dear ____________________________:
The former ________________________(Name of property), 
________________________(Location) has been determined to be surplus 
Government property and available for disposal.

    Included in the attached notice are a description of the property 
and procedural instructions to be followed if any public agency desires 
to submit an application for the property. Please note particularly the 
name and address given for filing written notice if

[[Page 551]]

any public agency desires to submit such an application, the time 
limitation within which written notice must be filed, and the required 
content of such notice. Additional instructions are provided for the 
submission of comments regarding any incompatibility of the disposal 
with any public agency's development plans and programs.
    In order to ensure that all interested parties are informed of the 
availability of this property, please post the additional copies of the 
attached notice in appropriate conspicuous places.\1\
---------------------------------------------------------------------------

    \1\ Attach as many copies of the notice as may be anticipated will 
be required for adequate posting.
---------------------------------------------------------------------------

    A notice of surplus determination also is being mailed to 
________________________ (Other addressees).

Sincerely,

Attachment

[34 FR 11211, July 3, 1969, as amended at 35 FR 8487, June 2, 1970]



Sec. 101-47.4906-2  Sample letter to a State single point of contact.

_______________________________________________________________________
(Date)

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(Addressee)

Dear:___________________________________________________________________

    On July 14, 1982, the President issued Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' This Executive order 
provides for State and local government coordination and review of 
certain proposed Federal programs and activities, including real 
property disposal actions of the General Services Administration.
    Enclosed is a notice of surplus determination that has been sent to 
appropriate public bodies advising them of the availability of the 
described real property for public purposes. Surplus Federal real 
property which is not acquired for State or local governmental public 
purposes is generally offered for sale to the general public by 
competitive bidding procedures.
    No final disposal action will be taken for 60 calendar days from the 
date of this letter to allow for the receipt of any comments from your 
office.

[52 FR 9831, Mar. 27, 1987]



Sec. 101-47.4907  List of Federal real property holding agencies.

    Note: The illustrations in Sec. 101-47.4907 are filed as part of the 
original document and do not appear in the Federal Register or the Code 
of Federal Regulations.

[40 FR 12080, Mar. 17, 1975]



Sec. 101-47.4908  Excess profits covenant.

      Excess Profits Covenant for Negotiated Sales to Public Bodies

    (a) This covenant shall run with the land for a period of 3 years 
from the date of conveyance. With respect to the property described in 
this deed, if at any time within a 3-year period from the date of 
transfer of title by the Grantor, the Grantee, or its successors or 
assigns, shall sell or enter into agreements to sell the property, 
either in a single transaction or in a series of transactions, it is 
covenanted and agreed that all proceeds received or to be received in 
excess of the Grantee's or a subsequent seller's actual allowable costs 
will be remitted to the Grantor. In the event of a sale of less than the 
entire property, actual allowable costs will be apportioned to the 
property based on a fair and reasonable determination by the Grantor.
    (b) For purposes of this covenant, the Grantee's or a subsequent 
seller's allowable costs shall include the following:
    (1) The purchase price of the real property;
    (2) The direct costs actually incurred and paid for improvements 
which serve only the property, including road construction, storm and 
sanitary sewer construction, other public facilities or utility 
construction, building rehabilitation and demolition, landscaping, 
grading, and other site or public improvements;
    (3) The direct costs actually incurred and paid for design and 
engineering services with respect to the improvements described in 
(b)(2) of this section; and
    (4) The finance charges actually incurred and paid in conjunction 
with loans obtained to meet any of the allowable costs enumerated above.
    (c) None of the allowable costs described in paragraph (b) of this 
section will be deductible if defrayed by Federal grants or if used as 
matching funds to secure Federal grants.
    (d) In order to verify compliance with the terms and conditions of 
this covenant, the Grantee, or its successors or assigns, shall submit 
an annual report for each of the subsequent 3 years to the Grantor on 
the anniversary date of this deed. Each report will identify the 
property involved in this transaction and will contain such of the 
following items of information as are applicable at the time of 
submission:
    (1) A description of each portion of the property that has been 
resold;
    (2) The sale price of each such resold portion;
    (3) The identity of each purchaser;
    (4) The proposed land use; and

[[Page 552]]

    (5) An enumeration of any allowable costs incurred and paid that 
would offset any realized profit.

If no resale has been made, the report shall so state.
    (e) The Grantor may monitor the property and inspect records related 
thereto to ensure compliance with the terms and conditions of this 
covenant and may take any actions which it deems reasonable and prudent 
to recover any excess profits realized through the resale of the 
property.

[51 FR 23760, July 1, 1986]



Sec. 101-47.4909  Highest and best use.

    (a) Highest and best use is the most likely use to which a property 
can be put, so as to produce the highest monetary return from the 
property, promote its maximum value, or serve a public or institutional 
purpose. The highest and best use determination must be based on the 
property's economic potential, qualitative values (social and 
environmental) inherent in the property itself, and other utilization 
factors controlling or directly affecting land use (e.g. zoning, 
physical characteristics, private and public uses in the vicinity, 
neighboring improvements, utility services, access, roads, location, and 
environmental and historical considerations). Projected highest and best 
use should not be remote, speculative, or conjectural.
    (b) An analysis and determination of highest and best use is based 
on information compiled from the property inspection and environmental 
assessment. Major considerations include:
    (1) Present zoning category (check one or more as appropriate).

Industrial.......................................................   ____
Single family residential........................................   ____
Multiple family residential......................................   ____
Commercial/retail................................................   ____
Warehouse........................................................   ____
Agriculture......................................................   ____
Institutional or public use......................................   ____
 

Other (specify)_________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

Not zoned........................................................   ____
Zoning proceeding pending Federal disposal.......................   ____
 

Category proposed_______________________________________________________

    (2) Physical characteristics. (Describe land and improvements and 
comment on property's physical characteristics including utility 
services, access, environmental and historical aspects, and other 
significant factors)
_______________________________________________________________________
_______________________________________________________________________

    (3) Area/neighborhood uses (check one or more as appropriate).

Single family residential........................................   ____
Multiple family residential......................................   ____
Industrial.......................................................   ____
Office...........................................................   ____
Retail or commercial.............................................   ____
Farmland.........................................................   ____
Recreational/park area...........................................   ____
 

Other (specify)_________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

    (4) Existing neighboring improvements (check one or more as 
appropriate).

Deteriorating....................................................   ____
Stable...........................................................   ____
Some recent development..........................................   ____
Significant recent development...................................   ____
 


Vicinity improvements:
____Dense ____Moderate ____Sparse ____None

    (5) Environmental factors/constraints adversely affecting the 
marketability of the property (check one or more as appropriate).

Severe slope or soil instability.................................   ____
Road access......................................................   ____
Access to sanitary sewers or storm sewers........................   ____
Access to water supply...........................................   ____
Location within or near floodplain...............................   ____
Wetlands.........................................................   ____
Tidelands........................................................   ____
Irregular shape..................................................   ____
Present lease agreement or other possessory non-Federal interest.   ____
Historic, archeological or cultural..............................   ____
Contamination or other hazards...................................   ____
 

Other (specify)_________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Comments on adverse conditions__________________________________________

_______________________________________________________________________
_______________________________________________________________________

    (6) Former Government uses (check one or more as appropriate).

Office...........................................................   ____
Industrial.......................................................   ____
Warehouse or storage.............................................   ____
Residential......................................................   ____
Retail/commercial................................................   ____
Agricultural.....................................................   ____
 


Specify other uses below, such as airport, health, education, recreation 
and special military facilities--


[[Page 553]]


_______________________________________________________________________
_______________________________________________________________________

    (c) Determination of highest and best use (check one or more as 
appropriate).

Single family residential........................................   ____
Multiple family residential......................................   ____
Industrial.......................................................   ____
Office...........................................................   ____
Retail or commercial.............................................   ____
Agricultural.....................................................   ____
Warehouse/storage................................................   ____
Transportation...................................................   ____
Historic monument................................................   ____
Recreation/park..................................................   ____
Health...........................................................   ____
Education or related institutional use...........................   ____
Airport..........................................................   ____
Wildlife Conservation............................................   ____
Public utility...................................................   ____
 


Other (include general public or governmental).

_______________________________________________________________________
_______________________________________________________________________

Remarks:________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

    (d) Are significant costs required to make property conform to 
highest and best use (i.e. demolition of existing improvements, 
relocation of existing improvements, etc.)?

Remarks:________________________________________________________________
_______________________________________________________________________

    (e) Can a knowledgeable cost estimate be given in reference to 
paragraph d above? (Enter figure).

Yes ($________)..................................................   ____
No...............................................................   ____
 

    (f) Is the property located adjacent to or inside the boundaries of 
a State park, forest or recreational area?

Yes..............................................................   ____
No...............................................................   ____
 

Remarks_________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

[49 FR 37091, Sept. 21, 1984]



Sec. 101-47.4910  Field offices of Department of Health, Education, and Welfare.

    Note: The illustrations in Sec. 101-47.4910 are filed as part of the 
original document and do not appear in the Federal Register or the Code 
of Federal Regulations.

[40 FR 12080, Mar. 17, 1975]



Sec. 101-47.4911  Outline for explanatory statements for negotiated sales.

    Note: The illustration listed in Sec. 101-47.4911 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[42 FR 31455, June 21, 1977]



Sec. 101-47.4912  Regional offices of the Bureau of Outdoor Recreation, Department of the Interior.

    Address communications to: Regional Director, Bureau of Outdoor 
Recreation, Department of the Interior.

------------------------------------------------------------------------
        Region and jurisdiction               Address and telephone
------------------------------------------------------------------------
Northeast region:
  Connecticut, Delaware, Maine,          Federal Bldg., 600 Arch St.,
   Maryland, Massachusetts, New           Philadelphia, Pa. 19106. Code
   Hampshire, New Jersey, New York,       215, 597-7989
   Pennsylvania, Rhode Island, Vermont,
   Virginia, West Virginia, and
   District of Columbia.
Southeast region:
  Alabama, Florida, Georgia, Kentucky,   148 Cain St., Atlanta, Ga.
   Mississippi, North Carolina, Puerto    30303. Code 404, 526-4405.
   Rico, South Carolina, Tennessee, and
   Virgin Islands.
Lake Central region:
  Illinois, Indiana, Michigan,           3853 Research Park Dr., Ann
   Minnesota, Ohio, and Wisconsin.        Arbor, Mich. 48104. Code 313,
                                          769-3211
Midcontinent region:
  Colorado, Iowa, Kansas, Missouri,      Building 41, Denver Federal
   Montana, Nebraska, North Dakota,       Center, P.O. Box 25387,
   South Dakota, Utah, and Wyoming.       Denver, Colo. 80225. Code 303,
                                          234-2634
South Central region:
  Arkansas, Louisiana, New Mexico,       Patio Plaza Bldg., 5000 Marble
   Oklahoma, and Texas.                   Ave., NE., Albuquerque, N.
                                          Mex. 87110. Code 505, 843-3514
Northwest region:
  Alaska, Idaho, Oregon, and Washington  United Pacific Bldg., 1000
                                          Second Ave., Seattle, Wash.
                                          98104. Code 206, 442-4706
Pacific Southwest region:
  American Samoa, Arizona, California,   Box 36062, 450 Golden Gate
   Guam, Hawaii, and Nevada.              Ave., San Francisco, Calif.
                                          94102. Code 415, 556-0182
------------------------------------------------------------------------


[[Page 554]]

[40 FR 22260, May 22, 1975]



Sec. 101-47.4913  Outline for protection and maintenance of excess and surplus real property.

    A. General. In protecting and maintaining excess and surplus 
properties, the adoption of the principle of ``calculated risk'' is 
considered to be essential. In taking what is termed a ``calculated 
risk,'' the expected losses and deteriorations in terms of realizable 
values are anticipated to be less in the overall than expenditures to 
minimize the risks. In determining the amount of protection to be 
supplied under this procedure, a number of factors should be considered; 
such as, the availability of, and the distance to, local, public, or 
private protection facilities; the size and value of the facility; 
general characteristics of structures; physical protection involving 
fencing, number of gates, etc.; the location and availability of 
communication facilities; and the amount and type of activity at the 
facility. Conditions at the various excess and surplus properties are so 
diverse that it is impracticable to establish a definite or fixed 
formula for determining the extent of protection and maintenance that 
should be applied. The standards or criteria set forth in B and C, 
below, are furnished as a guide in making such determinations.
    B. Protection Standards. The following standards are furnished as a 
guide in determining the amount and limits of protection.
    1. Properties not Requiring Protection Personnel. Fire protection or 
security personnel are not needed at:
    (a) Facilities where there are no structures or related personal 
property;
    (b) Facilities where the realizable or recoverable value of the 
improvements and related personal property subject to loss is less than 
the estimated cost of protection for a one-year period;
    (c) Facilities of little value located within public fire and police 
department limits, which can be locked or boarded up;
    (d) Facilities where the major buildings are equipped with automatic 
sprinklers, supervised by American District Telegraph Company or other 
central station service, which do not contain large quantities of 
readily removable personal property, and which are in an area patrolled 
regularly by local police; and
    (e) Facilities where agreements can be made with a lessee of a 
portion of the property to protect the remaining portions at nominal, or 
without additional cost.
    2. Properties Requiring a Resident Custodian. A resident custodian 
or guard only is required at facilities of the following classes:
    (a) Facilities containing little removable personal property but 
having a considerable number of buildings to be sold for off-site use 
when (a) the buildings are of low realizable value and so spaced that 
loss of more than a few buildings in a single fire is improbable, or (b) 
the buildings are so located that water for firefighting purposes is 
available and municipal or other fire department services will respond 
promptly;
    (b) Small, inactive industrial and commercial facilities which must 
be kept open for inspection and which are so located that public fire 
and police protection can be secured by telephone;
    (c) Facilities where the highest and best use has been determined to 
be salvage; and
    (d) Facilities of little, or salvage, value but potentially 
dangerous and attractive to children and curiosity seekers where the 
posting of signs is not sufficient to protect the public.
    3. Properties Requiring Continuous Guard Service. One guard on duty 
at all times (a total of 5 guards required) is required at facilities of 
high market value which are fenced; require only one open gate which can 
be locked during patrols; all buildings of which can be locked; and 
where local police and fire protection can be secured by telephone.
    4. Properties Requiring High Degree of Protection. More than one 
firefighter-guard will be required to be on duty at all times at 
facilities of the classes listed below. The number, and the assignment, 
of firefighter-guards in such cases should be determined by taking into 
consideration all pertinent factors.
    (a) Facilities of high market value which are distant from public 
assistance and require an on-the-site firefighting force adequate to 
hold fires in check until outside assistance can be obtained.
    (b) Facilities of high market value which can obtain no outside 
assistance and require an on-the-site firefighting force adequate to 
extinguish fires.
    (c) Facilities of high market value at which the patrolling of large 
areas is necessary.
    (d) Facilities of high market value not fenced and containing large 
quantities of personal property of a nature inviting pilferage.
    (e) Facilities of high market value at which several gates must be 
kept open for operating purposes.
    5. Standards for All Protected Properties.
    (a) All facilities within the range of municipal or other public 
protection, but outside the geographic limits of such public body, 
should be covered by advance arrangements with appropriate authorities 
for police and fire protection service, at a monthly or other service 
fee if necessary.

[[Page 555]]

    (b) Patrolling of all facilities with large areas to be protected 
should be accomplished by use of automotive vehicles.
    (c) At fenced facilities, a minimum number of gates should be kept 
open.
    6. Firefighter-Guards. Firefighters and guards are the normal means 
for carrying out the fire protection and security programs at excess and 
surplus real properties where both such programs are required. The 
duties of firefighters and guards should be combined to the maximum 
extent possible in the interest of both economy and efficiency. Such 
personnel would also be available in many cases for other miscellaneous 
services, such as, removing grass and weeds or other fire hazards, 
servicing fire extinguishers, and other activities related to general 
protection of property.
    7. Operating Requirements of Protection Units. Firefighter-guards or 
guards, should be required to make periodic rounds of facilities 
requiring protection. The frequency of these rounds would be based upon 
a number of factors; such as, location and size of the facility, type of 
structures and physical barriers, and the amount and type of activity at 
the facility. There may be instances where some form of central station 
supervision, such as American District Telegraph Company, will effect 
reduction in costs by reducing the number of firefighter-guards, or 
guards, required to adequately protect the premises.
    8. Watchman's Clock. To insure adequate coverage of the entire 
property by the guards, or firefighter-guards, an approved watchman's 
clock should be provided, with key stations strategically located so 
that, in passing from one to the other, the guards will cover all 
portions of the property.
    9. Protection Alarm Equipment. Automatic fire detection devices and 
allied equipment and services may materially assist in minimizing 
protection costs. However, use of devices of this type, like guards, are 
purely secondary fire protection and are primarily a means of obtaining 
fire and police protection facilities at the property in an emergency. 
There are various types of devices, each of which can be considered 
separately or in combination as supplementing guard patrols, which may 
assist in reduction of costs and, in some instances, it may be possible 
to eliminate all guards.
    10. Sentry Dogs. Frequently there are facilities of high market 
value, or which cover large areas, or are so isolated that they invite 
intrusion by curiosity seekers, hunters, vagrants, etc., which require 
extra or special protection measures. This has usually been taken care 
of by staffing with additional guards so that the ``buddy system'' of 
patrolling may be used. In such cases, the use of sentry dogs should be 
considered in arriving at the appropriate method of offsetting the need 
for additional guards, as well as possible reductions in personnel. If 
it is determined to be in the Government's interest to use this type of 
protection, advice should be obtained as to acquisition (lease, 
purchase, or donation), training, use, and care, from the nearest police 
department using sentry dogs. When sentry dogs are used, the property 
should be clearly posted ``Warning--This Government Property Patrolled 
by Sentry Dogs.''
    C. Maintenance Standards. The following standards or criteria are 
furnished as a guide in connection with the upkeep of excess and surplus 
real properties:
    1. Temporary Type Buildings and Structures. Temporary buildings 
housing personal property which cannot be readily removed to permanent 
type storage should be maintained only to the extent necessary to 
protect the personal property. Vacant temporary structures should not be 
maintained except in unusual circumstances.
    2. Permanent Type Buildings and Structures. (a) No interior painting 
should be done. Where exterior wood or metal surfaces require treatment 
to prevent serious deterioration, spot painting only should be done when 
practicable.
    (b) Carpentry and glazing should be limited to: work necessary to 
close openings against weather and pilferage; making necessary repairs 
to floors, roofs, and sidewalls as a protection against further damage; 
shoring and bracing of structures to preclude structural failures; and 
similar operations.
    (c) Any necessary roofing and sheet metal repairs should, as a rule, 
be on a patch basis.
    (d) Masonry repairs, including brick, tile, and concrete 
construction, should be undertaken only to prevent leakage or 
disintegration, or to protect against imminent structural failure.
    (e) No buildings should be heated for maintenance purposes except in 
unusual circumstances.
    3. Mechanical and Electrical Installations. These include plumbing, 
heating, ventilating, air conditioning, sprinkler systems, fire alarm 
systems, electrical equipment, elevators, and similar items.
    (a) At facilities in inactive status, maintenance of mechanical and 
electrical installations should be limited to that which is necessary to 
prevent or arrest serious deterioration. In most cases, personnel should 
not be employed for this work except on a temporary basis at periodic 
intervals when it is determined by inspections that the work is 
necessary. Wherever possible electrical systems should be deenergized, 
water drained from all fixtures, heat turned off, and buildings secured 
against unauthorized entry. Sprinkler systems should be drained during 
freezing weather and reactivated when danger of freezing has passed.
    (b) At facilities in active status, such as multiple-tenancy 
operations, equipment

[[Page 556]]

should be kept in reasonable operating condition. Operation of equipment 
to furnish services to private tenants, as well as the procurement of 
utility services for distribution to tenants, should be carried on only 
to the extent necessary to comply with lease or permit conditions, or in 
cases where it is impracticable for tenants to obtain such services 
directly from utility companies or other sources.
    (c) At facilities where elevators and/or high-pressure boilers and 
related equipment are in operation, arrangements should be made for 
periodic inspections by qualified and licensed inspectors to insure that 
injury to personnel, loss of life, or damage to property does not occur.
    (d) Individual heaters should be used, when practicable, in lieu of 
operating heating plants.
    4. Grounds, Roads, Railroads, and Fencing. (a) Maintenance of 
grounds should be confined largely to removal of vegetation where 
necessary to avoid fire hazards and to control poisonous and noxious 
plant growth in accordance with local and State laws and regulations; 
plowing of fire lanes where needed; and removal of snow from roads and 
other areas only to the extent necessary to provide access for 
maintenance, fire protection, and similar activities. Wherever 
practicable, hay crops should be sold to the highest bidders with the 
purchaser performing all labor in connection with cutting and removal. 
Also, agricultural and/or grazing leases may be resorted to, if 
practicable, as other means of reducing the cost of grounds maintenance. 
Any such leases shall be subject to the provisions of Sec. 101-47.203-9 
or Sec. 101-47.312.
    (b) Only that portion of the road network necessary for firetruck 
and other minimum traffic should be maintained. The degree to which such 
roads are to be maintained should be only that necessary to permit safe 
passage at a reasonable speed.
    (c) Railroads should not be maintained except as might be required 
for protection and maintenance operations, or as required under the 
provisions of a lease or permit.
    (d) Ditches and other drainage facilities should be kept 
sufficiently clear to permit surface water to run off.
    (e) Fencing, or other physical barrier, should be kept in repair 
sufficiently to afford protection against unauthorized entry.
    5. Utilities. (a) At inactive properties, water systems, sewage 
disposal systems, electrical distribution systems, etc., should be 
maintained only to the extent necessary to provide the minimum services 
required. Buildings or areas not requiring electrical service or water 
should be deenergized electrically and the water valved off. Utilities 
not in use, or which are serving dismantled or abandoned structures, 
should not be maintained.
    (b) At active properties, water supply, electrical power, and sewage 
disposal facilities frequently must be operated at rates much below 
designed capacities. Engineering studies should determine the structural 
and operating changes necessary for maximum economy. Where leakage is 
found in water distribution lines, such lines may be valved off rather 
than repaired, unless necessary for fire protection or other purposes.
    (c) Where utilities are purchased by contract, such contracts should 
be reviewed to determine if costs can be reduced by revision of the 
contracts.
    6. Properties to be Disposed of as Salvage. No funds should be 
expended for maintenance on properties where the highest and best use 
has been determined to be salvage.
    D. Repairs. Repairs should be limited to those additions or changes 
that are necessary for the preservation and maintenance of the property 
to deter or prevent excessive, rapid, or dangerous deterioration or 
obsolescence and to restore property damaged by storm, flood, fire, 
accident, or earthquake only where it has been determined that 
restoration is required.
    E. Improvements. No costs should be incurred to increase the sales 
value of a property, and no costs should be incurred to make a property 
disposable without the prior approval of GSA. (See Sec. 101-47.401-5.)

