[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

   

                    41


          Chapter 101

                         Revised as of July 1, 2003

Public Contracts and Property Management





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2003
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
  Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area 
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      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



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                            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........................     255
      Alphabetical List of Agencies Appearing in the CFR......     273
      List of CFR Sections Affected...........................     283



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

                     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.

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

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                               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, 2003), 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.

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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, 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 202-741-6000 
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 toll free, 
866-512-1800, or DC area, 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.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

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

July 1, 2003.



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                               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, 2003.

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[[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

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       Subtitle C--Federal Property Management Regulations System

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          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..          10
101-5           Centralized services in Federal buildings 
                    and complexes...........................          26
101-6           Miscellaneous regulations...................          32
101-8           Nondiscrimination in Federal financial 
                    assistance programs.....................          51
101-9           Federal mail management.....................          67
       SUBCHAPTER B--MANAGEMENT AND USE OF INFORMATION AND RECORDS
101-11          Federal records, interagency reports, and 
                    standard and optional forms.............          68
                     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.........          69
101-18          Acquisition of real property................          69
101-19          Construction and alteration of public 
                    buildings...............................          69
101-20          Management of buildings and grounds.........          69
101-21          Federal Buildings Fund......................          69
Appendix to Subchapter D--Temporary Regulations.............          69
                  SUBCHAPTER E--SUPPLY AND101-22--101-24  [Reserved]
                                          101-22--101-24  [Reserved]
101-25          General.....................................          70
101-26          Procurement sources and program.............          83
101-27          Inventory management........................         116

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101-28          Storage and distribution....................         126
101-29          Federal product descriptions................         131
101-30          Federal catalog system......................         137
101-31          Inspection and quality control..............         151
101-32          [Reserved]
101-33          Public utilities............................         152
101-34          [Reserved]

Appendix to Subchapter E--Temporary Regulations [Reserved]
                         SUBCHAPTER F [RESERVED]
       SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES
101-37          Government aviation administration and 
                    coordination............................         153
101-38          Motor vehicle management....................         160
101-39          Interagency fleet management systems........         160
101-40          Transportation and traffic management.......         175
101-41          Transportation documentation and audit......         175
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................................         176
101-43          Utilization of personal property............         200
101-44          Donation of surplus personal property.......         200
101-45          Sale, abandonment, or destruction of 
                    personal property.......................         200
101-46          Replacement of personal property pursuant to 
                    the exchange/sale authority.............         241
101-47          Utilization and disposal of real property...         241
101-48          Utilization, donation, or disposal of 
                    abandoned and forfeited personal 
                    property................................         242
101-49          Utilization, donation, and disposal of 
                    foreign gifts and decorations...........         252
Appendix to Subchapter H--Temporary Regulations [Reserved]

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                          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

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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




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

    Source: 66 FR 55594, Nov. 2, 2001, unless otherwise noted.



Sec. 101-3.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on annual real property inventories previously 
contained in this part, see FMR part 84 (41 CFR part 102-84).

[[Page 10]]



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.
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.

[[Page 11]]

    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:
    (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

[[Page 12]]

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).
    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

[[Page 13]]

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 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,

[[Page 14]]

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. 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.

[[Page 15]]

    (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.
    (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

[[Page 16]]

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 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:

[[Page 17]]

    (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
    (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

[[Page 18]]

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 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.

[[Page 19]]



 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;
    (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,

[[Page 20]]

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, 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,

[[Page 21]]

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.
    (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.

[[Page 22]]

    (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 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

[[Page 23]]

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 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.

[[Page 24]]

    (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;
    (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:

[[Page 25]]

    (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 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,

[[Page 26]]

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 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--[Reserved]

            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 27]]

           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 28]]

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 29]]

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]

Subpart 101-5.2--[Reserved]

[[Page 30]]



            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 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

[[Page 31]]

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 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

[[Page 32]]

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

                      Subpart 101-6.3--Ridesharing

101-6.300  Cross-reference to the Federal Management Regulation (FMR) 41 
          CFR chapter 102 parts 1 through 220.

