[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 41

Public Contracts and Property Management


________________________

Chapters 102 to 200

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



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

  Title 41:
    SUBTITLE C--Federal Property Management Regulations System 
      (Continued)
          Chapter 102--Federal Management Regulation                 5
          Chapters 103-104 [Reserved]
          Chapter 105--General Services Administration             417
          Chapter 109--Department of Energy Property 
          Management Regulations                                   637
          Chapter 114--Department of the Interior                  695
          Chapter 115--Environmental Protection Agency             699
          Chapter 128--Department of Justice                       703
          Chapters 129-200 [Reserved]

  Finding Aids:
      Table of CFR Titles and Chapters........................     721
      Alphabetical List of Agencies Appearing in the CFR......     741
      List of CFR Sections Affected...........................     751

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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 41 CFR 102-2.5 
                       refers to title 41, part 
                       102-2, section 5.

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2023), 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

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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 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

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

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
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    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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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 
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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.

[[Page vii]]

    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

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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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 
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Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR is a regularly updated, unofficial editorial compilation of 
CFR material and Federal Register amendments, produced by the Office of 
the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[Page ix]]



                               THIS TITLE

    Title 41--Public Contracts and Property Management consists of 
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal 
Property Management Regulations System; Subtitle D--Federal Acquisition 
Supply Chain Security; Subtitle E is reserved for other provisions 
relating to property management, 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, 2023.

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT




                (This book contains chapters 102 to 200)

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

 SUBTITLE C--Federal Property Management Regulations System (Continued)

                                                                    Part

chapter 102--Federal Management Regulation..................       102-2

chapters 103-104 [Reserved]

chapter 105--General Services Administration................       105-1

chapter 109--Department of Energy Property Management 
  Regulations...............................................       109-1

chapter 114--Department of the Interior.....................      114-51

chapter 115--Environmental Protection Agency................       115-1

chapter 128--Department of Justice..........................       128-1

chapters 129-200 [Reserved]

[[Page 3]]

 Subtitle C--Federal Property Management Regulations System (Continued)

[[Page 5]]



               CHAPTER 102--FEDERAL MANAGEMENT REGULATION




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

                          SUBCHAPTER A--GENERAL
Part                                                                Page
102-1

General [Reserved]

102-2           Federal management regulation system........           7
102-3           Federal Advisory Committee Management.......          11
102-4

Nondiscrimination in Federal financial assistance programs [Reserved]

102-5           Home-to-work transportation.................          36
102-6--102-30 
[Reserved]



                     SUBCHAPTER B--PERSONAL PROPERTY
102-31

General [Reserved]

102-32

Management of personal property [Reserved]

102-33          Management of government aircraft...........          41
102-34          Motor vehicle management....................          71
102-35          Disposition of personal property............          84
102-36          Disposition of excess personal property.....          86
102-37          Donation of surplus personal property.......         109
102-38          Sale of personal property...................         142
102-39          Replacement of personal property pursuant to 
                    the exchange/sale authority.............         157
102-40          Utilization and disposition of personal 
                    property with special handling 
                    requirements............................         162
102-41          Disposition of seized, forfeited, 
                    voluntarily abandoned, and unclaimed 
                    personal property.......................         186
102-42          Utilization, donation, and disposal of 
                    foreign gifts and decorations...........         195
102-43--102-70 
[Reserved]



                       SUBCHAPTER C--REAL PROPERTY
102-71          General.....................................         204
102-72          Delegation of authority.....................         209
102-73          Real estate acquisition.....................         214
102-74          Facility management.........................         228
102-75          Real property disposal......................         252

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102-76          Design and construction.....................         313
102-77          Art in Architecture.........................         318
102-78          Historic preservation.......................         319
102-79          Assignment and utilization of space.........         321
102-80          Safety and environmental management.........         327
102-81          Physical security...........................         333
102-82          Utility services............................         335
102-83          Location of space...........................         336
102-84

[Reserved]

102-85          Pricing policy for occupancy in GSA space...         343
102-86--102-
115 [Reserved]



                      SUBCHAPTER D--TRANSPORTATION
102-116

General [Reserved]

102-117         Transportation management...................         358
102-118         Transportation payment and audit............         376
102-119--102-
140 [Reserved]



                     SUBCHAPTER E--TRAVEL MANAGEMENT
102-141

General [Reserved]

102-142--102-
170 [Reserved]



                    SUBCHAPTER F--TELECOMMUNICATIONS
102-171

General [Reserved]

102-172

Telecommunications management policy [Reserved]

102-173--102-
190 [Reserved]



                  SUBCHAPTER G--ADMINISTRATIVE PROGRAMS
102-191

General [Reserved]

102-192         Mail management.............................         405
102-193         Creation, maintenance, and use of records...         411
102-194         Standard and optional forms management 
                    program.................................         413
102-196

Federal facility ridesharing [Reserved]

102-197--102-
199 [Reserved]



                       SUBCHAPTERS H-Z [RESERVED]

[[Page 7]]



                          SUBCHAPTER A_GENERAL



                       PART 102_GENERAL [RESERVED]



PART 102	2_FEDERAL MANAGEMENT REGULATION SYSTEM--Table of Contents



                       Subpart A_Regulation System

                                 General

Sec.
102-2.5 What is the Federal Management Regulation (FMR)?
102-2.10 What is the FMR's purpose?
102-2.15 What is the authority for the FMR system?
102-2.20 Which agencies are subject to the FMR?
102-2.25 When are other agencies involved in developing the FMR?
102-2.30 Where and in what formats is the FMR published?
102-2.35 How is the FMR distributed?
102-2.40 May an agency issue implementing and supplementing regulations 
          for the FMR?

                                Numbering

102-2.45 How is the FMR numbered?
102-2.50 How do I number my agency's implementing regulations?
102-2.55 How do I number my agency's supplementing regulations?

                               Deviations

102-2.60 What is a deviation from the FMR?
102-2.65 When may agencies deviate from the FMR?
102-2.70 What are individual and class deviations?
102-2.75 What timeframes apply to deviations?
102-2.80 What steps must an agency take to deviate from the FMR?
102-2.85 What are the reasons for writing to GSA about FMR deviations?
102-2.90 Where should my agency send its correspondence on an FMR 
          deviation?
102-2.95 What information must agencies include in their deviation 
          letters to GSA?
102-2.100 Must agencies provide GSA with a follow-up analysis of their 
          experience in deviating from the FMR?
102-2.105 What information must agencies include in their follow-up 
          analysis?
102-2.110 When must agencies provide their follow-up analysis?

                         Non-Regulatory Material

102-2.115 What kinds of non-regulatory material does GSA publish outside 
          of the FMR?
102-2.120 How do I know whom to contact to discuss the regulatory 
          requirements of programs addressed in the FMR?
102-2.125 What source of information can my agency use to identify 
          materials that describe how to do business with GSA?

                             Subpart B_Forms

102-2.130 Where are FMR forms prescribed?
102-2.135 How do agencies obtain forms prescribed by the FMR?

                Subpart C_Plain Language Regulatory Style

102-2.140 What elements of plain language appear in the FMR?
102-2.145 To what do pronouns refer when used in the FMR?

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

    Source: 64 FR 39085, July 21, 1999, unless otherwise noted.



                       Subpart A_Regulation System

                                 General



Sec.  102-2.5  What is the Federal Management Regulation (FMR)?

    The Federal Management Regulation (FMR) is the successor regulation 
to the Federal Property Management Regulations (FPMR). It contains 
updated regulatory policies originally found in the FPMR. However, it 
does not contain FPMR material that described how to do business with 
the General Services Administration (GSA). ``How to'' materials on this 
and other subjects are available in customer service guides, handbooks, 
brochures and Internet websites provided by GSA. (See Sec.  102-2.125.)



Sec.  102-2.10  What is the FMR's purpose?

    The FMR prescribes policies concerning property management and 
related administrative activities. GSA issues the FMR to carry out the 
Administrator of General Services' functional responsibilities, as 
established by statutes, Executive orders, Presidential memoranda, 
Circulars and bulletins issued by the Office of Management and Budget 
(OMB), and other policy directives.

[[Page 8]]



Sec.  102-2.15  What is the authority for the FMR system?

    The Administrator of General Services prescribes and issues the FMR 
under the authority of the Federal Property and Administrative Services 
Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable 
Federal laws and authorities.



Sec.  102-2.20  Which agencies are subject to the FMR?

    The FMR applies to executive agencies unless otherwise extended to 
Federal agencies in various parts of this chapter. The difference 
between the two terms is that Federal agencies include executive 
agencies plus establishments in the legislative or judicial branch of 
the Government. See paragraphs (a) and (b) of this section for the 
definitions of each term.
    (a) What is an executive agency? An executive agency is any 
executive department or independent establishment in the executive 
branch of the Government, including any wholly-owned Government 
corporation. (See 40 U.S.C. 472(a).)
    (b) What is a Federal agency? A Federal agency is any executive 
agency or any establishment in the legislative or judicial branch of the 
Government (except the Senate, the House of Representatives, and the 
Architect of the Capitol and any activities under that person's 
direction). (See 40 U.S.C. 472(b).)



Sec.  102-2.25  When are other agencies involved in developing the FMR?

    Normally, GSA will ask agencies to collaborate in developing parts 
of the FMR.



Sec.  102-2.30  Where and in what formats is the FMR published?

    Proposed rules are published in the Federal Register. FMR bulletins 
are published in looseleaf format. FMR interim and final rules are 
published in the following formats--
    (a) Federal Register under the ``Rules and Regulations'' section.
    (b) Loose-leaf. (See Sec.  102-2.35.)
    (c) Code of Federal Regulations (CFR), which is an annual 
codification of the general and permanent rules published in the Federal 
Register. The CFR is available on line and in a bound-volume format.
    (d) Electronically on the Internet.



Sec.  102-2.35  How is the FMR distributed?

    (a) A liaison appointed by each agency provides GSA with their 
agency's distribution requirements of the looseleaf version of the FMR. 
Agencies must submit GSA Form 2053, Agency Consolidated Requirements for 
GSA Regulations and Other External Issuances, to--General Services 
Administration, Office of Communications (X), 1800 F Street, NW., 
Washington, DC 20405.
    (b) Order Federal Register and Code of Federal Regulations copies of 
FMR material through your agency's authorizing officer.



Sec.  102-2.40  May an agency issue implementing and supplementing
regulations for the FMR?

    Yes, an agency may issue implementing regulations (see Sec.  102-
2.50) to expand upon related FMR material and supplementing regulations 
(see Sec.  102-2.55) to address subject material not covered in the FMR. 
The Office of the Federal Register assigns chapters in Title 41 of the 
Code of Federal Regulations for agency publication of implementing and 
supplementing regulations.

                                Numbering



Sec.  102-2.45  How is the FMR numbered?

    (a) All FMR sections are designated by three numbers. The following 
example illustrates the chapter (it's always 102), part, and section 
designations:

[[Page 9]]

[GRAPHIC] [TIFF OMITTED] TR21JY99.001

    (b) In the looseleaf version, the month, year, and number of FMR 
amendments appear at the bottom of each page.



Sec.  102-2.50  How do I number my agency's implementing regulations?

    The first three-digit number represents the chapter number assigned 
to your agency in Title 41 of the CFR. The part and section numbers 
correspond to FMR material. For example, if your agency is assigned 
Chapter 130 in Title 41 of the CFR and you are implementing Sec.  102-
2.60 of the FMR, your implementing section would be numbered Sec.  130-
2.60.



Sec.  102-2.55  How do I number my agency's supplementing regulations?

    Since there is no corresponding FMR material, number the 
supplementing material ``601'' or higher. For example, your agency's 
supplementing regulations governing special services to states might 
start with Sec.  130-601.5.

                               Deviations



Sec.  102-2.60  What is a deviation from the FMR?

    A deviation from the FMR is an agency action or policy that is 
inconsistent with the regulation. (The deviation policy for the FPMR is 
in 41 CFR part 101-1.)



Sec.  102-2.65  When may agencies deviate from the FMR?

    Because, it consists primarily of set policies and mandatory 
requirements, deviation from the FMR should occur infrequently. However, 
to address unique circumstances or to test the effectiveness of 
potential policy changes, agencies may be able to deviate from the FMR 
after following the steps described in Sec.  102-2.80.



Sec.  102-2.70  What are individual and class deviations?

    An individual deviation is intended to affect only one action. A 
class deviation is intended to affect more than one action (e.g., 
multiple actions, the actions of more than one agency, or individual 
agency actions that are expected to recur).



Sec.  102-2.75  What timeframes apply to deviations?

    Timeframes vary based on the nature of the deviation. However, 
deviations cannot be open-ended. When consulting with GSA about using an 
individual or class deviation, you must set a timeframe for the 
deviation's duration.



Sec.  102-2.80  What steps must an agency take to deviate from the FMR?

    (a) Consult informally with appropriate GSA program personnel to 
learn more about how your agency can work within the FMR's requirements 
instead of deviating from them. The consultation process may also 
highlight reasons why an agency would not be permitted to deviate from 
the FMR; e.g., statutory constraints.
    (b) Formally request a deviation, if consultations indicate that 
your agency needs one. The head of your agency or a designated official 
should write to GSA's Regulatory Secretariat to the attention of a GSA 
official in the program office that is likely to consider the deviation. 
(See the FMR bulletin that lists contacts in GSA's program offices and 
Sec.  102-2.90.) The written request must fully explain the reasons for 
the deviation, including the benefits that the agency expects to 
achieve.



Sec.  102-2.85  What are the reasons for writing to GSA about FMR 
deviations?

    The reasons for writing are to:

[[Page 10]]

    (a) Explain your agency's rationale for the deviation. Before it can 
adequately comment on a potential deviation from the FMR, GSA must know 
why it is needed. GSA will compare your need against the applicable 
policies and regulations.
    (b) Obtain clarification from GSA as to whether statutes, Executive 
orders, or other controlling policies, which may not be evident in the 
regulation, preclude deviating from the FMR for the reasons stated.
    (c) Establish a timeframe for using a deviation.
    (d) Identify potential changes to the FMR.
    (e) Identify the benefits and other results that the agency expects 
to achieve.



Sec.  102-2.90  Where should my agency send its correspondence on an 
FMR deviation?

    Send correspondence to: General Services Administration, Regulatory 
Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, 
Washington, DC 20405.



Sec.  102-2.95  What information must agencies include in their deviation
letters to GSA?

    Agencies must include:
    (a) The title and citation of the FMR provision from which the 
agency wishes to deviate;
    (b) The name and telephone number of an agency contact who can 
discuss the reason for the deviation;
    (c) The reason for the deviation;
    (d) A statement about the expected benefits of using the deviation 
(to the extent possible, expected benefits should be stated in 
measurable terms);
    (e) A statement about possible use of the deviation in other 
agencies or Governmentwide; and
    (f) The duration of the deviation.



Sec.  102-2.100  Must agencies provide GSA with a follow-up analysis of
their experience in deviating from the FMR?

    Yes, agencies that deviate from the FMR must also write to the 
relevant GSA program office at the Regulatory Secretariat's address (see 
Sec.  102-2.90) to describe their experiences in using a deviation.



Sec.  102-2.105  What information must agencies include in their 
follow-up analysis?

    In your follow-up analysis, provide information that may include, 
but should not be limited to, specific actions taken or not taken as a 
result of the deviation, outcomes, impacts, anticipated versus actual 
results, and the advantages and disadvantages of taking an alternative 
course of action.



Sec.  102-2.110  When must agencies provide their follow-up letters?

    (a) For an individual deviation, once the action is complete.
    (b) For a class deviation, at the end of each twelve-month period 
from the time you first took the deviation and at the end of the 
deviation period.

                         Non-Regulatory Material



Sec.  102-2.115  What kinds of non-regulatory material does GSA publish 
outside of the FMR?

    As GSA converts the FPMR to the FMR, non-regulatory materials in the 
FPMR, such as guidance, procedures, standards, and information, that 
describe how to do business with GSA, will become available in separate 
documents. These documents may include customer service guides, 
handbooks, brochures, Internet websites, and FMR bulletins. GSA will 
eliminate non-regulatory material that is no longer needed.



Sec.  102-2.120  How do I know whom to contact to discuss the regulatory
requirements of programs addressed in the FMR?

    Periodically, GSA will issue for your reference an FMR bulletin that 
lists program contacts with whom agencies can discuss regulatory 
requirements. At a minimum, the list will contain organization names and 
telephone numbers for each program addressed in the FMR.



Sec.  102-2.125  What source of information can my agency use to identify 
materials that describe how to do business with GSA?

    The FMR establishes policy; it does not specify procedures for the 
acquisition of GSA services. However, as a service to users during the 
transition

[[Page 11]]

from the FPMR to the FMR and as needed thereafter, GSA will issue FMR 
bulletins to identify where to find information on how to do business 
with GSA. References include customer service guides, handbooks, 
brochures, Internet websites, etc.



                             Subpart B_Forms



Sec.  102-2.130  Where are FMR forms prescribed?

    In any of its parts, the FMR may prescribe forms and the 
requirements for using them.



Sec.  102-2.135  How do agencies obtain forms prescribed by the FMR?

    For copies of the forms prescribed by in the FMR, do any of the 
following:
    (a) Write to us at: General Services Administration, National Forms 
and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix 
Street, Fort Worth, TX 76115.
    (b) Send e-mail messages to: NFPC@gsa-7FDepot.
    (c) Visit our web site at: www.gsa.gov/forms/forms.htm.



                Subpart C_Plain Language Regulatory Style



Sec.  102-2.140  What elements of plain language appear in the FMR?

    The FMR is written in a ``plain language'' regulatory style. This 
style is easy to read and uses a question and answer format directed at 
the reader, active voice, shorter sentences, and, where appropriate, 
personal pronouns.



Sec.  102-2.145  To what do pronouns refer when used in the FMR?

    Throughout its text, the FMR may contain pronouns such as, but not 
limited to, we, you, and I. When pronouns are used, each subchapter of 
the FMR will indicate whether they refer to the reader, an agency, GSA, 
or some other entity. In general, pronouns refer to who or what must 
perform a required action.



PART 102	3_FEDERAL ADVISORY COMMITTEE MANAGEMENT--Table of Contents



Subpart A_What Policies Apply to Advisory Committees Established Within 
                          the Executive Branch?

Sec.
102-3.5 What does this subpart cover and how does it apply?
102-3.10 What is the purpose of the Federal Advisory Committee Act?
102-3.15 Who are the intended users of this part?
102-3.20 How does this part meet the needs of its audience?
102-3.25 What definitions apply to this part?
102-3.30 What policies govern the use of advisory committees?
102-3.35 What policies govern the use of subcommittees?
102-3.40 What types of committees or groups are not covered by the Act 
          and this part?

Appendix A to Subpart A of Part 102-3--Key Points and Principles

      Subpart B_How Are Advisory Committees Established, Renewed, 
                     Reestablished, and Terminated?

102-3.45 What does this subpart cover and how does it apply?
102-3.50 What are the authorities for establishing advisory committees?
102-3.55 What rules apply to the duration of an advisory committee?
102-3.60 What procedures are required to establish, renew, or 
          reestablish a discretionary advisory committee?
102-3.65 What are the public notification requirements for discretionary 
          advisory committees?
102-3.70 What are the charter filing requirements?
102-3.75 What information must be included in the charter of an advisory 
          committee?
102-3.80 How are minor charter amendments accomplished?
102-3.85 How are major charter amendments accomplished?

Appendix A to Subpart B of Part 102-3--Key Points and Principles

             Subpart C_How Are Advisory Committees Managed?

102-3.90 What does this subpart cover and how does it apply?
102-3.95 What principles apply to the management of advisory committees?
102-3.100 What are the responsibilities and functions of GSA?
102-3.105 What are the responsibilities of an agency head?

[[Page 12]]

102-3.110 What are the responsibilities of a chairperson of an 
          independent Presidential advisory committee?
102-3.115 What are the responsibilities and functions of an agency 
          Committee Management Officer (CMO)?
102-3.120 What are the responsibilities and functions of a Designated 
          Federal Officer (DFO)?
102-3.125 How should agencies consider the roles of advisory committee 
          members and staff?
102-3.130 What policies apply to the appointment, and compensation or 
          reimbursement of advisory committee members, staff, and 
          experts and consultants?

Appendix A to Subpart C of Part 102-3--Key Points and Principles

    Subpart D_Advisory Committee Meeting and Recordkeeping Procedures

102-3.135 What does this subpart cover and how does it apply?
102-3.140 What policies apply to advisory committee meetings?
102-3.145 What policies apply to subcommittee meetings?
102-3.150 How are advisory committee meetings announced to the public?
102-3.155 How are advisory committee meetings closed to the public?
102-3.160 What activities of an advisory committee are not subject to 
          the notice and open meeting requirements of the Act?
102-3.165 How are advisory committee meetings documented?
102-3.170 How does an interested party obtain access to advisory 
          committee records?
102-3.175 What are the reporting and recordkeeping requirements for an 
          advisory committee?

Appendix A to Subpart D of Part 102-3--Key Points and Principles

   Subpart E_How Does This Subpart Apply to Advice or Recommendations 
Provided to Agencies by the National Academy of Sciences or the National 
                    Academy of Public Administration?

102-3.180 What does this subpart cover and how does it apply?
102-3.185 What does this subpart require agencies to do?

Appendix A to Subpart E of Part 102-3--Key Points and Principles

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



Subpart A_What Policies Apply to Advisory Committees Established Within 
                          the Executive Branch?



Sec.  102-3.5  What does this subpart cover and how does it apply?

    This subpart provides the policy framework that must be used by 
agency heads in applying the Federal Advisory Committee Act (FACA), as 
amended (or ``the Act''), 5 U.S.C., App., to advisory committees they 
establish and operate. In addition to listing key definitions underlying 
the interpretation of the Act, this subpart establishes the scope and 
applicability of the Act, and outlines specific exclusions from its 
coverage.



Sec.  102-3.10  What is the purpose of the Federal Advisory Committee Act?

    FACA governs the establishment, operation, and termination of 
advisory committees within the executive branch of the Federal 
Government. The Act defines what constitutes a Federal advisory 
committee and provides general procedures for the executive branch to 
follow for the operation of these advisory committees. In addition, the 
Act is designed to assure that the Congress and the public are kept 
informed with respect to the number, purpose, membership, activities, 
and cost of advisory committees.



Sec.  102-3.15  Who are the intended users of this part?

    (a) The primary users of this Federal Advisory Committee Management 
part are:
    (1) Executive branch officials and others outside Government 
currently involved with an established advisory committee;
    (2) Executive branch officials who seek to establish or utilize an 
advisory committee;
    (3) Executive branch officials and others outside Government who 
have decided to pursue, or who are already engaged in, a form of public 
involvement or consultation and want to avoid inadvertently violating 
the Act; and
    (4) Field personnel of Federal agencies who are increasingly 
involved with

[[Page 13]]

the public as part of their efforts to increase collaboration and 
improve customer service.
    (b) Other types of end-users of this part include individuals and 
organizations outside of the executive branch who seek to understand and 
interpret the Act, or are seeking additional guidance.



Sec.  102-3.20  How does this part meet the needs of its audience?

    This Federal Advisory Committee Management part meets the general 
and specific needs of its audience by addressing the following issues 
and related topics:
    (a) Scope and applicability. This part provides guidance on the 
threshold issue of what constitutes an advisory committee and clarifies 
the limits of coverage by the Act for the benefit of the intended users 
of this part.
    (b) Policies and guidelines. This part defines the policies, 
establishes minimum requirements, and provides guidance to Federal 
officers and agencies for the establishment, operation, administration, 
and duration of advisory committees subject to the Act. This includes 
reporting requirements that keep Congress and the public informed of the 
number, purpose, membership, activities, benefits, and costs of these 
advisory committees. These requirements form the basis for implementing 
the Act at both the agency and Governmentwide levels.
    (c) Examples and principles. This part provides summary-level key 
points and principles at the end of each subpart that provide more 
clarification on the role of Federal advisory committees in the larger 
context of public involvement in Federal decisions and activities. This 
includes a discussion of the applicability of the Act to different 
decisionmaking scenarios.



Sec.  102-3.25  What definitions apply to this part?