[29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 1965]



Sec. 101-47.4914  Executive Order 12512.

    Note: The illustrations in Sec. 101-47.4914 are filed as part of the 
original document and do not appear in this volume.

[50 FR 194, Jan. 3, 1986]



PART 101-48--UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND FORFEITED PERSONAL PROPERTY--Table of Contents




Sec.
101-48.000  Scope of part.
101-48.001  Definitions.
101-48.001-1  Abandoned or other unclaimed property.
101-48.001-2  Distilled spirits.
101-48.001-3  Eleemosynary institution.
101-48.001-4  Firearms.
101-48.001-5  Forfeited property.
101-48.001-6  Malt beverages.
101-48.001-7  Property.
101-48.001-8  Voluntarily abandoned property.
101-48.001-9  Wine.
101-48.001-10  Drug paraphernalia.

[[Page 557]]

   Subpart 101-48.1--Utilization of Abandoned and Forfeited Personal 
                                Property

101-48.100  Scope of subpart.
101-48.101  Forfeited or voluntarily abandoned property.
101-48.101-1  Sources of property available for utilization.
101-48.101-2  Custody of property.
101-48.101-3  Cost of care and handling.
101-48.101-4  Retention by holding agency.
101-48.101-5  Property required to be reported.
101-48.101-6  Transfer to other Federal agencies.
101-48.101-7  Reimbursement and costs incident to transfer.
101-48.101-8  Billing.
101-48.101-9  Disposition of proceeds.
101-48.102  Abandoned or other unclaimed property.
101-48.102-1  Vesting of title in the United States.
101-48.102-2  Reporting.
101-48.102-3  Reimbursement.
101-48.102-4  Proceeds.

 Subpart 101-48.2--Donation of Abandoned and Forfeited Personal Property

101-48.200  Scope of subpart.
101-48.201  Donation of forfeited distilled spirits, wine, and malt 
          beverages.
101-48.201-1  General.
101-48.201-2  Establishment of eligibility.
101-48.201-3  Requests by institutions.
101-48.201-4  Filling requests.
101-48.201-5  Donation of lots not required to be reported.
101-48.201-6  Packing and shipping costs.
101-48.202  Donation of forfeited drug paraphernalia.

 Subpart 101-48.3--Disposal of Abandoned and Forfeited Personal Property

101-48.300  Scope of subpart.
101-48.301  General.
101-48.302  Distilled spirits, wine, and malt beverages.
101-48.303  Firearms.
101-48.304  Drug paraphernalia.
101-48.305  Property other than distilled spirits, wine, malt beverages, 
          firearms, and drug paraphernalia.
101-48.306  Disposition of proceeds from sale.
101-48.306-1  Abandoned or other unclaimed property.
101-48.306-2  Forfeited or voluntarily abandoned property.

Subparts 101-48.4--101-48.48 [Reserved]

                Subpart 101-48.49--Illustrations of Forms

101-48.4900  Scope of subpart.
101-48.4901  [Reserved]
101-48.4902  GSA forms.
101-48.4902-18  GSA Form 18, Application of Eleemosynary Institution.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 42 FR 55813, Oct. 19, 1977, unless otherwise noted.



Sec. 101-48.000  Scope of part.

    This part prescribes the policies and methods governing the 
utilization, donation, and disposal of abandoned and forfeited personal 
property under the custody or control of any Federal agency in the 
United States, the Commonwealth of Puerto Rico, American Samoa, Guam, 
the Trust Territory of the Pacific Islands, and the Virgin Islands. In 
addition to the requirements of this part 101-48, the disposition of 
abandoned and forfeited hazardous materials shall be accomplished in 
accordance with part 101-42.

[57 FR 39137, Aug. 28, 1992]



Sec. 101-48.001  Definitions.

    For the purposes of this part 101-48, the following terms shall have 
the meanings set forth in this section.



Sec. 101-48.001-1  Abandoned or other unclaimed property.

    Abandoned or other unclaimed property means personal property that 
is found on premises owned or leased by the Government and which is 
subject to the filing of a claim therefor by the former owner(s) within 
3 years from the vesting of title in the United States.



Sec. 101-48.001-2  Distilled spirits.

    Distilled spirits, as defined in the Federal Alcohol Administration 
Act (27 U.S.C. 211), as now in force or hereafter amended, means ethyl 
alcohol; hydrated oxide of ethyl; or spirits of wine, whiskey, rum, 
brandy, gin, and other distilled spirits, including all dilutions and 
mixtures thereof.



Sec. 101-48.001-3  Eleemosynary institution.

    Eleemosynary institution means a nonprofit institution organized and 
operated for charitable purposes whose net income does not inure in 
whole or in part to the benefit of shareholders or

[[Page 558]]

individuals and which shall have filed with the GSA National Capital 
Region a satisfactory statement establishing such status.

[56 FR 40260, Aug. 14. 1991]



Sec. 101-48.001-4  Firearms.

    Firearms, as defined in 18 U.S.C. 921, as now in force or hereafter 
amended, means any weapon (including a starter gun) which will, or is 
designed to, or may readily be converted to expel a projectile by the 
action of an explosive; the frame or receiver of any such weapon or any 
firearm muffler or firearm silencer; or any destructive device. This 
term does not include an antique firearm.



Sec. 101-48.001-5  Forfeited property.

    Forfeited property means personal property acquired by a Federal 
agency either by summary process or by order of a court of competent 
jurisdiction pursuant to any law of the United States.



Sec. 101-48.001-6  Malt beverages.

    Malt beverages, as defined in the Federal Alcohol Administration Act 
(27 U.S.C. 211), as now in force or hereafter amended, means beverages 
made by the alcoholic fermentation of an infusion or decoction, or 
combination of both, in potable brewing water, of malted barley with 
hops or their parts or products and with or without other malted 
cereals; and with or without the addition of unmalted or prepared 
cereals, other carbohydrates, or products prepared therefrom; and with 
or without the addition of carbon dioxide; and with or without other 
wholesome products suitable for human food consumption.



Sec. 101-48.001-7  Property.

    Property means all personal property, including but not limited to 
vessels, vehicles, aircraft, distilled spirits, wine, and malt 
beverages.



Sec. 101-48.001-8  Voluntarily abandoned property.

    Voluntarily abandoned property means personal property abandoned to 
a Federal agency in such a manner as to vest title thereto in the United 
States.



Sec. 101-48.001-9  Wine.

    Wine means any of the wines defined in sections 5381 and 5385 of the 
Internal Revenue Code of 1954 (26 U.S.C. 5381, 5385), as now in force or 
hereafter amended, and other alcoholic beverages not so defined, but 
made in the manner of wine, including sparkling and carbonated wine; 
wine made from condensed grape must; wine made from agricultural 
products other than the juice of sound, ripe grapes; imitation wine; 
compounds sold as wine; vermouth; cider; perry; and sake. The alcoholic 
content of these beverages shall not contain less than 7 percent nor 
more than 24 percent of alcohol by volume and shall not be for 
industrial use.



Sec. 101-48.001-10  Drug paraphernalia.

    Drug paraphernalia means any equipment, product, or material of any 
kind which is primarily intended or designed for use in manufacturing, 
compounding, converting, concealing, producing, processing, preparing, 
injecting, ingesting, inhaling, or otherwise introducing into the human 
body a controlled substance in violation of the Controlled Substances 
Act (title II of Pub. L. 91-513). It includes items primarily intended 
or designed for use in ingesting, inhaling, or otherwise introducing 
marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the 
human body, such as:
    (1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes 
with or without screens, permanent screens, hashish heads, or punctured 
metal bowls;
    (2) Water pipes;
    (3) Carburetion tubes and devices;
    (4) Smoking and carburetion masks;
    (5) Roach clips: Meaning objects used to hold burning material, such 
as a marijuana cigarette, that has become too small or too short to be 
held in the hand;
    (6) Miniature spoons with level capacities of one-tenth cubic 
centimeter or less;
    (7) Chamber pipes;
    (8) Carburetor pipes;
    (9) Electric pipes;
    (10) Air-driven pipes;
    (11) Chillums;
    (12) Bongs;

[[Page 559]]

    (13) Ice pipes or chillers;
    (14) Wired cigarette papers; or
    (15) Cocaine freebase kits.

[56 FR 40260, Aug. 14, 1991]



   Subpart 101-48.1--Utilization of Abandoned and Forfeited Personal 
                                Property



Sec. 101-48.100  Scope of subpart.

    This subpart 101-48.1 prescribes the policies and methods for 
utilization and transfer within the Government of forfeited or 
voluntarily abandoned personal property subject to the provisions of 40 
U.S.C. 304f through m, and abandoned and other unclaimed property found 
on premises owned or leased by the Government subject to the provisions 
of 40 U.S.C. 484(m), which may come into the custody or control of any 
Federal agency in the United States, the Commonwealth of Puerto Rico, 
American Samoa, Guam, and Trust Territory of the Pacific Islands, or the 
Virgin Islands. Property in this category located elsewhere shall be 
utilized and transferred in accordance with the regulations of the 
agency having custody thereof. This subpart also governs seized and 
forfeited drug paraphernalia under the provisions of 21 U.S.C. 857(c).

[56 FR 40260, Aug. 14, 1991]



Sec. 101-48.101  Forfeited or voluntarily abandoned property.

    Forfeited or voluntarily abandoned property, subject to the 
provisions of 40 U.S.C. 304(f) through m, except as otherwise indicated 
in this subpart 101-48.1, shall be reported and handled in the same 
manner as excess property under subpart 101-43.3.



Sec. 101-48.101-1  Sources of property available for utilization.

    Property available for utilization under Sec. 101-48.101 is property 
which is in the custody or under the control of any agency of the U.S. 
Government, as a result of forfeiture or voluntary abandonment.



Sec. 101-48.101-2  Custody of property.

    (a) GSA generally will not take possession of property that is 
forfeited or voluntarily abandoned. Such property shall remain in the 
custody of and be the responsibility of the holding agency.
    (b) GSA will direct the disposition of forfeited firearms that are 
subject to the disposal provisions of 26 U.S.C. 5872(b). GSA authorizes 
the retention of any such firearm by the Secretary of the Treasury or 
his delegate for official use.
    (c) GSA will direct the disposition of distilled spirits, wine, and 
malt beverages that are forfeited other than by court decree or by order 
of a court:
    (1) By transfer to Government agencies which have a need for such 
beverages for medicinal, scientific, or mechanical purposes, or for any 
other purpose for which appropriated funds may be expended by a 
Government agency;
    (2) By donation to eleemosynary institutions (as defined in 
Sec. 101-48.001-3) which have a need for such beverages for medicinal 
purposes; or
    (3) By destruction.
    (d) GSA will direct the disposition of forfeited drug paraphernalia 
that is subject to the disposal provisions of 21 U.S.C. 857(c) by 
ordering such paraphernalia destroyed or by authorizing its use for law 
enforcement or educational purposes by Federal, State, or local 
authorities.

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40260, Aug. 14, 1991]



Sec. 101-48.101-3  Cost of care and handling.

    Each holding agency shall be responsible for performing care and 
handling of forfeited or voluntarily abandoned personal property pending 
disposition.



Sec. 101-48.101-4  Retention by holding agency.

    (a) Subject to the limitations on certain types of passenger 
vehicles (see Sec. 101-43.307-9), a Federal agency may retain and devote 
to official use any property in its custody that is forfeited other than 
by court decree or determined by the agency to be voluntarily abandoned. 
Large sedans and limousines may be retained by an agency and devoted to 
official use only if such retention is clearly authorized by the 
provisions of subpart 101-38.1.
    (b) A holding agency, when reporting property pursuant to Sec. 101-
48.101-5,

[[Page 560]]

which is subject to pending court proceedings for forfeiture, may at the 
same time file a request for that property for its official use. A 
request for only components or accessories of a complete and operable 
item shall contain a detailed justification concerning the need for the 
components or accessories and an explanation of the effect their removal 
will have on the item. Upon receipt of a request, GSA will make 
application to the court requesting delivery of the property to the 
holding agency, provided that, when a holding agency has requested only 
components or accessories of a complete and operable item, GSA 
determines that their removal from the item is in the best interest of 
the Government.
    (c) Except where otherwise specifically provided, any property that 
is retained by a Federal agency for official use under this subpart 101-
48.1 shall thereupon lose its identity as forfeited or voluntarily 
abandoned property. When such property is no longer required for 
official use, it shall be reported as excess in accordance with 
Sec. 101-43.304.

(Sec. 307, 49 Stat. 880; 40 U.S.C. 304l)

[42 FR 55813, Oct. 19, 1977, as amended at 44 FR 42202, July 19, 1979; 
56 FR 40260, Aug. 14, 1991]



Sec. 101-48.101-5  Property required to be reported.

    (a) A Federal agency shall promptly report, in accordance with 
Sec. 101-43.304, property in its custody that is forfeited other than by 
court decree or voluntarily abandoned and not desired for retention by 
that agency for its official use and property on which proceedings for 
forfeiture by court decree are being started or have begun, except that:
    (1) Reports shall be submitted to the GSA National Capital Region 
(mailing address: General Services Administration (3FBP-W), Washington, 
DC 20407) in lieu of being submitted to the GSA regional office for the 
region in which the property is located.
    (2) The reporting agency's internal documents containing information 
relevant to the property may be used in lieu of the Standard Form 120, 
Report of Excess Personal Property; and
    (3) Distilled spirits, wine and malt beverages fit for human 
consumption in quantities of 5 wine gallons or more shall be reported 
regardless of acquisition cost.
    (b) The following information shall be furnished:
    (1) Whether property was:
    (i) Abandoned;
    (ii) Forfeited other than by court decree; or
    (iii) The subject of a court proceeding and, if so, the name of the 
defendant and the place and judicial district of the court from which 
the decree has been or will be issued;
    (2) Existence or probability of a lien or claim of lien, or other 
accrued or accruing charges, and the amount involved; and
    (3) If the property is distilled spirits, wine, or malt beverages: 
Quantities and kinds (rye or bourbon or other whiskey and its brand, if 
any; sparkling or still wine and its color or brand; cordial, brandy, 
gin, etc.), proof rating, and condition for shipping.
    (c) In addition to the exceptions and special handling described in 
Secs. 101-43.305 and 101-43.307, the following forfeited or voluntarily 
abandoned property need not be reported:
    (1) Forfeited arms or munitions of war which are handled pursuant to 
22 U.S.C. 401;
    (2) Forfeited firearms which are transferable by the holding agency 
to the Secretary of Defense;
    (3) Abandoned, condemned, or forfeited tobacco, snuff, cigars, or 
cigarettes which the holding agency estimates will not, if offered for 
sale by competitive bid, bring a price equal to the internal revenue tax 
due and payable thereon; and which is subject to destruction or delivery 
without payment of any tax to any hospital maintained by the United 
States for the use of present or former members of the military or naval 
forces of the United States;
    (4) Forfeited distilled spirits (including alcohol), wine and malt 
beverages not fit for human consumption nor for medicinal, scientific, 
or mechanical purposes. (Domestic forfeited distilled spirits, wine, and 
malt beverages which were not produced at a registered distillery, 
winery, or brewery or which are

[[Page 561]]

in containers that have been opened or entered shall be regarded as not 
fit for human consumption. (See Sec. 101-48.302 for disposition.));
    (5) Distilled spirits, wine, and malt beverages in any one seizure 
of less than 5 wine gallons (see Secs. 101-48.201-5 and 101-48.302 for 
disposition);
    (6) Effects of deserters from the Coast Guard or the military 
services, or of deceased persons of the Coast Guard or the military 
services, or of deceased inmates of naval or soldiers' homes or 
Government hospitals;
    (7) Seeds, plants, or misbranded packages seized by the Department 
of Agriculture pursuant to authorities provided by law;
    (8) Game and equipment (other than vessels, including cargo) seized 
by the Department of the Interior pursuant to authorities provided by 
law;
    (9) Files of papers, all dead and undeliverable mail matter, and 
nonmailable matter in the custody of the Postmaster General;
    (10) Infringing articles in the custody of the Patent Office, 
Department of Commerce;
    (11) Unclaimed and abandoned personal property subject to applicable 
customs laws and regulations;
    (12) Collection seizures to satisfy tax liens and property acquired 
by the United States in payment of or as security for debts arising 
under the internal revenue laws;
    (13) Property, the vesting and disposition of which is controlled by 
the provisions of 38 U.S.C. 5201 (et seq.), Disposition of deceased 
veterans' personal property; and
    (14) Motor vehicles which are 4 or more years old.
    (d) The general rule for reporting specified in this Sec. 101-
48.101-5 is modified with respect to the following:
    (1) Controlled substances (as defined in Sec. 101-43.001-3), 
regardless of quantity, condition, or acquisition cost, shall be 
reported to the Drug Enforcement Administration, Department of Justice, 
Washington, DC 20537;
    (2) Forfeited firearms not desired for retention by the seizing 
agency, except those covered by paragraphs (c) (1) and (2) of this 
section, shall be reported provided such firearms are in excellent 
serviceable condition and known to be used for law enforcement or 
security purposes or are sufficiently unusual to be of interest to a 
Federal museum. Forfeited firearms not reportable in accordance with the 
foregoing criteria shall be destroyed and disposed of pursuant to 
Sec. 101-48.303;
    (3) Property forfeited other than by court decree which is suitable 
for human consumption or which may be used in the preparation of food 
may be immediately transferred by the agency having custody to the 
nearest Federal agency known to be a user of such property, without 
specific authorization from GSA;
    (4) Vessels of 1,500 gross tons or more which the Maritime 
Administration determines to be merchant vessels or capable of 
conversion to merchant use shall be reported to the Maritime 
Administration;
    (5) Property seized by one Federal agency but adopted by another for 
prosecution under laws enforced by the adopting Federal agency shall be 
reported by the adopting agency to the extent and in the manner required 
by this subpart 101-48.1;
    (6) Lost, abandoned, or unclaimed personal property controlled by 
the provisions of 10 U.S.C. 2575 shall be disposed of as provided by 10 
U.S.C. 2575 and regulations issued thereunder by appropriate authority; 
and
    (7) Drug paraphernalia seized and forfeited under the provisions of 
21 U.S.C. 857, which is not retained for official use by the seizing 
agency or transferred to another Federal agency under seizing agency 
authorities, or such drug paraphernalia retained for official use but no 
longer required by the agency, shall be reported on Standard Form 120 to 
the General Services Administration, Property Management Division (FBP), 
Washington, DC 20406.
    (e) Property not required to be reported pursuant to this Sec. 101-
48.101-5 and not excepted or modified with respect to reporting pursuant 
to this Sec. 101-48.101-5 shall be handled as set forth in Sec. 101-
43.305.