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

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

         Subpart 101-6.10--Federal Advisory Committee Management

101-6.1001  Cross-reference to the Federal Management Regulation (FMR) 
          (41 CFR chapter 102, parts 102-1 through 102-220).

[[Page 33]]

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?
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

[[Page 34]]

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 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,

[[Page 35]]

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 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

[[Page 36]]

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 
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.

[[Page 37]]

    (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 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

[[Page 38]]

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 
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,

[[Page 39]]

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]



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

[[Page 40]]

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 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

[[Page 41]]

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.



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.

[[Page 42]]



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, 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

[[Page 43]]

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 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]

[[Page 44]]



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 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

[[Page 45]]

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 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

[[Page 46]]

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

    Source: 67 FR 76882, Dec. 13, 2002, unless otherwise noted.



Sec. 101-6.300  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220.

    For information on Federal facility ridesharing, see FMR part 102-74 
(41 CFR part 102-74).

[[Page 47]]



 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

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

    Source: 67 FR 76882, Dec. 13, 2002, unless otherwise noted.



Sec. 101-6.600  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220.

    For information on fire protection (firesafety) engineering, see FMR 
part 102-74 (41 CFR part 102-74) and FMR part 102-80 (41 CFR part 102-
80).

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: 66 FR 37733, July 19, 2001, unless otherwise noted.

[[Page 48]]



Sec. 101-6.1001  Cross-reference to the Federal Management Regulation (FMR) 
(41 CFR chapter 102, parts 102-1 through 102-220).

    For Federal advisory committee management information previously 
contained in this subpart, see FMR part 102-3 (41 CFR part 102-3).

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).



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;

[[Page 49]]

    (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 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.

[[Page 50]]



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 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.

[[Page 51]]

    (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.



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.

[[Page 52]]

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 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

[[Page 53]]

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 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:

[[Page 54]]

    (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.
    (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.

[[Page 55]]

    (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.



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

[[Page 56]]

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 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

[[Page 57]]

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 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.

[[Page 58]]


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. 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

[[Page 59]]

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 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

[[Page 60]]

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.



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

[[Page 61]]

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.



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.

[[Page 62]]

    (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), 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.

[[Page 63]]

    (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
    (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

[[Page 64]]

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 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.

[[Page 65]]

    (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.
    (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

[[Page 66]]

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 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

[[Page 67]]

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;
    (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




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

    Source: 67 FR 38897, June 6, 2002, unless otherwise noted.



Sec. 101-9.000  Cross-reference to the Federal Management Regulation (FMR) 
(41 CFR chapter 102, parts 102-1 through 102-220).

    For Federal mail management information previously contained in this 
part, see FMR part 192 (41 CFR part 102-192).

[[Page 68]]



       SUBCHAPTER B--MANAGEMENT AND USE OF INFORMATION AND RECORDS





PART 101-11--FEDERAL RECORDS, INTERAGENCY REPORTS, AND STANDARD AND 
OPTIONAL FORMS--Table of Contents




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

    Source: 66 FR 48358, Sept. 20, 2001, unless otherwise noted.



Sec. 101-11.0  Cross-reference to the Federal Management Regulation (FMR) 
(41 CFR chapter 102, parts 1 through 220).

    For information on records, interagency reports, and standard and 
optional forms, see FMR parts 102-193, 102-194, and 102-195 (41 CFR 
parts 102-193, 102-194, and 102-195).



                     SUBCHAPTER C--DEFENSE MATERIALS



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

[[Page 69]]



                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




    Authority: E.O. 12072, Sec. 1-201(b), 43 FR 36869.

    Source: 67 FR 76883, Dec. 13, 2002, unless otherwise noted.



Sec. 101-18.0  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220).

    For information on acquisition of real property, see FMR part 102-73 
(41 CFR part 102-73).