    The following definitions apply to this Federal Advisory Committee 
Management part:
    Act means the Federal Advisory Committee Act, as amended, 5 U.S.C., 
App.
    Administrator means the Administrator of General Services.
    Advisory committee subject to the Act, except as specifically 
exempted by the Act or by other statutes, or as not covered by this 
part, means any committee, board, commission, council, conference, 
panel, task force, or other similar group, which is established by 
statute, or established or utilized by the President or by an agency 
official, for the purpose of obtaining advice or recommendations for the 
President or on issues or policies within the scope of an agency 
official's responsibilities.
    Agency has the same meaning as in 5 U.S.C. 551(1).
    Committee Management Officer (``CMO''), means the individual 
designated by the agency head to implement the provisions of section 
8(b) of the Act and any delegated responsibilities of the agency head 
under the Act.
    Committee Management Secretariat (``Secretariat''), means the 
organization established pursuant to section 7(a) of the Act, which is 
responsible for all matters relating to advisory committees, and carries 
out the responsibilities of the Administrator under the Act and 
Executive Order 12024 (3 CFR, 1977 Comp., p. 158).
    Committee meeting means any gathering of advisory committee members 
(whether in person or through electronic means) held with the approval 
of an agency for the purpose of deliberating on the substantive matters 
upon which the advisory committee provides advice or recommendations.
    Committee member means an individual who serves by appointment or 
invitation on an advisory committee or subcommittee.
    Committee staff means any Federal employee, private individual, or 
other party (whether under contract or not) who is not a committee 
member, and who serves in a support capacity to an advisory committee or 
subcommittee.
    Designated Federal Officer (``DFO''), means an individual designated 
by the agency head, for each advisory committee for which the agency 
head is responsible, to implement the provisions of sections 10(e) and 
(f) of the Act and any advisory committee procedures of the agency under 
the control and supervision of the CMO.
    Discretionary advisory committee means any advisory committee that 
is

[[Page 14]]

established under the authority of an agency head or authorized by 
statute. An advisory committee referenced in general (non-specific) 
authorizing language or Congressional committee report language is 
discretionary, and its establishment or termination is within the legal 
discretion of an agency head.
    Independent Presidential advisory committee means any Presidential 
advisory committee not assigned by the Congress in law, or by President 
or the President's delegate, to an agency for administrative and other 
support.
    Non-discretionary advisory committee means any advisory committee 
either required by statute or by Presidential directive. A non-
discretionary advisory committee required by statute generally is 
identified specifically in a statute by name, purpose, or functions, and 
its establishment or termination is beyond the legal discretion of an 
agency head.
    Presidential advisory committee means any advisory committee 
authorized by the Congress or directed by the President to advise the 
President.
    Subcommittee means a group, generally not subject to the Act, that 
reports to an advisory committee and not directly to a Federal officer 
or agency, whether or not its members are drawn in whole or in part from 
the parent advisory committee.
    Utilized for the purposes of the Act, does not have its ordinary 
meaning. A committee that is not established by the Federal Government 
is utilized within the meaning of the Act when the President or a 
Federal office or agency exercises actual management or control over its 
operation.



Sec.  102-3.30  What policies govern the use of advisory committees?

    The policies to be followed by Federal departments and agencies in 
establishing and operating advisory committees consistent with the Act 
are as follows:
    (a) Determination of need in the public interest. A discretionary 
advisory committee may be established only when it is essential to the 
conduct of agency business and when the information to be obtained is 
not already available through another advisory committee or source 
within the Federal Government. Reasons for deciding that an advisory 
committee is needed may include whether:
    (1) Advisory committee deliberations will result in the creation or 
elimination of (or change in) regulations, policies, or guidelines 
affecting agency business;
    (2) The advisory committee will make recommendations resulting in 
significant improvements in service or reductions in cost; or
    (3) The advisory committee's recommendations will provide an 
important additional perspective or viewpoint affecting agency 
operations.
    (b) Termination. An advisory committee must be terminated when:
    (1) The stated objectives of the committee have been accomplished;
    (2) The subject matter or work of the committee has become obsolete 
by the passing of time or the assumption of the committee's functions by 
another entity;
    (3) The agency determines that the cost of operation is excessive in 
relation to the benefits accruing to the Federal Government;
    (4) In the case of a discretionary advisory committee, upon the 
expiration of a period not to exceed two years, unless renewed;
    (5) In the case of a non-discretionary advisory committee required 
by Presidential directive, upon the expiration of a period not to exceed 
two years, unless renewed by authority of the President; or
    (6) In the case of a non-discretionary advisory committee required 
by statute, upon the expiration of the time explicitly specified in the 
statute, or implied by operation of the statute.
    (c) Balanced membership. An advisory committee must be fairly 
balanced in its membership in terms of the points of view represented 
and the functions to be performed.
    (d) Open meetings. Advisory committee meetings must be open to the 
public except where a closed or partially-closed meeting has been 
determined proper and consistent with the exemption(s) of the Government 
in the Sunshine Act, 5 U.S.C. 552b(c), as the basis for closure.
    (e) Advisory functions only. The function of advisory committees is 
advisory

[[Page 15]]

only, unless specifically provided by statute or Presidential directive.



Sec.  102-3.35  What policies govern the use of subcommittees?

    (a) In general, the requirements of the Act and the policies of this 
Federal Advisory Committee Management part do not apply to subcommittees 
of advisory committees that report to a parent advisory committee and 
not directly to a Federal officer or agency. However, this section does 
not preclude an agency from applying any provision of the Act and this 
part to any subcommittee of an advisory committee in any particular 
instance.
    (b) The creation and operation of subcommittees must be approved by 
the agency establishing the parent advisory committee.



Sec.  102-3.40  What types of committees or groups are not covered by
the Act and this part?

    The following are examples of committees or groups that are not 
covered by the Act or this Federal Advisory Committee Management part:
    (a) Committees created by the National Academy of Sciences (NAS) or 
the National Academy of Public Administration (NAPA). Any committee 
created by NAS or NAPA in accordance with section 15 of the Act, except 
as otherwise covered by subpart E of this part;
    (b) Advisory committees of the Central Intelligence Agency and the 
Federal Reserve System. Any advisory committee established or utilized 
by the Central Intelligence Agency or the Federal Reserve System;
    (c) Committees exempted by statute. Any committee specifically 
exempted from the Act by law;
    (d) Committees not actually managed or controlled by the executive 
branch. Any committee or group created by non-Federal entities (such as 
a contractor or private organization), provided that these committees or 
groups are not actually managed or controlled by the executive branch;
    (e) Groups assembled to provide individual advice. Any group that 
meets with a Federal official(s), including a public meeting, where 
advice is sought from the attendees on an individual basis and not from 
the group as a whole;
    (f) Groups assembled to exchange facts or information. Any group 
that meets with a Federal official(s) for the purpose of exchanging 
facts or information;
    (g) Intergovernmental committees. Any committee composed wholly of 
full-time or permanent part-time officers or employees of the Federal 
Government and elected officers of State, local and tribal governments 
(or their designated employees with authority to act on their behalf), 
acting in their official capacities. However, the purpose of such a 
committee must be solely to exchange views, information, or advice 
relating to the management or implementation of Federal programs 
established pursuant to statute, that explicitly or inherently share 
intergovernmental responsibilities or administration (see guidelines 
issued by the Office of Management and Budget (OMB) on section 204(b) of 
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), OMB 
Memorandum M-95-20, dated September 21, 1995, available from the 
Committee Management Secretariat (MC), General Services Administration, 
1800 F Street, NW., Washington, DC 20405-0002);
    (h) Intragovernmental committees. Any committee composed wholly of 
full-time or permanent part-time officers or employees of the Federal 
Government;
    (i) Local civic groups. Any local civic group whose primary function 
is that of rendering a public service with respect to a Federal program;
    (j) Groups established to advise State or local officials. Any State 
or local committee, council, board, commission, or similar group 
established to advise or make recommendations to State or local 
officials or agencies; and
    (k) Operational committees. Any committee established to perform 
primarily operational as opposed to advisory functions. Operational 
functions are those specifically authorized by statute or Presidential 
directive, such as making or implementing Government decisions or 
policy. A committee designated operational may be covered

[[Page 16]]

by the Act if it becomes primarily advisory in nature. It is the 
responsibility of the administering agency to determine whether a 
committee is primarily operational. If so, it does not fall under the 
requirements of the Act and this part.



  Sec. Appendix A to Subpart A of Part 102-3--Key Points and Principles

    This appendix provides additional guidance in the form of answers to 
frequently asked questions and identifies key points and principles that 
may be applied to situations not covered elsewhere in this subpart. The 
guidance follows:

----------------------------------------------------------------------------------------------------------------
    Key points and principles         Section(s)                 Question(s)                     Guidance
----------------------------------------------------------------------------------------------------------------
I. FACA applies to advisory       102-3.25, 102-     1. A local citizens group wants to  A. The answer to
 committees that are either        3.40(d), 102-      meet with a Federal official(s)     questions 1, 2, and 3
 ``established'' or ``utilized''   3.40(f)            to help improve the condition of    is yes, if the agency
 by an agency.                                        a forest's trails and quality of    does not either
                                                      concessions. May the Government     ``establish'' or
                                                      meet with the group without         ``utilize'' (exercise
                                                      chartering the group under the      ``actual management or
                                                      Act?                                control'' over) the
                                                     2. May an agency official attend     group. (i) Although
                                                      meetings of external groups where   there is no precise
                                                      advice may be offered to the        legal definition of
                                                      Government during the course of     ``actual management or
                                                      discussions?                        control,'' the
                                                     3. May an agency official            following factors may
                                                      participate in meetings of groups   be used by an agency
                                                      or organizations as a member        to determine whether
                                                      without chartering the group        or not a group is
                                                      under the Act?                      ``utilized'' within
                                                     4. Is the Act applicable to          the meaning of the
                                                      meetings between agency officials   Act: (a) Does the
                                                      and their contractors, licensees,   agency manage or
                                                      or other ``private sector program   control the group's
                                                      partners?''                         membership or
                                                                                          otherwise determine
                                                                                          its composition? (b)
                                                                                          Does the agency manage
                                                                                          or control the group's
                                                                                          agenda? (c) Does the
                                                                                          agency fund the
                                                                                          group's activities?
                                                                                          (ii) Answering ``yes''
                                                                                          to any or all of
                                                                                          questions 1, 2, or 3
                                                                                          does not automatically
                                                                                          mean the group is
                                                                                          ``utilized'' within
                                                                                          the meaning of the
                                                                                          Act. However, an
                                                                                          agency may need to
                                                                                          reconsider the status
                                                                                          of the group under the
                                                                                          Act if the
                                                                                          relationship in
                                                                                          question essentially
                                                                                          is indistinguishable
                                                                                          from an advisory
                                                                                          committee established
                                                                                          by the agency.
                                                                                         B. The answer to
                                                                                          question 4 is no.
                                                                                          Agencies often meet
                                                                                          with contractors and
                                                                                          licensees,
                                                                                          individually and as a
                                                                                          group, to discuss
                                                                                          specific matters
                                                                                          involving a contract's
                                                                                          solicitation,
                                                                                          issuance, and
                                                                                          implementation, or an
                                                                                          agency's efforts to
                                                                                          ensure compliance with
                                                                                          its regulations. Such
                                                                                          interactions are not
                                                                                          subject to the Act
                                                                                          because these groups
                                                                                          are not
                                                                                          ``established'' or
                                                                                          ``utilized'' for the
                                                                                          purpose of obtaining
                                                                                          advice or
                                                                                          recommendations.
----------------------------------------------------------------------------------------------------------------
II. The development of consensus  102-3.25, 102-     1. If, during a public meeting of   A. No, the public
 among all or some of the          3.40(d), 102-      the ``town hall'' type called by    meeting need not be
 attendees at a public meeting     3.40(f)            an agency, it appears that the      stopped. (i) A group
 or similar forum does not                            audience is achieving consensus,    must either be
 automatically invoke FACA.                           or a common point of view, is       ``established'' or
                                                      this an indication that the         ``utilized'' by the
                                                      meeting is subject to the Act and   executive branch in
                                                      must be stopped?                    order for the Act to
                                                                                          apply. (ii) Public
                                                                                          meetings represent a
                                                                                          chance for individuals
                                                                                          to voice their
                                                                                          opinions and/or share
                                                                                          information. In that
                                                                                          sense, agencies do not
                                                                                          either ``establish''
                                                                                          the assemblage of
                                                                                          individuals as an
                                                                                          advisory committee or
                                                                                          ``utilize'' the
                                                                                          attendees as an
                                                                                          advisory committee
                                                                                          because there are no
                                                                                          elements of either
                                                                                          ``management'' or
                                                                                          ``control'' present or
                                                                                          intended.
----------------------------------------------------------------------------------------------------------------

[[Page 17]]

 
III. Meetings between a Federal   102-3.40(e)        1. May an agency official meet      A. The answer to
 official(s) and a collection of                      with a number of persons            questions 1 and 2 is
 individuals where advice is                          collectively to obtain their        yes. The Act applies
 sought from the attendees on an                      individual views without            only where a group is
 individual basis are not                             violating the Act?                  established or
 subject to the Act.                                 2. Does the concept of an            utilized to provide
                                                      ``individual'' apply only to        advice or
                                                      ``natural persons?''                recommendations ``as a
                                                                                          group.'' (i) A mere
                                                                                          assemblage or
                                                                                          collection of
                                                                                          individuals where the
                                                                                          attendees are
                                                                                          providing individual
                                                                                          advice is not acting
                                                                                          ``as a group'' under
                                                                                          the Act. (ii) In this
                                                                                          respect,
                                                                                          ``individual'' is not
                                                                                          limited to ``natural
                                                                                          persons.'' Where the
                                                                                          group consists of
                                                                                          representatives of
                                                                                          various existing
                                                                                          organizations, each
                                                                                          representative
                                                                                          individually may
                                                                                          provide advice on
                                                                                          behalf of that
                                                                                          person's organization
                                                                                          without violating the
                                                                                          Act, if those
                                                                                          organizations
                                                                                          themselves are not
                                                                                          ``managed or
                                                                                          controlled'' by the
                                                                                          agency.
----------------------------------------------------------------------------------------------------------------
IV. Meetings between Federal,     102-3.40(g)        1. Is the exclusion from the Act    A. Yes. The scope of
 State, local, and tribal                             covering elected officials of       activities covered by
 elected officials are not                            State, local, and tribal            the exclusion from the
 subject to the Act.                                  governments acting in their         Act for
                                                      official capacities also            intergovernmental
                                                      applicable to associations of       activities should be
                                                      State officials?                    construed broadly to
                                                                                          facilitate Federal/
                                                                                          State/local/tribal
                                                                                          discussions on shared
                                                                                          intergovernmental
                                                                                          program
                                                                                          responsibilities or
                                                                                          administration.
                                                                                          Pursuant to a
                                                                                          Presidential
                                                                                          delegation, the Office
                                                                                          of Management and
                                                                                          Budget (OMB) issued
                                                                                          guidelines for this
                                                                                          exemption, authorized
                                                                                          by section 204(b) of
                                                                                          the Unfunded Mandates
                                                                                          Reform Act of 1995, 2
                                                                                          U.S.C. 1534(b). (See
                                                                                          OMB Memorandum M-95-
                                                                                          20, dated September
                                                                                          21, 1995, published at
                                                                                          60 FR 50651 (September
                                                                                          29, 1995), and which
                                                                                          is available from the
                                                                                          Committee Management
                                                                                          Secretariat (MC),
                                                                                          General Services
                                                                                          Administration, 1800 F
                                                                                          Street, NW,
                                                                                          Washington, DC 20405-
                                                                                          0002).
----------------------------------------------------------------------------------------------------------------
V. Advisory committees            102-3.30(e), 102-  1. Are ``operational committees''   A. No, so long as the
 established under the Act may     3.40(k)            subject to the Act, even if they    operational functions
 perform advisory functions                           may engage in some advisory         performed by the
 only, unless authorized to                           activities?                         committee constitute
 perform ``operational'' duties                                                           the ``primary''
 by the Congress or by                                                                    mission of the
 Presidential directive.                                                                  committee. Only
                                                                                          committees established
                                                                                          or utilized by the
                                                                                          executive branch in
                                                                                          the interest of
                                                                                          obtaining advice or
                                                                                          recommendations are
                                                                                          subject to the Act.
                                                                                          However, without
                                                                                          specific authorization
                                                                                          by the Congress or
                                                                                          direction by the
                                                                                          President, Federal
                                                                                          functions
                                                                                          (decisionmaking or
                                                                                          operations) cannot be
                                                                                          delegated to, or
                                                                                          assumed by, non-
                                                                                          Federal individuals or
                                                                                          entities.
----------------------------------------------------------------------------------------------------------------

[[Page 18]]

 
VI. Committees authorized by the  102-3.40(k)        1. What characteristics are common  A. In answer to
 Congress in law or by                                to ``operational committees?''      question 1, non-
 Presidential directive to                           2. A committee created by the        advisory, or
 perform primarily                                    Congress by statute is              ``operational''
 ``operational'' functions are                        responsible, for example, for       committees generally
 not subject to the Act.                              developing plans and events to      have the following
                                                      commemorate the contributions of    characteristics: (i)
                                                      wildlife to the enjoyment of the    Specific functions and/
                                                      Nation's parks. Part of the         or authorities
                                                      committee's role includes           provided by the
                                                      providing advice to certain         Congress in law or by
                                                      Federal agencies as may be          Presidential
                                                      necessary to coordinate these       directive; (ii) The
                                                      events. Is this committee subject   ability to make and
                                                      to FACA?                            implement
                                                                                          traditionally
                                                                                          Governmental
                                                                                          decisions; and (iii)
                                                                                          The authority to
                                                                                          perform specific tasks
                                                                                          to implement a Federal
                                                                                          program.
                                                                                         B. Agencies are
                                                                                          responsible for
                                                                                          determining whether or
                                                                                          not a committee
                                                                                          primarily provides
                                                                                          advice or
                                                                                          recommendations and
                                                                                          is, therefore, subject
                                                                                          to the Act, or is
                                                                                          primarily
                                                                                          ``operational'' and
                                                                                          not covered by FACA.
                                                                                         C. The answer to
                                                                                          question 2 is no. The
                                                                                          committee is not
                                                                                          subject to the Act
                                                                                          because: (i) Its
                                                                                          functions are to plan
                                                                                          and implement specific
                                                                                          tasks; (ii) The
                                                                                          committee has been
                                                                                          granted the express
                                                                                          authority by the
                                                                                          Congress to perform
                                                                                          its statutorily
                                                                                          required functions;
                                                                                          and (iii) Its
                                                                                          incidental role of
                                                                                          providing advice to
                                                                                          other Federal agencies
                                                                                          is secondary to its
                                                                                          primarily operational
                                                                                          role of planning and
                                                                                          implementing specific
                                                                                          tasks and performing
                                                                                          statutory functions.
----------------------------------------------------------------------------------------------------------------



      Subpart B_How Are Advisory Committees Established, Renewed, 
                     Reestablished, and Terminated?



Sec.  102-3.45  What does this subpart cover and how does it apply?

    Requirements for establishing and terminating advisory committees 
vary depending on the establishing entity and the source of authority 
for the advisory committee. This subpart covers the procedures 
associated with the establishment, renewal, reestablishment, and 
termination of advisory committees. These procedures include consulting 
with the Secretariat, preparing and filing an advisory committee 
charter, publishing notice in the Federal Register, and amending an 
advisory committee charter.



Sec.  102-3.50  What are the authorities for establishing advisory
committees?

    FACA identifies four sources of authority for establishing an 
advisory committee:
    (a) Required by statute. By law where the Congress establishes an 
advisory committee, or specifically directs the President or an agency 
to establish it (non-discretionary);
    (b) Presidential authority. By Executive order of the President or 
other Presidential directive (non-discretionary);
    (c) Authorized by statute. By law where the Congress authorizes, but 
does not direct the President or an agency to establish it 
(discretionary); or
    (d) Agency authority. By an agency under general authority in title 
5 of the United States Code or under other general agency-authorizing 
statutes (discretionary).



Sec.  102-3.55  What rules apply to the duration of an advisory committee?

    (a) An advisory committee automatically terminates two years after 
its date of establishment unless:
    (1) The statutory authority used to establish the advisory committee 
provides a different duration;
    (2) The President or agency head determines that the advisory 
committee has fulfilled the purpose for which it was established and 
terminates the advisory committee earlier;
    (3) The President or agency head determines that the advisory 
committee is no longer carrying out the purpose

[[Page 19]]

for which it was established and terminates the advisory committee 
earlier; or
    (4) The President or agency head renews the committee not later than 
two years after its date of establishment in accordance with Sec.  102-
3.60. If an advisory committee needed by the President or an agency 
terminates because it was not renewed in a timely manner, or if the 
advisory committee has been terminated under the provisions of Sec.  
102-3.30(b), it can be reestablished in accordance with Sec.  102-3.60.
    (b) When an advisory committee terminates, the agency shall notify 
the Secretariat of the effective date of the termination.



Sec.  102-3.60  What procedures are required to establish, renew, or 
reestablish a discretionary advisory committee?

    (a) Consult with the Secretariat. Before establishing, renewing, or 
reestablishing a discretionary advisory committee and filing the charter 
as addressed later in Sec.  102-3.70, the agency head must consult with 
the Secretariat. As part of this consultation, agency heads are 
encouraged to engage in constructive dialogue with the Secretariat. With 
a full understanding of the background and purpose behind the proposed 
advisory committee, the Secretariat may share its knowledge and 
experience with the agency on how best to make use of the proposed 
advisory committee, suggest alternate methods of attaining its purpose 
that the agency may wish to consider, or inform the agency of a pre-
existing advisory committee performing similar functions.
    (b) Include required information in the consultation. Consultations 
covering the establishment, renewal, and reestablishment of advisory 
committees must, as a minimum, contain the following information:
    (1) Explanation of need. An explanation stating why the advisory 
committee is essential to the conduct of agency business and in the 
public interest;
    (2) Lack of duplication of resources. An explanation stating why the 
advisory committee's functions cannot be performed by the agency, 
another existing committee, or other means such as a public hearing; and
    (3) Fairly balanced membership. A description of the agency's plan 
to attain fairly balanced membership. The plan will ensure that, in the 
selection of members for the advisory committee, the agency will 
consider a cross-section of those directly affected, interested, and 
qualified, as appropriate to the nature and functions of the advisory 
committee. Advisory committees requiring technical expertise should 
include persons with demonstrated professional or personal 
qualifications and experience relevant to the functions and tasks to be 
performed.



Sec.  102-3.65  What are the public notification requirements for
discretionary advisory committees?

    A notice to the public in the Federal Register is required when a 
discretionary advisory committee is established, renewed, or 
reestablished.
    (a) Procedure. Upon receiving notice from the Secretariat that its 
review is complete in accordance with Sec.  102-3.60(a), the agency must 
publish a notice in the Federal Register announcing that the advisory 
committee is being established, renewed, or reestablished. For the 
establishment of a new advisory committee, the notice also must describe 
the nature and purpose of the advisory committee and affirm that the 
advisory committee is necessary and in the public interest.
    (b) Time required for notices. Notices of establishment and 
reestablishment of advisory committees must appear at least 15 calendar 
days before the charter is filed, except that the Secretariat may 
approve less than 15 calendar days when requested by the agency for good 
cause. This requirement for advance notice does not apply to advisory 
committee renewals, notices of which may be published concurrently with 
the filing of the charter.



Sec.  102-3.70  What are the charter filing requirements?

    No advisory committee may meet or take any action until a charter 
has been filed by the Committee Management Officer (CMO) designated in 
accordance with section 8(b) of the Act,

[[Page 20]]

or by another agency official designated by the agency head.
    (a) Requirement for discretionary advisory committees. To establish, 
renew, or reestablish a discretionary advisory committee, a charter must 
be filed with:
    (1) The agency head;
    (2) The standing committees of the Senate and the House of 
Representatives having legislative jurisdiction of the agency, the date 
of filing with which constitutes the official date of establishment for 
the advisory committee;
    (3) The Library of Congress, Anglo-American Acquisitions Division, 
Government Documents Section, Federal Advisory Committee Desk, 101 
Independence Avenue, SE., Washington, DC 20540-4172; and
    (4) The Secretariat, indicating the date the charter was filed in 
accordance with paragraph (a)(2) of this section.
    (b) Requirement for non-discretionary advisory committees. Charter 
filing requirements for non-discretionary advisory committees are the 
same as those in paragraph (a) of this section, except the date of 
establishment for a Presidential advisory committee is the date the 
charter is filed with the Secretariat.
    (c) Requirement for subcommittees that report directly to the 
Government. Subcommittees that report directly to a Federal officer or 
agency must comply with this subpart and include in a charter the 
information required by Sec.  102-3.75.



Sec.  102-3.75  What information must be included in the charter of
an advisory committee?

    (a) Purpose and contents of an advisory committee charter. An 
advisory committee charter is intended to provide a description of an 
advisory committee's mission, goals, and objectives. It also provides a 
basis for evaluating an advisory committee's progress and effectiveness. 
The charter must contain the following information:
    (1) The advisory committee's official designation;
    (2) The objectives and the scope of the advisory committee's 
activity;
    (3) The period of time necessary to carry out the advisory 
committee's purpose(s);
    (4) The agency or Federal officer to whom the advisory committee 
reports;
    (5) The agency responsible for providing the necessary support to 
the advisory committee;
    (6) A description of the duties for which the advisory committee is 
responsible and specification of the authority for any non-advisory 
functions;
    (7) The estimated annual costs to operate the advisory committee in 
dollars and person years;
    (8) The estimated number and frequency of the advisory committee's 
meetings;
    (9) The planned termination date, if less than two years from the 
date of establishment of the advisory committee;
    (10) The name of the President's delegate, agency, or organization 
responsible for fulfilling the reporting requirements of section 6(b) of 
the Act, if appropriate; and
    (11) The date the charter is filed in accordance with Sec.  102-
3.70.
    (b) The provisions of paragraphs (a)(1) through (11) of this section 
apply to all subcommittees that report directly to a Federal officer or 
agency.



Sec.  102-3.80  How are minor charter amendments accomplished?

    (a) Responsibility and limitation. The agency head is responsible 
for amending the charter of an advisory committee. Amendments may be 
either minor or major. The procedures for making changes and filing 
amended charters will depend upon the authority basis for the advisory 
committee. Amending any existing advisory committee charter does not 
constitute renewal of the advisory committee under Sec.  102-3.60.
    (b) Procedures for minor amendments. To make a minor amendment to an 
advisory committee charter, such as changing the name of the advisory 
committee or modifying the estimated number or frequency of meetings, 
the following procedures must be followed:
    (1) Non-discretionary advisory committees. The agency head must 
ensure that any minor technical changes made to current charters are 
consistent with

[[Page 21]]

the relevant authority. When the Congress by law, or the President by 
Executive order, changes the authorizing language that has been the 
basis for establishing an advisory committee, the agency head or the 
chairperson of an independent Presidential advisory committee must amend 
those sections of the current charter affected by the new statute or 
Executive order, and file the amended charter as specified in Sec.  102-
3.70.
    (2) Discretionary advisory committees. The charter of a 
discretionary advisory committee may be amended when an agency head 
determines that technical provisions of a filed charter are inaccurate, 
or specific provisions have changed or become obsolete with the passing 
of time, and that these amendments will not alter the advisory 
committee's objectives and scope substantially. The agency must amend 
the charter language as necessary and file the amended charter as 
specified in Sec.  102-3.70.