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40260, Aug. 14, 1991]

[[Page 562]]



Sec. 101-48.101-6  Transfer to other Federal agencies.

    (a) Normally, the transfer of forfeited or voluntarily abandoned 
personal property shall be accomplished by submitting for approval a 
Standard Form 122, Transfer Order Excess Personal Property (see 
Sec. 101-43.4901-122), or any other transfer order form approved by GSA, 
to the General Services Administration (3FBP-W), Washington, DC 20407, 
for approval.
    (b) Except for property which is subject to court action, the 
transfer order shall indicate the agency having custody of the property, 
the location of the property, the report or case number on which the 
property is listed, the property required, and the fair value, if 
applicable.
    (c) Property subject to court action may be requested by submitting 
a transfer order or a letter setting forth the need for the property by 
the agency. If proceedings for the forfeiture of the property by court 
decree are being started or have begun, application will be made by GSA 
to the court, prior to entry of a decree, for an order requiring 
delivery of the property to an appropriate recipient for its official 
use.
    (d) Transfers of forfeited or voluntarily abandoned distilled 
spirits, wine, and malt beverages shall be limited to those for 
medicinal, scientific, or mechanical purposes or for any other official 
purposes for which appropriated funds may be expended by a government 
agency. Transfer orders shall be signed by the head of the requesting 
agency or a designee. Where officials are designed to sign, the General 
Services Administration (3FBP-W), Washington, DC 20407, shall be advised 
of designees by letter signed by the head of the agency concerned. No 
transfer order will be acted upon unless it is signed as provided 
herein.
    (e) Transfer orders requesting the transfer of forfeited or 
voluntarily abandoned firearms shall set forth the need for the property 
by the requesting agency.
    (f) Transfer orders requesting the transfer of reportable forfeited 
drug paraphernalia shall be submitted to the General Services 
Administration, Property management Division (FBP), Washington, DC 
20406, for approval. Transfers will not be approved unless the Standard 
Form 122 or other transfer document contains a certification that the 
paraphernalia will be used for law enforcement or educational purposes 
only.
    (g) Any property transferred for official use under this subpart 
101-48.1, with the exception of drug paraphernalia, shall thereupon lose 
its identify as forfeited or voluntarily abandoned property. When no 
longer required for official use, it shall be reported as excess in 
accordance with Sec. 101-43.304. Drug paraphernalia shall not lose its 
identity as forfeited property. When no longer required for official 
use, it shall be reported in accordance with Sec. 101-48.101-5(d)(7).

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14, 1991]



Sec. 101-48.101-7  Reimbursement and costs incident to transfer.

    (a) Reimbursement upon transfer of personal property forfeited or 
voluntarily abandoned other than by court decree shall be in accordance 
with Sec. 101-43.309-3.
    (b) Reimbursement for judicially forfeited property shall be in 
accordance with provisions of the court decree.
    (c) Commercial charges incurred at the time of and subsequent to 
forfeiture or voluntary abandonment but prior to transfer shall be borne 
by the transferee agency when billed by the commercial organization.
    (d) The direct costs incurred by the holding agency prior to the 
transfer of forfeited or voluntarly abandoned property shall be borne by 
the transferee agency when billed by the holding agency. Overhead or 
administrative costs or charges shall not be included. Only costs set 
forth in 40 U.S.C. 304j, such as storage, packing, preparation for 
shipment, loading, and transportation shall be recovered by the holding 
agency.

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14, 1991]



Sec. 101-48.101-8  Billing.

    (a) Each holding agency shall be responsible for billing and 
collecting the costs of care and handling, as well as the fair value of 
property transferred

[[Page 563]]

to other agencies, when such reimbursement is required in accordance 
with Sec. 101-43.309-3.
    (b) Commercial organizations accruing charges prior to transfer 
shall be responsible for billing and collecting these charges from the 
transferee agency.

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14, 1991]



Sec. 101-48.101-9  Disposition of proceeds.

    Where reimbursement for fair value is to be made in accordance with 
Sec. 101-43.309-3, the fair value proceeds shall be deposited in the 
Treasury to miscellaneous receipts or in the appropriate agency account 
by the transferor agency.

[56 FR 40261, Aug. 14, 1991]



Sec. 101-48.102  Abandoned or other unclaimed property.



Sec. 101-48.102-1  Vesting of title in the United States.

    Abandoned or other unclaimed property, subject to the provisions of 
section 203(m) of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 484(m)), shall remain in the custody of 
and be the responsibility of the agency finding such property. The 
property shall be held for a period of 30 days from the date of finding 
such property. Upon expiration of this 30-day period, title to such 
property vests in the United States, except that title reverts to the 
owner where a proper claim is filed by the owner prior to official use 
or transfer for official use and, if there is no official use or 
transfer for official use, prior to sale of the property.



Sec. 101-48.102-2  Reporting.

    (a) Abandoned or other unclaimed property not utilized by the 
holding agency shall be reported and handled in the same manner as 
excess property under subpart 101-43.3, except as provided in Sec. 101-
48.102-2(b).
    (b) Abandoned for other unclaimed property which, by the provisions 
of Sec. 101-43.304, is not required to be reported and which is not 
otherwise transferred pursuant to subpart 101-43.3, shall be subject to 
the provisions of subpart 101-48.3.

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14, 1991]



Sec. 101-48.102-3  Reimbursement.

    Reimbursement of fair market value, as determined by the head of the 
finding or transferor agency, shall be required in connection with 
official use by the finding agency or transfer for official use of 
abandoned or other unclaimed property. Fair market value as used herein 
does not mean fair value as determined under Sec. 101-43.309-3.

[56 FR 40261, Aug. 14, 1991]



Sec. 101-48.102-4  Proceeds.

    Reimbursement for official use by the finding agency or transfer for 
official use of abandoned or other unclaimed property shall be deposited 
in a special fund by the finding or transferor agency for a period of at 
least 3 years. A former owner may be reimbursed from the special fund, 
based upon a proper claim made to the finding or transferor agency and 
filed within 3 years from the date of vesting of title in the United 
States. Such reimbursement shall not exceed fair market value at the 
time title was vested in the United States, less the costs incident to 
the care and handling of such property as determined by the head of the 
agency concerned.



 Subpart 101-48.2--Donation of Abandoned and Forfeited Personal Property



Sec. 101-48.200  Scope of subpart.

    This subpart 101-48.2 prescribes the policies and methods governing 
the donation by Federal agencies of abandoned and forfeited property in 
their custody or control in the United States, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific 
Islands, or the Virgin Islands.

[[Page 564]]



Sec. 101-48.201  Donation of forfeited distilled spirits, wine, and malt beverages.



Sec. 101-48.201-1  General.

    Forfeited distilled spirits, wine, and malt beverages for which 
there is no Federal utilization shall be made available to appropriate 
eleemosynary institutions prior to other disposition.



Sec. 101-48.201-2  Establishment of eligibility.

    Eleemosynary institutions desiring to obtain available distilled 
spirits, wine, and malt beverages shall submit GSA Form 18, Application 
of Eleemosynary Institution (see Sec. 101-48.4902-18), to the General 
Services Administration (3FBP-W), Washington, DC 20407. The Office of 
Management and Budget Approval Number 3090-0001 has been assigned to 
this form.

[56 FR 40261, Aug. 14, 1991]



Sec. 101-48.201-3  Requests by institutions.

    Eligible institutions desiring to obtain available distilled 
spirits, wine, and malt beverages shall show on the GSA Form 18, 
Application of Eleemosynary Institution, the kind and quantity desired. 
The GSA National Capital Region will inform the eligible institution 
when these alcoholic beverages become available, request confirmation 
that the institution's requirement is current, and inform the 
institution that shipment will be initiated upon this confirmation.

[56 FR 40261, Aug. 14, 1991]



Sec. 101-48.201-4  Filling requests.

    The GSA National Capital Region will authorize the seizing agency to 
fill such requests as the region may determine proper to ensure 
equitable distribution among requesting institutions.

[56 FR 40262, Aug. 14, 1991]



Sec. 101-48.201-5  Donation of lots not required to be reported.

    Forfeited distilled spirits, wine, and malt beverages not required 
to be reported under Sec. 101-48.101-5 may be donated to eleemosynary 
institutions known to be eligible therefor if the beverages are 
determined by the seizing agency to be suitable for human consumption. 
The holding agency shall promptly report these donations by letter to 
the General Services Administration (3FBP-W), Washington, DC 20407. This 
report shall state the quantity and type donated, the name and address 
of the donee institution, and date of the donation.

[56 FR 40262, Aug. 14, 1991]



Sec. 101-48.201-6  Packing and shipping costs.

    The receiving institution shall pay all costs of packing, shipping, 
and transportation.



Sec. 101-48.202  Donation of forfeited drug paraphernalia.

    (a) Forfeited drug paraphernalia for which there is no Federal 
utilization may be made available through State agencies, at the 
discretion of GSA, to State and local governments for law enforcement or 
educational purposes only. Donations will be made in accordance with 
part 101-44, except as otherwise provided in this subpart 101-48.2.
    (b) All transfers of drug paraphernalia to the State agencies for 
donation to State and local governments shall be accomplished by use of 
SF 123, Transfer Order Surplus Personal Property (see Sec. 101-44.4901-
123). The SF 123 shall be accompanied by a letter of justification, 
signed and dated by the authorized representative of the proposed donee, 
setting forth a detailed plan of utilization for the property and 
certifying that the donee will comply with all Federal State, and local 
laws, regulations, ordinances, and requirements governing use of the 
property. The SF 123, with the letter of justification, shall be 
submitted for approval to the General Services Administration, Property 
Management Division (FBP), Washington, DC 20406.
    (c) A State agency shall not pick up or store drug paraphernalia in 
its distribution centers. This property shall be released from the 
holding agency directly to the designated donee.

[56 FR 40262, Aug. 14, 1991]

[[Page 565]]



 Subpart 101-48.3--Disposal of Abandoned and Forfeited Personal Property



Sec. 101-48.300  Scope of subpart.

    This subpart 101-48.3 prescribes the policies and methods governing 
the disposal of abandoned or other unclaimed, voluntarily abandoned, or 
forfeited personal property which may come into the custody or control 
of any Federal agency in the United States, the Commonwealth of Puerto 
Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, 
or the Virgin Islands. Property in this category located elsewhere shall 
be disposed of under the regulations of the agency having custody 
thereof.



Sec. 101-48.301  General.

    Any property in the custody of a Federal agency which is not desired 
for retention by that agency nor utilized within any Federal agency in 
accordance with subpart 101-48.1 nor donated in accordance with subpart 
101-48.2 shall be disposed of in accordance with the provisions of this 
subpart 101-48.3



Sec. 101-48.302  Distilled spirits, wine, and malt beverages.

    (a) Distilled spirits, wine, and malt beverages (as defined in 
Sec. 101-48.001) which are not required to be reported under Sec. 101-
48.101-5(c)(4) shall be destroyed as prescribed in Sec. 101-48.302(b); 
distilled spirits, wine, and malt beverages which are not required to be 
reported under Sec. 101-48.101-5(c)(5) and which have not been donated 
as prescribed in subpart 101-48.2 shall be destroyed in like manner.
    (b) When reportable abandoned or forfeited distilled spirits, wine, 
and malt beverages are not retained by the holding agency, transferred 
to another agency, or donated to an eligible eleemosynary institution by 
GSA, the GSA National Capital Region will issue clearance to the agency 
which submitted the report as prescribed by Sec. 101-48.101-5 for 
destruction of the distilled spirits, wine, and malt beverages. A record 
of the destruction showing time, place, and nomenclature and quantities 
destroyed shall be filed with papers and documents relating to the 
abandonment or forfeiture.

[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40262, Aug. 14, 1991]



Sec. 101-48.303  Firearms.

    Abandoned or forfeited firearms or voluntarily abandoned firearms 
shall not be sold as firearms. They may be disposed of by sale as scrap 
in the manner prescribed in Sec. 101-45.309-4.



Sec. 101-48.304  Drug paraphernalia.

    (a) When forfeited drug paraphernalia is neither utilized within any 
Federal agency in accordance with subpart 101-48.1 nor donated in 
accordance with subpart 101-48.2, GSA will issue clearance to the 
reporting agency to destroy the items. The destruction shall be 
performed by an employee of the holding agency in the presence of two 
additional employees of the agency as witnesses to the destruction. A 
statement of certification describing the fact, manner, date, type, and 
quantity destroyed shall be certified to by the agency employee charged 
with the responsibility for that destruction. The two agency employees 
who witnessed the destruction shall sign the following statement which 
shall appear on the certification below the signature of the certifying 
employee:

    ``I have witnessed the destruction of the (list the drug 
paraphernalia) described in the foregoing certification in the manner 
and on the date stated herein:''

_______________________________________________________________________
Witness        Date
_______________________________________________________________________
Witness        Date

    (b) The signed certification and statement of destruction shall be 
made a matter of record and shall be retained in the case files of the 
holding agency.

[56 FR 40262, Aug. 14, 1991]



Sec. 101-48.305  Property other than distilled spirits, wine, malt beverages, firearms, and drug paraphernalia.

    (a) Property forfeited other than by court decree or voluntarily 
abandoned, except distilled spirts, wine, malt beverages, firearms, and 
drug paraphernalia, which is not returned to a claimant, retained by the 
agency of

[[Page 566]]

custody, or transferred in accordance with subpart 101-48.1 may be 
released to the holding agency by the GSA National Capital Region for 
public sale, except as otherwise provided by law.
    (b) Abandoned or other unclaimed property which is not retained by 
the holding agency, not transferred to another agency, or not required 
to be reported by the provisions of Sec. 101-48.102, may be reported for 
sale to the appropriate selling activity at any time after title vests 
in the United States as provided in Sec. 101-48.102-1.
    (c) Voluntarily abandoned, abandoned, or other unclaimed property 
and, in the absence of specific direction by a court, forfeited 
property, normally shall be sold by competitive bid as prescribed in 
Sec. 101-45.304-1, subject to the same terms and conditions as would be 
applicable to the sale of surplus personal property. Voluntarily 
abandoned, abandoned, or other unclaimed property and forfeited property 
may be sold also by negotiation at the discretion of the selling agency 
but only under the circumstances set forth in Sec. 101-45.304-2. Such 
property shall be identified by the holding agency as abandoned or other 
unclaimed, voluntarily abandoned, or forfeited property, and shall be 
reported for sale to the appropriate GSA regional office or to such 
other agency as otherwise is responsible for selling its surplus 
personal property unless specifically required by law to be sold by the 
holding agency.

[56 FR 40262, Aug. 14, 1991]



Sec. 101-48.306  Disposition of proceeds from sale.



Sec. 101-48.306-1  Abandoned or other unclaimed property.

    (a) Proceeds from sale of abandoned or other unclaimed property 
shall be deposited in a special fund by the finding agency for a period 
of 3 years. A former owner may be reimbursed for abandoned or other 
unclaimed property which had been disposed of in accordance with the 
provisions of this subpart 101-48.3 upon filing a proper claim with the 
finding agency within 3 years from the date of vesting of title in the 
United States. Such reimbursement shall not exceed the proceeds realized 
from the disposal of such property less disposal costs and costs of the 
care and handling of such property as determined by the head of the 
agency concerned.
    (b) Records of abandoned or other unclaimed property shall be 
maintained in such a manner as to permit identification of the property 
with the original owner, if known, when such property is offered for 
sale. Records of proceeds received from the sale of abandoned or other 
unclaimed property shall be maintained as part of the permanent file and 
record of sale until the 3-year period for filing claims has elapsed.

[56 FR 40262, Aug. 14, 1991]



Sec. 101-48.306-2  Forfeited or voluntarily abandoned property.

    Proceeds from sale of property which has been forfeited other than 
by court decree, by court decree, or which has been voluntarily 
abandoned, shall be deposited in the Treasury of the United States as 
miscellaneous receipts or in such other agency accounts as provided by 
law or regulations.

[56 FR 40262, Aug. 14, 1991]

Subparts 101-48.4--101-48.48 [Reserved]



                Subpart 101-48.49--Illustrations of Forms



Sec. 101-48.4900  Scope of subpart.

    This subpart illustrates forms prescribed for use in connection with 
subject matter covered in this part 101-48.



Sec. 101-48.4901  [Reserved]



Sec. 101-48.4902  GSA forms.

    (a) GSA Form 18, Application of Eleemosynary Institution, is 
illustrated in this Sec. 101-8.4902 to show the text, format, and 
arrangement of the form and to provide a ready source of reference.
    (b) Copies of the GSA Form 18 may be obtained from the General 
Services Administration (WDP), Washington, DC 20407.

[42 FR 55813, Oct. 19, 1977, as amended at 46 FR 39593, Aug. 4, 1981]

[[Page 567]]



Sec. 101-48.4902-18  GSA Form 18, Application of Eleemosynary Institution.

    Note: The form illustrated at Sec. 101-48.4902-18 is filed with the 
original document.



PART 101-49--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS--Table of Contents




    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 515, 
91 Stat. 862 (5 U.S.C. 7342).

    Source: 65 FR 45539, July 24, 2000, unless otherwise noted.