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




    Authority: 40 U.S.C. 486(c); 40 U.S.C. 490 (The Federal Property and 
Administrative Services Act of 1949, as amended, Sec. 205(c) and 210, 63 
Stat. 377); and 40 U.S.C. 601-619 (The Public Buildings Act of 1959, as 
amended); Pub. L. 92-313.

    Source: 67 FR 76883, Dec. 13, 2002, unless otherwise noted.



Sec. 101-19.0  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220).

    For information on construction and alteration of public buildings, 
see FMR parts 102-74 (41 CFR part 102-74) and 102-76 (41 CFR part 102-
76).



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




    Authority: 40 U.S.C. 486(c); The Federal Property and Administrative 
Services Act of 1949, as amended, Sec. 205(c), 63 Stat. 390.

    Source: 67 FR 76883, Dec. 13, 2002, unless otherwise noted.



Sec. 101-20.0  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220).

    For information on management of buildings and grounds, see FMR part 
102-74 (41 CFR part 102-74).



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).

    Appendix to Subchapter D--Temporary Regulations Federal Property 
               Managagement Regulations; Interim Rule D-1

            PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE

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

    For information on location of space, see FMR part 102-83 (41 CFR 
part 102-83).

[67 FR 76883, Dec. 13, 2002]

[[Page 70]]



                  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  [Reserved]
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 71]]

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 72]]

    (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 73]]



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  [Reserved]



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 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:

[[Page 74]]

    (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 
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

[[Page 75]]

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 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,

[[Page 76]]

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 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

[[Page 77]]

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 
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

[[Page 78]]

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]



           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.

[[Page 79]]

    (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:
    (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

[[Page 80]]

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.



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

[[Page 81]]

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).
    (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

[[Page 82]]

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]



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.

[[Page 83]]



----------------------------------------------------------------------------------------------------------------
                                          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 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.

[[Page 84]]

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.
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.

[[Page 85]]

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).



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]

[[Page 86]]



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 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

[[Page 87]]

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]



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,

[[Page 88]]

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 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]

[[Page 89]]



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 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:

[[Page 90]]

    (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 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).

[[Page 91]]

    (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 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]

[[Page 92]]



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 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

[[Page 93]]

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 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.

[[Page 94]]

    (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 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).

[[Page 95]]

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 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.

[[Page 96]]

    (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 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

[[Page 97]]

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 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).

[[Page 98]]

    (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 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

[[Page 99]]

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 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

[[Page 100]]

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 
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]

[[Page 101]]



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]



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

[[Page 102]]

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 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

[[Page 103]]

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]



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

[[Page 104]]

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]



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]

[[Page 105]]



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]



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

[[Page 106]]

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 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)

[[Page 107]]

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 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

[[Page 108]]

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.
  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:

[[Page 109]]

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 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.

[[Page 110]]

    (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.
    (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

[[Page 111]]

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 
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]

[[Page 112]]



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 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,

[[Page 113]]

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]



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

[[Page 114]]

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 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

[[Page 115]]

    (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]



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

[[Page 116]]

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.
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).

[[Page 117]]



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]



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

[[Page 118]]

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 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.

[[Page 119]]

    (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]



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

[[Page 120]]

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.
------------------------------------------------------------------------

    (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

[[Page 121]]

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 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

[[Page 122]]

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 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.

[[Page 123]]

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.



          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

[[Page 124]]

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
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.

[[Page 125]]



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, 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

[[Page 126]]

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.
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).

[[Page 127]]



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]



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

[[Page 128]]

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]



                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

[[Page 129]]

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 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.

[[Page 130]]

    (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.



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

[[Page 131]]

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.
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.

[[Page 132]]

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.



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

[[Page 133]]

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.



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;

[[Page 134]]

    (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 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.

[[Page 135]]



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.
    (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.

[[Page 136]]



     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 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.


[[Page 137]]


(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.
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.

[[Page 138]]

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]



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.

[[Page 139]]



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 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

[[Page 140]]

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]



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]

[[Page 141]]



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]



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.