Sec.  102-3.85  How are major charter amendments accomplished?

    Procedures for making major amendments to advisory committee 
charters, such as substantial changes in objectives and scope, duties, 
and estimated costs, are the same as in Sec.  102-3.80, except that for 
discretionary advisory committees an agency must:
    (a) Consult with the Secretariat on the amended language, and 
explain the purpose of the changes and why they are necessary; and
    (b) File the amended charter as specified in Sec.  102-3.70.



  Sec. Appendix A to Subpart B of Part 102-3--Key Points and Principles

    This appendix provides additional guidance in the form of answers to 
frequently asked questions and identifies key points and principles that 
may be applied to situations not covered elsewhere in this subpart. The 
guidance follows:

----------------------------------------------------------------------------------------------------------------
 Key points and principles       Section(s)                   Question(s)                       Guidance
----------------------------------------------------------------------------------------------------------------
I. Agency heads must        102-3.60, 102-3.115  1. Can an agency head delegate to     A. Yes. Many
 consult with the                                 the Committee Management Officer      administrative functions
 Secretariat prior to                             (CMO) responsibility for consulting   performed to implement
 establishing a                                   with the Secretariat regarding the    the Act may be
 discretionary advisory                           establishment, renewal, or            delegated. However,
 committee.                                       reestablishment of discretionary      those functions related
                                                  advisory committees?                  to approving the final
                                                                                        establishment, renewal,
                                                                                        or reestablishment of
                                                                                        discretionary advisory
                                                                                        committees are reserved
                                                                                        for the agency head.
                                                                                        Each agency CMO should
                                                                                        assure that their
                                                                                        internal processes for
                                                                                        managing advisory
                                                                                        committees include
                                                                                        appropriate
                                                                                        certifications by the
                                                                                        agency head.
----------------------------------------------------------------------------------------------------------------
II. Agency heads are        102-3.60(a), 102-    1. Who retains final authority for    A. Although agency heads
 responsible for complying   3.105                establishing or renewing a            retain final authority
 with the Act, including                          discretionary advisory committee?     for establishing or
 determining which                                                                      renewing discretionary
 discretionary advisory                                                                 advisory committees,
 committees should be                                                                   these decisions should
 established and renewed.                                                               be consistent with Sec.
                                                                                         102-3.105(e) and
                                                                                        reflect consultation
                                                                                        with the Secretariat
                                                                                        under Sec.   102-
                                                                                        3.60(a).
----------------------------------------------------------------------------------------------------------------

[[Page 22]]

 
III. An advisory committee  102-3.30(c), 102-    1. What factors should be considered  A. The composition of an
 must be fairly balanced     3.60(b)(3)           in achieving a ``balanced''           advisory committee's
 in its membership in                             advisory committee membership?        membership will depend
 terms of the points of                                                                 upon several factors,
 view represented and the                                                               including: (i) The
 functions to be                                                                        advisory committee's
 performed.                                                                             mission; (ii) The
                                                                                        geographic, ethnic,
                                                                                        social, economic, or
                                                                                        scientific impact of the
                                                                                        advisory committee's
                                                                                        recommendations; (iii)
                                                                                        The types of specific
                                                                                        perspectives required,
                                                                                        for example, such as
                                                                                        those of consumers,
                                                                                        technical experts, the
                                                                                        public at-large,
                                                                                        academia, business, or
                                                                                        other sectors; (iv) The
                                                                                        need to obtain divergent
                                                                                        points of view on the
                                                                                        issues before the
                                                                                        advisory committee; and
                                                                                        (v) The relevance of
                                                                                        State, local, or tribal
                                                                                        governments to the
                                                                                        development of the
                                                                                        advisory committee's
                                                                                        recommendations.
----------------------------------------------------------------------------------------------------------------
IV. Charters for advisory   102-3.70(b)          1. If an advisory committee's         A. Yes. Section 14(b)(2)
 committees required by                           duration exceeds two years, must a    of the Act provides
 statute must be filed                            charter be filed with the Congress    that: Any advisory
 every two years                                  and GSA every two years?              committee established by
 regardless of the                                                                      an Act of Congress shall
 duration provided in the                                                               file a charter upon the
 statute.                                                                               expiration of each
                                                                                        successive two-year
                                                                                        period following the
                                                                                        date of enactment of the
                                                                                        Act establishing such
                                                                                        advisory committee.
----------------------------------------------------------------------------------------------------------------



             Subpart C_How Are Advisory Committees Managed?



Sec.  102-3.90  What does this subpart cover and how does it apply?

    This subpart outlines specific responsibilities and functions to be 
carried out by the General Services Administration (GSA), the agency 
head, the Committee Management Officer (CMO), and the Designated Federal 
Officer (DFO) under the Act.



Sec.  102-3.95  What principles apply to the management of advisory 
committees?

    Agencies are encouraged to apply the following principles to the 
management of their advisory committees:
    (a) Provide adequate support. Before establishing an advisory 
committee, agencies should identify requirements and assure that 
adequate resources are available to support anticipated activities. 
Considerations related to support include office space, necessary 
supplies and equipment, Federal staff support, and access to key 
decisionmakers.
    (b) Focus on mission. Advisory committee members and staff should be 
fully aware of the advisory committee's mission, limitations, if any, on 
its duties, and the agency's goals and objectives. In general, the more 
specific an advisory committee's tasks and the more focused its 
activities are, the higher the likelihood will be that the advisory 
committee will fulfill its mission.
    (c) Follow plans and procedures. Advisory committee members and 
their agency sponsors should work together to assure that a plan and 
necessary procedures covering implementation are in place to support an 
advisory committee's mission. In particular, agencies should be clear 
regarding what functions an advisory committee can perform legally and 
those that it cannot perform.
    (d) Practice openness. In addition to achieving the minimum 
standards of public access established by the Act and this part, 
agencies should seek to be as inclusive as possible. For example, 
agencies may wish to explore the use of the Internet to post advisory 
committee information and seek broader input from the public.
    (e) Seek feedback. Agencies continually should seek feedback from 
advisory committee members and the public regarding the effectiveness of 
the advisory committee's activities. At regular intervals, agencies 
should communicate to the members how their advice has affected agency 
programs and decisionmaking.

[[Page 23]]



Sec.  102-3.100  What are the responsibilities and functions of GSA?

    (a) Under section 7 of the Act, the General Services Administration 
(GSA) prepares regulations on Federal advisory committees to be 
prescribed by the Administrator of General Services, issues other 
administrative guidelines and management controls for advisory 
committees, and assists other agencies in implementing and interpreting 
the Act. Responsibility for these activities has been delegated by the 
Administrator to the GSA Committee Management Secretariat.
    (b) The Secretariat carries out its responsibilities by:
    (1) Conducting an annual comprehensive review of Governmentwide 
advisory committee accomplishments, costs, benefits, and other 
indicators to measure performance;
    (2) Developing and distributing Governmentwide training regarding 
the Act and related statutes and principles;
    (3) Supporting the Interagency Committee on Federal Advisory 
Committee Management in its efforts to improve compliance with the Act;
    (4) Designing and maintaining a Governmentwide shared Internet-based 
system to facilitate collection and use of information required by the 
Act;
    (5) Identifying performance measures that may be used to evaluate 
advisory committee accomplishments; and
    (6) Providing recommendations for transmittal by the Administrator 
to the Congress and the President regarding proposals to improve 
accomplishment of the objectives of the Act.



Sec.  102-3.105  What are the responsibilities of an agency head?

    The head of each agency that establishes or utilizes one or more 
advisory committees must:
    (a) Comply with the Act and this Federal Advisory Committee 
Management part;
    (b) Issue administrative guidelines and management controls that 
apply to all of the agency's advisory committees subject to the Act;
    (c) Designate a Committee Management Officer (CMO);
    (d) Provide a written determination stating the reasons for closing 
any advisory committee meeting to the public, in whole or in part, in 
accordance with the exemption(s) of the Government in the Sunshine Act, 
5 U.S.C. 552b(c), as the basis for closure;
    (e) Review, at least annually, the need to continue each existing 
advisory committee, consistent with the public interest and the purpose 
or functions of each advisory committee;
    (f) Determine that rates of compensation for members (if they are 
paid for their services) and staff of, and experts and consultants to 
advisory committees are justified and that levels of agency support are 
adequate;
    (g) Develop procedures to assure that the advice or recommendations 
of advisory committees will not be inappropriately influenced by the 
appointing authority or by any special interest, but will instead be the 
result of the advisory committee's independent judgment;
    (h) Assure that the interests and affiliations of advisory committee 
members are reviewed for conformance with applicable conflict of 
interest statutes, regulations issued by the U.S. Office of Government 
Ethics (OGE) including any supplemental agency requirements, and other 
Federal ethics rules;
    (i) Designate a Designated Federal Officer (DFO) for each advisory 
committee and its subcommittees; and
    (j) Provide the opportunity for reasonable participation by the 
public in advisory committee activities, subject to Sec.  102-3.140 and 
the agency's guidelines.



Sec.  102-3.110  What are the responsibilities of a chairperson of an
independent Presidential advisory committee?

    The chairperson of an independent Presidential advisory committee 
must:
    (a) Comply with the Act and this Federal Advisory Committee 
Management part;
    (b) Consult with the Secretariat concerning the designation of a 
Committee Management Officer (CMO) and Designated Federal Officer (DFO); 
and
    (c) Consult with the Secretariat in advance regarding any proposal 
to close any meeting in whole or in part.

[[Page 24]]



Sec.  102-3.115  What are the responsibilities and functions of an agency
Committee Management Officer (CMO)?

    In addition to implementing the provisions of section 8(b) of the 
Act, the CMO will carry out all responsibilities delegated by the agency 
head. The CMO also should ensure that sections 10(b), 12(a), and 13 of 
the Act are implemented by the agency to provide for appropriate 
recordkeeping. Records to be kept by the CMO include, but are not 
limited to:
    (a) Charter and membership documentation. A set of filed charters 
for each advisory committee and membership lists for each advisory 
committee and subcommittee;
    (b) Annual comprehensive review. Copies of the information provided 
as the agency's portion of the annual comprehensive review of Federal 
advisory committees, prepared according to Sec.  102-3.175(b);
    (c) Agency guidelines. Agency guidelines maintained and updated on 
committee management operations and procedures; and
    (d) Closed meeting determinations. Agency determinations to close or 
partially close advisory committee meetings required by Sec.  102-3.105.



Sec.  102-3.120  What are the responsibilities and functions of a 
Designated Federal Officer (DFO)?

    The agency head or, in the case of an independent Presidential 
advisory committee, the Secretariat, must designate a Federal officer or 
employee who must be either full-time or permanent part-time, to be the 
DFO for each advisory committee and its subcommittees, who must:
    (a) Approve or call the meeting of the advisory committee or 
subcommittee;
    (b) Approve the agenda, except that this requirement does not apply 
to a Presidential advisory committee;
    (c) Attend the meetings;
    (d) Adjourn any meeting when he or she determines it to be in the 
public interest; and
    (e) Chair the meeting when so directed by the agency head.



Sec.  102-3.125  How should agencies consider the roles of advisory
committee members and staff?

    FACA does not assign any specific responsibilities to members of 
advisory committees and staff, although both perform critical roles in 
achieving the goals and objectives assigned to advisory committees. 
Agency heads, Committee Management Officers (CMOs), and Designated 
Federal Officers (DFOs) should consider the distinctions between these 
roles and how they relate to each other in the development of agency 
guidelines implementing the Act and this Federal Advisory Committee 
Management part. In general, these guidelines should reflect:
    (a) Clear operating procedures. Clear operating procedures should 
provide for the conduct of advisory committee meetings and other 
activities, and specify the relationship among the advisory committee 
members, the DFO, and advisory committee or agency staff;
    (b) Agency operating policies. In addition to compliance with the 
Act, advisory committee members and staff may be required to adhere to 
additional agency operating policies; and
    (c) Other applicable statutes. Other agency-specific statutes and 
regulations may affect the agency's advisory committees directly or 
indirectly. Agencies should ensure that advisory committee members and 
staff understand these requirements.



Sec.  102-3.130  What policies apply to the appointment, and compensation
or reimbursement of advisory committee members, staff, and experts and 
consultants?

    In developing guidelines to implement the Act and this Federal 
Advisory Committee Management part at the agency level, agency heads 
must address the following issues concerning advisory committee member 
and staff appointments, and considerations with respect to uniform fair 
rates of compensation for comparable services, or expense reimbursement 
of members, staff, and experts and consultants:
    (a) Appointment and terms of advisory committee members. Unless 
otherwise provided by statute, Presidential directive, or other 
establishment authority,

[[Page 25]]

advisory committee members serve at the pleasure of the appointing or 
inviting authority. Membership terms are at the sole discretion of the 
appointing or inviting authority.
    (b) Compensation guidelines. Each agency head must establish uniform 
compensation guidelines for members and staff of, and experts and 
consultants to an advisory committee.
    (c) Compensation of advisory committee members not required. Nothing 
in this subpart requires an agency head to provide compensation to any 
member of an advisory committee, unless otherwise required by a specific 
statute.
    (d) Compensation of advisory committee members. When an agency has 
authority to set pay administratively for advisory committee members, it 
may establish appropriate rates of pay (including any applicable 
locality pay authorized by the President's Pay Agent under 5 U.S.C. 
5304(h)), not to exceed the rate for level IV of the Executive Schedule 
under 5 U.S.C. 5315, unless a higher rate expressly is allowed by 
another statute. However, the agency head personally must authorize a 
rate of basic pay in excess of the maximum rate of basic pay established 
for the General Schedule under 5 U.S.C. 5332, or alternative similar 
agency compensation system. This maximum rate includes any applicable 
locality payment under 5 U.S.C. 5304. The agency may pay advisory 
committee members on either an hourly or a daily rate basis. The agency 
may not provide additional compensation in any form, such as bonuses or 
premium pay.
    (e) Compensation of staff. When an agency has authority to set pay 
administratively for advisory committee staff, it may establish 
appropriate rates of pay (including any applicable locality pay 
authorized by the President's Pay Agent under 5 U.S.C. 5304(h)), not to 
exceed the rate for level IV of the Executive Schedule under 5 U.S.C. 
5315, unless a higher rate expressly is allowed by another statute. 
However, the agency head personally must authorize a rate of basic pay 
in excess of the maximum rate of basic pay established for the General 
Schedule under 5 U.S.C. 5332, or alternative similar agency compensation 
system. This maximum rate includes any applicable locality payment under 
5 U.S.C. 5304. The agency must pay advisory committee staff on an hourly 
rate basis. The agency may provide additional compensation, such as 
bonuses or premium pay, so long as aggregate compensation paid in a 
calendar year does not exceed the rate for level IV of the Executive 
Schedule, with appropriate proration for a partial calendar year.
    (f) Other compensation considerations. In establishing rates of pay 
for advisory committee members and staff, the agency must comply with 
any applicable statutes, Executive orders, regulations, or 
administrative guidelines. In determining an appropriate rate of basic 
pay for advisory committee members and staff, an agency must give 
consideration to the significance, scope, and technical complexity of 
the matters with which the advisory committee is concerned, and the 
qualifications required for the work involved. The agency also should 
take into account the rates of pay applicable to Federal employees who 
have duties that are similar in terms of difficulty and responsibility. 
An agency may establish rates of pay for advisory committee staff based 
on the pay these persons would receive if they were covered by the 
General Schedule in 5 U.S.C. Chapter 51 and Chapter 53, subchapter III, 
or by an alternative similar agency compensation system.
    (g) Compensation of experts and consultants. Whether or not an 
agency has other authority to appoint and compensate advisory committee 
members or staff, it also may employ experts and consultants under 5 
U.S.C. 3109 to perform work for an advisory committee. Compensation of 
experts and consultants may not exceed the maximum rate of basic pay 
established for the General Schedule under 5 U.S.C. 5332 (that is, the 
GS-15, step 10 rate, excluding locality pay or any other supplement), 
unless a higher rate expressly is allowed by another statute. The 
appointment and compensation of experts and consultants by an agency 
must be in conformance with applicable regulations issued by the U. S. 
Office of Personnel Management (OPM) (See 5 CFR part 304.).

[[Page 26]]

    (h) Federal employees assigned to an advisory committee. Any 
advisory committee member or staff person who is a Federal employee when 
assigned duties to an advisory committee remains covered during the 
assignment by the compensation system that currently applies to that 
employee, unless that person's current Federal appointment is 
terminated. Any staff person who is a Federal employee must serve with 
the knowledge of the Designated Federal Officer (DFO) for the advisory 
committee to which that person is assigned duties, and the approval of 
the employee's direct supervisor.
    (i) Other appointment considerations. An individual who is appointed 
as an advisory committee member or staff person immediately following 
termination of another Federal appointment with a full-time work 
schedule may receive compensation at the rate applicable to the former 
appointment, if otherwise allowed by applicable law (without regard to 
the limitations on pay established in paragraphs (d) and (e) of this 
section). Any advisory committee staff person who is not a current 
Federal employee serving under an assignment must be appointed in 
accordance with applicable agency procedures, and in consultation with 
the DFO and the members of the advisory committee involved.
    (j) Gratuitous services. In the absence of any special limitations 
applicable to a specific agency, nothing in this subpart prevents an 
agency from accepting the gratuitous services of an advisory committee 
member or staff person who is not a Federal employee, or expert or 
consultant, who agrees in advance and in writing to serve without 
compensation.
    (k) Travel expenses. Advisory committee members and staff, while 
engaged in the performance of their duties away from their homes or 
regular places of business, may be allowed reimbursement for travel 
expenses, including per diem in lieu of subsistence, as authorized by 5 
U.S.C. 5703, for persons employed intermittently in the Government 
service.
    (l) Services for advisory committee members with disabilities. While 
performing advisory committee duties, an advisory committee member with 
disabilities may be provided services by a personal assistant for 
employees with disabilities, if the member qualifies as an individual 
with disabilities as provided in section 501 of the Rehabilitation Act 
of 1973, as amended, 29 U.S.C. 791, and does not otherwise qualify for 
assistance under 5 U.S.C. 3102 by reason of being a Federal employee.



  Sec. Appendix A to Subpart C of Part 102-3--Key Points and Principles

    This appendix provides additional guidance in the form of answers to 
frequently asked questions and identifies key points and principles that 
may be applied to situations not covered elsewhere in this subpart. The 
guidance follows:

----------------------------------------------------------------------------------------------------------------
 Key points and principles        Section                     Question(s)                       Guidance
----------------------------------------------------------------------------------------------------------------
I. FACA does not specify    102-3.105, 102-      1. Does the appointment of an         A. No. Each agency head
 the manner in which         3.130(a)             advisory committee member             may specify those
 advisory committee                               necessarily result in a lengthy       policies and procedures,
 members and staff must be                        process?                              consistent with the Act
 appointed                                                                              and this part, or other
                                                                                        specific authorizing
                                                                                        statute, governing the
                                                                                        appointment of advisory
                                                                                        committee members and
                                                                                        staff.
                                                                                       B. Some factors that
                                                                                        affect how long the
                                                                                        appointment process
                                                                                        takes include: (i)
                                                                                        Solicitation of
                                                                                        nominations; (ii)
                                                                                        Conflict of interest
                                                                                        clearances; (iii)
                                                                                        Security or background
                                                                                        evaluations; (iv)
                                                                                        Availability of
                                                                                        candidates; and (v)
                                                                                        Other statutory or
                                                                                        administrative
                                                                                        requirements.
                                                                                       C. In addition, the
                                                                                        extent to which agency
                                                                                        heads have delegated
                                                                                        responsibility for
                                                                                        selecting members varies
                                                                                        from agency to agency
                                                                                        and may become an
                                                                                        important factor in the
                                                                                        time it takes to
                                                                                        finalize the advisory
                                                                                        committee's membership.
----------------------------------------------------------------------------------------------------------------

[[Page 27]]

 
II. Agency heads retain     102-3.130(a)         1. Can an agency head select for      A. The answer to question
 the final authority for                          membership on an advisory committee   1 is yes. Organizations
 selecting advisory                               from among nominations submitted by   may propose for
 committee members, unless                        an organization?                      membership individuals
 otherwise provided for by                                                              to represent them on an
 a specific statute or                                                                  advisory committee.
 Presidential directive                                                                 However, the agency head
                                                                                        establishing the
                                                                                        advisory committee, or
                                                                                        other appointing
                                                                                        authority, retains the
                                                                                        final authority for
                                                                                        selecting all members.
                                                 2. If so, can different persons       B. The answer to question
                                                  represent the organization at         2 also is yes.
                                                  different meetings?                   Alternates may represent
                                                                                        an appointed member with
                                                                                        the approval of the
                                                                                        establishing agency,
                                                                                        where the agency head is
                                                                                        the appointing
                                                                                        authority.
----------------------------------------------------------------------------------------------------------------
III. An agency may          102-3.130(d), 102-   1. May members and staff be           A. The answer to question
 compensate advisory         3.130(e), 102-       compensated for their service or      1 is yes. (i) However,
 committee members and       3.130(g)             duties on an advisory committee?      FACA limits compensation
 staff, and also employ                          2. Are the guidelines the same for     for advisory committee
 experts and consultants                          compensating both members and         members and staff to the
                                                  staff?                                rate for level IV of the
                                                 3. May experts and consultants be      Executive Schedule,
                                                  employed to perform other advisory    unless higher rates
                                                  committee work?                       expressly are allowed by
                                                                                        other statutes. (ii)
                                                                                        Although FACA provides
                                                                                        for compensation
                                                                                        guidelines, the Act does
                                                                                        not require an agency to
                                                                                        compensate its advisory
                                                                                        committee members.
                                                                                       B. The answer to question
                                                                                        2 is no. The guidelines
                                                                                        for compensating members
                                                                                        and staff are similar,
                                                                                        but not identical. For
                                                                                        example, the differences
                                                                                        are that: (i) An agency
                                                                                        ``may'' pay members on
                                                                                        either an hourly or a
                                                                                        daily rate basis, and
                                                                                        ``may not'' provide
                                                                                        additional compensation
                                                                                        in any form, such as
                                                                                        bonuses or premium pay;
                                                                                        while (ii) An agency
                                                                                        ``must'' pay staff on an
                                                                                        hourly rate basis only,
                                                                                        and ``may'' provide
                                                                                        additional compensation,
                                                                                        so long as aggregate
                                                                                        compensation paid in a
                                                                                        calendar year does not
                                                                                        exceed the rate for
                                                                                        level IV of the
                                                                                        Executive Schedule, with
                                                                                        appropriate proration
                                                                                        for a partial calendar
                                                                                        year.
                                                                                       C. The answer to question
                                                                                        3 is yes. Other work not
                                                                                        part of the duties of
                                                                                        advisory committee
                                                                                        members or staff may be
                                                                                        performed by experts and
                                                                                        consultants. For
                                                                                        additional guidance on
                                                                                        the employment of
                                                                                        experts and consultants,
                                                                                        agencies should consult
                                                                                        the applicable
                                                                                        regulations issued by
                                                                                        the U. S. Office of
                                                                                        Personnel Management
                                                                                        (OPM). (See 5 CFR part
                                                                                        304.)
----------------------------------------------------------------------------------------------------------------
IV. Agency heads are        102-3.105(h)         1. Are all advisory committee         A. The answer to question
 responsible for ensuring                         members subject to conflict of        1 is no. Whether an
 that the interests and                           interest statutes and other Federal   advisory committee
 affiliations of advisory                         ethics rules?                         member is subject to
 committee members are                           2. Who should be consulted for         Federal ethics rules is
 reviewed for conformance                         guidance on the proper application    dependent on the
 with applicable conflict                         of Federal ethics rules to advisory   member's status. The
 of interest statutes and                         committee members?                    determination of a
 other Federal ethics                                                                   member's status on an
 rules.                                                                                 advisory committee is
                                                                                        largely a personnel
                                                                                        classification matter
                                                                                        for the appointing
                                                                                        agency. Most advisory
                                                                                        committee members will
                                                                                        serve either as a
                                                                                        ``representative'' or a
                                                                                        ``special Government
                                                                                        employee'' (SGE), based
                                                                                        on the role the member
                                                                                        will play. In general,
                                                                                        SGEs are covered by
                                                                                        regulations issued by
                                                                                        the U. S. Office of
                                                                                        Government Ethics (OGE)
                                                                                        and certain conflict of
                                                                                        interest statutes, while
                                                                                        representatives are not
                                                                                        subject to these ethics
                                                                                        requirements.