Sec. 101-49.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on utilization, donation, and disposal of foreign 
gifts and decorations previously contained in this part, see FMR part 42 
(41 CFR part 102-42).
             Appendix to Subchapter H--Temporary Regulations

[Editorial Note: The following is a list of temporary regulations, except delegations of authority, which relate
 to Federal property management and are in effect as of the revision date of this volume. The full text of these
                              temporary regulations appears following this table.]
----------------------------------------------------------------------------------------------------------------
           FPMR Temp. Reg.                     Subject                  Expires               FR Publication
----------------------------------------------------------------------------------------------------------------
H-29.................................  Criteria for reporting   July 31, 2000..........  62 FR 2022, Jan. 15,
                                        excess personal                                   1997; 62 FR 68217,
                                        property.                                         Dec. 31, 1997; 64 FR
                                                                                          1139, Jan. 8, 1999; 64
                                                                                          FR 72570, Dec. 28,
                                                                                          1999
H-30.................................  Donation of Federal      Feb. 21, 2000..........  63 FR 8352, Feb. 19,
                                        surplus personal                                  1998
                                        property to nonprofit
                                        providers of
                                        assistance to
                                        impoverished families
                                        and individuals.
----------------------------------------------------------------------------------------------------------------

    Federal Property Management Regulations Temporary Regulation H-29

To: Heads of Federal agencies
Subject: Criteria for reporting excess personal property
    1. Purpose. This regulation establishes revised criteria for 
reporting excess personal property to GSA, reduces utilization screening 
time, raises the dollar threshold for direct transfers, and updates 
addresses associated with reporting excess personal property.
    2. Effective date. This regulation is effective January 15, 1997.
    3. Expiration date. This regulation expires January 15, 1998.
    4. Applicability. This regulation applies to all executive agencies.
    5. Background.
    a. Certain excess property is reportable to GSA by executive 
agencies for the purpose of maximizing opportunities for utilization. 
Property which is reported to GSA is afforded regional and nationwide 
visibility by inclusion in GSA's automated property disposal system--the 
Federal Disposal System (FEDS). Once an item is in the FEDS nationwide 
inventory of excess and surplus property, agencies can determine the 
availability of property by phoning the supporting GSA regional office, 
obtaining a copy of the FEDS inventory listing, or by accessing an 
electronic bulletin board within FEDS containing the nationwide 
inventory--Screen by Computer and Request Excess by Electronic 
Notification (SCREEN)
    b. GSA's major personal property management customers have requested 
relief from reporting requirements by reducing the number of items of 
excess property to be reported. GSA is granting these requests provided 
such reductions do not result in an appreciable decline in overall 
transfer volumes of excess personal property. GSA conducted a study to 
assess the potential impact of reduced reporting requirements. The 
analysis showed that over 70 percent of the dollar value of property 
transferred represented Federal supply classification (FSC) groups which 
would continue to be reported to GSA as excess under the new reporting 
requirements.
    c. Changes to the reporting criteria will be reexamined after an 
implementation period of 1 year to determine their net effect on overall 
business volumes. A significant decline in the utilization rate (dollar 
value of property transfers divided by dollar value of property 
generations) would be sufficient justification for modifying or 
rescinding the regulation.
    d. GSA provided approval to the Department of Defense on July 20, 
1994, to implement throughout its nationwide network of Defense 
Reutilization and Marketing Offices (DRMO's) a streamlined disposal 
concept known as single cycle processing. Under this concept, 
utilization screening time of excess

[[Page 568]]

property reported to GSA is reduced from 60 to 21 calendar days. Federal 
respondents to a follow-up customer survey indicated that 21 calendar 
days is sufficient time for screening Department of Defense excess 
property. A study group consisting of GSA and Federal and State 
representatives recommended that reduced screening time also be applied 
to civilian agency excess property.
    6. Definitions. For purposes of this regulation, the following 
definitions apply:
    a. ``Reportable property'' means personal property that is required 
to be reported to GSA in accordance with FPMR 101-43.304 prior to 
disposal.
    b. ``Nonreportable property'' means any personal property that does 
not meet the reporting criteria set forth in FPMR 101-43.304, and 
therefore is not required to be reported formally to GSA, but which is 
available locally for Federal transfer or donation.
    7. Explanation of changes.
    a. Section 101-42.205 is amended by removing paragraph (b) and 
redesignating paragraph (c) as paragraph (b) and revising it to read as 
follows:
Sec. 101-42.205  Exceptions to reporting.

    (a) * * *
    (b) When EPA, under its authorities, transfers accountability for 
hazardous materials to Federal, State, and local agencies, to research 
institutions, or to commercial businesses to conduct research or to 
perform the actual cleanup of a contaminated site, the item shall not be 
reported.
    b. Section 101-42.402 is amended by revising paragraphs (a), (b), 
and (c) and adding paragraph (d) to read as follows:
Sec. 101-42.402  Reporting hazardous materials for sale. 

                                * * * * *

    (a) Reportable property. Personal property which is reportable 
property and is identified as hazardous must be reported to a GSA 
regional office for utilization screening in accordance with Sec. 101-
42.204. If, after reporting to GSA, the hazardous materials are not 
transferred or donated, in accordance with subparts 101-42.2 through 
101-42.3 and 101-42.11, the hazardous materials will be programmed for 
sale by GSA, unless advised otherwise by the holding agency in 
accordance with part 101-45, without further documentation from the 
holding agency.
    (b) Nonreportable property. Under Sec. 101-42.202, holding agencies 
are required to identify and label hazardous materials. Listings of 
personal property which is nonreportable property and is identified as 
hazardous must be made available to GSA area utilization officers for 
local utilization and donation screening in accordance with Sec. 101-
42.204 and Sec. 101-42.205. If property has not been reported and is to 
be sold by GSA, it must be reported to GSA for sale on Standard Form 
126, Report of Personal Property for Sale, or by automated means which 
GSA is capable of accepting.
    (c) Certification and Description. The SF 126 shall contain a 
certification, executed by a duly authorized agency official, in block 
16c or as an addendum, that the item has been clearly labeled and 
packaged as required in Sec. 101-42.202(e) and 101-42.204. The SF 126 
shall also contain or be accompanied by a full description of the actual 
or potential hazard associated with handling, storage, or use of the 
item. Such description shall be furnished by providing:
    (1) An MSDS or copy thereof; or
    (2) A printed copy of the record, corresponding to the hazardous 
material being reported, from the automated HMIS; or
    (3) A written narrative, included in either block 16c or as an 
addendum, which complies with the requirements of 29 CFR 1910.1200.
    (d) Property not subject to GSA screening. Hazardous material which 
may not be reported to GSA in accordance with Sec. 101-42.204 and 
Sec. 101-42.205 shall not be reported to GSA for sale unless GSA agrees 
to conduct such sale.
    c. Section 101-43.001-30 is revised to read as follows:
Sec. 101-43.001-30  Screening period.

    Screening period means:
    (a) For reportable personal property of a civilian agency, the 
screening period is normally a period of 21 calendar days from the day 
following receipt of the automated report in FEDS or receipt of the 
manually completed report in the appropriate GSA office to and including 
the day specified as the surplus release date. For reportable property 
that is reported by a military activity during a period of property 
accumulation prior to a period of formal utilization screening, the 
screening period normally extends from the date of reporting to a period 
of 21 calendar days from the day following the date of the end of the 
accumulation.
    (b) For civilian nonreportable property, the screening period is 
normally a period of 21 calendar days from the day the property is made 
available by the holding agency for screening as excess. For military 
nonreportable property that undergoes a period of accumulation prior to 
a period of utilization screening, the screening period is normally the 
same as for reportable property.
    d. Section 101-43.001-34 is added to read as follows:
Sec. 101-43.001-34  Unit cost.

    Unit cost means the original acquisition cost of a single item of 
property.
    e. Section 101-43.302 is amended by revising paragraph (c) to read 
as follows:
Sec. 101-43.302  Agency responsibility.

                                * * * * *

[[Page 569]]

    (c) GSA will assist agencies in meeting their requirements for 
nonreportable property. Federal agencies requiring such property should 
contact the appropriate GSA regional office indicated in Sec. 101-
43.4802. GSA area utilization officers, stationed at key excess 
generating points throughout the United States, screen and offer 
nonreportable property as it becomes available for transfer.

                                * * * * *

    f. Section 101-43.304-1 is amended by revising paragraph (a) to read 
as follows:
Sec. 101-43.304-1  Reporting.

    (a) Reportable property enumerated by the Federal supply 
classification (FSC) groups and classes, acquisition cost, and condition 
codes in Sec. 101-43.4801 shall be reported promptly to GSA with 
descriptions in sufficient detail to permit transfer or sale without 
further reference to the holding agency. In the absence of these 
descriptions, adequate commercial descriptions shall be substituted. 
Exceptions to these reporting requirements are covered in Sec. 101-
43.305. Whenever possible, the national stock number (NSN) shall be 
provided as part of the description. It is essential that the excess 
personal property report reflect the true condition of the property as 
of the date it is reported excess through assignment of the appropriate 
disposal condition code designation as defined in Sec. 101-43.4801(e). 
Each Department of Defense excess personal property report must also 
contain the appropriate supply condition code as defined in Sec. 101-
43.4801(f), including reports of contractor inventory so far as 
practicable. When available from property records, civilian agencies 
shall also include the appropriate supply condition code in excess 
personal property reports. To expedite processing, reports may be 
submitted up to 60 calendar days prior to the actual date of property 
availability, provided that the report clearly indicates this pending 
status and reflects the date on which the property will be determined 
excess.

                                * * * * *

    g. Section 101-43.304-2 is amended by revising paragraph (b) to read 
as follows:
Sec. 101-43.304-2  Form and distribution of reports. 

                                * * * * *

    (b) The SF 120 and SF 120A shall be submitted in an original and 
three copies. Reporting by ADP media shall be as specified and approved 
by GSA. Reports shall be directed to the GSA regional office for the 
region in which the property is located (see Sec. 101-43.4802). However, 
reports of fixed-wing and rotary-wing aircraft shall be submitted to the 
General Services Administration (9FB), San Francisco, CA 94102.
    h. Section 101-43.304-4 is revised to read as follows:
Sec. 101-43.304-4  Property at installations due to be discontinued. 

    Executive agencies that have installations which are due to be 
discontinued, closed, or abandoned and at which there will be excess 
personal property shall, unless inadvisable in the interest of national 
security, give advance notice of such situations as early as possible by 
letter to the appropriate GSA regional office. In such cases, agencies 
shall identify the installations to be discontinued, provide the 
scheduled date for the removal of personnel from the location, and 
specify the last date when the personal property will be needed. As soon 
as possible after filing the advance notice, the excess personal 
property shall be reported in accordance with Sec. 101-43.304-1 to 
provide time for screening for Federal utilization and donation 
purposes, within forty-two calendar days when possible.
    i. Section 101-43.305 is revised to read as follows:
Sec. 101-43.305  Nonreportable property and property not subject to GSA 
screening. 

    (a) Nonreportable property must be locally screened only, and it 
need not be reported to GSA for nationwide utilization screening. Such 
property is a valuable source of supply for Federal agencies; therefore, 
GSA regional offices and GSA area utilization officers 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 nonreportable 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.
    (b) A listing of nonreportable property, providing the extended 
value in acquisition cost dollars of each line item and the total number 
of line items on the listing, must be made available to GSA area 
utilization officers for local utilization and donation screening. 
Agencies that have computer records of their excess/surplus personal 
property are encouraged to report nonreportable property electronically, 
in lieu of submitting hardcopy listings. Agencies that are not able to 
report nonreportable property electronically, and have nonreportable 
property which is to be sold by GSA if it survives utilization and 
donation screening, are encouraged to report that property on a Standard 
Form (SF) 120, in lieu of an excess listing, to eliminate the need to 
submit SF 126, Report

[[Page 570]]

of Personal Property for Sale, after the completion of donation 
screening.
    (c) In accordance with paragraph (d) of this section, certain kinds 
of property are not covered by the GSA utilization screening process. 
Such property is neither reportable property nor nonreportable property. 
It is the responsibility of the owning agency to screen such property 
and make reasonable efforts to obtain utilization among other Federal 
agencies. Although not required to do so, GSA may assist in the 
screening and transfer of such property when requested to do so by the 
owning agency or when otherwise directed by GSA.
    (d) Unless otherwise directed by GSA, the following general 
categories of excess personal property are excepted from the GSA 
utilization screening process and shall not be reported to GSA for 
nationwide circularization nor made available to GSA area utilization 
officers for local screening:
    (1) Perishables, defined for the purposes of this section as any 
foodstuffs which are subject to spoilage or decay;
    (2) Property dangerous to public health and safety;
    (3) Scrap, except aircraft in scrap condition, provided the property 
strictly conforms to the definitions for scrap found at Sec. 101-43.001-
29;
    (4) Property determined by competent authority to be classified or 
otherwise sensitive for reasons of national security;
    (5) Controlled substances in which case solicitation shall be 
limited to those agencies authorized for transfer under Sec. 101-
42.1102-3 provisions;
    (6) Reportable property which, prior to reporting as required in 
Sec. 101-43.304, is transferred directly between Federal agencies as 
provided in Sec. 101-43.309-5(a) or by prearrangement with GSA to fill a 
known need;
    (7) Trading stamps and bonus goods (see Sec. 101-25.103-4);
    (8) Nonappropriated fund property;
    (9) Nuclear Regulatory Commission-controlled materials (see 
Sec. 101-42.1102-4 and 10 CFR parts 30 through 35, 40, and 70.); and
    (10) Hazardous waste and items determined by the holding agency to 
be extremely hazardous (see Sec. 101-42.402).
Sec. 101-43.307-7  [Amended]

    j. Section 101-43.307-7 is amended by removing paragraph (a) and 
redesignating paragraph (b) as new paragraph (a) and paragraph (c) as 
new paragraph (b).
    k. Section 101-43.307-12 is amended by revising paragraphs (c), (d), 
(e), and (f) to read as follows:
Sec. 101-43.307-12  Shelf-life items.

                                * * * * *

    (c) Reportable shelf-life items which have a remaining useful life 
of 6 weeks or more before reaching the expiration date shall be reported 
as excess in accordance with Sec. 101-43.304. Agencies may, at their 
option, also report shelf-life items which are nonreportable property. 
The report shall identify the items in the description as shelf-life 
items by carrying the designation symbol ``SL'' and by showing the 
expiration date. If the item has an extendable-type expiration date, 
there shall also be furnished an indication as to whether the expiration 
date is the original or an extended date.
    (d) Normally, items reported in accordance with paragraph (c) of 
this section, including medical shelf-life items held for national 
emergency purposes, will be given a surplus release date effective 21 
calendar days from the date following the day the property was reported. 
This date may be shortened or extended according to utilization 
objectives and the remaining useful shelf life. However, GSA offices 
will screen shelf life items for both reportable property and 
nonreportable property to permit their use before the shelf life expires 
and the items are unfit for human use.
    (e) Nonreportable shelf-life items which have a remaining useful 
life of 6 weeks or more before reaching the expiration date shall be 
made available for use by other Federal agencies as provided in 
Sec. 101-43.305. Agency documents listing such items shall show the 
expiration date and, in the case of items with an extendable expiration 
date, shall indicate whether the expiration date is the original or an 
extended date. When such items are determined excess, a surplus release 
date shall be established by the holding agency providing a minimum of 
21 calendar days for utilization screening, unless determined otherwise 
by GSA. With the approval of GSA, the surplus release date may be 
extended by the holding agency when the items are selected by an 
authorized screener for transfer or are set aside by a GSA 
representative for potential or actual transfer. For controlled 
substances (as defined in Sec. 101-42.001), each executive agency shall 
comply with Sec. 101-42.1102-3.
    (f) Shelf-life items which have a remaining useful life of less than 
6 weeks, regardless of classification as reportable property or 
nonreportable property, shall be made available for utilization by other 
Federal agencies in the manner provided in paragraph (e) of this 
section.

                                * * * * *

    l. Section 101-43.307-13 is revised to read as follows:
Sec. 101-43.307-13  Medical shelf-life items held for national emergency 
purposes.

    (a) Whenever the head of an executive agency determines that the 
remaining storage or shelf-life of medical materials or supplies held 
for national emergency purposes is

[[Page 571]]

of too short duration to justify their continued retention for such 
purposes and that their transfer or disposal would be in the best 
interest of the United States, those materials or supplies shall be 
considered to be nonreportable property unless otherwise directed by 
GSA. To the greatest extent practicable, the above determination shall 
be made at such time as to ensure that such medical materials or 
supplies can be transferred or otherwise disposed of in sufficient time 
to permit their use before their shelf-life expires and the items are 
unfit for human use.
    (b) Excess medical shelf-life items regardless of the remaining 
useful life shall be made available for use by other Federal agencies as 
provided in Sec. 101-43.305. Each agency may also report excess medical 
shelf-life items to enhance the possibility of utilization through 
increased circularization. The excess report shall identify items as 
medical shelf-life items held for national emergency purposes by 
carrying the designating symbol ``MSL'' in the description of the report 
and by showing the shelf-life expiration date. Information shall also be 
furnished regarding whether the expiration date is the original or the 
extended date. Further, whenever medical shelf-life items held for 
national emergency purposes are reported as excess, any specialized 
storage requirements pertaining to the items listed thereon shall be 
noted on the report.
    (c) When such items are determined excess, a surplus release date 
shall be established by the holding agency in accordance with Sec. 101-
43.311-2. For controlled substances (as defined in Sec. 101-42.001), 
each executive agency shall comply with Sec. 101-42.1102-3.
    (d) Transfers among Federal agencies of medical materials and 
supplies held for national emergency purposes and determined to be 
excess shall be accomplished in accordance with Sec. 101-43.309, except 
that such transfers shall be made upon such terms and prices as shall be 
agreed to by the Federal agencies concerned. Proceeds from such 
transfers may be credited to the current applicable appropriation or 
fund of the transferring agency and shall be available only for the 
purchase of medical materials or supplies for national emergency 
purposes.
    m. Section 101-43.309-2 is amended by revising paragraphs (b) and 
(d) to read as follows:
Sec. 101-43.309-2  Information on availability. 

                                * * * * *

    (b) Review of an electronic bulletin board called FEDS/SCREEN 
(Federal Disposal System/Screen by Computer and Request Excess by 
Electronic Notification) which contains information on GSA's nationwide 
inventory of excess and surplus property;

                                * * * * *

    (d) Submission of current and future requirements for excess 
personal property to the appropriate GSA regional office using GSA Form 
1539, Request for Excess Personal Property, illustrated at Sec. 101-
43.4902-1539. Instructions for submission of requirements may be 
obtained from any GSA regional office. Wherever possible, the NSN should 
be included for each item requested. GSA will assist agencies in 
obtaining NSN's to the extent practicable. If substitute items are 
acceptable, these should also be identified by NSN. Requirements for NSN 
items may be submitted electronically. If not currently available as 
excess, property requirements identified by NSN's will be retained for 
approximately 180 calendar days. Property reported excess during this 
time, if matched with recorded requirements, will be offered for 
immediate transfer. Agencies should update their lists of items at the 
end of each 180-calendar-day period to retain visibility in the 
requirements bank.
    n. Section 101-43.309-5 is amended by revising paragraph (a) to read 
as follows:
Sec. 101-43.309-5  Procedure for effecting transfers.

    (a) All transfers of excess personal property between Federal 
agencies shall be by SF 122, Transfer Order Excess Personal Property 
(see Sec. 101-43.4901-122), or any other transfer order form approved by 
GSA. Automated requests on approved forms and automated requests 
generated by FEDS/SCREEN may be used for excess personal property 
transfers. However, Federal agencies using automated requests shall 
ensure that document numbers are controlled and records maintained 
indicating the official authorized to approve property transfers. Except 
for automated transfer orders generated by FEDS/SCREEN, each transferee 
agency shall forward the original and three copies of the transfer order 
to the appropriate GSA regional office (see Sec. 101-43.4802) for 
approval. A SF 120 is not required in addition to SF 122 for direct 
transfers. Prior approval by GSA is not required when the appropriate 
GSA regional office is furnished an information copy of each direct 
transfer order by the transferor agency within 10 workdays from receipt 
of the order, and the property involved in the given transaction is:
    (1) Reportable property under Sec. 101-43.304 but has not yet been 
reported to GSA, the total acquisition cost of the transfer order does 
not exceed $10,000, and the owning agency's regulations relative to 
internal distribution have been satisfied; or

[[Page 572]]

    (2) Nonreportable property under Sec. 101-43.305 and has not been 
reserved at the holding location for special screening by the 
appropriate GSA regional office, and the total acquisition cost of the 
transfer order does not exceed $50,000.

                                * * * * *

    o. Section 101-43.311-1 is revised to read as follows:
Sec. 101-43.311-1  Reportable property.