[[Page 142]]

    (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 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

[[Page 143]]

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.
    (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]

[[Page 144]]



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 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

[[Page 145]]

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 involving item 
identifications, commodity classification, or stock numbers shall be in 
the terms of the Federal Catalog System.

[29 FR 16004, Dec. 1, 1964]

[[Page 146]]



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]



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

[[Page 147]]

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 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

[[Page 148]]

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;
    (b) Federal Supply Schedules; and
    (c) Term Contract Program.

[39 FR 37060, Oct. 17, 1974]

[[Page 149]]



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 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).

[[Page 150]]



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.
    (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]

[[Page 151]]



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]



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]

[[Page 152]]

   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




    Authority: 40 U.S.C. 486(c); The Federal Property and Administrative 
Services Act of 1949, as amended, Sec. 205(c), 63 Stat. 390.

    Source: 67 FR 76883, Dec. 13, 2002, unless otherwise noted.



Sec. 101-33.0  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220).

    For information on public utilities, see FMR part 102-82 (41 CFR 
part 102-82).

                         PART 101-34 [RESERVED]

       Appendix to Subchapter E--Temporary Regulations [Reserved]



                         SUBCHAPTER F [RESERVED]



[[Page 153]]



       SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES





PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION--Table of 
Contents




Sec.
101-37.000  Cross-reference to the Federal Management Regulation (FMR) 
          (41 CFR chapter 102, parts 102-1 through 102-220).

                      Subpart 101-37.1--Definitions

101-37.100  Definitions.

Subparts 101-37.2-101-37.3 [Reserved]

    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.

Subparts 101-37.5-101-37.14 [Reserved]

    Authority: 40 U.S.C. 121(c); 486(c); 31 U.S.C. 101 et seq.; 
Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1966-1970 Comp., 
p. 1070; Executive Order 11541, 35 FR 10737, 3 CFR 1966-1970 Comp., p. 
939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 FR 22150.

    Source: 56 FR 5356, Feb. 11, 1991, unless otherwise noted.



Sec. 101-37.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    (a) For information on Government aviation administration and 
coordination, see FMR part 102-33, Management of Government Aircraft, 
(41 CFR part 102-33).
    (b) For information on travel on Government aircraft, continue to 
use the following subparts of the FPMR:
    (1) Subpart 101-37.1--Definitions.
    (2) Subpart 101-37.4--Use of Government-Owned and -Operated 
Aircraft.

[67 FR 67743, Nov. 6, 2002]



                      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), State or local government, 
or other non-Federal entity.

[[Page 154]]

    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.
    Lease purchase aircraft means a leased aircraft for which the 
Government holds an option to purchase.

[[Page 155]]

    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 exceptional scheduling 
requirements.

[[Page 156]]

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 undercover aircraft does not display

[[Page 157]]

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]

Subparts 101-37.2--101-37.3 [Reserved]



    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.

[[Page 158]]



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.
    (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

[[Page 159]]

    (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 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);

[[Page 160]]

    (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;
    (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]

Subparts 101-37.5--101-37.14 [Reserved]



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.

[[Page 161]]

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.

   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.

[[Page 162]]

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.
    (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]

[[Page 163]]



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]



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

[[Page 164]]

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 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]

[[Page 165]]



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 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

[[Page 166]]

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 
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.

[[Page 167]]

    (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 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:

[[Page 168]]

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:
    (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.

[[Page 169]]

    (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 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

[[Page 170]]

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 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

[[Page 171]]

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 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

[[Page 172]]

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 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.

[[Page 173]]

    (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]



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

[[Page 174]]

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 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]

[[Page 175]]



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 176]]



                 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 177]]

    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 178]]

    (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 179]]

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 180]]

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 181]]



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 182]]

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 183]]

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 184]]

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 185]]

    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 186]]

 
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 187]]

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 188]]

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 189]]

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 190]]

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 191]]

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 192]]

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 193]]

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 194]]

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 195]]

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 196]]

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 197]]

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 198]]

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 199]]

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 200]]

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 SURPLUS PERSONAL PROPERTY--Table of Contents




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

    Source: 67 FR 2584, Jan. 18, 2002, unless otherwise noted.