[[Page 28]]

 
                                                                                       B. The answer to question
                                                                                        2 is the agency's
                                                                                        Designated Agency Ethics
                                                                                        Official (DAEO), who
                                                                                        should be consulted
                                                                                        prior to appointing
                                                                                        members to an advisory
                                                                                        committee in order to
                                                                                        apply Federal ethics
                                                                                        rules properly.
----------------------------------------------------------------------------------------------------------------
V. An agency head may       102-3.105(c), 102-   1. Must an agency's CMO and each      A. The answer to question
 delegate responsibility     3.105(i)             advisory committee DFO be appointed   1 is no. The agency head
 for appointing a                                 by the agency head?                   may delegate
 Committee Management                                                                   responsibility for
 Officer (CMO) or                                                                       appointing the CMO and
 Designated Federal                                                                     DFOs. However, these
 Officer (DFO); however,                                                                appointments, including
 there may be only one CMO                                                              alternate selections,
 for each agency.                                                                       should be documented
                                                                                        consistent with the
                                                                                        agency's policies and
                                                                                        procedures.
                                                 2. May an agency have more than one   B. The answer to question
                                                  CMO?                                  2 also is no. The
                                                                                        functions of the CMO are
                                                                                        specified in the Act and
                                                                                        include oversight
                                                                                        responsibility for all
                                                                                        advisory committees
                                                                                        within the agency.
                                                                                        Accordingly, only one
                                                                                        CMO may be appointed to
                                                                                        perform these functions.
                                                                                        The agency may, however,
                                                                                        create additional
                                                                                        positions, including
                                                                                        those in its
                                                                                        subcomponents, which are
                                                                                        subordinate to the CMO's
                                                                                        agencywide
                                                                                        responsibilities and
                                                                                        functions.
----------------------------------------------------------------------------------------------------------------
VI. FACA is the principal   102-3.125(c)         1. Do other statutes or regulations   A. Yes. While the Act
 statute pertaining to                            affect the way an agency carries      provides a general
 advisory committees.                             out its advisory committee            framework for managing
 However, other statutes                          management program?                   advisory committees
 may impact their use and                                                               Governmentwide, other
 operations.                                                                            factors may affect how
                                                                                        advisory committees are
                                                                                        managed. These include:
                                                                                        (i) The statutory or
                                                                                        Presidential authority
                                                                                        used to establish an
                                                                                        advisory committee; (ii)
                                                                                        A statutory limitation
                                                                                        placed on an agency
                                                                                        regarding its annual
                                                                                        expenditures for
                                                                                        advisory committees;
                                                                                        (iii) Presidential or
                                                                                        agency management
                                                                                        directives; (iv) The
                                                                                        applicability of
                                                                                        conflict of interest
                                                                                        statutes and other
                                                                                        Federal ethics rules;
                                                                                        (v) Agency regulations
                                                                                        affecting advisory
                                                                                        committees; and (vi)
                                                                                        Other requirements
                                                                                        imposed by statute or
                                                                                        regulation on an agency
                                                                                        or its programs, such as
                                                                                        those governing the
                                                                                        employment of experts
                                                                                        and consultants or the
                                                                                        management of Federal
                                                                                        records.
----------------------------------------------------------------------------------------------------------------



    Subpart D_Advisory Committee Meeting and Recordkeeping Procedures



Sec.  102-3.135  What does this subpart cover and how does it apply?

    This subpart establishes policies and procedures relating to 
meetings and other activities undertaken by advisory committees and 
their subcommittees. This subpart also outlines what records must be 
kept by Federal agencies and what other documentation, including 
advisory committee minutes and reports, must be prepared and made 
available to the public.



Sec.  102-3.140  What policies apply to advisory committee meetings?

    The agency head, or the chairperson of an independent Presidential 
advisory committee, must ensure that:
    (a) Each advisory committee meeting is held at a reasonable time and 
in a manner or place reasonably accessible to the public, to include 
facilities that are readily accessible to and usable by persons with 
disabilities, consistent with the goals of section 504 of the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;
    (b) The meeting room or other forum selected is sufficient to 
accommodate

[[Page 29]]

advisory committee members, advisory committee or agency staff, and a 
reasonable number of interested members of the public;
    (c) Any member of the public is permitted to file a written 
statement with the advisory committee;
    (d) Any member of the public may speak to or otherwise address the 
advisory committee if the agency's guidelines so permit; and
    (e) Any advisory committee meeting conducted in whole or part by a 
teleconference, videoconference, the Internet, or other electronic 
medium meets the requirements of this subpart.



Sec.  102-3.145  What policies apply to subcommittee meetings?

    If a subcommittee makes recommendations directly to a Federal 
officer or agency, or if its recommendations will be adopted by the 
parent advisory committee without further deliberations by the parent 
advisory committee, then the subcommittee's meetings must be conducted 
in accordance with all openness requirements of this subpart.



Sec.  102-3.150  How are advisory committee meetings announced to the public?

    (a) A notice in the Federal Register must be published at least 15 
calendar days prior to an advisory committee meeting, which includes:
    (1) The name of the advisory committee (or subcommittee, if 
applicable);
    (2) The time, date, place, and purpose of the meeting;
    (3) A summary of the agenda, and/or topics to be discussed;
    (4) A statement whether all or part of the meeting is open to the 
public or closed; if the meeting is closed state the reasons why, citing 
the specific exemption(s) of the Government in the Sunshine Act, 5 
U.S.C. 552b(c), as the basis for closure; and
    (5) The name and telephone number of the Designated Federal Officer 
(DFO) or other responsible agency official who may be contacted for 
additional information concerning the meeting.
    (b) In exceptional circumstances, the agency or an independent 
Presidential advisory committee may give less than 15 calendar days 
notice, provided that the reasons for doing so are included in the 
advisory committee meeting notice published in the Federal Register.



Sec.  102-3.155  How are advisory committee meetings closed to the public?

    To close all or part of an advisory committee meeting, the 
Designated Federal Officer (DFO) must:
    (a) Obtain prior approval. Submit a request to the agency head, or 
in the case of an independent Presidential advisory committee, the 
Secretariat, citing the specific exemption(s) of the Government in the 
Sunshine Act, 5 U.S.C. 552b(c), that justify the closure. The request 
must provide the agency head or the Secretariat sufficient time 
(generally, 30 calendar days) to review the matter in order to make a 
determination before publication of the meeting notice required by Sec.  
102-3.150.
    (b) Seek General Counsel review. The General Counsel of the agency 
or, in the case of an independent Presidential advisory committee, the 
General Counsel of GSA should review all requests to close meetings.
    (c) Obtain agency determination. If the agency head, or in the case 
of an independent Presidential advisory committee, the Secretariat, 
finds that the request is consistent with the provisions in the 
Government in the Sunshine Act and FACA, the appropriate agency official 
must issue a determination that all or part of the meeting be closed.
    (d) Assure public access to determination. The agency head or the 
chairperson of an independent Presidential advisory committee must make 
a copy of the determination available to the public upon request.



Sec.  102-3.160  What activities of an advisory committee are not
subject to the notice and open meeting requirements of the Act?

    The following activities of an advisory committee are excluded from 
the procedural requirements contained in this subpart:
    (a) Preparatory work. Meetings of two or more advisory committee or 
subcommittee members convened solely to gather information, conduct 
research,

[[Page 30]]

or analyze relevant issues and facts in preparation for a meeting of the 
advisory committee, or to draft position papers for deliberation by the 
advisory committee; and
    (b) Administrative work. Meetings of two or more advisory committee 
or subcommittee members convened solely to discuss administrative 
matters of the advisory committee or to receive administrative 
information from a Federal officer or agency.



Sec.  102-3.165  How are advisory committee meetings documented?

    (a) The agency head or, in the case of an independent Presidential 
advisory committee, the chairperson must ensure that detailed minutes of 
each advisory committee meeting, including one that is closed or 
partially closed to the public, are kept. The chairperson of each 
advisory committee must certify the accuracy of all minutes of advisory 
committee meetings.
    (b) The minutes must include:
    (1) The time, date, and place of the advisory committee meeting;
    (2) A list of the persons who were present at the meeting, including 
advisory committee members and staff, agency employees, and members of 
the public who presented oral or written statements;
    (3) An accurate description of each matter discussed and the 
resolution, if any, made by the advisory committee regarding such 
matter; and
    (4) Copies of each report or other document received, issued, or 
approved by the advisory committee at the meeting.
    (c) The Designated Federal Officer (DFO) must ensure that minutes 
are certified within 90 calendar days of the meeting to which they 
relate.



Sec.  102-3.170  How does an interested party obtain access to advisory
committee records?

    Timely access to advisory committee records is an important element 
of the public access requirements of the Act. Section 10(b) of the Act 
provides for the contemporaneous availability of advisory committee 
records that, when taken in conjunction with the ability to attend 
committee meetings, provide a meaningful opportunity to comprehend fully 
the work undertaken by the advisory committee. Although advisory 
committee records may be withheld under the provisions of the Freedom of 
Information Act (FOIA), as amended, if there is a reasonable expectation 
that the records sought fall within the exemptions contained in section 
552(b) of FOIA, agencies may not require members of the public or other 
interested parties to file requests for non-exempt advisory committee 
records under the request and review process established by section 
552(a)(3) of FOIA.



Sec.  102-3.175  What are the reporting and recordkeeping requirements
for an advisory committee?

    (a) Presidential advisory committee follow-up report. Within one 
year after a Presidential advisory committee has submitted a public 
report to the President, a follow-up report required by section 6(b) of 
the Act must be prepared and transmitted to the Congress detailing the 
disposition of the advisory committee's recommendations. The Secretariat 
shall assure that these reports are prepared and transmitted to the 
Congress as directed by the President, either by the President's 
delegate, by the agency responsible for providing support to a 
Presidential advisory committee, or by the responsible agency or 
organization designated in the charter of the Presidential advisory 
committee pursuant to Sec.  102-3.75(a)(10). In performing this 
function, GSA may solicit the assistance of the President's delegate, 
the Office of Management and Budget (OMB), or the responsible agency 
Committee Management Officer (CMO), as appropriate. Reports shall be 
consistent with specific guidance provided periodically by the 
Secretariat.
    (b) Annual comprehensive review of Federal advisory committees. To 
conduct an annual comprehensive review of each advisory committee as 
specified in section 7(b) of the Act, GSA requires Federal agencies to 
report information on each advisory committee for which a charter has 
been filed in accordance with Sec.  102-3.70, and which is in existence 
during any part of a Federal fiscal year. Committee Management Officers 
(CMOs), Designated Federal Officers

[[Page 31]]

(DFOs), and other responsible agency officials will provide this 
information by data filed electronically with GSA on a fiscal year 
basis, using a Governmentwide shared Internet-based system that GSA 
maintains. This information shall be consistent with specific guidance 
provided periodically by the Secretariat. The preparation of these 
electronic submissions by agencies has been assigned interagency report 
control number (IRCN) 0304-GSA-AN.
    (c) Annual report of closed or partially-closed meetings. In 
accordance with section 10(d) of the Act, advisory committees holding 
closed or partially-closed meetings must issue reports at least 
annually, setting forth a summary of activities and such related matters 
as would be informative to the public consistent with the policy of 5 
U.S.C. 552(b).
    (d) Advisory committee reports. Subject to 5 U.S.C. 552, 8 copies of 
each report made by an advisory committee, including any report of 
closed or partially-closed meetings as specified in paragraph (c) of 
this section and, where appropriate, background papers prepared by 
experts or consultants, must be filed with the Library of Congress as 
required by section 13 of the Act for public inspection and use at the 
location specified Sec.  102-3.70(a)(3).
    (e) Advisory committee records. Official records generated by or for 
an advisory committee must be retained for the duration of the advisory 
committee. Upon termination of the advisory committee, the records must 
be processed in accordance with the Federal Records Act (FRA), 44 U.S.C. 
Chapters 21, 29-33, and regulations issued by the National Archives and 
Records Administration (NARA) (see 36 CFR parts 1220, 1222, 1228, and 
1234), or in accordance with the Presidential Records Act (PRA), 44 
U.S.C. Chapter 22.



  Sec. Appendix A to Subpart D of Part 102-3--Key Points and Principles

    This appendix provides additional guidance in the form of answers to 
frequently asked questions and identifies key points and principles that 
may be applied to situations not covered elsewhere in this subpart. The 
guidance follows:

----------------------------------------------------------------------------------------------------------------
 Key points and principles       Section(s)                   Question(s)                       Guidance
----------------------------------------------------------------------------------------------------------------
I. With some exceptions,    102-3.140, 102-      1. Must all advisory committee and    A. No. Advisory committee
 advisory committee          3.145(a), 102-       subcommittee meetings be open to      meetings may be closed
 meetings are open to the    3.155                the public?                           when appropriate, in
 public                                                                                 accordance with the
                                                                                        exemption(s) for closure
                                                                                        contained in the
                                                                                        Government in the
                                                                                        Sunshine Act, 5 U.S.C.
                                                                                        552b(c). (i)
                                                                                        Subcommittees that
                                                                                        report to a parent
                                                                                        advisory committee, and
                                                                                        not directly to a
                                                                                        Federal officer or
                                                                                        agency, are not required
                                                                                        to open their meetings
                                                                                        to the public or comply
                                                                                        with the procedures in
                                                                                        the Act for announcing
                                                                                        meetings. (ii) However,
                                                                                        agencies are cautioned
                                                                                        to avoid excluding the
                                                                                        public from attending
                                                                                        any meeting where a
                                                                                        subcommittee develops
                                                                                        advice or
                                                                                        recommendations that are
                                                                                        not expected to be
                                                                                        reviewed and considered
                                                                                        by the parent advisory
                                                                                        committee before being
                                                                                        submitted to a Federal
                                                                                        officer or agency. These
                                                                                        exclusions may run
                                                                                        counter to the
                                                                                        provisions of the Act
                                                                                        requiring
                                                                                        contemporaneous access
                                                                                        to the advisory
                                                                                        committee deliberative
                                                                                        process.
----------------------------------------------------------------------------------------------------------------

[[Page 32]]

 
II. Notices must be         102-3.150            1. Can agencies publish a single      A. Yes, agencies may
 published in the Federal                         Federal Register notice announcing    publish a single notice
 Register announcing                              multiple advisory committee           announcing multiple
 advisory committee                               meetings?                             meetings so long as
 meetings                                                                               these notices contain
                                                                                        all of the information
                                                                                        required by Sec.   102-
                                                                                        3.150. (i) ``Blanket
                                                                                        notices'' should not
                                                                                        announce meetings so far
                                                                                        in advance as to prevent
                                                                                        the public from
                                                                                        adequately being
                                                                                        informed of an advisory
                                                                                        committee's schedule.
                                                                                        (ii) An agency's Office
                                                                                        of General Counsel
                                                                                        should be consulted
                                                                                        where these notices
                                                                                        include meetings that
                                                                                        are either closed or
                                                                                        partially closed to the
                                                                                        public.
----------------------------------------------------------------------------------------------------------------

[[Page 33]]

 
III. Although certain       102-3.170            1. May an agency require the use of   A. No. Section 10(b) of
 advisory committee                               its internal FOIA procedures for      FACA provides that:
 records may be withheld                          access to advisory committee          Subject to section 552
 under the Freedom of                             records that are not exempt from      of title 5, United
 Information Act (FOIA),                          release under FOIA?                   States Code, the
 as amended, 5 U.S.C. 552,                                                              records, reports,
 agencies may not require                                                               transcripts, minutes,
 the use of FOIA                                                                        appendixes, working
 procedures for records                                                                 papers, drafts, studies,
 available under section                                                                agenda, or other
 10(b) of FACA                                                                          documents which were
                                                                                        made available to or
                                                                                        prepared for or by each
                                                                                        advisory committee shall
                                                                                        be available for public
                                                                                        inspection and copying
                                                                                        at a single location in
                                                                                        the offices of the
                                                                                        advisory committee or
                                                                                        the agency to which the
                                                                                        advisory committee
                                                                                        reports until the
                                                                                        advisory committee
                                                                                        ceases to exist. (i) The
                                                                                        purpose of section 10(b)
                                                                                        of the Act is to provide
                                                                                        for the contemporaneous
                                                                                        availability of advisory
                                                                                        committee records that,
                                                                                        when taken in
                                                                                        conjunction with the
                                                                                        ability to attend
                                                                                        advisory committee
                                                                                        meetings, provide a
                                                                                        meaningful opportunity
                                                                                        to comprehend fully the
                                                                                        work undertaken by the
                                                                                        advisory committee. (ii)
                                                                                        Although advisory
                                                                                        committee records may be
                                                                                        withheld under the
                                                                                        provisions of FOIA if
                                                                                        there is a reasonable
                                                                                        expectation that the
                                                                                        records sought fall
                                                                                        within the exemptions
                                                                                        contained in section
                                                                                        552(b) of FOIA, agencies
                                                                                        may not require members
                                                                                        of the public or other
                                                                                        interested parties to
                                                                                        file requests for non-
                                                                                        exempt advisory
                                                                                        committee records under
                                                                                        the request and review
                                                                                        process established by
                                                                                        section 552(a)(3) of
                                                                                        FOIA. (iii) Records
                                                                                        covered by the
                                                                                        exemptions set forth in
                                                                                        section 552(b) of FOIA
                                                                                        may be withheld. An
                                                                                        opinion of the Office of
                                                                                        Legal Counsel (OLC),
                                                                                        U.S. Department of
                                                                                        Justice concludes that:
                                                                                        FACA requires disclosure
                                                                                        of written advisory
                                                                                        committee documents,
                                                                                        including predecisional
                                                                                        materials such as
                                                                                        drafts, working papers,
                                                                                        and studies. The
                                                                                        disclosure exemption
                                                                                        available to agencies
                                                                                        under exemption 5 of
                                                                                        FOIA for predecisional
                                                                                        documents and other
                                                                                        privileged materials is
                                                                                        narrowly limited in the
                                                                                        context of FACA to
                                                                                        privileged ``inter-
                                                                                        agency or intra-agency''
                                                                                        documents prepared by an
                                                                                        agency and transmitted
                                                                                        to an advisory
                                                                                        committee. The language
                                                                                        of the FACA statute and
                                                                                        its legislative history
                                                                                        support this restrictive
                                                                                        application of exemption
                                                                                        5 to requests for public
                                                                                        access to advisory
                                                                                        committee documents.
                                                                                        Moreover, since an
                                                                                        advisory committee is
                                                                                        not itself an agency,
                                                                                        this construction is
                                                                                        supported by the express
                                                                                        language of exemption 5
                                                                                        which applies only to
                                                                                        inter-agency or intra-
                                                                                        agency materials. (iv)
                                                                                        Agencies first should
                                                                                        determine, however,
                                                                                        whether or not records
                                                                                        being sought by the
                                                                                        public fall within the
                                                                                        scope of FACA in
                                                                                        general, and section
                                                                                        10(b) of the Act in
                                                                                        particular, prior to
                                                                                        applying the available
                                                                                        exemptions under FOIA.
                                                                                        (See OLC Opinion 12 Op.
                                                                                        O.L.C. 73, dated April
                                                                                        29, 1988, which is
                                                                                        available from the
                                                                                        Committee Management
                                                                                        Secretariat (MC),
                                                                                        General Services
                                                                                        Administration, 1800 F
                                                                                        Street, NW., Washington,
                                                                                        DC 20405-0002.)
----------------------------------------------------------------------------------------------------------------

[[Page 34]]

 
IV. Advisory committee      102-175(e)           1. How must advisory committee        A. In order to ensure
 records must be managed                          records be treated and preserved?     proper records
 in accordance with the                                                                 management, the
 Federal Records Act                                                                    Committee Management
 (FRA), 44 U.S.C. Chapters                                                              Officer (CMO),
 21, 29-33, and                                                                         Designated Federal
 regulations issued by the                                                              Officer (DFO), or other
 National Archives and                                                                  representative of the
 Records Administration                                                                 advisory committee, in
 (NARA) (see 36 CFR parts                                                               coordination with the
 1220, 1222, 1228, and                                                                  agency's Records
 1234), or the                                                                          Management Officer,
 Presidential Records Act                                                               should clarify upon the
 (PRA), 44 U.S.C. Chapter                                                               establishment of the
 22                                                                                     advisory committee
                                                                                        whether its records will
                                                                                        be managed in accordance
                                                                                        with the FRA or the PRA.
                                                                                       B. Official records
                                                                                        generated by or for an
                                                                                        advisory committee must
                                                                                        be retained for the
                                                                                        duration of the advisory
                                                                                        committee. Responsible
                                                                                        agency officials are
                                                                                        encouraged to contact
                                                                                        their agency's Records
                                                                                        Management Officer or
                                                                                        NARA as soon as possible
                                                                                        after the establishment
                                                                                        of the advisory
                                                                                        committee to receive
                                                                                        guidance on how to
                                                                                        establish effective
                                                                                        records management
                                                                                        practices. Upon
                                                                                        termination of the
                                                                                        advisory committee, the
                                                                                        records must be
                                                                                        processed in accordance
                                                                                        with the FRA and
                                                                                        regulations issued by
                                                                                        NARA, or in accordance
                                                                                        with the PRA.
                                                                                       C. The CMO, DFO, or other
                                                                                        representative of an
                                                                                        advisory committee
                                                                                        governed by the FRA, in
                                                                                        coordination with the
                                                                                        agency's Records
                                                                                        Management Officer, must
                                                                                        contact NARA in
                                                                                        sufficient time to
                                                                                        review the process for
                                                                                        submitting any necessary
                                                                                        disposition schedules of
                                                                                        the advisory committee's
                                                                                        records upon
                                                                                        termination. In order to
                                                                                        ensure the proper
                                                                                        disposition of the
                                                                                        advisory committee's
                                                                                        records, disposition
                                                                                        schedules need to be
                                                                                        submitted to NARA no
                                                                                        later than 6 months
                                                                                        before the termination
                                                                                        of the advisory
                                                                                        committee.
                                                                                       D. For Presidential
                                                                                        advisory committees
                                                                                        governed by the PRA, the
                                                                                        CMO, DFO, or other
                                                                                        representative of the
                                                                                        advisory committee
                                                                                        should consult with the
                                                                                        White House Counsel on
                                                                                        the preservation of any
                                                                                        records subject to the
                                                                                        PRA, and may also confer
                                                                                        with NARA officials.
----------------------------------------------------------------------------------------------------------------



   Subpart E_How Does This Subpart Apply to Advice or Recommendations 
Provided to Agencies by the National Academy of Sciences or the National 
                    Academy of Public Administration?



Sec.  102-3.180  What does this subpart cover and how does it apply?

    This subpart provides guidance to agencies on compliance with 
section 15 of the Act. Section 15 establishes requirements that apply 
only in connection with a funding or other written agreement involving 
an agency's use of advice or recommendations provided to the agency by 
the National Academy of Sciences (NAS) or the National Academy of Public 
Administration (NAPA), if such advice or recommendations were developed 
by use of a committee created by either academy. For purposes of this 
subpart, NAS also includes the National Academy of Engineering, the 
Institute of Medicine, and the National Research Council. Except with 
respect to NAS committees that were the subject of judicial actions 
filed before December 17, 1997, no part of the Act other than section 15 
applies to any committee created by NAS or NAPA.

[[Page 35]]



Sec.  102-3.185  What does this subpart require agencies to do?

    (a) Section 15 requirements. An agency may not use any advice or 
recommendation provided to an agency by the National Academy of Sciences 
(NAS) or the National Academy of Public Administration (NAPA) under an 
agreement between the agency and an academy, if such advice or 
recommendation was developed by use of a committee created by either 
academy, unless:
    (1) The committee was not subject to any actual management or 
control by an agency or officer of the Federal Government; and
    (2) In the case of NAS, the academy certifies that it has complied 
substantially with the requirements of section 15(b) of the Act; or
    (3) In the case of NAPA, the academy certifies that it has complied 
substantially with the requirements of sections 15(b) (1), (2), and (5) 
of the Act.
    (b) No agency management or control. Agencies must not manage or 
control the specific procedures adopted by each academy to comply with 
the requirements of section 15 of the Act that are applicable to that 
academy. In addition, however, any committee created and used by an 
academy in the development of any advice or recommendation to be 
provided by the academy to an agency must be subject to both actual 
management and control by that academy and not by the agency.
    (c) Funding agreements. Agencies may enter into contracts, grants, 
and cooperative agreements with NAS or NAPA that are consistent with the 
requirements of this subpart to obtain advice or recommendations from 
such academy. These funding agreements require, and agencies may rely 
upon, a written certification by an authorized representative of the 
academy provided to the agency upon delivery to the agency of each 
report containing advice or recommendations required under the agreement 
that:
    (1) The academy has adopted policies and procedures that comply with 
the applicable requirements of section 15 of the Act; and
    (2) To the best of the authorized representative's knowledge and 
belief, these policies and procedures substantially have been complied 
with in performing the work required under the agreement.