    (a) Excess personal property, which is reported to GSA in accordance 
with Sec. 101-43.304 and not transferred to other Federal agencies shall 
become surplus at the close of business on the surplus release date, 
which is indicated on the report of excess personal property to GSA. 
With the exception of aircraft and vessels, the surplus release date 
will normally be 21 calendar days from the day after GSA receives the 
report of the excess personal property. The surplus release date for 
aircraft, and for vessels 1,500 gross tons and under in FSC Group 19, 
will be 60 calendar days from the day after GSA receives the report of 
excess in the appropriate GSA regional office.
    (b) GSA may expedite screening by shortening the period of 
utilization screening for items individually or by FSC class which have 
a history of little demand. GSA may extend the screening period to 
adequately screen large generations or specialized items. The 
appropriate GSA regional office will coordinate surplus release date 
changes with the reporting activity to minimize impact on the 
utilization and disposal process. Agencies may not shorten or lengthen 
screening periods on their own.
    p. Section 101-43.311-2 is amended by revising paragraph (a) and 
removing paragraph (c) to read as follows:
Sec. 101-43.311-2  Nonreportable property.

    (a) Nonreportable property shall become surplus when it has been 
made available by the holding agency for Federal use for a minimum of 21 
calendar days from the date made available for screening to Federal 
agencies, unless determined otherwise by GSA, and has not been selected 
for transfer by another Federal agency. Holding agencies shall annotate 
property records with the date of the agency excess determination. 
Authorized Federal agency representatives may request and, with the 
approval of GSA, holding agencies will grant additional screening time 
not to exceed 30 calendar days, unless otherwise agreed upon by the 
holding agency and the GSA regional office concerned. GSA may shorten or 
lengthen the screening time.

                                * * * * *

    q. Section 101-43.314 is amended by revising paragraph (b)(2)(iv) to 
read as follows:
Sec. 101-43.314  Use of excess personal property on grants. 

                                * * * * *

    (b) * * *
    (2) * * *
    (iv) Excess scientific equipment transferred pursuant to section 
11(e) of the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1870(e)). GSA will consider items of personal property as 
scientific equipment for transfer without reimbursement to the National 
Science Foundation (NSF) for use by a project grantee when the property 
requested is within FSC groups 12 (Fire Control Equipment), 14 (Guided 
Missiles), 43 (Pumps and Compressors), 48 (Valves), 58 (Communication, 
Detection, and Coherent Radiation Equipment), 59 (Electrical and 
Electronic Equipment Components), 65 (Medical, Dental, and Veterinary 
Equipment and Supplies), 66 (Instruments and Laboratory Equipment), 67 
(Photographic Equipment), 68 (Chemicals and Chemical Products), or 70 
(General Purpose Information Processing Equipment (Including Firmware), 
Software, Supplies, and Support Equipment). GSA will give consideration 
to transfer without reimbursement of items of excess property in other 
FSC groups when NSF certifies the item requested is a component of or 
related to a piece of scientific equipment or is an otherwise difficult-
to-acquire item needed for scientific research. Items of property 
determined by GSA to be common use or general purpose property, 
regardless of classification, shall not be transferred to NSF for use by 
a project grantee without reimbursement.

                                * * * * *

    r. Section 101-43.4801 is amended by revising paragraphs (a) through 
(d) to read as follows:
Sec. 101-43.4801  Excess personal property reporting requirements.

    (a) The table shown in paragraph (d) of this section shows the 
excess personal property Federal Supply Classification (FSC) groups and 
classes comprising reportable property. Property in these groups and 
classes must be reported to GSA when the following condition code and 
dollar threshold criteria are met:
    (1) With the exception of aircraft, the condition code as defined in 
paragraph (e) of this section is salvage or better. Fixed-wing and 
rotary-wing aircraft, airframe structural components, and aircraft 
engines, as specified in paragraph (b) of this section, are reportable 
regardless of condition in accordance with Sec. 101-43.304-2.
    (2) The unit cost, measured in acquisition dollars, is $5,000 or 
more.

[[Page 573]]

    (b) With respect to aircraft and aircraft components and 
accessories:
    (1) As indicated in the table in paragraph (d) of this section, line 
items in FSC classes 1510, 1520, 1560, 2810, 2840, or any class in FSC 
group 16 shall be reported. In agencies other than the Department of 
Defense, all line items in these classes shall be reported regardless of 
condition code when dollar criteria are met. For the Department of 
Defense, aircraft in FSC class 1510 which are in the Cargo/Transport, 
Observation, Anti-sub, Trainer, or Utility series, all aircraft in FSC 
class 1520, and line items in other classes which are components of 
these aircraft shall be reported regardless of condition code when 
dollar criteria are met.
    (2) Items in FSC classes 1510 and 1520 held by the Department of 
Defense or other agencies shall be reported to the General Services 
Administration (9FB), San Francisco, California 94102.
    (c) All excess Government-owned information technology (IT) 
equipment and software, as defined in subpart 101-43.6, shall be 
disposed of in accordance with the provisions of that subpart.
    (d) The following table shows FSC groups and classes which comprise 
reportable property:

----------------------------------------------------------------------------------------------------------------
              FSC group                       FSC class                            Noun name
----------------------------------------------------------------------------------------------------------------
15...................................  1510..................  Aircraft, fixed wing.
                                       1520..................  Aircraft, rotary wing.
                                       1560..................  Airframe, structural components.
16...................................  All...................  Aircraft components and accessories.
18...................................  All...................  Space vehicles.
19...................................  All...................  Ships, small craft, pontoons, and floating docks
                                                                (All but vessels over 1500 gross tons).
22...................................  All...................  Railway equipment.
23...................................  All...................  Ground effect vehicles, motor vehicles, trailers,
                                                                and cycles.
24...................................  All...................  Tractors.
28...................................  2805..................  Gasoline, reciprocating engines, except aircraft.
                                       2810..................  Gasoline, reciprocating engines, aircraft.
                                       2815..................  Diesel engines and components.
                                       2840..................  Gas turbines and jet engines.
32...................................  All...................  Woodworking machinery and equipment.
34...................................  All...................  Metalworking machinery.
35...................................  All...................  Service and trade equipment.
36...................................  All...................  Special industry machinery (all but 3690
                                                                Specialized ammunition and ordinance machinery
                                                                and related equipment).
37...................................  All...................  Agricultural machinery and equipment.
38...................................  All...................  Construction, mining excavating, and highway
                                                                maintenance equipment.
39...................................  All...................  Materials handling equipment.
42...................................  All...................  Fire fighting, rescue, and safety equipment.
43...................................  All...................  Pumps and compressors.
49...................................  4910..................  Motor vehicle maintenance and repair shop
                                                                specialized equipment.
                                       4920..................  Aircraft maintenance and repair shop specialized
                                                                equipment.
                                       4930..................  Lubrication and fuel dispensing equipment.
                                       4935..................  Guided missile maintenance, repair, and checkout
                                                                specialized equipment.
                                       4940..................  Miscellaneous maintenance, and repair shop
                                                                specialized equipment.
                                       4960..................  Space vehicle maintenance, repair, and checkout
                                                                specialized equipment.
54...................................  All...................  Prefabricated structures and scaffolding.
61...................................  All...................  Electric wire and power and distribution
                                                                equipment.
66...................................  All...................  Instruments and laboratory equipment.
71...................................  All...................  Furniture.
73...................................  All...................  Food preparation and serving equipment.
----------------------------------------------------------------------------------------------------------------

                                * * * * *

    s. Section 101-43.4802 is revised to read as follows:
Sec. 101-43.4802  Regional office addresses and assigned areas. 


------------------------------------------------------------------------
       Region and office address                  Regional areas
------------------------------------------------------------------------
National Capital Region, 470 L'Enfant    District of Columbia, Maryland
 Plaza East, SW., Suite 8100,             (Prince Georges and Montgomery
 Washington, DC 20407.                    Counties only).
                                         Virginia (Prince William,
                                          Loudoun, Fairfax and Arlington
                                          Counties, and the cities of
                                          Alexandria, Fairfax, Falls
                                          Church, Manassas, and Manassas
                                          Park only).
1--General Services Administration,      Connecticut, Maine, New
 O'Neill Federal Office Building,         Hampshire, Rhode Island,
 Massachusetts, 10 Causeway Street,       Vermont.
 Boston, MA 02222.
2--General Services Administration,      New Jersey, New York,
 Jacob K. Javits Federal Building, 26     Commonwealth of Puerto Rico,
 Federal Plaza, New York, NY 10278.       Virgin Islands.

[[Page 574]]

 
3--General Services Administration,      Delaware, Maryland,
 Wannamaker Building, 100 Penn Square     Pennsylvania, Virginia, West
 East, Philadelphia, PA 19107.            Virginia.
4--General Services Administration, 410  Alabama, Florida, Georgia,
 West Peachtree Street, Atlanta, GA       Kentucky, Mississippi, North
 30365.                                   Carolina, South Carolina,
                                          Tennessee.
5--General Services Administration, 230  Illinois, Indiana, Michigan,
 South Dearborn Street, Chicago, IL       Minnesota, Ohio, Wisconsin.
 60604.
6--General Services Administration,      Iowa, Kansas, Missouri,
 4400 College Blvd., Suite 175,           Nebraska.
 Overland Park, KS 66211.
7--General Services Administration, 819  Arkansas, Louisiana, New
 Taylor Street, Fort Worth, TX 76102.     Mexico, Oklahoma, Texas.
8--General Services Administration,      Colorado, Montana, North
 Building 41, Denver Federal Center,      Dakota, South Dakota, Utah,
 Denver, CO 80225.                        Wyoming.
9--General Services Administration, 450  Arizona, California, Hawaii,
 Golden Gate Avenue, San Francisco, CA    Nevada, Pacific Ocean Areas.
 94102.
10--General Services Administration,     Alaska, Idaho, Oregon,
 400 15th Street, SW., Auburn, WA 98001.  Washington.
------------------------------------------------------------------------

    t. Section 101-44.109 is amended by revising paragraphs (a) and (b) 
to read as follows:
Sec. 101-44.109  Donation screening period.

    (a) Unless otherwise directed by GSA, a period of 21 calendar days 
following the surplus release date (see Sec. 101-43.001-32) shall be 
provided to set aside surplus reportable and nonreportable property 
determined to be usable and necessary for donation purposes in 
accordance with the provisions of subparts 101-44.2, 101-44.4, and 101-
44.5. Reportable surplus property will be set aside for donation when a 
Standard Form 123, with an informational copy to the holding activity, 
is submitted to a GSA regional office for approval within the donation 
screening period. Nonreportable property will be set aside for donation 
upon notification to a holding activity within the donation screening 
period by a responsible Federal official, a State agency representative, 
or an authorized donee representative that the property is usable and 
necessary for donation purposes.
    (b) During the prescribed 21-day donation screening period, Standard 
Forms 123 will be processed by GSA regional offices in the following 
sequence:
    (1) Department of Defense personal property which is reportable 
surplus will be reserved for public airport donation during the first 5 
calendar days of the donation screening period and for service 
educational activities (SEA's) during the next 5 calendar days. During 
the remaining portion of the donation screening period, the property 
will be available on an equal basis to all applicants.
    (2) Executive agency personal property, other than personal property 
of the Department of Defense, which is reportable surplus will be 
reserved for public airport donation during the first 5 calendar days of 
the donation screening period. During the remaining portion of the 
donation screening period, the property will be available on an equal 
basis to all applicants. This property is not available for donation to 
SEA's.
    (3) All executive agency personal property which is nonreportable 
surplus will be made available for donation on an equal basis to all 
applicants. SEAs are not eligible for donation of nonreportable surplus 
of executive agencies other than the Department of Defense.

                                * * * * *

    u. Section 101-45.303 is amended by revising paragraphs (a) and (b) 
to read as follows:
Sec. 101-45.303  Reporting property for sale. 

                                * * * * *

    (a) Reportable surplus. Reportable surplus, if not donated, will be 
programmed for sale by the GSA regional office unless the holding agency 
indicates on their reports of excess personal property that they elect 
to sell their own property.
    (b) Nonreportable surplus. Nonreportable surplus, if not donated, 
shall be reported to the appropriate GSA regional office on Standard 
Form 126, Report of Personal Property for Sale (illustrated at Sec. 101-
45.4901-126) if GSA is to sell the property. Standard Form 126A, Report 
of Personal Property for Sale (Continuation Sheet), shall be added if 
additional pages are required. Standard Forms 126 and 126A are stocked 
as five-part carbon interleaved forms and may be obtained by submitting 
a requisition in FEDSTRIP/MILSTRIP format to the GSA regional office 
providing support to the requesting activity.
    8. Effect on other directives. This regulation modifies portions of 
regulations appearing at parts 101-42 through 101-45 that pertains to 
the reporting and screening process for property determined to be excess 
to an agency's needs.

    Dated: September 5, 1996

David J. Barram,
    Acting Administrator of General Services


[[Page 575]]



                     General Services Administration

                          Washington, DC 20405

   Federal Property Management Regulations, Temporary Regulation H-30

To: Heads of Federal agencies
Subject: Donation of Federal surplus personal property to nonprofit 
          providers of assistance to impoverished families and 
          individuals
    1. Purpose. This regulation expands eligibility for the Federal 
surplus personal property donation program to include nonprofit 
organizations that provide food, clothing, housing, or other assistance 
to families or individuals with incomes below the poverty line.
    2. Effective date. This regulation is effective upon publication in 
the Federal Register.
    3. Expiration date. This regulation expires 2 years from the 
effective date. Prior to the expiration date, this regulation will be 
codified in a new regulation named the Federal Property and 
Administrative Services Regulation (FPASR). The FPASR will replace the 
Federal Property Management Regulations and appear in 41 CFR Chapter 
102.
    4. Applicability. The provisions of this regulation apply to all 
State agencies as defined in FPMR 101-44.001-14. Such agencies must 
follow this regulation and other guidelines in FPMR 101-44.207 when 
determining an applicant's eligibility as a nonprofit provider.
    5. Background. Section 1 of Public Law 105-50, signed by the 
President on October 6, 1997, amended section 203(j)(3)(B) of the 
Federal Property and Administrative Services Act of 1949, as amended, to 
add nonprofit organizations that provide assistance to the impoverished 
to the list of organizations eligible to acquire surplus personal 
property for educational or public health purposes. Legislative history 
indicates the intent of this section was to provide surplus property 
eligibility to charitable organizations such as food banks, Habitat for 
Humanity, and the Salvation Army. See 143 Cong. Rec. H1941 (daily ed. 
April 29, 1997) (statement of Rep. Horn). These groups provide goods and 
services that contribute to the educational growth or general health and 
well-being of individuals and families below the poverty line. FPMR 101-
44.207 is amended to make such providers eligible for Federal surplus 
personal property donations.
    6. Explanation of changes. Section 101-44.207 is amended by adding 
paragraph (a)(18.2) and revising paragraph (c) to read as follows:

Sec. 101-44.207  Eligibility.

                                * * * * *

    (a) * * *
    (18.2)  Provider of assistance to impoverished families and 
individuals means a public or private, nonprofit tax-exempt organization 
whose primary function is to provide money, goods, or services to 
families or individuals whose annual incomes are below the poverty line 
(as defined in section 673 of the Community Services Block Grant Act) 
(42 U.S.C. 9902). Providers include food banks, self-help housing 
groups, and organizations providing services such as the following: 
Health care; medical transportation; scholarships and tuition 
assistance; tutoring and literacy instruction; job training and 
placement; employment counseling; child care assistance; meals or other 
nutritional support; clothing distribution; home construction or 
repairs; utility or rental assistance; and legal counsel.

                                * * * * *

    (c) Eligibility of nonprofit tax-exempt activities. Surplus personal 
property may be donated through the State agency to nonprofit tax-exempt 
activities, as defined in this section, within the State, such as:
    (1) Medical institutions;
    (2) Hospitals;
    (3) Clinics;
    (4) Health centers;
    (5) Providers of assistance to homeless individuals;
    (6) Providers of assistance to impoverished families and 
individuals;
    (7) Schools;
    (8) Colleges;
    (9) Universities;
    (10) Schools for the mentally retarded;
    (11) Schools for the physically handicapped;
    (12) Child care centers;
    (13) Radio and television stations licensed by the Federal 
Communications Commission as educational radio or educational television 
stations;
    (14) Museums attended by the public;
    (15) Libraries, serving free all residents of a community, district, 
State or region; or
    (16) Organizations or institutions that receive funds appropriated 
for programs for older individuals under the Older Americans Act of 
1965, as amended, under title IV and title XX of the Social Security 
Act, or under titles VIII and X of the Economic Opportunity Act of 1964 
and the Community Services Block Grant Act. Programs for older 
individuals include services that are necessary for the general welfare 
of older individuals, such as social services, transportation services, 
nutrition services, legal services, and multipurpose senior centers.
    7. Effect on other directives. This regulation modifies the 
regulations appearing in paragraphs (a) and (c) of FPMR 101-44.207.

    Dated: February 5, 1998

Thurman M. Davis, Sr.,

    Acting Administrator of General Services

[[Page 577]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Redesignation Table
  List of CFR Sections Affected



[[Page 579]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2001)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)

[[Page 580]]

       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

              

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 581]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 582]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--599)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)

[[Page 583]]

        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 584]]

        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 585]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 586]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 587]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)

[[Page 588]]

         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

[[Page 589]]

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 590]]

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 591]]

       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 592]]

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)

[[Page 593]]

     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)

[[Page 594]]

        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 595]]

        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 597]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2001)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 598]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I

[[Page 599]]

  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV

[[Page 600]]

Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101

[[Page 601]]

  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV

[[Page 602]]

  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I; 40, IV
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II

[[Page 603]]

Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office, United States        37, I

[[Page 604]]

Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV

[[Page 605]]

  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 607]]

                                     

                                     



                           Redesignation Table



At 54 FR 4962, Jan. 31, 1989, regulations appearing in title 41, part 
101-50 were redesignated as part 105-68.
For the convenience of the user, the following table shows the 
relationship of the old CFR section numbers in 41 CFR part 101-50 to the 
new CFR section numbers in 41 CFR part 105-68.

                           Redesignation Table
------------------------------------------------------------------------
                Old section                          New section
------------------------------------------------------------------------
         Subpart 101-50.1--General            Subpart 105-68.1--General
 
------------------------------------------------------------------------
101-50.100................................  105-68.100
101-50.105................................  105-68.105
101-50.110................................  105-68.110
101-50.115................................  105-68.115
 
------------------------------------------------------------------------
    Subpart 101-50.2--Effect of Action       Subpart 105-68.2--Effect of
                                                        Action
 
------------------------------------------------------------------------
101-50.200................................  105-68.200
101-50.205................................  105-68.205
101-50.210................................  105-68.210
101-50.215................................  105-68.215
101-50.220................................  105-68.220
101-50.225................................  105-68.225
 
------------------------------------------------------------------------
        Subpart 101-50.3--Debarment          Subpart 105-68.3--Debarment
 
------------------------------------------------------------------------
101-50.300................................  105-68.300
101-50.305................................  105-68.305
101-50.310................................  105-68.310
101-50.315................................  105-68.315
101-50.320................................  105-68.320
101-50.325................................  105-68.325
 
------------------------------------------------------------------------
       Subpart 101-50.4--Suspension         Subpart 105-68.4--Suspension
 
------------------------------------------------------------------------
101-50.400................................  105-68.400
101-50.405................................  105-68.405
101-50.410................................  105-68.410
101-50.415................................  105-68.415
101-50.420................................  105-68.420
101-50.425................................  105-68.425
 
------------------------------------------------------------------------
Subpart 101-50.5--Responsibilities of GSA,       Subpart 105-68.5--
          Agency and Participants              Responsibilities of GSA,
                                               Agency and Participants
 
------------------------------------------------------------------------
101-50.500................................  105-68.500
101-50.505................................  105-68.505
101-50.510................................  105-68.510
101-50.515................................  105-68.515
101-50.520................................  105-68.520
101-50.525................................  105-68.525
------------------------------------------------------------------------


[[Page 609]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.