Sec. 101-44.000  Cross-reference to the Federal Management Regulation (FMR) 
(41 CFR chapter 102, parts 102-1 through 102-220).

    For information on donation of surplus personal property previously 
contained in this part, see FMR part 102-37 (41 CFR part 102-37).



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.

[[Page 201]]

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.
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.

[[Page 202]]

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.
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.

[[Page 203]]

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 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:

[[Page 204]]

    (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.



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.

[[Page 205]]



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 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]

[[Page 206]]



               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.
    (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

[[Page 207]]

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;
    (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

[[Page 208]]

    (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 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]

[[Page 209]]



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.
    (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

[[Page 210]]

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 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

[[Page 211]]

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, 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.

[[Page 212]]

    (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 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.

[[Page 213]]

    (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 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

[[Page 214]]

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 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

[[Page 215]]

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 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;

[[Page 216]]

    (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 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]

[[Page 217]]



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]



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

[[Page 218]]

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 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

[[Page 219]]

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.
    (3) Engine compartment. (i) Clean major surface areas (air cleaner 
cover, battery, etc.); (ii) wash or steam clean, when necessary; (iii) 
replace air and

[[Page 220]]

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
    (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.

[[Page 221]]

    (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).
    (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,

[[Page 222]]

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 subcontractors for performance of 
the contract.
    (ii) The selling agency should have adequate knowledge of the 
products

[[Page 223]]

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:
    (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.

[[Page 224]]

    (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 
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

[[Page 225]]

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.



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

[[Page 226]]

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]



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]

[[Page 227]]



                  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
    (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

[[Page 228]]

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 
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

[[Page 229]]

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 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.

[[Page 230]]

    (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;
    (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

[[Page 231]]

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 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.

[[Page 232]]

    (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]



    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).

[[Page 233]]



             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 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

[[Page 234]]

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 
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;

[[Page 235]]

    (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 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.

[[Page 236]]

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[copy] fixed by the 13th Congress of the 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

[[Page 237]]

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).
    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]

[[Page 238]]



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.

                                  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 &

[[Page 239]]

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.

                              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.

[[Page 240]]

                                  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.



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.

[[Page 241]]



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.



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




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

    Source: 67 FR 48614, Sept. 21, 2001, unless otherwise noted.



Sec. 101-46.000  Cross-reference to the Federal Management Regulation (FMR) 
(41 CFR chapter 102, parts 102-1 through 102-220).

    For information on replacement of personal property pursuant to the 
exchange/sale authority previously contained in this part, see FMR part 
39 (41 CFR part 102-39).



PART 101-47--UTILIZATION AND DISPOSAL OF REAL PROPERTY--Table of Contents




    Authority: 40 U.S.C. 486(c); The Federal Property and Administrative 
Services Act of 1949, as amended, Sec. 205(c), 63 Stat. 390.

    Source: 67 FR 76883, Dec. 13, 2002, unless otherwise noted.



Sec. 101-47.0  Cross-reference to the Federal Management Regulation (FMR) 
41 CFR chapter 102 parts 1 through 220).

    For information on utilization and disposal of real property, see 
FMR part 102-75 (41 CFR part 102-75).

[[Page 242]]



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.

   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

[[Page 243]]

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 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:

[[Page 244]]

    (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;
    (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]

[[Page 245]]



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, 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;

[[Page 246]]

    (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 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

[[Page 247]]

    (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]



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.

[[Page 248]]

    (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 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.

[[Page 249]]



 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.