  Sec. Appendix A to Subpart E of Part 102-3--Key Points and Principles

    This appendix provides additional guidance in the form of answers to 
frequently asked questions and identifies key points and principles that 
may be applied to situations not covered elsewhere in this subpart. The 
guidance follows:

----------------------------------------------------------------------------------------------------------------
 Key points and principles       Section(s)                   Question(s)                       Guidance
----------------------------------------------------------------------------------------------------------------
I. Section 15 of the Act    102-3.185(a)         1. May agencies rely upon an academy  A. Yes. NAS and NAPA are
 allows the National                              certification regarding compliance    completely separate
 Academy of Sciences (NAS)                        with section 15 of the Act if         organizations. Each is
 and the National Academy                         different policies and procedures     independently chartered
 of Public Administration                         are adopted by NAS and NAPA?          by the Congress for
 (NAPA) to adopt separate                                                               different purposes, and
 procedures for complying                                                               Congress has recognized
 with FACA                                                                              that the two
                                                                                        organizations are
                                                                                        structured and operate
                                                                                        differently. Agencies
                                                                                        should defer to the
                                                                                        discretion of each
                                                                                        academy to adopt
                                                                                        policies and procedures
                                                                                        that will enable it to
                                                                                        comply substantially
                                                                                        with the provisions of
                                                                                        section 15 of the Act
                                                                                        that apply to that
                                                                                        academy.
II. Section 15 of the Act   102-3.185(c)         1. Can an agency enter into a         A. Yes, if the members of
 allows agencies to enter                         funding agreement with an academy     the committee are
 into funding agreements                          which provides for the preparation    selected by the academy
 with NAS and NAPA without                        of one or more academy reports        and if the committee's
 the academies' committees                        containing advice or                  meetings, deliberations,
 being ``managed'' or                             recommendations to the agency, to     and the preparation of
 ``controlled''                                   be developed by the academy by use    reports are all
                                                  of a committee created by the         controlled by the
                                                  academy, without subjecting an        academy. Under these
                                                  academy to ``actual management or     circumstances, neither
                                                  control'' by the agency?              the existence of the
                                                                                        funding agreement nor
                                                                                        the fact that it
                                                                                        contemplates use by the
                                                                                        academy of an academy
                                                                                        committee would
                                                                                        constitute actual
                                                                                        management or control of
                                                                                        the committee by the
                                                                                        agency.
----------------------------------------------------------------------------------------------------------------


[[Page 36]]

 PART 102	4_NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS 
                               [RESERVED]



PART 102	5_HOME-TO-WORK TRANSPORTATION--Table of Contents



                            Subpart A_General

Sec.
102-5.5 Preamble.
102-5.10 What does this part cover?
102-5.15 Who is covered by this part?
102-5.20 Who is not covered by this part?
102-5.25 What additional guidance concerning home-to-work transportation 
          should Federal agencies issue?
102-5.30 What definitions apply to this part?

            Subpart B_Authorizing Home-to-Work Transportation

102-5.35 Who is authorized home-to-work transportation?
102-5.40 May the agency head delegate the authority to make home-to-work 
          determinations?
102-5.45 Should determinations be completed before an employee is 
          provided with home-to-work transportation?
102-5.50 May determinations be made in advance for employees who respond 
          to unusual circumstances when they arise?
102-5.55 How do we prepare determinations?
102-5.60 How long are initial determinations effective?
102-5.65 What procedures apply when the need for home-to-work 
          transportation exceeds the initial period?
102-5.70 What considerations apply in making a determination to 
          authorize home-to-work transportation for field work?
102-5.75 What circumstances do not establish a basis for authorizing 
          home-to-work transportation for field work?
102-5.80 What are some examples of positions that may involve field 
          work?
102-5.85 What information should our determination for field work 
          include if positions are identified rather than named 
          individuals?
102-5.90 Should an agency consider whether to base a Government 
          passenger carrier at a Government facility near the employee's 
          home or work rather than authorize the employee home-to-work 
          transportation?
102-5.95 Is the comfort and/or convenience of an employee considered 
          sufficient justification to authorize home-to-work 
          transportation?
102-5.100 May we use home-to-work transportation for other than official 
          purposes?
102-5.105 May others accompany an employee using home-to-work 
          transportation?

           Subpart C_Documenting and Reporting Determinations

102-5.110 Must we report our determinations outside of our agency?
102-5.115 When must we report our determinations?
102-5.120 What are our responsibilities for documenting use of home-to-
          work transportation?

    Authority: 40 U.S.C. 121(c); 31 U.S.C. 1344(e)(1).

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



                            Subpart A_General



Sec.  102-5.5  Preamble.

    (a) The questions and associated answers in this part are regulatory 
in effect. Thus compliance with the written text of this part is 
required by all to whom it applies.
    (b) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when 
used in this part, mean you as a Federal agency, an agency head, or an 
employee, as appropriate.



Sec.  102-5.10  What does this part cover?

    This part covers the use of Government passenger carriers to 
transport employees between their homes and places of work.



Sec.  102-5.15  Who is covered by this part?

    This part covers Federal agency employees in the executive, 
judicial, and legislative branches of the Government, with the exception 
of employees of the Senate, House of Representatives, Architect of the 
Capitol, and government of the District of Columbia.



Sec.  102-5.20  Who is not covered by this part?

    This part does not cover:
    (a) Employees who use a passenger carrier in conjunction with 
official travel, including temporary duty (TDY) or relocation;
    (b) Employees who are essential for the safe and efficient 
performance of

[[Page 37]]

intelligence, counterintelligence, protective services, or criminal law 
enforcement duties when designated in writing as such by their agency 
head; or
    (c) Employees who use a passenger carrier for transportation between 
places of employment and mass transit facilities (see, e.g., 41 CFR 102-
34.210).

[65 FR 54966, Sept. 12, 2000, as amended at 75 FR 41995, July 20, 2010]



Sec.  102-5.25  What additional guidance concerning home-to-work
transportation should Federal agencies issue?

    Each Federal agency using Government passenger carriers to provide 
home-to-work transportation for employees who are essential for the safe 
and efficient performance of intelligence, counterintelligence, 
protective services, or criminal law enforcement duties should issue 
guidance concerning such use.



Sec.  102-5.30  What definitions apply to this part?

    The following definitions apply to this part:
    Agency head means the highest official of a Federal agency.
    Clear and present danger means highly unusual circumstances that 
present a threat to the physical safety of the employee or their 
property when the danger is:
    (1) Real; and
    (2) Immediate or imminent, not merely potential; and
    (3) The use of a Government passenger carrier would provide 
protection not otherwise available.
    Compelling operational considerations means those circumstances 
where home-to-work transportation is essential to the conduct of 
official business or would substantially increase a Federal agency's 
efficiency and economy.
    Emergency means circumstances that exist whenever there is an 
immediate, unforeseeable, temporary need to provide home-to-work 
transportation for those employees necessary to the uninterrupted 
performance of the agency's mission. (An emergency may occur where there 
is a major disruption of available means of transportation to or from a 
work site, an essential Government service must be provided, and there 
is no other way to transport those employees.)
    Employee means a Federal officer or employee of a Federal agency, 
including an officer or enlisted member of the Armed Forces.
    Federal agency means:
    (1) A department (as defined in section 18 of the Act of August 2, 
1946 (41 U.S.C. 5a));
    (2) An executive department (as defined in 5 U.S.C. 101);
    (3) A military department (as defined in 5 U.S.C. 102);
    (4) A Government corporation (as defined in 5 U.S.C. 103(1));
    (5) A Government controlled corporation (as defined in 5 U.S.C. 
103(2));
    (6) A mixed-ownership Government corporation (as defined in 31 
U.S.C. 9101(2));
    (7) Any establishment in the executive branch of the Government 
(including the Executive Office of the President);
    (8) Any independent regulatory agency (including an independent 
regulatory agency specified in 44 U.S.C. 3502(10));
    (9) The Smithsonian Institution;
    (10) Any nonappropriated fund instrumentality of the United States; 
and
    (11) The United States Postal Service.
    Field work means official work requiring the employee's presence at 
various locations other than his/her regular place of work. (Multiple 
stops (itinerant-type travel) within the accepted local commuting area, 
limited use beyond the local commuting area, or transportation to remote 
locations that are only accessible by Government-provided transportation 
are examples of field work.)
    Home means the primary place where an employee resides and from 
which the employee commutes to his/her place of work.
    Home-to-work transportation means the use of a Government passenger 
carrier to transport an employee between his/her home and place of work.
    Passenger carrier means a motor vehicle, aircraft, boat, ship, or 
other similar means of transportation that is owned (including those 
that have come into the possession of the Government

[[Page 38]]

by forfeiture or donation), leased, or rented (non-TDY) by the United 
States Government.
    Work means any place within the accepted commuting area, as 
determined by the Federal agency for the locality involved, where an 
employee performs his/her official duties.



            Subpart B_Authorizing Home-to-Work Transportation



Sec.  102-5.35  Who is authorized home-to-work transportation?

    By statute, certain Federal officials are authorized home-to-work 
transportation, as are employees who meet certain statutory criteria as 
determined by their agency head. The Federal officials authorized by 
statute are the President, the Vice-President, and other principal 
Federal officials and their designees, as provided in 31 U.S.C. 
1344(b)(1) through (b)(7). Those employees engaged in field work, or 
faced with a clear and present danger, an emergency, or a compelling 
operational consideration may be authorized home-to-work transportation 
as determined by their agency head. No other employees are authorized 
home-to-work transportation.



Sec.  102-5.40  May the agency head delegate the authority to make 
home-to-work determinations?

    No, the agency head may not delegate the authority to make home-to-
work determinations.



Sec.  102-5.45  Should determinations be completed before an employee
is provided with home-to-work transportation?

    Yes, determinations should be completed before an employee is 
provided with home-to-work transportation unless it is impracticable to 
do so.



Sec.  102-5.50  May determinations be made in advance for employees who 
respond to unusual circumstances when they arise?

    Yes, determinations may be made in advance when the Federal agency 
wants to have employees ready to respond to:
    (a) A clear and present danger;
    (b) An emergency; or
    (c) A compelling operational consideration.

    Note to Sec.  102-5.50: Implementation of these determinations is 
contingent upon one of the three circumstances occurring. Thus, these 
may be referred to as ``contingency determinations.''



Sec.  102-5.55  How do we prepare determinations?

    Determinations must be in writing and include the:
    (a) Name and title of the employee (or other identification, if 
confidential);
    (b) Reason for authorizing home-to-work transportation; and
    (c) Anticipated duration of the authorization.



Sec.  102-5.60  How long are initial determinations effective?

    Initial determinations are effective for no longer than:
    (a) Two years for field work, updated as necessary; and
    (b) Fifteen days for other circumstances.



Sec.  102-5.65  What procedures apply when the need for home-to-work
transportation exceeds the initial period?

    The agency head may approve unlimited subsequent determinations, 
when the need for home-to-work transportation exceeds the initial 
period, for no longer than:
    (a) Two years each for field work, updated as necessary; and
    (b) Ninety calendar days each for other circumstances.



Sec.  102-5.70  What considerations apply in making a determination 
to authorize home-to-work transportation for field work?

    Agencies should consider the following when making a determination 
to authorize home-to-work transportation for field work:
    (a) The location of the employee's home in proximity to his/her work 
and to the locations where non-TDY travel is required; and
    (b) The use of home-to-work transportation for field work should be 
authorized only to the extent that such

[[Page 39]]

transportation will substantially increase the efficiency and economy of 
the Government.



Sec.  102-5.75  What circumstances do not establish a basis for authorizing 
home-to-work transportation for field work?

    The following circumstances do not establish a basis for authorizing 
home-to-work transportation for field work:
    (a) When an employee assigned to field work is not actually 
performing field work.
    (b) When the employee's workday begins at his/her work; or
    (c) When the employee normally commutes to a fixed location, however 
far removed from his/her official duty station (for example, auditors or 
investigators assigned to a defense contractor plant).

    Note to Sec.  102-5.75: For instances where an employee is 
authorized home-to-work transportation under the field work provision, 
but performs field work only on an intermittent basis, the agency shall 
establish procedures to ensure that a Government passenger carrier is 
used only when field work is actually being performed. Although some 
employees' daily work station is not located in a Government office, 
these employees are not performing field work. Like all Government 
employees, employees working in a ``field office'' are responsible for 
their own commuting costs.



Sec.  102-5.80  What are some examples of positions that may involve
field work?

    Examples of positions that may involve field work include, but are 
not limited to:
    (a) Quality assurance inspectors;
    (b) Construction inspectors;
    (c) Dairy inspectors;
    (d) Mine inspectors;
    (e) Meat inspectors; and
    (f) Medical officers on outpatient service.

    Note to Sec.  102-5.80: The assignment of an employee to such a 
position does not, of itself, entitle an employee to receive daily home-
to-work transportation.



Sec.  102-5.85  What information should our determination for field work
include if positions are identified rather than named individuals?

    If positions are identified rather than named individuals, your 
determination for field work should include sufficient information to 
satisfy an audit, if necessary. This information should include the job 
title, number, and operational level where the work is to be performed 
(e.g., five recruiter personnel or, positions at the Detroit Army 
Recruiting Battalion).

    Note to Sec.  102-5.85: An agency head may elect to designate 
positions rather than individual names, especially in positions where 
rapid turnover occurs.



Sec.  102-5.90  Should an agency consider whether to base a Government
passenger carrier at a Government facility near the employee's home or
work rather than authorize the employee home-to-work transportation?

    Yes, situations may arise where, for cost or other reasons, it is in 
the Government's interest to base a Government passenger carrier at a 
Government facility located near the employee's home or work rather than 
authorize the employee home-to-work transportation.



Sec.  102-5.95  Is the comfort and/or convenience of an employee considered
sufficient justification to authorize home-to-work transportation?

    No, the comfort and/or convenience of an employee is not considered 
sufficient justification to authorize home-to-work transportation.



Sec.  102-5.100  May we use home-to-work transportation for other than 
official purposes?

    No, you may not use home-to-work transportation for other than 
official purposes. However, if your agency has prescribed rules for the 
incidental use of Government vehicles (as provided in 31 U.S.C. note), 
you may use the vehicle in accordance with those rules in connection 
with an existing home-to-work authorization.



Sec.  102-5.105  May others accompany an employee using home-to-work
transportation?

    Yes, an employee authorized home-to-work transportation may share 
space in a Government passenger carrier with other individuals, provided 
that the passenger carrier does not travel additional distances as a 
result

[[Page 40]]

and such sharing is consistent with his/her Federal agency's policy. 
When a Federal agency establishes its space sharing policy, the Federal 
agency should consider its potential liability for and to those 
individuals. Home-to-work transportation does not extend to the 
employee's spouse, other relatives, or friends unless they travel with 
the employee from the same point of departure to the same destination, 
and this use is consistent with the Federal agency's policy.



           Subpart C_Documenting and Reporting Determinations



Sec.  102-5.110  Must we report our determinations outside of our
agency?

    Yes, you must submit your determinations to the following 
Congressional Committees:
    (a) Chairman, Committee on Governmental Affairs, United States 
Senate, Suite SD-340, Dirksen Senate Office Building, Washington, DC 
20510-6250; and
    (b) Chairman, Committee on Governmental Reform, United States House 
of Representatives, Suite 2157, Rayburn House Office Building, 
Washington, DC 20515-6143.



Sec.  102-5.115  When must we report our determinations?

    You must report your determinations to Congress no later than 60 
calendar days after approval. You may consolidate any subsequent 
determinations into a single report and submit them quarterly.



Sec.  102-5.120  What are our responsibilities for documenting use of
home-to-work transportation?

    Your responsibilities for documenting use of home-to-work 
transportation are that you must maintain logs or other records 
necessary to verify that any home-to-work transportation was for 
official purposes. Each agency may decide the organizational level at 
which the logs should be maintained and kept. The logs or other records 
should be easily accessible for audit and should contain:
    (a) Name and title of employee (or other identification, if 
confidential) using the passenger carrier;
    (b) Name and title of person authorizing use;
    (c) Passenger carrier identification;
    (d) Date(s) home-to-work transportation is authorized;
    (e) Location of residence;
    (f) Duration; and
    (g) Circumstances requiring home-to-work transportation.

                      PARTS 102	6_102	30 [RESERVED]

[[Page 41]]



                     SUBCHAPTER B_PERSONAL PROPERTY



                     PART 102	31_GENERAL [RESERVED]

         PART 102	32_MANAGEMENT OF PERSONAL PROPERTY [RESERVED]



PART 102	33_MANAGEMENT OF GOVERNMENT AIRCRAFT--Table of Contents



                     Subpart A_How These Rules Apply

                                 General

Sec.
102-33.5 To whom do these rules apply?
102-33.6 How are the terms ``we,'' ``you,'' ``your,'' and ``our'' used 
          in this part?
102-33.10 May we request approval to deviate from these rules?
102-33.15 How does this part relate to Title 14 of the Code of Federal 
          Regulations?
102-33.20 What definitions apply to this part?

                            Responsibilities

102-33.25 What are our responsibilities under this part?
102-33.30 What are the duties of an agency's Senior Aviation Management 
          Official (SAMO)?
102-33.35 How can we get help in carrying out our responsibilities?
102-33.40 What are some of GSA's responsibilities for Federal aviation 
          management?

       Subpart B_Acquiring Government Aircraft and Aircraft Parts

                                Overview

102-33.50 Under what circumstances may we acquire Government aircraft?
102-33.55 Are there restrictions on acquiring Government aircraft?
102-33.60 What methods may we use to acquire Government aircraft?
102-33.65 What is the process for acquiring Government aircraft?

                 Planning to Acquire Government Aircraft

102-33.70 What directives must we follow when planning to acquire 
          Government aircraft?
102-33.75 What other guidance is available to us in planning to acquire 
          Government aircraft?

                            OMB Circular A-76

102-33.80 Must we comply with OMB Circular A-76 before we acquire 
          Government aircraft?

        The Process for Budgeting To Acquire Government Aircraft

102-33.90 What is the process for budgeting to acquire a Federal 
          aircraft (including a Federal aircraft transferred from 
          another executive agency)?
102-33.95 What is the process for budgeting to acquire Commercial 
          Aviation Services (CAS)?

               Contracting to Acquire Government Aircraft

102-33.100 What are our responsibilities when contracting to purchase or 
          capital lease a Federal aircraft or to award a CAS contract?
102-33.105 What minimum requirements must we put into our CAS contracts?

                        Acquiring Aircraft Parts

102-33.110 What are our responsibilities when acquiring aircraft parts?
102-33.115 Are there requirements for acquiring military Flight Safety 
          Critical Aircraft Parts (FSCAP)?
102-33.120 Are there requirements for acquiring life-limited parts?

        Subpart C_Managing Government Aircraft and Aircraft Parts

                                Overview

102-33.125 If we use Federal aircraft, what are our management 
          responsibilities?
102-33.130 If we hire CAS, what are our management responsibilities?
102-33.135 Do we have to follow the direction in OMB Circular A-123, 
          ``Management's Accountability and Control,'' for establishing 
          management controls for our aviation program?

                  Establishing Flight Program Standards

102-33.140 What are Flight Program Standards?
102-33.145 Why must we establish Flight Program Standards?
102-33.150 What Federally-funded aviation activities of executive 
          agencies are exempt from establishing Flight Program Standards 
          under this part?
102-33.155 How must we establish Flight Program Standards?

[[Page 42]]

                        Management/Administration

102-33.160 What standards must we establish or require (contractually, 
          where applicable) for management/administration of our flight 
          program?

                               Operations

102-33.165 What standards must we establish or require (contractually, 
          where applicable) for operation of our flight program?

                               Maintenance

102-33.170 What standards must we establish or require (contractually, 
          where applicable) for maintenance of our Government aircraft?

                                Training

102-33.175 What standards must we establish or require (contractually, 
          where applicable) to train our flight program personnel?

                                 Safety

102-33.180 What standards should we establish or require (contractually, 
          where applicable) for aviation safety management?
102-33.185 What standards should we establish or require (contractually, 
          where applicable) for responding to aircraft accidents and 
          incidents?

             Accounting for the Costs of Government Aircraft

102-33.190 What are the aircraft operations and ownership costs for 
          which we must account?
102-33.195 Do we need an automated system to account for aircraft costs?
102-33.200 Must we periodically justify owning and operating Federal 
          aircraft?
102-33.205 When we use our aircraft to support other executive agencies, 
          must we recover the operating costs?

              Accounting for the Use of Government Aircraft

102-33.210 How do we account for the use of our Government aircraft?
102-33.215 May we use Government aircraft to carry passengers?
102-33.220 What are the responsibilities of our aviation program in 
          justifying the use of a Government aircraft to transport 
          passengers?

                         Managing Aircraft Parts

102-33.225 How must we manage aircraft parts?
102-33.230 May we use military FSCAP on non-military FAA-type 
          certificated Government aircraft?
102-33.235 What documentation must we maintain for life-limited parts 
          and FSCAP?

  Subpart D_Disposing or Replacing of Government Aircraft and Aircraft 
                                  Parts

                                Overview

102-33.240 What must we consider before disposing or replacing aircraft 
          and aircraft parts?
102-33.245 May we report as excess, or replace (i.e., by exchange/sale), 
          both operational and non-operational aircraft?
102-33.250 May we declassify aircraft?
102-33.255 Must we document FSCAP or life-limited parts installed on 
          aircraft that we will report as excess or replace?
102-33.260 When we report as excess, or replace, an aircraft (including 
          a declassified aircraft), must we report the change in 
          inventory to the Federal Aviation Interactive Reporting System 
          (FAIRS)?

                    Reporting Excess Federal Aircraft

102-33.265 What must we do with aircraft that are excess to our needs?
102-33.270 What is the process for reporting an excess aircraft?

                Replacing Aircraft Through Exchange/Sale

102-33.275 What should we consider before replacing our aircraft through 
          an exchange/sale?
102-33.280 What are our options if we need a replacement aircraft?
102-33.285 Do we need to include any special disclaimers in our 
          exchange/sale agreements for non-certificated aircraft or 
          aircraft that we have operated as public aircraft (i.e., not 
          in compliance with 14 CFR)?
102-33.295 May we exchange/sell an aircraft through reimbursable 
          transfer to another executive agency or conduct a negotiated 
          sale at fixed price to a State Agency for Surplus Property 
          (SASP)?

                       Disposing of Aircraft Parts

102-33.300 What must we consider before disposing of aircraft parts?
102-33.305 May we report as excess, or replace, FSCAP and life-limited 
          parts?
102-33.310 May we report as excess, or replace, unsalvageable aircraft 
          parts?
102-33.315 What are the procedures for mutilating unsalvageable aircraft 
          parts?
102-33.320 What must we do if we are unable to perform required 
          mutilation of aircraft parts?
102-33.325 What documentation must we furnish with excess, surplus, or 
          replaced parts when they are transferred, donated, exchanged, 
          or sold?

[[Page 43]]

                     Reporting Excess Aircraft Parts

102-33.330 What must we do with aircraft parts that are excess to our 
          needs?
102-33.335 What are the receiving agency's responsibilities in the 
          transfer of aircraft parts?
102-33.340 What are GSA's responsibilities in disposing of excess and 
          surplus aircraft parts?
102-33.345 What are the responsibilities of a State Agency for Surplus 
          Property (SASP) in the donation of Federal Government aircraft 
          parts?

             Replacing Aircraft Parts Through Exchange/Sale

102-33.350 What do we need to consider for an exchange/sale of our 
          aircraft parts?
102-33.355 May we exchange/sell aircraft parts through a reimbursable 
          transfer to another executive agency or conduct a negotiated 
          sale at fixed price to a State Agency for Surplus Property 
          (SASP)?
102-33.360 What is the process for exchanging/selling aircraft parts for 
          replacement?
102-33.365 Must we report exchange/sale of parts to FAIRS?

 Special Requirements for Disposing of Flight Safety Critical Aircraft 
                  Parts (FSCAP) and Life-Limited Parts

102-33.370 What must we do to dispose of military FSCAP and/or life-
          limited parts?
102-33.375 What is a FSCAP Criticality Code?

         Subpart E_Reporting Information on Government Aircraft

                                Overview

102-33.380 Who must report information to GSA on Government aircraft?
102-33.385 What Federally-funded aviation activities of executive 
          agencies are exempt from the requirement to report information 
          to GSA on Government aircraft?
102-33.390 What information must we report on Government aircraft?

          Federal Aviation Interactive Reporting System (FAIRS)

102-33.395 What is FAIRS?
102-33.400 How must we report to FAIRS?
102-33.405 When must we report to FAIRS?

                         Federal Inventory Data

102-33.410 What are Federal inventory data?
102-33.415 When may we declassify an aircraft and remove it from our 
          Federal aircraft inventory?
102-33.420 How must we declassify an aircraft?

               Federal Aircraft Cost and Utilization Data

102-33.425 What Federal aircraft cost and utilization data must we 
          report?
102-33.430 Who must report Federal aircraft cost and utilization data?

      Commercial Aviation Services (CAS) Cost and Utilization Data

102-33.435 What CAS cost and utilization data must we report?
102-33.440 Who must report CAS cost and utilization data?

                       Accident and Incident Data

102-33.445 What accident and incident data must we report?
102-33.450 How must we report accident and incident data?

        Common Aviation Management Information Standard (C-AMIS)

102-33.455 What is C-AMIS?
102-33.460 What is our responsibility in relation to C-AMIS?

                         Performance Indicators

102-33.465 What is a performance indicator?
102-33.470 Must we develop performance indicators?
102-33.475 What are some examples of performance indicators that we can 
          use?

Appendix A to Part 102-33--Disclosure Statement for Crewmembers and 
          Qualified Non-Crewmembers Flying on Board Government Aircraft 
          Operated as Public Aircraft

    Authority: 40 U.S.C. 121(c); 31 U.S.C. 101 et seq.; Reorganization 
Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970 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: 79 FR 77336, Dec. 23, 2014, unless otherwise noted.



                     Subpart A_How These Rules Apply

                                 General



Sec.  102-33.5  To whom do these rules apply?

    (a) The rules in this part apply to all Federally-funded aviation 
activities of executive branch agencies of the U.S. Government who use 
Government aircraft to accomplish their official business, except for 
the exemptions listed in paragraph (b) of this section.
    (b) The rules in this part do not apply to the following:

[[Page 44]]

    (1) The Armed Forces, except for:
    (i) Section 102-33.25(e) and (g), which concern responsibilities 
related to the Interagency Committee for Aviation Policy (ICAP); and
    (ii) Subpart D of this part, ``Disposing of Government Aircraft and 
Aircraft Parts.''
    (2) The President or Vice President and their offices;
    (3) Aircraft when an executive agency provides Government-furnished 
avionics for commercially owned or privately owned aircraft for the 
purposes of technology demonstration or testing; and
    (4) Privately owned aircraft that agency personnel use for official 
travel (even though such use is Federally-funded).