For the period before January 1, 1986, see the ``List of Sections CFR 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

41 CFR
                                                                   51 FR
                                                                    Page
Chapter 101
101-6.100--101-6.112-1 (Subpart 101-6.1)  Removed...................7017
101-1--101-8 (Subchapter A Appendix)  Temporary Reg. A-24, Supp. 2 
        added......................................................23539
    Temporary Reg. A-30 added......................................40805
    Temporary Reg. A-25, Supp. 2 added.............................44985
101-17.002  See Temp. Reg. D-71, Supp. 2...........................27040
101-17.003  See Temp. Reg. D-71, Supp. 2...........................27040
101-17.004  See Temp. Reg. D-71, Supp. 2...........................27040
101-17.009  See Temp. Reg. D-71, Supp. 2...........................27041
101-17.102  See Temp. Reg. D-71, Supp. 2...........................27041
101-17.103  See Temp. Reg. D-71, Supp. 2...........................27041
101-17.104-1  See Temp. Reg. D-71, Supp. 2.........................27041
101-17.104-3  See Temp. Reg. D-71, Supp. 2.........................27041
101-17.4902  See Temp. Reg. D-71, Supp. 2..........................27041
101-17--101-21 (Subchapter D Appendix)  Temporary Reg. D-71, Supp. 
        2 added....................................................27039
101-18.000--101-18.003-19  Removed..................................7018
101-18.300--101-18.312 (Subpart 101-18.3)  Removed..................7018
101-17--101-21 (Subchapter D Appendix)  Temporary Reg. D-69, Supp. 
        5 added....................................................11022
    Temporary Reg. D-71, Supp. 1 added.............................17630
101-20.109-10  Revised.............................................44258
101-25.107  (b) revised............................................13498
101-25.303  Removed.................................................9655
101-25.304  Removed.................................................9655
101-25.304-1  Removed...............................................9655
101-25.304-2  Removed...............................................9655
101-26.102-1  See Temp. Reg. E-85..................................29105
101-25--101-34 (Subchapter E Appendix)  Temporary Reg. E-85 added 
                                                                   29105
101-26.100-2  See Temp. Reg. E-82...................................1794
101-26.106  Revised................................................13498
101-26.406  Removed.................................................9655
101-26.406-1  Removed...............................................9655
101-26.406-5  Removed...............................................9655
101-26.406-6  Removed...............................................9655
101-26.408-4  (c) revised..........................................13498
101-26.501  See Temp. Reg. E-84....................................20829
101-26.501-1  See Temp. Reg. E-84..................................20829
101-26.501-2  See Temp. Reg. E-84..................................20829
101-26.501-3  See Temp. Reg. E-84..................................20830
101-26.501-4  See Temp. Reg. E-84..................................20830
101-26.501-6  See Temp. Reg. E-84..................................20830

[[Page 610]]

101-26.501-8  See Temp. Reg. E-84..................................20830
101-26.501-9  See Temp. Reg. E-84..................................20830
101-26.803-2  Revised...............................................7571
101-28.300--101-28.306-7 (Subpart 101-28.3)  Revised...............13499
101-25--101-34 (Subchapter E Appendix)  Temporary Reg. E-83 added 
                                                                    1511
    Temporary Reg. E-82 added.......................................1793
    Temporary Reg. E-81, Supp. 1 added.............................15783
    Temporary Reg. E-84 added......................................20829
101-38  Revised....................................................11684
101-38.001-19  Corrected...........................................15481
101-38.101-3  (b) introductory text and (3) table corrected........15481
101-38.102  (a) corrected..........................................15481
101-38.104-2  (a)(2) corrected.....................................15481
101-38.104-4  (a) and (c) corrected................................15481
101-38.104-5  Corrected............................................15481
101-38.104-8  (a) corrected........................................15481
101-38.202-4  Corrected............................................15481
101-38.700  Corrected..............................................15481
101-38.701  (b) corrected..........................................15481
101-38.702  Corrected..............................................15481
101-39  Revised....................................................11023
101-40.000  Revised................................................24330
101-40.001  Added..................................................24331
101-40.101-1  Revised..............................................24331
    (a) introductory text and table corrected......................27539
101-40.101-2  Revised..............................................24331
101-40.102  Revised................................................24331
101-40.103-2  (a) and (b) revised..................................24331
    (b) corrected..................................................27539
101-40.103-3  Added................................................24332
    Corrected......................................................27539
101-40.106  Revised................................................24332
101-40.108  Revised................................................24332
101-40.109-1  (a) revised..........................................24332
101-40.109-2  (a), (b), and (c) revised............................24332
101-40.109-3  (b) revised; (c) added...............................24332
101-40.110-2  Revised..............................................24332
101-40.110-3  Added................................................24332
101-40.111  Revised................................................24333
101-40.113  Removed................................................24333
101-40.200--101-40.208 (Subpart 101-40.2)  Heading revised.........24333
101-40.200  Revised................................................24333
101-40.201  Revised................................................24333
101-40.202  Revised................................................24333
101-40.203-1  Revised..............................................24333
101-40.203-2  Revised..............................................24333
101-40.203-3  Revised..............................................24334
101-40.203-4  (a) and (c) revised..................................24334
101-40.204  Revised................................................24334
101-40.205  Revised................................................24334
101-40.206  Revised................................................24334
    Introductory text corrected....................................27539
101-40.207  Revised................................................24335
101-40.208  Revised................................................24335
101-40.300  Revised................................................24335
101-40.301  (a), (b), and (d) revised..............................24335
    (a) table Note and (b)(1) corrected............................27539
101-40.303  Revised................................................24336
101-40.303-2  Revised..............................................24336
101-40.303-4  Revised..............................................24336
101-40.304  (b) and (c) revised; (d) added.........................24336
101-40.305-1  Revised..............................................24336
101-40.305-2  Revised..............................................24336
101-40.305-3  Introductory text, (a), and (d) revised; (b) removed
                                                                   24336
101-40.306  Revised................................................24337
101-40.306-1  (a) revised..........................................24337
101-40.306-3  Revised..............................................24337
101-40.400--101-40.410-2 (Subpart 101-40.4)  Heading revised.......24337
101-40.400  Revised................................................24337
101-40.401  Revised................................................24337
101-40.402  Revised................................................24337
101-40.402-1  Removed..............................................24337
101-40.403  Revised................................................24337
101-40.403-1  Removed..............................................24338
101-40.403-2  Removed..............................................24338
101-40.404  Heading revised........................................24338
101-40.404-1  Revised..............................................24338
    (b) corrected..................................................27539
101-40.404-2  Revised..............................................24338
101-40.404-3  Removed..............................................24338
    Correctly designated...........................................27539
101-40.404-4  Removed..............................................24338
101-40.404-5  Removed..............................................24338
101-40.405  Added..................................................24338
101-40.406  Added..................................................24338
101-40.407  Added..................................................24339
101-40.408  Added..................................................24339
101-40.408-1  Added................................................24339
101-40.408-2  Added................................................24339
101-40.408-3  Added................................................24339
    (c)(2)(iii) corrected..........................................27539
101-40.408-4  Added................................................24340
101-40.409  Added..................................................24340
101-40.409-1  Added................................................24340

[[Page 611]]

    (c) corrected..................................................27539
101-40.409-2  Added................................................24340
101-40.410  Added..................................................24340
101-40.410-1  Added................................................24340
101-40.410-2  Added................................................24341
101-40.702-2  (a) revised..........................................24341
101-40.702-3  (a), (b), (c), and (d) revised.......................24341
    (a) and (d) corrected..........................................27539
101-40.703-2  (a) revised; (d) added...............................24341
    (a) corrected..................................................27539
101-40.703-3  Revised..............................................24342
    (a) and (b) corrected..........................................27539
101-40.704-1  (c)(2)(i) revised....................................24342
101-40.704-2  Revised..............................................24342
101-40.705  (b) revised............................................24342
101-40.707-1  Revised..............................................24342
101-40.709  (a), (b), and (c) revised..............................24342
101-40.710  Revised................................................24343
    (a) corrected..................................................27539
101-40.711-1  Revised..............................................24343
101-40.711-2  Introductory text revised............................24343
101-40.712  Revised................................................24343
101-40.4900--101-40.4903 (Subpart 101-40.49)  Revised..............24343
101-38--101-41 (Subchapter G Appendix)  Temporary Reg. G-48 added 
                                                                   29639
101-43.102  Revised.................................................8675
101-43.4901-121  Revised............................................8675
101-43.4901-121-1  Revised..........................................8675
101-47.304-9  (c) added............................................23760
101-47.800  Revised..................................................193
101-47.802  (b) introductory text, (1), and (5)(i) and (v) revised
                                                                     194
101-47.4908  Added.................................................23760
101-47.4914  Revised.................................................194

                                  1987

41 CFR
                                                                   52 FR
                                                                    Page
Chapter 101
101-5  See Temp. Reg. A-29, Supp. 1................................26150
101-6.1001--101-6.1035 (Subpart 101-6.10)  Revised.................45929
101-7  See Temp. Reg. A-23, Supp. 4................................41431
    See Temp. Reg. A-30, Supp. 1...................................43063
    See Temp. Reg. A-24, Rev. 1....................................45825
    See Temp. Reg. A-25, Supp. 3...................................48685
101-1--101-8 (Subchapter A Appendix)  Temporary Reg. A-30 
        corrected....................................................387
    Temporary Reg. A-29 added.......................................2528
    Temporary Reg. A-23, Supp. 3 added..............................5537
    Temporary Reg. A-27, Revision 1 added...........................8893
    Temporary Reg. A-23, Supp. 3 corrected..........................9382
    Temporary Reg. A-29, Supp. 1 added.............................26150
    Temporary Reg. A-23, Supp. 4 added.............................41431
    Temporary Reg. A-30, Supp. 1 added.............................43063
    Temporary Reg. A-24, Rev. 1 added..............................45825
    Temporary Reg. A-25, Supp. 3 added.............................48685
101-17  See Temp. Reg. D-73.........................................4295
101-17--101-21 (Subchapter D Appendix)  Temporary Reg. D-73 added 
                                                                    4294
101-20  Revised....................................................11263
101-20.103-4  (a), (c), and (d) corrected..........................24158
101-20.107  Heading correctly revised; (h) corrected...............24158
101-20.302  Corrected..............................................24158
101-20.309  Corrected..............................................24158
101-20.403  (a)(2) corrected.......................................24158
101-20.404  (a) corrected..........................................24158
101-25.103-1  See Temp. Reg. E-89..................................41430
101-25.103-2  See Temp. Reg. E-89..................................41430
101-26.102-1  See Temp. Reg. E-88..................................29522
101-26.301  See Temp. Reg. E-87....................................23656
101-26.501  (a) amended; (b), (c) and (d) introductory text 
        revised....................................................29523
101-26.501-1  (a) and (b) revised..................................29523
101-26.501-2  (a), (b) and (c) revised.............................29524
101-26.501-3  Introductory text and (b) revised....................29524
101-26.501-4  (a) and (b)(2) revised; (b)(3) removed...............29524
101-26.501-6  (c) revised..........................................29524
101-26.501-8  (a) amended; (b) revised; (c) removed................29524
101-26.501-9  Revised..............................................29525
101-28.302  See Temp. Reg. E-86....................................11276

[[Page 612]]

101-28.306-3  See Temp. Reg. E-86..................................11276
101-25--101-34 (Subchapter E Appendix)  Temporary Reg. E-82, Supp. 
        1 added.....................................................5536
    Temporary Reg. E-86 added......................................11276
    Temporary Reg. E-87 added......................................23656
    Temporary Reg. E-88 added......................................29522
    Temporary Reg. E-89 added......................................41430
101-40.000  Revised................................................21031
101-40.001  Revised................................................21031
101-40.101-1  Revised..............................................21032
    (a) table corrected............................................23137
101-40.102  (a) and (b) revised....................................21032
101-40.103-2  (b) revised..........................................21032
101-40.103-3  Revised..............................................21032
101-40.104  Revised................................................21032
101-40.109-3  (b) revised..........................................21032
101-40.110-3  Revised..............................................21033
101-40.203-2  (a) and (b) revised..................................21033
101-40.203-3  Revised..............................................21033
101-40.204  Revised................................................21033
    Corrected......................................................23137
101-40.205  Revised................................................21033
    Corrected......................................................23137
101-40.206  See Temp. Reg. G-49....................................26151
101-40.301  (a) (1) and (2) revised................................21033
101-40.306-4  Revised..............................................21034
101-40.402  (b) revised............................................21034
101-40.404  Revised................................................21034
101-40.702-3  (b) revised..........................................21034
101-40.703-3  (a) revised..........................................21034
101-40.4902  (b) revised; (c) added................................21034
101-41.203-2  See Temp. Reg. G-50..................................36572
101-41.206  (b) and (c) revised....................................12169
101-41.302-1  (z) removed..........................................21682
101-41.302-2  (c) revised; (e) removed.............................21682
101-41.307-3  Revised..............................................21683
101-41.802  (a) (2) through (6) and (b) revised; (a)(7) added......12169
101-41.803  (a) and (b) revised; (c) added.........................12170
101-41.803-1  (a) introductory text revised........................12170
101-41.804  Heading revised........................................12170
101-41.804-1  Revised..............................................12170
101-41.804-2  Revised..............................................12170
101-41.804-4  Revised..............................................12170
101-41.804-5  Revised..............................................12170
101-41.805-1  (a) and (b) revised..................................12170
101-41.805-2  (c) introductory text, (1) and (2) revised...........12170
101-41.806  Heading revised........................................12170
101-41.806-1  Revised..............................................12170
101-41.806-2  Revised..............................................12171
101-41.806-3  Revised..............................................12171
101-41.807-1  Revised..............................................12171
101-41.807-2  (a) and (d) revised..................................12171
101-41.808-1  Revised..............................................12171
101-41.4901-1206  Removed..........................................21683
101-38--101-41 (Subchapter G Appendix)  Temporary Reg. G-49 added 
                                                                   26151
    Temporary Reg. G-50 added......................................36572
    Temporary Reg. G-48, Supp. 1 added.............................48540
101-43.4801  See Temp. Reg. H-25...................................26152
101-44.202  See Temp. Reg. H-26....................................47394
101-44.207  See Temp. Reg. H-26....................................47394
101-44.208  See Temp. Reg. H-26....................................47394
101-44.4701  See Temp. Reg. H-26...................................47395
101-44.4902-3040-1  See Temp. Reg. H-26............................47395
101-45.105-3  (b) and (c) revised..................................23830
101-45.304-3  Revised..............................................23831
101-45.304-7  (a)(4) and (c)(2) revised............................23831
101-47.202-2  (c) (1) and (2) revised; (c)(3) added................46467
101-47.203-5  (b) and (c) revised...................................9832
101-47.204-1  (a) and (b) revised...................................9832
101-47.303-2  Introductory text, (b), (d), (e) introductory text 
        and (1), (f), and (g) revised...............................9829
101-47.304-8  Removed...............................................5542
101-47.308-9  Added.................................................9832
101-47.4906  Revised................................................9830
101-47.4906-2  Added................................................9831
101-42--101-49 (Subchapter H Appendix)  Temporary Reg. H-25 added 
                                                                   26152
    Temporary Reg. H-26 added......................................47393

                                  1988

41 CFR
                                                                   53 FR
                                                                    Page
Chapter 101
101-1.104-2  (a) revised............................................2739
101-1.4902  (b) revised.............................................2739
101-6  Authority citation added....................................26776
101-6.300  (c) revised.............................................27518
101-6.303  (b) revised.............................................27518
101-6.400--101-6.405 (Subpart 101-6.4)  Added......................26776
101-7  See Temp. Reg. A-30, Supp. 2................................10077
    See Temp. Reg. A-23, Supp. 5...................................11849

[[Page 613]]

    Revised........................................................24449
    See Temp. Reg. A-30, Supp. 3...................................29045
    See Temp. Regs. A-24, Rev. 1, Supp. 1 and A-25, Supp. 4........41166
101-1--101-8 (Subchapter A Appendix)  Temporary Reg. A-30 added....10077
    Temporary Reg. A-23, Supp. 5 added.............................11849
    (Subchapter A Appendix)  Temporary Reg. A-30, Supp. 3 added....29045
    Temporary Regs. A-24, Rev. 1, Supp. 1 and A-25, Supp. 4 added 
                                                                   41166
101-17--101-21 (Subchapter D Appendix)  Temporary Reg. D-74 added 
                                                                   36786
101-20.110  See Temp. Reg. D-74....................................36786
101-20.302  Revised..................................................129
101-20.307  Revised..................................................129
101-20.308  Revised..................................................130
101-20.315  Revised..................................................130
101-25.110  Revised................................................11848
101-25.110-2  Revised..............................................11848
101-25.110-4  Revised..............................................11848
101-25.113  Removed................................................11848
101-25.301  (a) revised............................................11848
101-25.302-2  (a) revised..........................................11848
101-25.302-3  (b)(6) removed.......................................11848
101-25.302-6  (c) note removed.....................................11848
101-25.402  Revised................................................11848
101-25.500  Revised................................................11848
101-25.502  (b) revised............................................11848
101-25.503  Introductory text revised..............................11849
101-25.4800--101-25.4801 (Subpart 101-25.48)  Removed..............11849
101-25.4900--101-25.4902-1473-1 (Subpart 101-25.49)  Removed.......11849
101-26  See Temp. Reg. E-90........................................29234
101-26.803-1  Revised..............................................26595
101-26.803-2  Revised..............................................26595
101-26.803-3  Added................................................26596
101-26.803-4  Added................................................26596
101-25--101-34 (Subchapter E Appendix)  Temporary Reg. E-90 added 
                                                                   29234
101-38  See Temp. Reg. G-48, Supp. 2...............................21821
101-40  See Temp. Reg. G-51........................................29046
101-40.206  Revised.................................................4623
101-41.101  Introductory text and (a) revised......................25165
101-41.103  Added..................................................25165
    (e) correctly added............................................26779
101-41.401  Heading and (a) revised................................25166
101-41.604-1  Introductory text revised............................25166
101-41.604-2  (b)(7) added.........................................25166
101-41.807-4  Added................................................16877
101-38--101-41 (Subchapter G Appendix)  Temp. Reg. G-49 removed.....4623
    Temporary Reg. G-48, Supp. 2 added.............................21822
    Temporary Reg. G-51 added......................................29046
    Temporary Reg. G-51 corrected..................................35410
    Temporary Reg. G-52 added......................................47191
    Temporary Reg. G-52 corrected..................................50157
101-42  Removed....................................................16089
101-43.000  Revised................................................16090
101-43.001  Revised................................................16090
101-43.001-1--101-43.001-15  Revised...............................16090
101-43.001-16--101-43.001-32  Revised..............................16091
101-43.001-33  Revised.............................................16092
101-43.002  Added..................................................16092
101-43.101--101-43.103 (Subpart 101-43.1)  Revised.................16092
101-43.301--101-43.315 (Subpart 101-43.3)  Revised.................16092
101-43.501--101-43.504 (Subpart 101-43.5)  Revised.................16102
101-43.4701  Revised...............................................16102
101-43.4801  (a), (b), (c) and (d) revised.........................16103
101-43.4802  Revised...............................................16105
101-43.4901-122-1  Revised.........................................16105
101-43.4902  Revised...............................................16106
101-43.4902-1539-1  Revised........................................16106
101-44.000  Revised................................................16106
101-44.001-4  Revised..............................................16106
101-44.001-9  Revised..............................................16106
101-44.001-13  Revised.............................................16106
101-44.001-14  Revised.............................................16106
101-44.002  Added..................................................16106
101-44.101  Revised................................................16106
101-44.102  Revised................................................16106
101-44.103  Removed................................................16107
101-44.104  Revised................................................16107
101-44.105  Revised................................................16107
101-44.106  Removed................................................16107
101-44.108-1  Revised..............................................16107
101-44.108-2  Revised..............................................16108
101-44.108-3  Removed..............................................16109
101-44.108-4  (a) revised..........................................16109

[[Page 614]]