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

[[Page 250]]

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]



 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

[[Page 251]]

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 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]

[[Page 252]]



                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]



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  [Reserved]

      

[[Page 253]]



                              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
  List of CFR Sections Affected



[[Page 255]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2003)

                      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)
      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)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)

[[Page 256]]

    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)
     LXVII  Institute of Museum and Library Services (Part 7701)
      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--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 257]]

         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      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 258]]

    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  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--599)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1400)

                 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)

[[Page 259]]

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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)

[[Page 260]]

        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, 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)

[[Page 261]]

        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     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 (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)
       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)

[[Page 262]]

        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)

                          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--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)

[[Page 263]]

       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)

                           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--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--299)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)

[[Page 264]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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)
         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  Employee Benefits Security 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)
       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)

[[Page 265]]

        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)

                      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)

[[Page 266]]

        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)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        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)

[[Page 267]]

           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)
       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 Service, 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)

[[Page 268]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, 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)

                   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, Department of 
                Homeland Security (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)

[[Page 269]]

        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)
     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)

[[Page 270]]

         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)
        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 (Parts 
                5400--5499)
        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)

[[Page 271]]

                       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)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Transportation (Parts 1500--1599)

                   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 273]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2003)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
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

[[Page 274]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  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

[[Page 275]]

  Advanced Research Projects Agency               32, I
  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
Employee Benefits Security Administration         29, XXV
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                5, III, LXXVII; 14, VI; 
                                                  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

[[Page 276]]

  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
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

[[Page 277]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  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
  Centers for Medicare & Medicaid Services        42, IV
  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
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Federal Emergency Management Agency             44, I
  Immigration and Naturalization                  8, I
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                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
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
Interior Department

[[Page 278]]

  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
  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
  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, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  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 Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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

[[Page 279]]

Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
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
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 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

[[Page 280]]

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
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 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; 28, XI
  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

[[Page 281]]

  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
  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 Security Administration          49, XII
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        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 Service,        41, 61; 20, IX
     Office of the 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 283]]



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, 
2001, 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, 2001, see the ``List of Sections CFR 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

41 CFR
                                                                   66 FR
                                                                    Page
Chapter 101
101-3  Revised; interim............................................55594
101.6-10 (Subpart 101.6)  Revised..................................37733
    Technical correction...........................................39560
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
101-11 (Subchapter B)  Added.......................................48358
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
101-46  Revised....................................................48614
101-47.000--101-47.4914 (Part 101-47)  Authority citation revised 
                                                                    5359
101-47.000  Existing text designated as (a); (b) added..............5359

                                  2002

41 CFR
                                                                   67 FR
                                                                    Page
Chapter 101
101-3  Regulation at 66 FR 55594 confirmed.........................11425
101-6.600--101-6.605 (Subpart 101-6.6) Removed.....................78732
101-6.300--101-6.305 (Subpart 101-6.3) Revised.....................76882
101-5.200--101-5.205-4 (Subpart 101-5.2) Revised...................76882
101-9  Revised; interim............................................38897
101-17--101-21 (Subchapter D)  Appendix amended....................76883
101-18  Revised....................................................76882
101-19  Revised....................................................76883
101-20  Revised....................................................76883
101-25.103-2  Removed..............................................17650
101-33  Revised....................................................76883
101-37  Authority citation revised.................................67743
101-37.000  Revised................................................67743
101-37.200--101-37.205 (Subpart 101-37.2)  Removed.................67743
101-37.300--101-37.305 (Subpart 101-37.3)  Removed.................67743
101-37.500--101-37.506 (Subpart 101-37.5)  Removed.................67743
101-37.600--101-37.610 (Subpart 101-37.6)  Removed.................67743
101-37.1100--101-37.1109 (Subpart 101-37.11)  Removed..............67743

[[Page 284]]

101-37.1200--101-37.1214 (Subpart 101-37.12)  Removed..............67743
101-37.1400--101-37.1401 (Subpart 101-37.14)  Removed..............67743
101-44  Revised.....................................................2584
101-47  Revised....................................................76883

                                  2003

   (Regulations published from January 1, 2003, through July 1, 2003)

41 CFR
                                                                   68 FR
                                                                    Page
Chapter 101
101-42--101-49 (Subchapter H)  Appendix H corrected; CFR 
        correction.................................................16730


                      []