Sec.  102-33.6  How are the terms ``we,'' ``you,'' ``your,'' and
``our'' used in this part?

    In this part, ``we'', ``you'', ``your'', and ``our'' refer to agency 
aviation managers or an executive agency.



Sec.  102-33.10  May we request approval to deviate from these rules?

    (a) You may request approval to deviate from the rules in this part. 
See Sec. Sec.  102-2.60 through 102-2.110 of this chapter for guidance 
on requesting a deviation. In most cases, GSA will respond to your 
written request within 30 days;
    (b) GSA may not grant deviations from the requirements of OMB 
Circular A-126, ``Improving the Management of Government Aircraft;'' and
    (c) You should consult with GSA's Aviation Policy Division before 
you request a deviation.



Sec.  102-33.15  How does this part relate to Title 14 of the 
Code of Federal Regulations?

    This part does not supersede any of the regulations in 14 CFR 
Chapter I, ``Federal Aviation Administration, Department of 
Transportation.''



Sec.  102-33.20  What definitions apply to this part?

    The following definitions apply to this part:
    Acquire means to procure or otherwise obtain personal property, 
including by lease or rent.
    Acquisition date means the date that the acquiring executive agency 
took responsibility for the aircraft, e.g., received title (through 
purchase, exchange, or gift), signed a bailment agreement with the 
Department of Defense (DOD), took physical custody, received a court 
order, put into operational status an aircraft that is newly 
manufactured by the agency, or otherwise accepted physical transfer 
(e.g., in the case of a borrowed aircraft).
    Aircraft part means an individual component or an assembly of 
components that is used on aircraft.
    Armed Forces mean the Army, Navy, Air Force, Marine Corps, and Coast 
Guard, including their regular and Reserve components and members 
serving without component status. For purposes of this part, the 
National Guard is also included in the Armed Forces.
    Aviation life support equipment (ALSE) means equipment that protects 
flight crewmembers and others aboard an aircraft, assisting their safe 
escape, survival, and recovery during an accident or other emergency.
    Aviation Policy Division is a division in the Office of Asset and 
Transportation Management, Office of Government-wide Policy, GSA. 
Contact the staff via the Aircraft Management Overview page at http://
www.gsa.gov/aviationpolicy.
    Crewmember means a person assigned to operate or assist in operating 
an aircraft during flight time. Crewmembers perform duties directly 
related to the operation of the aircraft (e.g., as pilots, co-pilots, 
flight engineers, navigators) or duties assisting in operation of the 
aircraft (e.g., as flight directors, crew chiefs, electronics 
technicians, mechanics). See also the terms and definitions for 
``Qualified non-crewmember'' and ``Passenger'' in this section.
    Criticality code means a single digit code that DOD assigns to 
military Flight Safety Critical Aircraft Parts (FSCAP) (see Sec. Sec.  
102-33.115 and 102-33.370).
    Data plate means a fireproof plate that is inscribed with certain 
information required by 14 CFR part 45 (or for military surplus 
aircraft, as required by Military Specifications), and secured to an 
aircraft, aircraft engine, or propeller. The information must be

[[Page 45]]

marked by etching, stamping, engraving, or other approved method of 
fireproof marking. The plate must be attached in such a manner that it 
is not likely to be defaced or removed during normal service or lost or 
destroyed in an accident. Data plates are required only on certificated 
aircraft. However, non-certificated aircraft may also have data plates.
    Declassify means to remove a lost, destroyed, or non-operational 
aircraft from the Federal aircraft inventory. Agencies may declassify 
only non-operational aircraft that they will retain for ground use only. 
Agencies must declassify an aircraft following the rules in Sec. Sec.  
102-33.415 and 102-33.420.
    Disposal date means the date that the disposing executive agency 
relinquishes responsibility for an aircraft, for example, when the 
agency transfers title in the case of an exchange/sale; returns the 
aircraft to the lessor or bailer; declassifies it (for FAIRS, 
declassification is considered a ``disposal'' action, even though the 
agency retains the property); or relinquishes custody to another agency 
(i.e., in the case of excess (transferred) or surplus (donated or sold) 
aircraft).
    Donated aircraft means an aircraft disposed of as surplus by GSA 
through donation to a non-Federal government, a tax-exempt nonprofit 
entity, or other eligible recipient, following the rules in part Sec.  
102-37 (some agencies, for example DOD, may have independent donation 
authority.)
    Exchange means to replace personal property by trade or trade-in 
with the supplier of the replacement property.
    Exchange/sale means to exchange or sell non-excess, non-surplus 
personal property and apply the exchange allowance or proceeds of sale 
in whole or in part payment for the acquisition of similar property. See 
40 U.S.C. 503.
    Exclusive use means a condition under which an aircraft is operated 
for the sole benefit of the U.S. Government.
    Executive agency means any executive department or independent 
establishment in the executive branch of the United States Government, 
including any wholly owned Government corporation. See 5 U.S.C. 105.
    Federal Acquisition Service (FAS) means a component of GSA. FAS is 
organized by geographical regions. The FAS Property Management Division 
in GSA's Pacific Rim Region, 450 Golden Gate Ave., San Francisco, CA 
94102-3434, has responsibility for disposing of excess and surplus 
aircraft.
    Federal aircraft means manned or unmanned aircraft that an executive 
agency owns (i.e., holds title to) or borrows for any length of time. 
Federal aircraft include--
    (1) Bailed aircraft: Federal aircraft that is owned by one executive 
agency, but is in the custody of and operated by another executive 
agency under an agreement that may or may not include cost-
reimbursement. Bailments are executive agency to executive agency 
agreements and involve only aircraft, not services;
    (2) Borrowed aircraft: Aircraft owned by a non-executive agency and 
provided to an executive agency for use without compensation. The 
executive agency operates and maintains the aircraft;
    (3) Forfeited aircraft: 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;
    (4) Loaned aircraft: Federal aircraft owned by an executive agency, 
but in the custody of a non-executive agency under an agreement that 
does not include compensation; and
    (5) Owned aircraft: An aircraft for which title or rights of title 
are vested in an executive agency.

    Note to definition of Federal aircraft: When an executive agency 
loans or bails an aircraft that meets the criteria for Federal aircraft, 
the loaned or bailed aircraft is still considered a Federal aircraft in 
the owning agency's inventory, except when DOD is the owning agency of a 
bailed aircraft. In that case, the aircraft is recorded in the inventory 
of the bailee.

    Federal Aviation Interactive Reporting System (FAIRS) is a 
management information system operated by GSA to collect, maintain, 
analyze, and report information on Federal aircraft inventories and cost 
and usage of Federal aircraft and CAS aircraft (and related services) 
(see Sec. Sec.  102-33.395 through 102-33.440).

[[Page 46]]

    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 shutdown resulting in an unsafe condition.
    Full service contract means a contractual agreement through which an 
executive agency acquires an aircraft and related aviation services 
(e.g., pilot, crew, maintenance, catering) for exclusive use. Aircraft 
hired under full service contracts are commercial aviation services 
(CAS), not Federal aircraft, regardless of the length of the contract.
    Government aircraft means manned or unmanned aircraft operated for 
the exclusive use of an executive agency. Government aircraft include--
    (1) Federal aircraft (see definition for ``Federal aircraft'' in 
this section); and
    (2) Aircraft hired as commercial aviation services (CAS). CAS 
include--
    (i) Leased aircraft for exclusive use for an agreed upon period of 
time (The acquiring executive agency operates and maintains the 
aircraft);
    (ii) Capital lease aircraft for which the leasing agency holds an 
option to take title;
    (iii) Charter aircraft for hire under a contractual agreement for 
one-time exclusive use that specifies performance (The commercial source 
operates and maintains a charter aircraft);
    (iv) Rental aircraft obtained commercially under an agreement in 
which the executive agency has exclusive use for an agreed upon period 
of time (The executive agency operates, but does not maintain, a rental 
aircraft);
    (v) Contracting for full services (i.e., aircraft and related 
aviation services for exclusive use); or
    (vi) Obtaining related aviation services (i.e., services but not 
aircraft) by commercial contract, except those services acquired to 
support a Federal aircraft.
    Governmental function means a Federally-funded activity that an 
executive agency performs in compliance with its statutory authorities.
    Intelligence community means those agencies identified in the 
National Security Act, 50 U.S.C. 401a(4).
    Inter-service support agreement (ISSA) means any agreement between 
two or more executive agencies (including the Department of Defense) in 
which one agency consents to perform aviation support services (e.g., 
providing an aircraft and other aviation services or providing only 
services) for another agency with or without cost-reimbursement. An 
executive agency-to-executive agency agreement that involves only the 
use of an aircraft, not services, is a bailment, not an ISSA.
    Life-limited part means any aircraft part that has an established 
replacement time, inspection interval, or other time-related procedure 
associated with it. For non-military parts, the FAA specifies life-
limited part airworthiness limitations in 14 CFR 21.50, 23.1529, 
25.1529, 27.1529, 29.1529, 31.82, 33.4, and 35.5, and on product Type 
Certificate Data Sheets (TCDS). Letters authorizing Technical Standards 
Orders (TSO) must also note or reference mandatory replacement or 
inspection of parts.
    Military aircraft part means an aircraft part used on an aircraft 
that was developed by the Armed Forces (whether or not it carries an FAA 
airworthiness certificate).
    Non-operational aircraft means a Federal aircraft that is not safe 
for flight and, in the owning executive agency's determination, cannot 
economically be made safe for flight. This definition refers to the 
aircraft's flight capability, not its mission-support equipment 
capability. An aircraft that is temporarily out of service for 
maintenance or repair and can economically be made safe for flight is 
considered an operational aircraft.
    Official Government business in relation to Government aircraft--
    (1) Includes, but is not limited to--
    (i) Carrying crewmembers, qualified non-crewmembers, and cargo 
directly required for or associated with performing Governmental 
functions (including travel-related Governmental functions);
    (ii) Carrying passengers authorized to travel on Government aircraft 
(see OMB Circular A-126); and
    (iii) Training pilots and other aviation personnel.
    (2) Does not include--

[[Page 47]]

    (i) Using Government aircraft for personal or political purposes, 
except for required use travel and space available travel as defined in 
OMB Circular A-126; or
    (ii) Carrying passengers who are not officially authorized to travel 
on Government aircraft.
    Operational aircraft means a Federal aircraft that is safe for 
flight or, in the owning executive agency's determination, can 
economically be made safe for flight. This definition refers to the 
aircraft's flight capability, not its mission-support capability. An 
aircraft temporarily out of service for maintenance or repair is 
considered an operational aircraft.
    Original equipment manufacturer (OEM) means the person or company 
who originally designed, engineered, and manufactured, or who currently 
holds the data rights to manufacture, a specific aircraft or aircraft 
part. Parts produced under a Parts Manufacturer Approval (PMA) are not 
considered OEM parts, even though they can be acceptable replacement 
parts for OEM parts.
    Passenger means a person flying onboard a Government aircraft who is 
officially authorized to travel and who is not a crewmember or qualified 
non-crewmember.
    Performance indicator means a quantitative or qualitative term or 
value for reporting organizational activities and results, generally 
with respect to achieving specific goals related to outcomes, outputs, 
efficiency, and inputs. When applied to aircraft, performance indicators 
typically measure the effectiveness and efficiency of the processes 
involved with safely delivering aircraft services.
    Production approval holder (PAH) means the person or company who 
holds a Production Certificate (PC), Approved Production Inspection 
System (APIS), Parts Manufacturer Approval (PMA), or Technical Standards 
Orders Authorization (TSOA), issued under provisions of 14 CFR part 21, 
Certification Procedures for Products and Parts, and who controls the 
design, manufacture, and quality of a specific aircraft part.
    Qualified non-crewmember means an individual, other than a member of 
the crew, aboard an aircraft--
    (1) Operated by an United States Government agency in the 
intelligence community; or
    (2) Whose presence is required to perform or is associated with 
performing the Governmental function for which the aircraft is being 
operated (Qualified non-crewmembers are not passengers).
    Registration mark means the unique identification mark that is 
assigned by the FAA and displayed on U.S.-registered Government aircraft 
(except Armed Forces aircraft). Foreign-registered aircraft hired as CAS 
will carry their national registration markings. Registration markings 
are commonly referred to as tail numbers.
    Related aviation services contract means a commercial contractual 
agreement through which an executive agency hires aviation services only 
(not aircraft), e.g., pilot, crew, maintenance, cleaning, dispatching, 
or catering.
    Required use travel means use of a Government aircraft for the 
travel of an executive agency officer or employee where the use of the 
Government aircraft is required because of bona fide communications or 
security need of the agency or exceptional scheduling requirements. 
Required use travel must be approved as described in OMB Circular A-126.
    Risk analysis and management means a systematic process for--
    (1) Identifying risks and hazards associated with alternative 
courses of action involved in an aviation operation;
    (2) Choosing from among these alternatives the course(s) of action 
that will promote optimum aviation safety;
    (3) Assessing the likelihood and predicted severity of an injurious 
mishap within the various courses of action;
    (4) Controlling and mitigating identified risks and hazards within 
the chosen course(s) of action; and
    (5) Periodically reviewing the chosen course(s) of action to 
identify possible emerging risks and hazards.
    Safe for flight means approved for flight and refers to an aircraft, 
aircraft engine, propeller, appliance, or part that has been inspected 
and certified to meet the requirements of applicable

[[Page 48]]

regulations, specifications, or standards. When applied to an aircraft 
that an executive agency operates under FAA regulations, safe for flight 
means ``airworthy,'' i.e., the aircraft or related parts meet their 
design specifications and are in a condition, relative to wear and 
deterioration, for safe operation. When applied to an aircraft that an 
executive agency uses, but does not operate under the FAA regulations, 
safe for flight means a state of compliance with military specifications 
or the executive agency's own Flight Program Standards, and as approved, 
inspected, and certified by the agency.
    Safety Management System (SMS) means a formal, top-down business-
like approach to managing safety risk. It includes systematic 
procedures, practices, and policies for the management of safety, safety 
risk management, safety policy, safety assurance, and safety promotion. 
For more information on SMS, refer to FAA Advisory Circular 120-92, 
``Safety Management Systems for Aviation Service Providers.''
    Senior Aviation Management Official (SAMO) means the person in an 
executive agency who is the agency's primary member of the Interagency 
Committee for Aviation Policy (ICAP). This person must be of appropriate 
grade and position to represent the agency and promote flight safety and 
adherence to standards.
    Serviceable aircraft part means a part that is safe for flight, can 
fulfill its operational requirements, and is sufficiently documented to 
indicate that the part conforms to applicable standards/specifications.
    Suspected unapproved part means an aircraft part, component, or 
material that any person suspects of not meeting the requirements of an 
``approved part.'' Approved parts are those that are produced in 
compliance with 14 CFR part 21, are maintained in compliance with 14 CFR 
parts 43 and 91, and meet applicable design standards. A part, 
component, or material may be suspect because of its questionable 
finish, size, or color; improper (or lack of) identification; incomplete 
or altered paperwork; or any other questionable indication. See detailed 
guidance in FAA Advisory Circular 21-29, ``Detecting and Reporting 
Suspected Unapproved Parts,'' available from the FAA at http://
www.faa.gov.
    Traceable part means an aircraft part whose manufacturer or 
production approval holder can be identified by documentation, markings/
characteristics on the part, or packaging of the part. Non-military 
parts are traceable if you can establish that the parts were 
manufactured in accordance with or were previously determined to be 
airworthy under rules in 14 CFR parts 21 and 43. Possible sources for 
making a traceability determination could be shipping tickets, bar 
codes, invoices, parts marking (e.g., PMA, TSO), data plates, serial/
part numbers, manufacturing production numbers, maintenance records, 
work orders, etc.
    Training means instruction for all flight program personnel (to 
include administrative, maintenance and dispatch personnel), which 
enables them to qualify initially for their positions and to maintain 
qualification for their positions over time.
    Note: This instruction can apply to either public or civil missions 
as defined in the latest version of the FAA's Advisory Circular for 
Government aircraft operations.
    Unmanned Aircraft Systems (UAS) means an unmanned aircraft and its 
associated elements related to safe operations, which may include but 
not be limited to control stations, data communications links, support 
equipment, payloads, flight termination systems, and launch/recovery 
equipment. The unmanned aircraft (UA) is the flying component of the 
system, flown by a pilot via a ground control system, or autonomously 
through the use of an on-board computer, communication links, and any 
additional equipment necessary for the unmanned aircraft to operate 
safely. The Federal Aviation Administration issues either an 
Airworthiness Directive (AD) or a Certificate of Authorization (COA) for 
the entire system, not just the flying component of the system. 
Reporting of UAS costs and flight hours is only required if the 
accumulated costs for acquisition and operations meets the agency's 
threshold for capitalization, and the UAS has a useful life of two years 
or more.
    Unsalvageable aircraft part means an aircraft part that cannot be 
restored to

[[Page 49]]

a condition that is safe for flight because of its age, its physical 
condition, a non-repairable defect, insufficient documentation, or its 
non-conformance with applicable standards/specifications.
    U.S. Government Aircraft Cost Accounting Guide (CAG) means guidance 
for the accounting of Government aircraft costs published by GSA and is 
based on the cost guidance within OMB Circular A-126, OMB Circular A-76, 
FAIRS, and the U.S. Government Standard General Ledger.

                            Responsibilities



Sec.  102-33.25  What are our responsibilities under this part?

    Under this part, your responsibilities are to--
    (a) Acquire, manage, and dispose of Federal aircraft (see the 
definition of ``Federal aircraft'' in Sec.  102-33.20) and acquire and 
manage Commercial Aviation Services (CAS) (see the definition for 
``CAS'' in paragraph (2) of the definition of ``Government aircraft'' in 
Sec.  102-33.20) as safely, efficiently, and effectively as possible 
consistent with the nature of your agency's aviation missions;
    (b) Document and report the--
    (1) Types and numbers of your Federal aircraft;
    (2) Costs of acquiring and operating Government aircraft;
    (3) Amount of time that your agency uses Government aircraft; and
    (4) Accidents and incidents involving Government aircraft;
    (c) Ensure that your Government aircraft are used only to accomplish 
your agency's official Government business;
    (d) Ensure that all passengers traveling on your agency's Government 
aircraft are authorized to travel on such aircraft (see OMB Circular A-
126);
    (e) Appoint (by letter to the Deputy Associate Administrator, Office 
of Asset and Transportation Management, Office of Government-wide 
Policy, GSA) a Senior Aviation Management Official (SAMO), who will be 
your agency's primary member of the ICAP (this paragraph (e) applies to 
all executive agencies that use aircraft, including the Department of 
Defense (DOD), the Federal Aviation Administration (FAA), and the 
National Transportation Safety Board (NTSB), but excludes executive 
agencies that only hire aircraft occasionally for a specific flight). It 
is suggested that an agency's SAMO have:
    (1) Experience as a pilot or crew member; or
    (2) Management experience within an aviation operations management/
flight program.
    (f) Designate an official (by letter to the Deputy Associate 
Administrator, Office of Asset and Transportation Management, Office of 
Government-wide Policy, GSA) to certify the accuracy and completeness of 
information reported by your agency through FAIRS. (Armed Forces 
agencies, which include the DOD and the U.S. Coast Guard, are not 
required to report information to FAIRS.);
    (g) Appoint representatives of the agency as members of ICAP 
subcommittees and working groups;
    (h) Ensure that your agency's internal policies and procedures are 
consistent with the requirements of OMB Circulars A-126, A-76 and A-11, 
Federal Aviation Administration Advisory Circular 120-92, and this part; 
and
    (i) Ensure that safety and other critical aviation program 
requirements are satisfied. Executive agencies that only hire aircraft 
occasionally for specific flights, must either:
    (1) Establish an aviation program that complies with the 
requirements of OMB Circular A-126; or
    (2) Hire those aircraft through an agency with a policy-compliant 
aviation program.



Sec.  102-33.30  What are the duties of an agency's Senior Aviation
Management Official (SAMO)?

    The duties of an agency's Senior Aviation Management Official (SAMO) 
are to--
    (a) Represent the agency's views to the ICAP and vote on behalf of 
the agency as needed;
    (b) Contribute technical and operational policy expertise to ICAP 
deliberations and activities;
    (c) Serve as the designated approving official for FAIRS when the 
agency elects to have one person serve as both the SAMO and the 
designated official

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for FAIRS (DOD will not have a designated official for FAIRS); and
    (d) Appoint representatives of the agency as members of ICAP 
subcommittees and working groups.



Sec.  102-33.35  How can we get help in carrying out our responsibilities?

    To get help in carrying out your responsibilities under this part, 
you may--
    (a) Call or write to GSA's Aviation Policy Division (see definition 
in Sec.  102-33.20); or
    (b) Find additional aviation program management information on the 
Internet at http://www.gsa.gov/aviationpolicy.



Sec.  102-33.40  What are some of GSA's responsibilities for Federal
aviation management?

    Under OMB Circular A-126, ``Improving the Management and Use of 
Government Aircraft,'' (http://www.whitehouse.gov/omb) GSA's chief 
responsibilities for Federal aviation management are to maintain--
    (a) A single office to carry out Governmentwide responsibilities for 
Government aircraft management, and publishing that policy;
    (b) An interagency committee (i.e., the ICAP), whose members 
represent the executive agencies that use Government aircraft to conduct 
their official business (including FAA and NTSB specifically) and advise 
and consult with GSA on developing policy for managing Government 
aircraft;
    (c) A management information system to collect, analyze, and report 
information on the inventory, cost, usage, and safety of Government 
aircraft; and
    (d) A set of performance indicators, policy recommendations, and 
guidance for the procurement, operation, and safety and disposal of 
Government aircraft.

    Note to Sec.  102-33.40: See OMB Circular A-126 (http://
www.whitehouse.gov/omb) for a complete listing of GSA's responsibilities 
related to Federal aviation.



       Subpart B_Acquiring Government Aircraft and Aircraft Parts

                                Overview



Sec.  102-33.50  Under what circumstances may we acquire Government
aircraft?

    (a) When you meet the requirements for operating an in-house 
aviation program contained in OMB Circular A-76, ``Performance of 
Commercial Activities'' and OMB Circular A-11, ``Preparation, 
Submission, and Execution of the Budget,'' Part 2, ``Preparation and 
Submission of Budget Estimates,'' Section 25.5, ``Summary of 
Requirements,'' Table 1, which refers to the Business Case for 
Acquisition and Maintenance of Aircraft, and Section 51.18, ``Budgeting 
for the acquisition of capital assets,'' subparagraph (d) (Both 
circulars are available at http://www.whitehouse.gov/omb), you may--
    (1) Acquire Federal aircraft when--
    (i) Aircraft are the optimum means of supporting your agency's 
official business;
    (ii) You do not have aircraft that can support your agency's 
official business safely (e.g., in compliance with applicable safety 
standards and regulations) and cost-effectively;
    (iii) No commercial or other Governmental source is available to 
provide aviation services safely (i.e., in compliance with applicable 
safety standards and regulations) and cost-effectively; and
    (iv) Congress has specifically authorized your agency to purchase, 
lease, or transfer aircraft and to maintain and operate those aircraft 
(see 31 U.S.C. 1343);
    (2) Acquire Commercial Aviation Services (CAS) when--
    (i) Aircraft are the optimum means of supporting your agency's 
official business; and
    (ii) Using commercial aircraft and services is safe (i.e., conforms 
to applicable laws, safety standards, and regulations) and is more cost 
effective than using Federal aircraft, aircraft from any other 
Governmental source, or scheduled air carriers.
    (b) When acquiring aircraft, aircraft selection must be based on 
need, a strong business case, and life-cycle cost

[[Page 51]]

analysis, which conform to OMB Circular A-11, ``Preparation, Submission, 
and Execution of the Budget,'' Part 2, ``Preparation and Submission of 
Budget Estimates,'' Section 25.5, ``Summary of Requirements,'' Table 1, 
which refers to the Business Case for Acquisition and Maintenance of 
Aircraft (available at http://www.whitehouse.gov/omb).



Sec.  102-33.55  Are there restrictions on acquiring Government aircraft?

    Yes, you may not acquire--
    (a) More aircraft than you need to carry out your official business;
    (b) Aircraft of greater size or capacity than you need to perform 
your Governmental functions cost-effectively; or
    (c) Federal aircraft that Congress has not authorized your agency to 
acquire or Federal aircraft or commercial aircraft and services for 
which you have not followed the requirements in OMB Circulars A-76 and 
A-11 (available at http://www.whitehouse.gov/omb).



Sec.  102-33.60  What methods may we use to acquire Government aircraft?

    Following the requirements of Sec. Sec.  102-33.50 and 102-33.55, 
you (or an internal bureau or sub-agency within your agency) may acquire 
Government aircraft by means including, but not limited to--
    (a) Purchase;
    (b) Borrowing from a non-Federal source;
    (c) Bailment from another executive agency;
    (d) Exchange/sale;
    (e) Reimbursable transfer from another executive agency (see 
Sec. Sec.  102-36.75 and 102-36.80);
    (f) Transfer from another executive agency as approved by GSA;
    (g) Reassignment from one internal bureau or subagency to another 
within your agency;
    (h) Transfer of previously forfeited aircraft;
    (i) Insurance replacement (i.e., receiving a replacement aircraft);
    (j) Capital lease;
    (k) Rent or charter;
    (l) Contract for full services (i.e., aircraft plus crew and related 
aviation services) from a commercial source; or
    (m) Inter-service support agreements with other executive agencies 
for aircraft and services.