101-44.108-9  Revised..............................................16109
101-44.108-10  Revised.............................................16110
101-44.109  Revised................................................16110
101-44.112  (a) revised............................................16111
101-44.114  (a) revised............................................16111
101-44.115  Revised................................................16111
101-44.116  (b) and (e) revised....................................16112
101-44.118  Revised................................................16112
101-44.119  Removed................................................16112
101-44.200  Revised................................................16112
101-44.201  Revised................................................16112
101-44.202  Heading, introductory text, (a), (c)(1) (i) and (ii), 
        (3) through (6), (8), (10) through (12), and (14) (iv) and 
        (v), and (d) revised; (c)(14)(vi) added....................16112
    (c)(5) revised.................................................47197
101-44.204  (b)(2) and (3)(iii) revised............................16114
101-44.205  (a), (b)(1), (c), (j) (2) and (4) and (k) revised......16114
101-44.206  (a) revised............................................16115
101-44.207  Introductory text, (a) (2) and (27), (b)(2)(vii), 
        (c)(14), (f)(1) (ii) and (iv) and (3), (h) and (i) revised
                                                                   16115
    (a)(12.1) and (18.1) added; (c) revised........................47197
101-44.208  (a) introductory text, (1), and (3), (c), (f)(6), (g), 
        (j) and (k)(1) revised.....................................16116
    (b) revised....................................................47198
101-44.403  Revised................................................16116
101-44.702-3  Revised..............................................16117
101-44.4701  (b) removed; (e) revised..............................16117
    (b) revised....................................................47198
101-44.4901-123  Revised...........................................16117
101-44.4901-123-1  Revised.........................................16117
101-44.4902-3040-1  Revised........................................16119
    Amended........................................................47198
101-45.000  Revised................................................16120
101-45.001-5  Revised..............................................16120
101-45.001-7  Revised..............................................16120
101-45.002  Added..................................................16120
101-45.102  Revised................................................16121
101-45.103-1  (e) revised..........................................16121
101-45.103-2  (e) revised..........................................16121
101-45.105-2  Revised..............................................16121
101-45.105-3  Revised..............................................16121
101-45.303-3  Revised..............................................16121
101-45.306  Revised................................................16121
101-45.309-2  (b) revised..........................................16121
101-45.309-6  Introductory text revised............................16122
101-45.309-7  Introductory text and (a) introductory text, (1) and 
        (2) revised................................................16122
101-45.309-9  (c) revised..........................................16122
101-45.316  Removed................................................16122
101-45.316-1--101-45.316-4  Correctly removed......................47534
101-45.500--101-45.506 (Subpart 101-45.5)  Removed.................16122
101-45.900--101-45.903 (Subpart 101-45.9)  Added...................16122
101-45.1000--101-45.1004-2 (Subpart 101-45.10)  Added..............16123
101-45.4701  Revised...............................................16125
101-45.4807  Removed...............................................16125
101-45.4901-291  Added.............................................16125
101-45.4902  (b) revised...........................................16125
101-46  Revised....................................................16125
101-47.103-5  Revised..............................................29893
101-47.200  Revised................................................29893
101-47.202-2  (b)(9) added.........................................29893
101-47.202-7  Revised..............................................29894
101-47.304-5  Revised..............................................29894
101-47.304-13  Added...............................................29894
101-49.001-5  Introductory text revised............................12767
101-49.101  (a) revised............................................12767
101-49.102  (b) revised............................................12767
101-49.104  Removed................................................12767
101-49.105  Revised................................................12767
101-49.107  Added..................................................12767
101-49.108  Revised................................................12767
101-49.201-1  (a) introductory text and (b) revised................12767
101-49.201-2  (a)(3) revised.......................................12767
101-49.202  (b) and (e) revised....................................12767
101-49.204  Revised................................................12768
101-49.301  (a) revised............................................12768
101-49.302  (a) and (b)(3) revised.................................12768
101-49.304  (b) and (e) revised; (f) and (g) added.................12768
101-49.307  Revised................................................12768
101-49.400  Revised................................................12768
101-50  Added; nomenclature change; eff. 10-1-88............19198, 19204
101-50.105  (w) added; eff. 10-1-88................................19198
101-50.500  Heading revised; eff. 10-1-88..........................19198

                                  1989

41 CFR
                                                                   54 FR
                                                                    Page
Chapter 101
101-1.101  Revised.................................................37652
101-1.103  Revised.................................................37652

[[Page 615]]

101-1.108  Revised.................................................37652
101-1.109  Revised.................................................37652
101-1.110  Revised.................................................37652
101-1.112  Revised.................................................37652
101-3.000  Revised.................................................38673
101-3.101  (b) revised; (c) added..................................38673
101-3.102  Revised.................................................38673
101-3.105  Revised.................................................38674
101-3.200--101-3.206 (Subpart 101-3.2)  Revised....................38674
101-3.207  Added...................................................38675
101-3.300--101-3.306 (Subpart 101-3.3)  Removed....................38675
101-3.4901  Revised................................................38675
101-3.4901-1166  Revised...........................................38675
101-3.4901-1166(I)  Revised........................................38675
101-3.4901-1166A  Removed..........................................38675
101-3.4901-1166A(I)  Removed.......................................38675
101-3.4901-1166A(I-A)  Revised.....................................38675
101-3.4901-1209  Revised...........................................38675
101-3.4901-1209(I)  Revised........................................38675
101-3.4901-1209A  Removed..........................................38675
101-3.4901-1209A(I)  Removed.......................................38675
101-6.1001  (a) revised............................................41215
101-6.1002  (c) revised............................................41215
101-6.1007  (b)(2) introductory text and (iii) revised.............41215
101-6.1008  (d) added..............................................41215
101-6.1009  (e), (h), and (i) revised; (j) and (k) added...........41215
101-6.1011  (a) and (b) revised; (c) added.........................41216
101-6.1015  (a)(1) revised.........................................41216
101-6.1035  (a) and (b) revised....................................41216
101-1--101-8 (Subchapter A Appendix)  Temporary Reg. A-31 added.......29
    Temporary Reg. A-27, Rev. 1, Supp. 1 added......................9213
    Temporary Reg. A-32 added......................................10543
    Temporary Reg. A-29, Supp. 1 removed...........................12197
    Temporary Reg. A-29, Supp. 2 added.............................12197
    Temporary Reg. A-33 added......................................12448
    Temporary Reg. A-30, Supp. 4 added.............................13189
    Temporary Reg. A-34 added......................................14652
    Temporary Reg. A-33 corrected..................................16194
    Temporary Reg. A-24, Rev. 1, and Supp. 1 removed...............20354
    Temporary Reg. A-30 and Supps. 3 and 4 removed.................20354
    Temporary Reg. A-31 removed....................................20354
    Removed........................................................20355
    Temporary Reg. A-29, Supp. 3 effective date extended to 9-30-
90.................................................................38675
    Temporary Reg. A-33 removed....................................41244
    Temporary Reg. A-32, Supp. 1 added; eff. to 11-9-90............47523
    Temporary Reg. A-33, Supp. 1 technical correction..............47750
101-17--101-21 (Subchapter D Appendix)  Temporary Reg. D-73, Supp. 
        1 added.....................................................6291
101-19.6  Appendix A amended.......................................12628
101-20.313  Revised................................................15757
101-25--101-34 (Subchapter E Appendix)  Temporary Reg. E-90, Supp. 
        1 added....................................................31030
101-38.101-3  (b) (1), (2), and (3) revised........................30892
101-38.102  Heading, (a) through (d), and (h) revised; (i) added 
                                                                   30893
101-38.104-1  (a) introductory text revised........................30894
101-38.104-3  Revised..............................................30894
101-38.104-4  (a) and (b) revised..................................30894
101-38.104-6  Revised..............................................30894
101-38.301-3  Added................................................30895
101-39.304  Revised................................................15757
101-40.001  Revised................................................46244
101-40.101-1  (a) revised..........................................46244
101-40.109-2  (a) and (b) revised..................................46244
101-40.202  Revised................................................46245
101-40.203-3  Revised..............................................46245
101-40.203-4  (a) revised..........................................46245
101-40.207  (b) revised............................................46245
101-41.002  (c) and (d) added......................................15941
101-41.006  Added..................................................15941
101-41.007  Added..................................................15941
101-41.104  Added..................................................15941
101-41.202  (h) added..............................................15943
101-41.202-2  Revised..............................................15943
101-41.202-5  (a) revised..........................................15943
101-41.4901-1170-1  Added..........................................15493
101-38--101-41 (Subchapter G Appendix)  Temporary Reg. G-53 added 
                                                                   15942
    Temporary Reg. G-52, Supp. 1 added.............................42803
    Temporary Reg. G-53 corrected..................................43425
    Corrected......................................................43890
101-44  Technical correction.......................................43521
101-44.4701  (c) removed; (d) revised..............................38676

[[Page 616]]

101-45  Technical correction.......................................43521
101-45.304-2  (a)(1)(i) and (c)(2)(iii) revised....................38676
101-45.310  Introductory text revised..............................38676
101-45.4702  Added.................................................38676
101-47.301-2  (a) revised..........................................12198
101-47.304-9  (a)(1) revised; (d) added............................12198
101-47.304-12  (a) and (b) revised.................................12198
101-47.312  Revised................................................41245
101-47.4911  Amended...............................................32445
101-42--101-49 (Subchapter H Appendix)  Temporary Reg. H-27 added 
                                                                   41099
101-50  Redesignated as 105-68 and heading revised; interim.........4962
    Technical correction............................................6363
    Redesignation table corrected..................................18506

                                  1990

41 CFR
                                                                   55 FR
                                                                    Page
Chapter 101
101-3.4901-1166A(I-A)  Correctly designated........................18702
101-1--101-8 (Subchapter A Appendix)  Temporary Reg. A-34, Supp. 1 
        added; eff. to 6-30-90......................................3740
    Temporary Reg. A-32 and Supp. 1 removed........................11018
    Temporary Reg. A-34 and Supp. 1 removed........................11018
101-17--101-21 (Subchapter D Appendix)  Temporary Reg. D-73, Supp. 
        2 added.....................................................8465
101-25.302-3  Revised..............................................33120
101-25.302-4  Removed..............................................33120
101-25.302-6  Revised..............................................33120
101-25.403  (a) introductory text and (c)(4) revised...............33120
101-25.502-2  (b) revised; (c) added...............................33121
101-25.503  Removed................................................33121
101-25.504  (a) and (c) revised; (d) and (d) chart removed.........33121
101-25--101-34 (Subchapter E Appendix)  Temporary Reg. E-90, Supp. 
        2 added....................................................33309
101-26.803-1  Revised..............................................24086
101-26.803-2  (j) revised..........................................24086
101-26.803-3  (a)(1) and (b) revised...............................24086
101-26.803-4  Revised..............................................24086
101-37--101-41 (Subchapter G Appendix)  Temporary Reg. G-48, Supp. 
        3 added; eff. to 6-30-91...................................32626
    Temporary Reg. G-53 Supp. 1 added; eff. to 4-20-91.............32627
101-45.304-2  (b) revised..........................................17609
101-45.304-12  Revised.............................................17610
101-45.309-12  Added...............................................19737
101-45.903  (c) and (d) revised.....................................6984
101-46.303  Revised................................................17611
101-47.303-4  (a) and (b) revised..................................41189
101-49.001-5  Introductory text revised.............................3953

                                  1991

41 CFR
                                                                   56 FR
                                                                    Page
Chapter 101
101-1--101-8 (Subchapter A Appendix)  Temporary Reg. A-27 and 
        Supp. 1 removed.............................................5356
101-5  Heading revised.............................................33873
101-5.000  Revised.................................................33873
101-5.101  Revised.................................................33873
101-5.102  Revised.................................................33873
101-5.104-1  Revised...............................................33873
101-5.104-2  (b) revised...........................................33874
101-5.104-3  (a) revised...........................................33874
101-5.105  (a) revised.............................................33874
101-5.106  (a) and (b) revised.....................................33874
101-5.200--101-5.205-4 (Subpart 101-5.2)  Heading revised..........33874
101-5.200  Revised.................................................33874
101-5.202  Heading and (a) revised.................................33874
101-5.203  Heading revised.........................................33874
101-5.203-1  Revised...............................................33874
101-5.203-2  Revised...............................................33874
101-5.203-5  Revised...............................................33874
101-5.203-6  (a), (c) and (d) revised..............................33875
101-5.203-7  Revised...............................................33875
101-5.204  Heading revised.........................................33875
101-5.204-1  Revised...............................................33875
101-5.204-2  Revised...............................................33875
101-5.204-3  Revised...............................................33875
101-5.205-1  Revised...............................................33875
101-5.205-2  Revised...............................................33875
101-5.205-3  Heading, introductory text, (a) and (c) revised.......33875
101-5.205-4  Revised...............................................33876
101-16--101-21 (Subchapter D Appendix)  Temporary Reg. D-75 added 
                                                                   42162

[[Page 617]]

    Temporary Reg. D-73 and Supp. 2 removed; Temporary Reg. D-76 
added..............................................................42168
101-26.000  Revised................................................12455
101-26.100-1  Revised..............................................12455
101-26.100-2  Revised..............................................12455
101-26.100-3  Revised..............................................12456
101-26.102-1  Revised..............................................12456
101-26.105  Revised................................................12456
101-26.107  Revised................................................12456
101-26.301  Revised................................................12457
101-26.302  Revised................................................12457
101-27.502  (a), (c) and (d) revised...............................11939
101-27.503  Revised................................................11939
101-27.503-1  Removed..............................................11939
101-27.503-2  Removed..............................................11939
101-27.504  Revised................................................11939
101-27.505  (a)(1) revised.........................................11939
101-33  Authority citation revised.................................21310
101-33.202  Revised................................................21311
101-37--101-41 (Subchapter G)  Heading revised......................5356
101-37  Added.......................................................5356
101-39.000  Revised................................................59887
101-39.003  (b) revised............................................59887
101-39.004  Revised................................................59887
101-39.100  (e) and (f) revised....................................59887
101-39.101  Introductory text and (a) revised......................59887
101-39.102  (a) revised............................................59887
101-39.102-1  (b) revised..........................................59887
101-39.104-1  Heading, (a) and (b)(2) revised......................59887
101-39.105  Revised................................................59888
101-39.105-2  (a) revised..........................................59888
101-39.106  Introductory text revised..............................59888
101-39.107  (a) and (b) revised....................................59888
101-39.200--101-39.208 (Subpart 101-39.2)  Heading revised.........59888
101-39.200  Revised................................................59888
101-39.201  Revised................................................59888
101-39.202  Revised................................................59888
101-39.203  Revised................................................59888
101-39.204  Revised................................................59888
101-39.205  Removed................................................59889
101-39.206  Revised................................................59889
101-39.207  Revised................................................59889
101-39.208  Revised................................................59890
101-39.300--101-39.307 (Subpart 101-39.3)  Heading revised.........59890
101-39.300  Revised................................................59890
101-39.301  Introductory text and (d) revised......................59890
101-39.302  Revised................................................59890
101-39.303  Revised................................................59890
101-39.304  Revised................................................59890
101-30.305  Revised................................................59890
101-39.306  Introductory text, (d), (g)(1), (2) and (4) revised....59891
101-39.307  Revised................................................59891
101-39.400  Revised................................................59891
101-39.401  Introductory text, (a) introductory text, (1), (b) and 
        (c) revised................................................59891
101-39.402  Revised................................................59891
101-39.403  (a), (c) and (d) revised...............................59891
101-39.404  Revised................................................59891
101-39.405  Revised................................................59891
101-39.406  Revised................................................59892
101-39.4900--101-39.4901 (Subpart 101-39.49)  Revised..............59892
101-41.807-4  Heading, (a) and (b) revised.........................40259
101-37--101-41 (Subchapter G Appendix)  Temporary Reg. G-54 added 
                                                                   33876
    (Subchapter G Appendix)  Temporary Reg. G-48, Supp. 4 added; 
effective to 6-30-92...............................................65445
101-42--101-49 (Subchapter H Appendix)  Temporary Reg. H-27 
        removed; interim...........................................23794
101-47  Authority citation revised.................................23794
101-47.202-2  (b)(10) added........................................15048
101-47.203-7  (h) added............................................15048
101-47.304-14  Added...............................................15048
101-47.307-2  (d) added............................................15049
101-47.601  (a) revised............................................56935
101-47.602  (a) revised............................................56936
101-47.603  (b) revised............................................56936
101-47.604  Heading, (a) and (g) revised...........................56936
101-47.901--101-47.912 (Subpart 101-47.9)  Added; interim...23794, 23795
101-47.903  Effective date pending..........................23794, 23795
101-48.001-3  Revised..............................................40260
101-48.001-10  Added...............................................40260
101-48.100  Revised................................................40260
101-48.101-2  (d) added............................................40260
101-48.101-4  (a) and (c) revised..................................40260
101-48.101-5  (a) introductory text, (1), (c) introductory text, 
        (d)(1), (5), (6) and (e) revised; (d)(7) added.............40260

[[Page 618]]

101-48.101-6  (a) and (d) revised; (f) redesignated as (g) and 
        revised; new (f) added.....................................40261
101-48.101-7  (a) revised..........................................40261
101-48.101-8  (a) revised..........................................40261
101-48.101-9  Revised..............................................40261
101-48.102-2  (b) revised..........................................40261
101-48.102-3  Revised..............................................40261
101-48.201-2  Revised..............................................40261
101-48.201-3  Revised..............................................40261
101-48.201-4  Revised..............................................40262
101-48.201-5  Revised..............................................40262
101-48.202  Added..................................................40262
101-48.302  (b) revised............................................40262
101-48.304  Redesignated as 101-48.305; new 101-48.304 added.......40262
101-48.305  Redesignated as 101-48.306; new 101-48.305 
        redesignated from 101-48.304 and revised...................40262
101-48.305-1  Redesignated as 101-48.306-1.........................40262
101-48.305-2  Redesignated as 101-48.306-2.........................40262
101-48.306  Redesignated from 101-48.305 and revised...............40262
101-48.306-1  Redesignated from 101-48.305-1 and revised...........40262
101-48.306-2  Redesignated from 101-48.305-2 and revised...........40262

                                  1992

41 CFR
                                                                   57 FR
                                                                    Page
Chapter 101
101-2.102  (a) revised.............................................56993
101-14  Removed....................................................37714
101-16--101-21 (Subchapter D Appendix)  Temporary Reg. D-75, Supp. 
        1 added....................................................46317
    Temporary Reg. D-76, Supp. 1 added.............................56994
101-21.000  Revised................................................44693
101-21.001  Revised................................................44693
101-21.002  Revised................................................44693
101-21.003  Revised................................................44693
101-21.003-1  Revised..............................................44693
101-21.003-2  Revised..............................................44694
101-21.003-3  Revised..............................................44694
101-21.003-4  Revised..............................................44694
101-21.003-5  Revised..............................................44694
101-21.101--101-21.102 (Subpart 101-21.1)  Revised.................44694
101-21.200--101-21.207 (Subpart 101-21.2)  Revised.................44694
101-21.300--101-21.303 (Subpart 101-21.3)  Revised.................44694
101-21.400--101-21.402 (Subpart 101-21.4)  Revised.................44695
101-21.501--101-21.502 (Subpart 101-21.5)  Revised.................44695
101-21.600--101-21.606 (Subpart 101-21.6)  Revised.................44696
101-26.102.3  Introductory text, (b) and (c) revised................3949
101-26.104  (b) revised.............................................3949
101-26.501  Revised................................................47777
101-26.501-1  (a) revised..........................................47777
101-26.501-2  Revised..............................................47777
101-26.501-3  Revised..............................................47777
101-26.501-4  Revised..............................................47778
101-26.501-5  Revised..............................................47778
101-26.501-6  (b) and (c) revised..................................47778
101-26.501-7  Revised..............................................47779
101-26.501-8  Removed..............................................47779
101-26.602  (a) revised............................................21895
101-26.602-5  Added................................................21895
101-26.4800--101-26.4801 (Subpart 101-26.48)  Removed...............3950
101-33.002  (d) added..............................................21895
101-33.003  Revised................................................21896
101-34  Heading revised............................................59936
101-34.000  Revised................................................59936
101-34.001  Revised................................................59936
101-34.002  Removed................................................59936
101-34.003  Removed................................................59936
101-34.100--101-34.105 (Subpart 101-34.1)  Heading revised.........59936
101-34.100  Revised................................................59936
101-34.101  Revised................................................59936
101-34.102  Revised................................................59936
101-34.103  Removed................................................59936
101-34.104  Removed................................................59936
101-34.105  Removed................................................59936
101-34.200 (Subpart 101-34.2)  Removed.............................59936
101-37  Authority citation revised.................................48329
101-37.000  Revised................................................48329
101-37.1100  Revised...............................................48329
101-37.1101  Revised...............................................48329
101-37.1102  Added.................................................48329
101-37.1104  Added.................................................48329
101-37.1105  Heading, introductory text, (a)(6) and (7) 
        introductory text revised..................................48330
101-37.1106  Added.................................................48330
101-37.1107  Added.................................................48331
101-37.1108  Added.................................................48331
101-38.202-4  Revised..............................................24760
    Revised........................................................60132