Sec.  102-33.65  What is the process for acquiring Government aircraft?

    Acquiring Government aircraft, as described in Sec. Sec.  102-33.70 
through 102-33.105, generally follows a three-step process:
    (a) Planning;
    (b) Budgeting; and
    (c) Contracting.

                 Planning To Acquire Government Aircraft



Sec.  102-33.70  What directives must we follow when planning to 
acquire Government aircraft?

    When planning to acquire Government aircraft, you must follow the 
requirements in--
    (a) 31 U.S.C. 1343, ``Buying and Leasing Passenger Motor Vehicles 
and Aircraft'';
    (b) OMB Circular A-126, ``Improving the Management and Use of 
Government Aircraft'' (http://www.whitehouse.gov/omb);
    (c) OMB Circular A-11, Part 2, Section 25.5, Table 1, Business Case 
for Acquisition and Maintenance of Aircraft (http://www.whitehouse.gov/
omb);
    (d) OMB Circular A-76, ``Performance of Commercial Activities'' 
(http://www.whitehouse.gov/omb); and
    (e) OMB Circular A-94, ``Guidelines and Discount Rates for Benefit-
Cost Analysis of Federal Programs'' (http://www.whitehouse.gov/omb).



Sec.  102-33.75  What other guidance is available to us in planning
to acquire Government aircraft?

    You can find guidance for acquisition planning in:
    (a) The ``Aviation Planning Desk Guide'' (available at http://
www.gsa.gov/aviationpolicy) and
    (b) OMB's ``Capital Programming Guide,'' which is a supplement to 
OMB Circular A-11 (http://www.whitehouse.gov/omb).

[[Page 52]]

                            OMB Circular A-76



Sec.  102-33.80  Must we comply with OMB Circular A-76 before we acquire
Government aircraft?

    Yes, before you acquire Government aircraft, you must comply with 
OMB Circular A-76 (http://www.whitehouse.gov/omb). If you are acquiring 
Federal aircraft, you must ensure that the private sector cannot provide 
Government aircraft or related aviation services more cost-effectively 
than you can provide Federal aircraft and related services.

        The Process for Budgeting To Acquire Government Aircraft



Sec.  102-33.90  What is the process for budgeting to acquire a Federal
aircraft (including a Federal aircraft transferred from another executive
agency)?

    (a) The process for budgeting to acquire a Federal aircraft or to 
accept a Federal aircraft transferred from another executive agency 
requires that you have specific authority from Congress in your 
appropriation, as called for in 31 U.S.C. 1343, to--
    (1) Purchase, capital lease, or lease a Federal aircraft and to 
operate and maintain it; or
    (2) Accept a Federal aircraft transferred from another executive 
agency and to operate and maintain it.
    (b) For complete information on budgeting to own Federal aircraft 
(i.e., large purchase of a capital asset), see OMB Circular A-11, Part 
2, Sections 25.1 and 51.18. Also see Sec. Sec.  102-33.70 and 102-33.75.



Sec.  102-33.95  What is the process for budgeting to acquire Commercial 
Aviation Services (CAS)?

    Except for leases and capital leases, for which you must have 
specific Congressional authorization as required by 31 U.S.C. 1343, you 
may budget to fund your CAS out of your agency's operating budget. Also 
see Sec. Sec.  102-33.70 and 102-33.75.

               Contracting To Acquire Government Aircraft



Sec.  102-33.100  What are our responsibilities when contracting to 
purchase or capital lease a Federal aircraft or to award a CAS contract?

    In contracting to purchase or capital lease a Federal aircraft or to 
award a CAS contract, you must follow the Federal Acquisition Regulation 
(FAR) (48 CFR Chapter 1) unless your agency is exempt from following the 
FAR.



Sec.  102-33.105  What minimum requirements must we put into our CAS 
contracts?

    At a minimum, your CAS contracts and agreements must require that 
any provider of CAS comply with--
    (a) Civil standards in 14 CFR that are applicable to the type of 
operation(s) you are asking the contractor to conduct;
    (b) Applicable military standards; or
    (c) Your agency's Flight Program Standards (see Sec. Sec.  102-
33.140 through 102-33.185 for the requirements for Flight Program 
Standards).

                        Acquiring Aircraft Parts



Sec.  102-33.110  What are our responsibilities when acquiring aircraft
parts?

    When acquiring aircraft parts, you must:
    (a) Acquire the parts cost-effectively and acquire only what you 
need;
    (b) Inspect and verify that all incoming parts are documented as 
safe for flight prior to installation;
    (c) Obtain all logbooks (if applicable) and maintenance records (for 
guidance on maintaining records for non-military parts, see Federal 
Aviation Administration (FAA) Advisory Circular 43-9C, ``Maintenance 
Records,'' which is available from the FAA at http://www.faa.gov);
    (d) Plan for adequate storage and protection; and
    (e) Refer to FAA Advisory Circular 21-29C, Change (2), ``Detecting 
and Reporting Suspected Unapproved Parts'' (http://www.faa.gov).

[[Page 53]]



Sec.  102-33.115  Are there requirements for acquiring military Flight
Safety Critical Aircraft Parts (FSCAP)?

    Yes, when you acquire military Flight Safety Critical Aircraft Parts 
(FSCAP), you must--
    (a) Accept FSCAP only when it is documented or traceable to its 
original equipment manufacturer. A part's DOD FSCAP Criticality Code 
should be marked or tagged on the part or appear on its invoice/transfer 
document (see Sec.  102-33.375 for further explanation of the FSCAP 
Criticality Codes); and
    (b) Not install undocumented, but traceable FSCAP until you have the 
parts inspected and recertified by the original equipment manufacturer 
or other FAA-approved facility (see Sec.  102-33.370 on FSCAP and AC 20-
142).



Sec.  102-33.120  Are there requirements for acquiring life-limited parts?

    Yes, when you acquire new or used life-limited parts, you must--
    (a) Identify and inspect the parts, ensuring that they have civil or 
military-certified documentation; and
    (b) Mutilate and dispose of any expired life-limited parts (see 
Sec.  102-33.370 on handling life-limited parts).



        Subpart C_Managing Government Aircraft and Aircraft Parts

                                Overview



Sec.  102-33.125  If we use Federal aircraft, what are our management
responsibilities?

    If you use Federal aircraft, you are responsible for--
    (a) Establishing agency-specific Flight Program Standards, as 
defined in Sec. Sec.  102-33.140 through 102-33.185;
    (b) Accounting for the cost of acquiring, operating, and supporting 
your aircraft;
    (c) Accounting for the use of your aircraft;
    (d) Maintaining and accounting for aircraft parts;
    (e) Reporting inventory, cost, and utilization data (for reporting 
requirements, see subpart E of this part); and
    (f) Properly disposing of aircraft and parts following Sec. Sec.  
102-33.240 through 102-33.375.



Sec.  102-33.130  If we hire CAS, what are our management responsibilities?

    If you hire CAS, you are responsible for--
    (a) Establishing agency-specific Flight Program Standards, as 
defined in Sec. Sec.  102-33.140 through 102-33.185, as applicable, and 
requiring compliance with these standards in your contracts and 
agreements;
    (b) Accounting for the cost of your aircraft and services hired as 
CAS;
    (c) Accounting for the use of your aircraft hired as CAS; and
    (d) Reporting the cost and usage data for your CAS hires (for 
reporting requirements, see subpart E of this part).



Sec.  102-33.135  Do we have to follow OMB Circular A-123,
``Management Accountability and Control,'' for establishing management
controls for our aviation program?

    Yes, you must follow OMB Circular A-123, ``Management's 
Responsibility for Accountability and Control'' (http://
www.whitehouse.gov/omb), when establishing management controls for your 
aviation program. The circular requires that you establish 
organizations, policies, and procedures to ensure that, among other 
things, your aviation program achieves its intended results and you use 
your resources consistently with your agency's missions.

                  Establishing Flight Program Standards



Sec.  102-33.140  What are Flight Program Standards?

    Flight Program Standards are the minimum requirements that must be 
incorporated into your flight programs to ensure that your aircraft are 
operated safely, effectively, and efficiently. These requirements must:
    (a) Be specific to your agency's aviation operations, including your 
CAS;
    (b) Meet the requirements identified in Sec. Sec.  102-33.155 
through 102-33.185.
    (c) Meet or exceed applicable civil or military rules (in particular 
49 U.S.C. 40102(a)(37) and 40125), and applicable FAA regulations); and
    (d) Incorporate risk management techniques when civil or military 
rules do not apply.

[[Page 54]]



Sec.  102-33.145  Why must we establish Flight Program Standards?

    You must establish Flight Program Standards because Title 14 of the 
Code of Federal Regulations (14 CFR) may not cover or address all 
aspects of your agency's flight program, such as non-certificated 
aircraft, high-risk operations, special personnel requirements, etc.



Sec.  102-33.150  What Federally-funded aviation activities of executive 
agencies are exempt from establishing Flight Program Standards under 
this part?

    The following Federally-funded activities are exempt from 
establishing Flight Program Standards under this part:
    (a) The Armed Forces (which includes the U.S. Coast Guard);
    (b) Agencies in the Intelligence Community; and
    (c) Entities outside the executive branch of the Federal Government 
when using aircraft loaned to them by an executive agency (that is, 
owned by an executive agency, but operated by and on behalf of the 
loanee) unless the loanee--
    (1) Uses the aircraft to conduct official Government business; or
    (2) Is required to follow Sec. Sec.  102-33.140 through 102-33.185 
under a Memorandum of Agreement governing the loan.



Sec.  102-33.155  How must we establish Flight Program Standards?

    To establish Flight Program Standards, you must write, publish (as 
appropriate), implement, and comply with standards (specific to your 
agency), which establish or require (contractually, where applicable) 
policies and procedures for--
    (a) Management/administration of your flight program (in this part, 
``flight program'' includes CAS contracts);
    (b) Operation of your flight program;
    (c) Maintenance of your Government aircraft;
    (d) Training for your flight program personnel;
    (e) Safety of your flight program;
    (f) Accident reporting and investigation as appropriate; and
    (g) Reporting to FAIRS as required by this part.

                        Management/Administration



Sec.  102-33.160  What standards must we establish or require 
(contractually, where applicable) for management/administration of
our flight program?

    For management/administration of your flight program, you must 
establish or require (contractually, where applicable)--
    (a) A management structure responsible for the administration, 
operation, safety, training, maintenance, and financial needs of your 
aviation operation (including establishing minimum requirements for 
these items for any commercial contracts); and
    (b) Guidance describing the roles, responsibilities, and authorities 
of your flight program personnel, e.g., managers, pilots and other 
crewmembers, flight safety personnel, maintenance personnel, 
administrative personnel and dispatchers.

                               Operations



Sec.  102-33.165  What standards must we establish or require
(contractually, where applicable) for operation of our flight program?

    For operation of your flight program, you must establish or require 
(contractually, where applicable)--
    (a) Basic qualifications and currency requirements for your pilots 
and other crewmembers, maintenance personnel, administrative personnel 
and other mission-related personnel;
    (b) Limitations on duty time and flight time for pilots and other 
crewmembers;
    (c) Procedures to record and track flight time, duty time, training 
of crewmembers, and applicable medical requirements;
    (d) Compliance with owning-agency or military safety of flight 
notices and operational bulletins;
    (e) Flight-following procedures to notify management and initiate 
search and rescue operations for lost or downed aircraft;
    (f) Dissemination, as your agency determines appropriate, of a 
disclosure statement to all crewmembers and

[[Page 55]]

qualified non-crewmembers who fly aboard your agency's Government 
aircraft (see Appendix A to this part);
    (g) Creation of a manifest, at the origin of each flight, that 
contains the full names of all persons on board for each leg of flight, 
a point of contact for each person, and phone numbers for the points of 
contact;
    (h) Documentation of any changes in the manifest by leg, and 
retention of manifests for two years from the time of flight;
    (i) Procedures for reconciling flight manifests with persons 
actually on board and a method to test those procedures periodically;
    (j) At the origin of each flight, preparation of a complete weight 
and balance computation and a cargo-loading manifest, and retention of 
this computation and manifest for 30 days from the date of flight;
    (k) Appropriate emergency procedures and equipment for specific 
missions;
    (l) Procedures to ensure that required Aviation Life Support 
Equipment (ALSE) is inspected and serviceable; and
    (m) Procedures to implement a ``risk assessment'' before each flight 
and/or as frequently as necessary that include such items as weather, 
crew rest, type of flight (low level, Instrument Flight Rules (IFR), 
night, etc.) crew makeup, etc. This process should be accomplished in 
accordance with your agency's operations, flight dispatch, or flight 
following procedures/program.

                               Maintenance



Sec.  102-33.170  What standards must we establish or require
(contractually, where applicable) for maintenance of our Government
aircraft?

    For maintenance of your Government aircraft, you must establish or 
require (contractually, where applicable)--
    (a) Procedures to record and track duty time and training of 
maintenance personnel;
    (b) Aircraft maintenance and inspection programs that comply with 
whichever is most applicable among--
    (1) Programs for ex-military aircraft;
    (2) Manufacturers' programs;
    (3) FAA-approved programs (i.e., following the applicable parts of 
14 CFR);
    (4) FAA-accepted programs (i.e., those following ICAP guides or 
similar programs that have been accepted by the FAA); or
    (5) Your agency's self-prescribed programs;
    (c) Compliance with owning-agency or military safety of flight 
notices, FAA airworthiness directives, advisory circulars and orders, or 
mandatory manufacturers' bulletins applicable to the types of aircraft, 
engines, propellers, and appliances you operate;
    (d) Procedures for operating aircraft with inoperable instruments 
and equipment (i.e., Minimum Equipment Lists and Configuration Deviation 
Lists);
    (e) Technical support, including appropriate engineering 
documentation and testing, for aircraft, powerplant, propeller, or 
appliance repairs, modifications, or equipment installations;
    (f) A quality control system for acquiring replacements, ensuring 
that the parts you acquire are suitable replacement parts and have the 
documentation needed to determine that they are safe for flight and are 
inspected and tested, as applicable;
    (g) Procedures for recording and tracking maintenance actions; 
inspections; and the flight hours, cycles, and calendar times of life-
limited parts and FSCAP; and
    (h) The use of alternative aviation fuels in fleet aircraft to the 
maximum extent possible consistent with the availability of approved 
alternative fuels and aircraft operating procedures or manuals for those 
aircraft.

                                Training



Sec.  102-33.175  What standards must we establish or require 
(contractually, where applicable) to train our flight program personnel?

    You must establish or require (contractually, where applicable) the 
following standards to train your flight program personnel--
    (a) An instructional program to train your flight program personnel, 
initially and on a recurrent basis, in their roles, responsibilities, 
authorities, and in the operational skills relevant to

[[Page 56]]

the types of operations that you conduct. Flight program personnel may 
include, e.g., managers, pilots and other crewmembers, flight safety 
personnel, maintenance personnel, administrative personnel and 
dispatchers; and
    (b) An instructional program that meets the specific requirements 
for safety manager training identified in Sec.  102-33.180(a).

                                 Safety



Sec.  102-33.180  What standards should we establish or require
(contractually, where applicable) for aviation safety management?

    You should establish or require (contractually, where applicable) 
the following aviation safety management standards:
    (a) By June 30, 2015, a Safety Management System (SMS) that complies 
with the FAA's current Advisory Circular that addresses Safety 
Management Systems (SMS) or an equivalent internationally recognized SMS 
standard. The SMS should include:
    (1) Policies that define clear roles and responsibilities for 
implementing an SMS. This includes ensuring that senior level management 
has the ultimate responsibility for your SMS. It also includes 
appointing members of management as qualified aviation safety managers 
and safety officers (i.e., individuals who are responsible for an 
agency's aviation safety program, regardless of title), who should be--
    (i) Experienced as pilots, crewmembers, maintenance personnel, or 
have experience in aviation management or aviation maintenance program 
management; and
    (ii) Graduated or certificated from an aviation safety officer 
course provided by a recognized training provider and authority in 
aviation safety before appointment or within one year after appointment; 
and
    (2) A program for preventing accidents, which includes--
    (i) Measurable accident prevention procedures (e.g., safety reviews, 
clear roles and responsibilities, operations and maintenance procedures, 
pilot and mechanic proficiency evaluations, fire drills, hazard 
analyses);
    (ii) A procedure or system for disseminating accident-prevention 
information;
    (iii) Safety training;
    (iv) An aviation safety awards program that includes applying for 
the annual Federal Aviation Awards as appropriate;
    (v) An annual review to ensure compliance with the GSA Gold Standard 
Program; and
    (vi) A safety council or committee (applies to Federal aircraft-
owning agencies);
    (b) Procedures and processes for risk analysis and risk management 
that identify and mitigate hazards through formal administrative and 
engineering controls and provide recommendations to senior level 
managers for managing risk to an optimum level;
    (c) Policies that require the use of independent, unbiased 
inspectors to verify compliance with the standards called for in this;
    (d) Procedures for reporting unsafe operations to agency aviation 
safety officers and senior aviation safety managers without reprisal;
    (e) A system to collect and report information on aircraft accidents 
and incidents (as required by 49 CFR part 830 and 41 CFR 102-33.445 and 
102-33.450);
    (f) Policies that identify clear standards for acceptable behavior; 
and
    (g) A security program that includes--
    (1) A designated security manager;
    (2) A threat assessment process;
    (3) Procedures for preventing and deterring unlawful acts;
    (4) Procedures for responding to threats and unlawful acts;
    (5) Security training for personnel; and
    (6) Policies and procedures for a mail security plan that meet the 
mail security requirements contained in FMR 102-192, ``Mail 
Management,'' Subpart C, ``Security Requirements for All Agencies,'' 
Sec. Sec.  102-192.70 through 102-192.80. Specifically, section 102-
192.80 identifies topics that must be addressed in an agency's mail 
security plan, to include a plan to protect staff

[[Page 57]]

and all other occupants of agency facilities from hazards that might be 
delivered in the mail, which would include an agency's use of aircraft 
for mail delivery.



Sec.  102-33.185  What standards must we establish or require 
(contractually, where applicable) for responding to aircraft accidents
and incidents?

    You must establish or require (contractually, where applicable) the 
following standards for responding to aircraft accidents and incidents:
    (a) An aircraft accident/incident reporting policy to ensure that 
you will comply with the National Transportation Safety Board's (NTSB) 
regulations (located in 49 CFR parts 830 and 831), including notifying 
NTSB immediately when you have an aircraft accident or an incident as 
defined in 49 CFR 830.5. In addition, this policy must contain a method 
of notifying the U.S. General Services Administration of an accident or 
incident that was reported to the NTSB. Refer to Sec. Sec.  102-33.445 
and 102-33.450 for further information;
    (b) An agency, bureau, or field level accident/incident response 
plan, modeled on the NTSB's ``Federal Plan for Aviation Accidents 
Involving Aircraft Operated by or Chartered by Federal Agencies,'' and 
periodic disaster response exercises to test your plan. A copy of the 
NTSB's plan is available at http://www.ntsb.gov. The plan should also 
refer to or incorporate procedures (as outlined in FAA Advisory Circular 
120-92) to identify the potential for accidents or incidents;
    (c) Procedures (see 49 CFR 831.11) for participation as a party to 
NTSB accident or incident investigations involving aircraft that your 
agency either owns or hires, and for conducting parallel investigations, 
as appropriate;
    (d) Training in investigating accidents/incidents for your agency's 
personnel who may be asked to participate in NTSB investigations or to 
conduct a parallel investigation; and
    (e) Procedures for disseminating, in the event of an aviation 
disaster that involves one of your Government aircraft, information 
about eligibility for benefits contained in the disclosure statement in 
appendix A of this part to anyone injured, to the injured or deceased 
persons' points of contact (listed on the manifest), and to the families 
of injured or deceased crewmembers and qualified non-crewmembers.

    Note to Sec.  102-33.185: This part does not supersede any of the 
regulations in 49 CFR parts 830 and 831. For definitions of terms and 
complete regulatory guidance on notifying the NTSB and reporting 
aircraft accidents and incidents, see 49 CFR parts 830 and 831.

             Accounting for the Costs of Government Aircraft



Sec.  102-33.190  What are the aircraft operations and ownership costs 
for which we must account?

    You must account for the operations and ownership costs of your 
Government aircraft, including your Unmanned Aircraft Systems (UAS), as 
described in the ``U.S. Government Aircraft Cost Accounting Guide'' 
(CAG), available at (http://www.gsa.gov/aviationpolicy), which follows 
OMB Circular A-126 (http://www.whitehouse.gov/omb). To account for 
aircraft costs, you must do at least the following:
    (a) Justify acquisitions to support the agency's aviation program;
    (b) Justify the use of Government aircraft in lieu of commercially 
available aircraft, and the use of one Government aircraft in lieu of 
another;
    (c) Develop a variable cost rate for each aircraft or aircraft type 
(i.e., make and model) in your inventory;
    (d) Recover the costs of operating Government aircraft;
    (e) Determine the cost effectiveness of various aspects of agency 
aircraft programs; and
    (f) Accumulate aircraft program costs following the procedures 
defined in the CAG, available at (http://www.gsa.gov/aviationpolicy).



Sec.  102-33.195  Do we need an automated system to account for aircraft
costs?

    (a) Yes, if you own Federal aircraft or operate bailed aircraft, you 
must maintain an automated system to account for aircraft costs by 
collecting the cost data elements required by FAIRS. The functional 
specifications and data definitions for a FAIRS-compliant system are 
described in the ``Common Aviation Management Information Standard'' (C-
AMIS), which is

[[Page 58]]

available from the Aviation Policy Division. See Sec. Sec.  102-33.395, 
102-33.405, and 102-33.410 for more information on FAIRS, and Sec. Sec.  
102-33.455 and 102-33.460 for more information on C-AMIS.
    (b) Agencies that use only CAS aircraft and do not have Federal 
aircraft must keep records adequate for reporting information through 
FAIRS, but are not required to have an automated system. See Sec. Sec.  
102-33.435 and 102-33.440 for the information on CAS that you must 
report through FAIRS.



Sec.  102-33.200  Must we periodically justify owning and operating 
Federal aircraft?

    Yes, after you have held a Federal aircraft for five years, you 
must:
    (a) Justify owning and operating the aircraft by reviewing your 
operations and establishing that you have a continuing need for the 
aircraft, using the procedures required in OMB Circular A-76 and OMB 
Circular A-11, Part 7, Appendix B, Budgetary treatment of lease-
purchases and leases of capital assets; and
    (b) Review the continuing need for each of your aircraft and the 
cost-effectiveness of your aircraft operations as directed by OMB 
Circulars A-11 and A-76, every five years.



Sec.  102-33.205  When we use our aircraft to support other executive
agencies, must we recover the operating costs?

    Yes, you must recover the following:
    (a) Under 31 U.S.C. 1535 and other statutes, you may be required to 
recover the costs of operating aircraft in support of other agencies. 
Depending on the statutory authorities under which you acquired and 
operate your aircraft, you will use either of the following two methods 
for establishing the rates charged for using your aircraft:
    (1) The variable cost recovery rate; or
    (2) The full cost recovery rate.
    (b) See the U.S. Government Aircraft Cost Accounting Guide (CAG) 
(http://www.gsa.gov/aviationpolicy), for the definitions of ``variable 
cost recovery rate'' and ``full cost recovery rate.''

              Accounting for the Use of Government Aircraft



Sec.  102-33.210  How do we account for the use of our Government
aircraft?

    To account for the use of Government aircraft, including your 
Unmanned Aircraft Systems (UAS), you must document all flights and keep 
this documentation for two years after the date of the flight. For each 
flight, record the--
    (a) Aircraft's registration mark;
    (b) Owner and operator (the owner may not be the operator, as is the 
case when a CAS aircraft, owned commercially, is operated by U.S. 
Government personnel);
    (c) Purpose of the flight (the Governmental function that the 
aircraft was dispatched to perform);
    (d) Departure and destination points;
    (e) Flight date(s) and times;
    (f) Manifest (see Sec.  102-33.165(g) and (h)); and
    (g) Name(s) of the pilot(s) and crewmembers.



Sec.  102-33.215  May we use Government aircraft to carry passengers?

    Yes, you may use Government aircraft to carry passengers with the 
following restrictions:
    (a) You may carry passengers only on aircraft that you operate or 
require contractually to be operated in accordance with the rules and 
requirements in 14 CFR; and
    (b) For certain kinds of travel, your agency must justify 
passengers' presence on Government aircraft. See OMB Circular A-126 and 
the Federal Travel Regulation (FTR) Sec. Sec.  301-10.260 through 301-
10.266, and 301-70.800 through 301-70.808, and 301-70.910 (41 CFR 301-
10.260 through 301-10.266, 301-70.800 through 301-70.808, and 301-
70.910) for complete information on authorizing travel and analyzing 
costs before authorizing travel on Government aircraft.



Sec.  102-33.220  What are the responsibilities of our aviation program
in justifying the use of a Government aircraft to transport passengers?