[[Page 619]]

101-38.204-1  (e) through (t) redesignated as (f) through (u); new 
        (i), (j) and (l) revised; new (e) and (v) added............53282
101-38.500  Revised................................................53283
101-38.501  Revised................................................53283
101-38.502  Revised................................................53283
101-38.503  Redesignated as 101-38.504; new 101-38.503 added.......53283
101-38.504  Redesignated from 101-38.503 and revised...............53283
101-38.701  Revised................................................24762
101-37--101-41 (Subchapter G Appendix)  Temporary Reg. G-55 added 
                                                                    4373
    Temporary Reg. G-54, Supp. 1 added; effective to 11-15-92......26607
    Temporary Reg. G-56 added......................................46985
101-42  Added......................................................39121
101-43.000  Revised................................................39135
101-43.001-3  Removed..............................................39135
101-43.001-22  Removed.............................................39135
101-43.305  Revised................................................39135
101-43.307-2  Revised..............................................39136
101-43.307-8  Removed..............................................39136
101-43.307-11  Removed.............................................39136
101-43.311-4  Added................................................39136
101-44.000  Revised................................................39136
101-44.108-1  Revised..............................................39136
101-44.108-4  Removed..............................................39136
101-44.108-8  Removed..............................................39136
101-44.108-10  Removed.............................................39136
101-44.700  (b) revised............................................39136
101-44.702-3  Revised..............................................39136
101-45.000  Revised................................................39137
101-45.001-3  Removed..............................................39137
101-45.303-3  (c) revised; (d) added...............................32446
101-45.304-6  Revised..............................................29805
101-45.309-2  Revised..............................................39137
101-45.309-4  Removed..............................................39137
101-45.309-6  Removed..............................................39137
101-45.309-7  Removed..............................................39137
101-45.309-11  Removed.............................................39137
101-45.309-13  Added...............................................34253
101-45.900  Revised................................................39137
101-45.903  Removed................................................39137
101-45.4809  Removed...............................................39137
101-45.4901-97  Revised............................................32447
101-45.4901-97A  Removed...........................................32447
101-46.000  Revised................................................39137
101-46.202  (b)(6) revised; (b)(7) added...........................39137
101-48.000  Revised................................................39137
101-49.108  Revised................................................39137

                                  1993

41 CFR
                                                                   58 FR
                                                                    Page
Chapter 101
101-18  Authority citation revised.................................40592
101-18.000--101-18.001  (Subpart 101-18.0)  Added..................40592
101-18.100--101-18.106  (Subpart 101-18.1)  Revised................40592
101-16--101-21  (Subchapter D)  appendix amended...................52918
101-26.107  Revised................................................41637
101-37.400--101-37.403 (Subpart 101-37.4)  Heading revised.........53660
101-37.400  Revised................................................53660
101-37.401  Revised................................................53660
101-37.402  Revised................................................53661
101-37.403  Added..................................................53661
101-37.404  Added..................................................53661
101-37.405  Added..................................................53662
101-37.406  Added..................................................53662
101-37.407  Added..................................................53662
101-37.408  Added..................................................53662
101-38.100--101-38.104-8 (Subpart 101-38.1)  Heading revised.......65288
101-38.100  (a) revised............................................65288
101-38.101  Revised................................................65288
101-38.101-1  Redesignated as 101-38.102...........................65289
101-38.101-2  Redesignated as 101-38.103...........................65289
101-38.101-3  Redesignated as 101-38.104...........................65289
101-38.102  Redesignated as 101-38.105; new 101-38.102 
        redesignated from 101-38.101-1.............................65289
101-38.103  Redesignated as 101-38.106; new 101-38.103 
        redesignated from 101-38.101-2 and revised.................65289
101-38.103-1  Removed..............................................65288
101-38.104  Removed................................................65288
    Redesignated from 101-38.101-3 and revised.....................65289
101-38.104-1  Removed..............................................65288
101-38.104-2  Removed..............................................65288
101-38.104-3  Removed..............................................65288
101-38.104-4  Removed..............................................65288
101-38.104-5  Removed..............................................65288
101-38.104-6  Removed..............................................65288
101-38.104-7  Removed..............................................65288
101-38.104-8  Removed..............................................65288
101-38.105  Redesignated from 101-38.102...........................65289
    Revised........................................................65290
101-38.106  Redesignated from 101-38.103...........................65289

[[Page 620]]

    Revised........................................................65291
101-38.601  Revised; OMB number....................................65291
101-39.300  (d) redesignated as (e); new (d) added.................63532
101-39.301  Introductory text revised..............................63533
101-39.306  (g) revised............................................65291
101-39.401  (b) and (c) revised....................................65291
101-39.403  (b) removed; (c) and (d) redesignated as (b) and (c) 
        and revised................................................65291
101-40  Authority citation revised.................................53889
101-40.202  Revised................................................48972
101-40.203  Heading revised........................................53889
101-40.203-1  Revised..............................................48972
101-40.205  Revised................................................53889
101.41  Temporary Reg. G-57 added..................................39664
101-44.207  (a)(18.1) revised......................................39666
101-49.001-5  Introductory text revised............................46089

                                  1994

41 CFR
                                                                   59 FR
                                                                    Page
Chapter 101
101-6.5  Added.....................................................21945
101-6.600--101-6.605 (Subpart 101-6.6)  Added......................54531
101-9  Added.......................................................62601
101-17--101-21 (Subchapter D  Appendix) Temporary Reg. D-76 added 
                                                                   50508
101-34  Removed....................................................15119
101-37.1200----101.37.1214  (Subpart 101-37.12)  Added.............27486
101-38.202-4  Revised..............................................41410
101-38.402  (a)  revised............................................5962
101-38.800--101-38.801 (Subpart 101-38.8)  Heading revised.........41411
101-38.800  Revised................................................41411
101-38.801  Revised................................................41411
101-38.4900  Revised...............................................41411
101-38.4901  Revised...............................................41411
101-38.4902  Removed...............................................41411
101-37--101-41 (Subchapter G  Appendix) Temporary Reg. G-57 added 
                                                                   41412
    Temporary Reg. G-54 added......................................42514
    Temporary Reg. G-56 amended; eff. date extended to 3-31-96.....15636
101-45.001  Removed; new 101-45.001 redesignated from 101-45.002 
                                                                   50696
101-45.001-1  Removed..............................................50696
101-45.001-2  Removed..............................................50696
101-45.001-3  Removed..............................................50696
101-45.001-4  Removed..............................................50696
101-45.001-5  Removed..............................................50696
101-45.001-6  Removed..............................................50696
101-45.001-7  Removed..............................................50696
101-45.002  Redesignated as 101-45.001.............................50696
101-45.103-1  Revised..............................................50696
101-45.103-2  Revised..............................................50697
101-45.103-3  Added................................................50697
101-45.103-4  Added................................................50697
101-45.105-3  Revised..............................................50697
101-45.301  Removed................................................50697
101-45.303  Introductory text revised..............................50697
101.45.304-3  Removed..............................................50697
101-45.304-6  Revised..............................................50697
101-45.304-7  (a)(4) removed; (c) revised..........................50697
101-45.304-8  Introductory text and (a) revised....................50697
101-45.400--101-45.402 (Subpart 101-45.4)  Added...................60561
101-45.4701  Revised...............................................50698
101-45.4802  Revised...............................................26739
101-45.4803  Revised...............................................26739
101-46.001  Removed; new 101-46.001 redesignated from 101-46.002 
                                                                   50698
101-46.001-1  Removed..............................................50698
101-46.001-2  Removed..............................................50698
101-46.001-3  Removed..............................................50698
101-46.001-4  Removed..............................................50698
101-46.001-5  Removed..............................................50698
101-46.002  Redesignated as 101-46.001.............................50698
101-46.202  (b)(1)(iii) revised....................................50698
101-46.300  Revised................................................50698
101-46.305  Revised................................................50698

                                  1995

41 CFR
                                                                   60 FR
                                                                    Page
Chapter 101
101-17--101-21 (Subchapter D  Appendix) Temporary Reg. D-76, Supp. 
        4 added; eff. to 11-26-95..................................45085
101-20.107  (c)(1) and (e) revised.................................17653
101-26.401--101-26.408-5 (Subpart 101-26.4)  Heading revised; 
        sections removed...........................................19675
101-26.406-7  Redesignated as 101-26.502...........................19674

[[Page 621]]

101-26.408-4  (c) redesignated as 101-26.503.......................19675
101-26.502  Redesignated from 101-26.406-7 and revised.............19674
101-26.503  Redesignated from 101-26.408-4(c) and revised..........19675
101-26.507  Revised................................................19675
101-26.507-3  Revised..............................................19675
101-37--101-41 (Subchapter G  Appendix) Temporary Reg. G-54, Rev. 
        1 added.....................................................7129
    (Subchapter G  Appendix) Temporary Reg. G-57 and G-57 Supp. 1 
removed............................................................56248
101-37.100 (Subpart 101-37.1)  Revised..............................3548
101-37.200--101-37.205 (Subpart 101-37.2)  Revised..................3550
101-37.300--101-37.305 (Subpart 101-37.3)  Revised..................3552
101-37.401  Removed.................................................3552
101-37.404  Revised.................................................3552
101-37.408  Revised.................................................3553
101-37.500--101-37.506 (Subpart 101-37.5)  Revised..................3553
101-37.1101  Removed................................................3554
101-41.203-1  Heading and (a) revised..............................56247
101-41.203-2  Revised..............................................56247
101-47  Authority citation revised.................................35706
101-47.203-5  (b) and (c) revised..................................35706
101-47.204-1  (a) and (b) revised..................................35706
101-47.303-2  (d), (f) and (g) revised.............................35707
101-47.308-2  (a) revised..........................................35707
101-47.308-10  Added...............................................35707
101-47.4905  Revised...............................................35708
101-47.4906  Revised...............................................35710

                                  1996

41 CFR
                                                                   61 FR
                                                                    Page
Chapter 101
101-11 (Subchapter B)  Added; interim; eff. 8-8-96 through 12-31-
        97.........................................................41001
101-17--101-21 (Subchapter D  Appendix) Temporary Reg. D-1 added; 
        interim; eff. to 3-7-97.....................................9111
101-20.109  (d) added...............................................2122
101-20.204  (c)(3) revised..........................................2122
101-20.309  Revised.................................................2122
101-25.301  (a) revised............................................14978
101-25.302-2  (d) revised..........................................14978
101-25.302-3  Removed..............................................14978
101-25.302-6  Removed..............................................14978
101-25.302-7  Revised..............................................14978
101-25.403  Removed................................................14978
101-25.404-1  Revised..............................................14978
101-35 (Subchapter F)  Added; interim; eff. 8-8-96 through 8-8-98 
                                                                   41003
101-43.000  Revised; eff. 8-8-96 through 12-31-97..................41353
101-43.600--101-43.603 (Subpart 101-43.6)  Added; eff. 8-8-96 
        through 12-31-97...........................................41353
101-43.4801  (c) removed; (d), (e) and (f) redesignated as (c), 
        (d) and (e); eff. 8-8-96 through 12-31-97..................41354
101-46.201-2  (a) amended; eff. 8-8-96 through 12-31-97............41355
101-49.001-5  Introductory text revised............................60034

                                  1997

41 CFR
                                                                   62 FR
                                                                    Page
Chapter 101
101-11 (Subchapter B)  Regulation at 61 FR 41001 eff. date 
        extended to 12-31-98; interim..............................58922
101-17--101-21 (Subchapter D  Appendix) Temporary Reg. D-1 added; 
        interim....................................................42070
101-20.106-1  (b), (c) and (e) revised..............................1057
101-21.604  (d) through (h) revised; (i) added; interim............27973
101-37.100  Amended................................................43472
101-37.600--101-37.610 (Subpart 101-37.6)  Added...................43472
101-38  Heading revised..............................................324
    Heading correctly revised......................................31740
101-38.001-19  Revised...............................................324
101-38.104  (b)(2), (3) and (4)(ii)(A) through (E) revised...........324
    (b)(3) table corrected.........................................31740
101-38.105  (a), (e), (h) and (i) revised............................325
101-38.106  Removed..................................................326
101-38.200  (f) and (g) revised......................................326
101-38.202-2  (b)(1) revised.........................................326
101-38.202-4  Revised................................................326
101-38.202-5  Revised................................................327
101-38.204-1  (h) through (v) redesignated as (k) through (y); 
        (b), (d), new (n), new (v), new (w) and new (x) revised; 
        new (h), new (i) and new (j) added...........................327

[[Page 622]]

101-38.204-4  Revised................................................327
101-38.301  Revised..................................................327
101-38.401-1  Introductory text removed; (a) introductory text 
        revised; (c) redesignated as (b).............................328
    (b) correctly removed..........................................31740
101-38.401-2  Introductory text revised; (a) through (d) removed 
                                                                     328
101-38.402  (a) revised..............................................328
101-38.504  Revised..................................................328
101-38.701  (a)(1) revised...........................................328
101-38.800  (f) revised..............................................328
101-38.903  (a) and (b)(1) revised...................................328
101-42--101-49 (Subchapter H  Appendix) Temporary Reg. H-29 eff. 
        date extended to 1-15-99...................................68217
101-43.000  Regulation at 61 FR 41353 eff. date extended to 12-31-
        98.........................................................68217
101-43.600--101-43.603 (Subpart 101-43.6)  Regulation at 61 FR 
        41353 eff. date extended to 12-31-98.......................68217
101-43.4701  (a) removed; (c) introductory text revised............34012
101-43.4801  Regulation at 61 FR 41354 eff. date extended to 12-
        31-98......................................................68217
101-43.4901-121  Removed...........................................34013
101-43.4901-121-1  Removed.........................................34013
101-44.4701  (a) removed...........................................34013
101-45.1002  Revised...............................................34013
101-45.1002-2  Removed.............................................34013
101-45.1002-3  Revised.............................................34013
101-45.1004-1  (a) introductory text revised.......................34013
101-45.4701  Removed...............................................34013
101-45.4901-291  Removed...........................................34013
101-46.000  Revised................................................33752
101-46.001  Revised................................................33752
101-46.201-2  (a) revised..........................................34013
101-46.202  (a) revised............................................33752
    (c)(10) revised................................................34013
101-46.203  (b) revised............................................34013
101-46.301  Removed................................................34013
101-46.305  Removed................................................34013
101-49.201-1  (a)(11) added........................................28369
101-49.201-2  (a) revised..........................................28369
101-49.202  (a) revised............................................28369
101-49.203  Revised................................................28369
101-42--101-49 (Subchapter H  Appendix) Temporary Reg. H-29 added; 
        eff. to 1-15-98.............................................2022
    Temporary Reg. H-29 eff. date extended to 1-15-99

                                  1998

41 CFR
                                                                   63 FR
                                                                    Page
Chapter 101
101-20.105-3  Revised..............................................35846
101-35 (Subchapter F)  Regulation at 61 FR 41003 eff. date 
        extended to 8-8-99; interim................................27682
101-37.1100--101-37.1109 (Subpart 101-37.11)  Revised..............43638
101-42--101-49 (Subchapter H  Appendix) Temporary Reg. H-30 added; 
        eff. to 2-21-2000...........................................8352
101-43.000  Revised................................................41433
101-43.600--101-43.603 (Subpart 101-43.6)  Removed.................41433
101-43.4801  (d) revised; (e) amended..............................40058
    (c) removed; (d) and (e) redesignated as (c) and (d); new (c) 
table amended......................................................41433
    Regulation at 63 FR 40058 withdrawn............................65710
101-44.400--101-44.403 (Subpart 101-44.4)  Revised.................56090
101-46  Revised.....................................................5893

                                  1999

41 CFR
                                                                   64 FR
                                                                    Page
Chapter 101
101-11  Regulation at 61 FR 41001 eff. date extended to 12-31-99 
                                                             2858, 60349
101-25.500 (Subpart 101-25.5)  Revised.............................34734
101-31.200 (Subpart 101-31.2)  Revised.............................34734
101-35  Authority citation revised.................................32197
101-35 (Subchapter F)  Regulation at 61 FR 41003 effective date 
        extended through 8-8-00....................................38588
101-35.700--101-35.725 (Subpart 101-35.7)  Added...................32198
101-38  Revised....................................................59593
101-38.105  (g) removed; (h) and (i) redesignated as (g) and (h) 
                                                                   34734
101-42.1102-10  (a) and (b) revised................................40772
101-43.304-2  (b) revised..........................................40773

[[Page 623]]

101-43.305  Heading and (b)(2) revised.............................40773
101-43.4801  Revised...............................................40773
101-47  Authority citation revised.................................31732
101-47.103-4  Removed...............................................5615
101-47.203-5  (b) and (c) revised...................................5615
101-47.204-1  (a) amended; (b) and (c) revised......................5616
101-47.303-2  (e), (f) and (g) revised..............................5616
101-47.303-4  (c) revised; (d) added...............................31732
101-47.308-5  Removed...............................................5617
101-47.308-6  Revised...............................................5617
101-47.308-9  Heading, (a) through (g), (j) and (k) revised.........5618
101-47.4905  Amended................................................5619
101-47.4906  Amended................................................5619
101-49.001-5  Introductory text revised............................13701
101-42--101-49 (Subchapter H  Appendix) Temporary Reg. H-29 eff. 
        date extended to 1-15-00....................................1139
    Temporary Reg. H-29 eff. date extended to 7-31-00..............72570

                                  2000

41 CFR
                                                                   65 FR
                                                                    Page
Chapter 101
101-2  Removed.....................................................64372
    Technical correction...........................................66588
101-4  Added................................................52865, 52891
101-4.105  Amended.................................................52891
101-4.605  Added...................................................52891
101-6.400 (Subpart 101-6.4)  Revised...............................54966
101-35  Regulation at 61 FR 41003 eff. date extended to 8-8-01.....48393
101-40  Revised....................................................60060
101-41  Revised....................................................24568
101-43  Revised....................................................31218
101-45.900 (Subpart 101-45.9)  Revised.............................63549
101-49  Revised....................................................45539

                                  2001

    (Regulations published from January 1, 2001 through July 1, 2001)

41 CFR
                                                                   66 FR
                                                                    Page
Chapter 101
101-6.000--101-6.4902 (Subpart 101-6)  Authority citation revised 
                                                                    5358
101-6.300  (g) added................................................5358
101-6.600  Existing text designated as (a); (b) added...............5358
101-17.0 (Subpart 101-17)  Revised..................................5358
101-18.000--101-18.203 (Subpart 101-18)  Authority citation 
        revised.....................................................5358
101-18.000  Existing text designated as (a); (b) added..............5358
101-19.000--101-19.607 (Part 101-19)  Authority citation revised 
                                                                    5358
101-19.000  Existing text designated as (a); (b) added..............5358
101-20.000--101-20.502 (Part 101-20)  Authority citation revised 
                                                                    5359
101-20.000  Existing text designated as (a); (b) added..............5359
101-20.102  (e) removed; interim...................................23169
101-21  Revised; interim...........................................23169
101-16--101-21 (Subchapter D)  Appendix amended.....................5359
101-33.000--101-33.306 (Part 101-33)  Authority citation revised 
                                                                    5359
101-33.000  Existing text designated as (a); (b) added..............5359
101-47.000--101-47.4914 (Part 101-47)  Authority citation revised 
                                                                    5359
101-47.000  Existing text designated as (a); (b) added..............5359