    After receiving a request from your agency, your aviation program's 
responsibilities in justifying the use of a

[[Page 59]]

Government aircraft to transport passengers are to your travel approving 
authority:
    (a) Cost estimates to assist in determining whether or not use of a 
Government aircraft to carry passengers is justified. See OMB Circular 
A-126 (http://www.whitehouse.gov/omb) for more information on justifying 
travel on Government aircraft. See also FTR Sec. Sec.  301-10.260 
through 301-10.266, and 301-70.800 through 301-70.808, and 301-70.910 
(41 CFR 301-10.260 through 301-10.266, 301-70.800 through 301-70.808, 
and 301-70.910) for guidance on estimating the cost of using a 
Government aircraft. The cost of using a Government aircraft is--
    (1) The variable cost of using a Federal aircraft;
    (2) The amount your agency will be charged by a CAS provider; or
    (3) The variable cost of using an aircraft owned by another agency 
as reported by the owning agency; and
    (b) Information to assist in the analysis of alternatives to travel 
on Government aircraft. The information must include the following:
    (1) If no follow-on trip is scheduled, all time required to position 
the aircraft to begin the trip and to return the aircraft to its normal 
base of operations;
    (2) If a follow-on trip requires repositioning, the cost for the 
repositioning should be charged to the associated follow-on trip;
    (3) If an aircraft supports a multi-leg trip (a series of flights 
scheduled sequentially), the use of the aircraft for the total trip may 
be justified by comparing the total variable cost of the entire trip to 
the commercial aircraft cost (including charter) for all legs of the 
trip; and
    (4) The use of foreign aircraft as CAS is authorized when the agency 
has determined that an equivalent level of safety exists as compared to 
U.S. operations of a like kind. The safety of passengers shall be the 
overriding consideration for the selection of travel mode when comparing 
foreign sources of scheduled commercial airlines and CAS.

                         Managing Aircraft Parts



Sec.  102-33.225  How must we manage aircraft parts?

    You must manage your aircraft parts by maintaining proper storage, 
protection, maintenance procedures, and records for the parts throughout 
their life cycles.



Sec.  102-33.230  May we use military FSCAP on non-military FAA-type 
certificated Government aircraft?

    You may use dual-use military FSCAP on non-military aircraft 
operated under restricted or standard airworthiness certificates if the 
parts are inspected and approved for such installation by the FAA. See 
detailed guidance in FAA Advisory Circular 20-142, Change (1), 
``Eligibility and Evaluation of U.S. Military Surplus Flight Safety 
Critical Aircraft Parts, Engines, and Propellers'' (http://www.faa.gov).



Sec.  102-33.235  What documentation must we maintain for life-limited
parts and FSCAP?

    For life-limited parts and FSCAP, you must hold and update the 
documentation that accompanies these parts for as long as you use or 
store them. When you dispose of life-limited parts or FSCAP, the up-to-
date documentation must accompany the parts. (See Sec.  102-33.370.)



  Subpart D_Disposing or Replacing of Government Aircraft and Aircraft 
                                  Parts

                                Overview



Sec.  102-33.240  What must we consider before disposing or replacing 
aircraft and aircraft parts?

    Before disposing of aircraft and aircraft parts, you must first 
determine if the aircraft or parts are excess to your agency's mission 
or, if your aircraft or parts are not excess, if you will need 
replacements, as follows:

[[Page 60]]



------------------------------------------------------------------------
(a) If your aircraft/parts are .
               . .                     And . . .          Then . . .
------------------------------------------------------------------------
No longer needed to perform       You do not need to  You must report
 their mission(s) for your         replace them,       them to GSA as
 agency, i.e., they are excess                         excess property
 to your needs,                                        (see 41 CFR 102-
                                                       36.45(e)).
------------------------------------------------------------------------
(b) If your aircraft/parts are .  And . . .           Then . . .
 . .
------------------------------------------------------------------------
No longer suitable, or capable    You do need to      You may consider
 of performing their mission(s)    replace them,       using the
 for your agency,                                      exchange/sale
                                                       authority (see 41
                                                       CFR part 102-39).
------------------------------------------------------------------------



Sec.  102-33.245  May we report as excess, or replace
(i.e., by exchange/sale), both operational and non-operational aircraft?

    Yes, you may report as excess, or replace both operational and non-
operational aircraft by following the rules governing excess personal 
property and exchange/sale (see 41 CFR parts 102-36 and 102-39, 
respectively).



Sec.  102-33.250  May we declassify aircraft?

    Yes, you may declassify aircraft (See Sec. Sec.  102-33.415 and 102-
33.420).
    (a) A declassified aircraft is no longer considered an aircraft, but 
may be considered as a group of aircraft parts or other property for 
ground use only.
    (b) You must retain documentation and traceability on all parts that 
are intended for use as replacement parts on other aircraft. You must 
carry such ``aircraft parts or other property'' on your property records 
under the appropriate Federal Supply Classification group(s) (e.g., 
miscellaneous property).
    (c) For disposal of the property remaining after declassification of 
an aircraft, you must follow the property disposal regulations in 41 CFR 
parts 102-36, 102-37, 102-38 and 102-39.



Sec.  102-33.255  Must we document FSCAP or life-limited parts installed
on aircraft that we will report as excess or replace?

    Yes, you must comply with the documentation procedures described in 
Sec.  102-33.370 if your aircraft and/or engines contain FSCAP or life-
limited parts that you will report as excess or replace.



Sec.  102-33.260  When we report as excess, or replace, an aircraft
(including a declassified aircraft), must we report the change in inventory
to the Federal Aviation Interactive Reporting System (FAIRS)?

    (a) Yes. When you report as excess or replace an aircraft you must 
report the change in inventory to FAIRS. For more information see Sec.  
102-33.405.
    (b) Within 14 calendar days of the date you dispose of the aircraft, 
you must report--
    (1) The disposal method (e.g., reassignment, inter-agency transfer, 
donation, sale as surplus or scrap, declassification, or exchange/sale);
    (2) The disposal date; and
    (3) The identity and type of recipient (e.g., State, educational 
institution, executive agency, commercial vendor).

                    Reporting Excess Federal Aircraft



Sec.  102-33.265  What must we do with aircraft that are excess to 
our needs?

    If aircraft are excess to your needs, you must:
    (a) Reassign the aircraft within your agency if any of your sub-
agencies can use the aircraft; or
    (b) Report the aircraft as excess property to GSA (see 41 CFR part 
102-36) if none of your sub-agencies can use the aircraft.



Sec.  102-33.270  What is the process for reporting an excess aircraft?

    To report an excess aircraft, you must:
    (a) Report electronically to GSA's Federal Disposal System 
GSAXcess[supreg] (http://gsaxcess.gov). For information on reporting 
excess property electronically, contact the Federal Acquisition Service 
(FAS), Pacific Rim Region (Region 9) at (415) 522-2777; and
    (b) Submit a Standard Form (SF) 120, Report of Excess Personal 
Property

[[Page 61]]

(see Sec.  102-2.135), to: General Services Administration, Federal 
Acquisition Service, Pacific Rim Region, 450 Golden Gate Avenue, 4th 
Floor West, San Francisco, CA, 94102-3434.

                Replacing Aircraft Through Exchange/Sale



Sec.  102-33.275  What should we consider before replacing our aircraft
through exchange/sale?

    Before an exchange/sale of your aircraft, you should consider 
whether:
    (a) You have a continuing need for similar property and that the 
property being exchanged or sold is not excess or surplus; and
    (b) The exchange/sale meets all other requirements in 41 CFR part 
102-39.



Sec.  102-33.280  What are our options if we need a replacement aircraft?

    If you need to replace an aircraft, your options are--
    (a) Negotiating and conducting an exchange transaction directly with 
an aircraft provider and obtaining credit toward the purchase of a 
replacement aircraft, following the procurement rules applicable to your 
agency; or
    (b) Selling the aircraft and using the proceeds to offset the cost 
of purchasing a replacement aircraft, following 41 CFR part 102-39. 
Sales Centers (SC) that are currently authorized to conduct sales, as 
well as contact information for the GovSales Program Manager, are 
available on the GovSales Web site at http://www.gsa.gov/portal/content/
105020.



Sec.  102-33.285  Do we need to include any special disclaimers in our
exchange/sale agreements for non-certificated aircraft or aircraft that
we have operated as public aircraft (i.e., not in compliance with 14 CFR)?

    Yes, when you exchange/sell non-certificated aircraft or aircraft 
maintained as public aircraft, you must ensure that the exchange/sale 
offerings contain the following statement:
    ``Warning to purchasers/recipients. The aircraft you are purchasing 
or receiving in an exchange may not be in compliance with applicable 
Federal Aviation Administration (FAA) requirements. You are solely 
responsible for bringing the aircraft into compliance with 14 CFR 
Chapter I, or other applicable standards, by obtaining all necessary FAA 
inspections or modifications.
    The purchaser/recipient agrees that the Government shall not be held 
liable for personal injuries to, disabilities of, or death of the 
purchaser/recipient, the purchaser's/recipient's employees, or to any 
other persons arising from or incident to the purchase of this aircraft, 
its use, or disposition. You will 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 purchase, use, or 
resale of this item. This aircraft may have been operated outside the 
limitations of 14 CFR Chapter I, and some type of inspection may be 
needed to determine its airworthiness prior to being flown. You should 
be aware of the items below prior to operating this aircraft.
     All civil and public aircraft must have a valid 
registration issued by the FAA as required by 14 CFR Chapter I.
     Civil aircraft must have a valid airworthiness 
certificate in order to operate in the U.S. airspace.
     In order for the aircraft to be eligible for a 
standard airworthiness certificate, the aircraft must conform to its FAA 
Type Certificate.
     Aircraft not having a valid airworthiness 
certificate may be eligible for a special FAA one-time flight permit to 
enable relocating the aircraft. Relocation can be for a number of 
reasons, including storage, repair, inspection, or public display. Any 
one-time flight approval is predicated on the aircraft being safe for 
flight.
     Individuals who purchase a surplus military 
(foreign or domestic) or foreign aircraft not having any type of FAA 
Type Certificate may be unable to obtain any type of airworthiness 
certificate or special flight permit.
     An aircraft with good maintenance and inspection 
records makes an airworthiness determination easier to ascertain. It is 
in your best interest to contact the nearest FAA Flight Standards 
District Office and discuss your responsibilities with respect to 
gaining an airworthiness determination. The location of your nearest FAA 
office

[[Page 62]]

may be obtained from the FAA's Web site (http://www.faa.gov/).
     When the aircraft is purchased for spare parts 
and the airframe is scrapped, you should declassify the aircraft (see 
Sec.  102-33.420 for more information), complete the back of the 
aircraft's registration form and send it to: The FAA Aircraft 
Registration Branch, P.O. Box 25504, Oklahoma City, OK 73125-0504.''



Sec.  102-33.295  May we exchange/sell an aircraft through reimbursable
transfer to another executive agency or conduct a negotiated sale at
fixed price to a State Agency for Surplus Property (SASP)?

    Yes, you may exchange/sell an aircraft through reimbursable transfer 
to another executive agency or conduct a negotiated sale at fixed price 
to a State Agency for Surplus Property (SASP) (see Sec.  102-39.55 for 
more information).

    Note to Sec.  102-33.295: Some agencies may also have special 
congressional authorization to recover costs.

                       Disposing of Aircraft Parts



Sec.  102-33.300  What must we consider before disposing of aircraft parts?

    Before disposing of aircraft parts, you must first determine if they 
are excess to your agency's mission requirements or, if the aircraft 
parts are not excess, if you will need replacements. The table in Sec.  
102-33.240 shows the differences between excess and replacement parts.



Sec.  102-33.305  May we report as excess, or replace, FSCAP and
life-limited parts?

    Yes, you may report as excess, or replace, FSCAP and life-limited 
parts, but they require special handling. See the tables in Sec.  102-
33.370.



Sec.  102-33.310  May we report as excess, or replace, unsalvageable
aircraft parts?

    No, you may not report unsalvageable aircraft parts as excess or 
exchange/sale them for replacements. You must mutilate unsalvageable 
parts. You may sell the mutilated parts only as scrap or report that 
scrap to GSA for sale.



Sec.  102-33.315  What are the procedures for mutilating unsalvageable
aircraft parts?

    When mutilating unsalvageable aircraft parts, you must--
    (a) Destroy the data plates, remove the serial/lot/part numbers, and 
cut, crush, grind, melt, burn, or use other means to prevent the parts 
from being misidentified or used as serviceable aircraft parts. Call 
your regional FAA Flight Standards District Office for additional 
guidance;
    (b) Ensure that an authorized official of your agency witnesses and 
documents the mutilation; and
    (c) Retain a signed certification and statement of mutilation.



Sec.  102-33.320  What must we do if we are unable to perform required
mutilation of aircraft parts?

    If you are unable to perform the required mutilation of aircraft 
parts, you must turn the parts in to a Federal or Federally-approved 
facility for mutilation and proper disposition. Ensure that any 
contractor follows the provisions of Sec.  102-33.315 for mutilating and 
disposing of the parts.



Sec.  102-33.325  What documentation must we furnish with excess,
surplus or replaced parts when they are transferred, donated, or
exchanged/sold?

    When you transfer, donate, or exchange/sell excess, surplus or 
replaced parts, you must--
    (a) Furnish all applicable labels, tags, and historical and 
modification records for serviceable aircraft parts;
    (b) Mark mutilated parts as unsalvageable (mutilated parts may be 
sold only for scrap; see Sec.  102-33.315); and
    (c) Ensure that all available tags, labels, applicable historical 
data, life-histories, and maintenance records accompany FSCAP and life-
limited parts and that FSCAP criticality codes (see Sec.  102-33.375) 
are perpetuated on documentation (see Sec.  102-33.330 for additional 
requirements).

                     Reporting Excess Aircraft Parts



Sec.  102-33.330  What must we do with aircraft parts that are
excess to our needs?

    If aircraft parts are excess to your needs, you must:

[[Page 63]]

    (a) Reassign the aircraft parts within your agency if any of your 
sub-agencies can use the parts; or
    (b) Report the excess parts to GSA, using Standard Form (SF) 120, 
``Report of Excess Personal Property'' (see Sec.  102-2.135 for 
information to obtain this form). When reporting excess FSCAP, you must 
include the manufacturer's name, date of manufacture, part number, 
serial number, and the appropriate Criticality Code on the SF 120. For 
information on reporting excess property, refer to http://gsaxcess.gov. 
(See 41 CFR part 102-36 regarding disposal of excess property.)



Sec.  102-33.335  What are the receiving agency's responsibilities in
the transfer of aircraft parts?

    An agency that receives transferred aircraft parts must:
    (a) Verify that all applicable labels and tags and historical and 
modification records accompany all serviceable aircraft parts (i.e., 
parts that are intended for flight use) that you receive. This 
requirement does not apply to parts for ground use only. See the tables 
in Sec.  102-33.370.
    (b) Mutilate all transferred parts that you discover to be 
unsalvageable, and dispose of them properly, following the procedures in 
Sec.  102-33.315.



Sec.  102-33.340  What are GSA's responsibilities in disposing of excess
and surplus aircraft parts?

    In disposing of excess aircraft parts, the GSA FAS office in your 
region:
    (a) Reviews your SF 120, Report of Excess Personal Property (see 
Sec.  102-2.135 for information to obtain this form) for completeness 
and accuracy (of status, condition, and FSCAP and demilitarization codes 
if applicable); and
    (b) Ensures that the following certification is included on disposal 
documents (e.g., transfer orders or purchasers' receipts):
    Because of the critical nature of the failure of aircraft parts and 
the resulting potential safety threat, recipients of aircraft parts must 
ensure that any parts installed on an aircraft meet applicable Federal 
Aviation Administration (FAA) requirements and must obtain required 
certifications. GSA makes no representation as to a part's conformance 
with the FAA requirements.



Sec.  102-33.345  What are the responsibilities of a State Agency for
Surplus Property (SASP) in the donation of Federal Government aircraft
parts?

    When a SASP accepts surplus Federal Government aircraft parts for 
donation, the SASP must:
    (a) Review donation and transfer documents for completeness and 
accuracy, and ensure that the certification in Sec.  102-33.340 is 
included;
    (b) Ensure that when the donee determines the part to be 
unsalvageable, the donee mutilates the part following the procedures in 
Sec.  102-33.315; and
    (c) Ensure that the donee retains, maintains, and perpetuates all 
documentation for serviceable parts (parts intended for flight use).

             Replacing Aircraft Parts Through Exchange/Sale



Sec.  102-33.350  What do we need to consider for an exchange/sale 
of our aircraft parts?

    (a) When replacing aircraft parts through exchange/sale you--
    (1) Do not need approval from GSA; and
    (2) Must follow the provisions of this subpart and part 102-39 of 
this chapter.
    (b) Replacement parts do not have to be for the same type or design 
of aircraft, but you must use the exchange allowance or sales proceeds 
to purchase aircraft parts to support your aviation program which meet 
the ``similarity'' requirement in 41 CFR part 102-39.



Sec.  102-33.355  May we exchange/sell aircraft parts through a 
reimbursable transfer to another executive agency or conduct a negotiated
sale at fixed price to a State Agency for Surplus Property (SASP)?

    Yes, you may exchange/sell aircraft parts through a reimbursable 
transfer to another executive agency, or conduct a negotiated sale at 
fixed price to a SASP (see Sec.  102-39.55 for more information).

[[Page 64]]



Sec.  102-33.360  What is the process for exchanging/selling aircraft
parts for replacement?

    (a) You or your agent (i.e., another Federal agency or an authorized 
Sales Center) may transact an exchange/sale directly with a non-Federal 
source, or do a reimbursable transfer with another executive agency as 
long as you or your agent--
    (1) Follow the provisions in this part and in 41 CFR part 102-39;
    (2) Ensure that the applicable labels and tags, historical data and 
modification records accompany the parts at the time of sale, and that 
sales offerings on aircraft parts contain the following statement:
    ``Warning to purchasers/recipients. The aircraft parts you are 
purchasing or receiving in an exchange may not be in compliance with 
applicable Federal Aviation Administration (FAA) requirements. You are 
solely responsible for bringing the aircraft into compliance with 14 CFR 
Chapter I, or other applicable standards, by obtaining all necessary FAA 
inspections or modifications.''
    (3) Ensure that the following certification is signed by the 
purchaser/recipient and received by the Government before releasing 
parts to the purchaser/recipient:
    ``The purchaser/recipient agrees that the Government shall not be 
held liable for personal injuries to, disabilities of, or death of the 
purchaser/recipient, the purchaser's/recipient's employees, or to any 
other persons arising from or incident to the purchase of these aircraft 
parts, their use, or disposition. The purchaser/recipient 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 the purchase, use, or resale of these aircraft parts.
    These parts may have been used on aircraft that were operated 
outside the limitations of 14 CFR Chapter I, and some type of inspection 
may be needed to determine their airworthiness prior to being used on a 
recipient aircraft.
    You should be aware of the following requirements prior to operating 
an aircraft with parts received from an exchange.
     All civil and public aircraft must have a valid 
registration issued by the FAA as required by 14 CFR Chapter I.
     Civil aircraft must have a valid airworthiness 
certificate in order to operate in U.S. airspace.
     In order for the aircraft to be eligible for a 
standard airworthiness certificate, the aircraft must conform to its FAA 
Type Certificate.
     Aircraft not having a valid airworthiness 
certificate may be eligible for a special FAA one-time flight permit to 
enable relocating the aircraft. Relocation can be for a number of 
reasons, perhaps including storage, repair, inspection, or public 
display. Any one-time flight approval is predicated on the aircraft 
being safe for flight.
     Individuals who purchase a surplus military 
(foreign or domestic) or foreign aircraft not having any type of FAA 
Type Certificate may be unable to obtain any type of airworthiness 
certificate or special flight permit.
     An aircraft with good maintenance and inspection 
records makes an airworthiness determination easier to ascertain. It is 
in your best interest to contact the nearest FAA Flight Standards 
District Office and discuss your responsibilities with respect to 
gaining an airworthiness determination. The location of your nearest FAA 
office may be obtained from the FAA's Web site (http://www.faa.gov/).''
    (b) Authorized SCs can conduct sales of aircraft parts for you. SCs 
that are currently authorized to conduct sales, as well as contact 
information for the GovSales Program Manager, are available on the 
GovSales Web site at http://www.gsa.gov/portal/content/105020.



Sec.  102-33.365  Must we report exchange/sale of parts to FAIRS?

    No, you don't have to report exchange/sale of parts to FAIRS. 
However, you must report the transactions to GSA as part of your 
agency's annual report (see 41 CFR part 102-39 Subpart C--Exchange/Sale 
Methods and Reports).

[[Page 65]]

 Special Requirements for Disposing of Flight Safety Critical Aircraft 
                  Parts (FSCAP) and Life-Limited Parts



Sec.  102-33.370  What must we do to dispose of military FSCAP and/or
life-limited parts?

    To dispose of military FSCAP and/or life-limited parts, you must use 
the following tables:
    (a) Table 1 for disposing of uninstalled FSCAP and/or life-limited 
parts follows:

                      Table 1 for Disposing of Uninstalled FSCAP and/or Life-Limited Parts
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(1) If an Uninstalled FSCAP (i.e., not
 installed in an aircraft or engine)--
    (i) Is documented--                   Then.......................  (A) You may exchange/sale it or transfer
                                                                        it to another executive agency under 41
                                                                        CFR parts 102-36 and 102-39;
                                                                       (B) GSA may donate it for flight use
                                                                        under 41 CFR part 102-37 of this
                                                                        subchapter; or
                                                                       (C) GSA may donate it for ground use
                                                                        only, after you mutilate and mark it,
                                                                        ``FSCAP--NOT AIRWORTHY'' (the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated and
                                                                        marked before donation).
    (ii) Is undocumented, but traceable   Then.......................  (A) You may exchange/sell it only to the
     to its original equipment                                          OEM or PAH under 41 CFR part 102-39;
     manufacturer (OEM) or production                                  (B) GSA may transfer or donate it for
     approval holder (PAH)--                                            flight use, but only by making it a
                                                                        condition of the transfer or donation
                                                                        agreement that the recipient will have
                                                                        the part inspected, repaired, and
                                                                        certified by the OEM or PAH before
                                                                        putting it into service (Note: You must
                                                                        mark parts individually to ensure that
                                                                        the recipient is aware of the part's
                                                                        service status); or
                                                                       (C) GSA may donate it for ground use
                                                                        only, after you mutilate and mark it,
                                                                        ``FSCAP--NOT AIRWORTHY'' (the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated and
                                                                        marked before donation).
    (iii) Is undocumented and             Then.......................  (A) GSA may transfer or donate it for
     untraceable, you must mutilate it,                                 ground use only, after you mark it,
     and--                                                              ``FSCAP--NOT AIRWORTHY'' (the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated and
                                                                        marked before donation); or
                                                                       (B) You may sell it only for scrap under
                                                                        Sec.  Sec.   102-33.310 and 102-33.315.
(2) If an uninstalled life-limited part
 (i.e., not installed in an aircraft or
 engine)--
    (i) Is documented with service life   Then.......................  (A) You may exchange/sale it or transfer
     remaining--                                                        it to another executive agency under 41
                                                                        CFR parts 102-36 and 102-39;
                                                                       (B) GSA may donate it for flight use
                                                                        under 41 CFR part 102-37; or
                                                                       (C) GSA may donate it for ground use
                                                                        only, after you mutilate and mark it,
                                                                        ``EXPIRED LIFE-LIMITED--NOT AIRWORTHY''
                                                                        (the State Agency for Surplus Property
                                                                        must certify that the part has been
                                                                        mutilated and marked before donation).
    (ii) Is documented with no service    But........................  (A) GSA may transfer or donate it for
     life remaining, or undocumented,                                   ground use only, after you mutilate and
     GSA may not transfer it to another                                 mark it, ``EXPIRED LIFE-LIMITED--NOT
     executive agency for flight use--                                  AIRWORTHY'' (the State Agency for
                                                                        Surplus Property must certify that the
                                                                        part has been mutilated and marked
                                                                        before donation); or
                                                                       (B) You must mutilate it and may sell it
                                                                        only for scrap.
----------------------------------------------------------------------------------------------------------------

    (b) Table 2 for disposing of installed FSCAP and/or life-limited 
parts follows:

                       Table 2 for Disposing of Installed FSCAP and/or Life-Limited Parts
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(1) If a FSCAP and/or life-limited part
 is installed in an aircraft or an
 engine, and it--
    (i) Is documented with service life   Then.......................  (A) You may exchange/sale the aircraft or
     remaining--                                                        engine, or GSA may transfer the aircraft
                                                                        or engine to another executive agency
                                                                        under 41 CFR parts 102-36 and 102-39;
                                                                       (B) GSA may donate the aircraft or engine
                                                                        for flight use or ground use.

[[Page 66]]

 
    (ii) Is documented with no service    Then.......................  (A) You must remove and mutilate the part
     life remaining--                                                   before you exchange/sale the aircraft or
                                                                        engine (see rules for disposing of
                                                                        uninstalled life-limited parts in Table
                                                                        1 of this section). (Note: If an
                                                                        aircraft or engine is exchanged/sold to
                                                                        its OEM or PAH, you do not have to
                                                                        remove the expired life-limited part);
                                                                       (B) You must remove and mutilate the part
                                                                        before GSA may transfer or donate the
                                                                        aircraft or engine for flight use (see
                                                                        the rules for disposing of uninstalled
                                                                        FSCAP in Table 1 of this section).
                                                                        (Note: An internal engine part may be
                                                                        left installed, if you identify the part
                                                                        individually to ensure that the
                                                                        receiving agency is aware of the part's
                                                                        service status and, as a condition of
                                                                        the transfer or donation agreement, the
                                                                        receiving agency agrees to remove and
                                                                        mutilate the part before the engine is
                                                                        put into service. You must certify
                                                                        mutilation for transfers, and the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated for
                                                                        donations); or
                                                                       (C) GSA may donate the aircraft or engine
                                                                        for ground use only, after you remove
                                                                        the part, mutilate and mark it ``EXPIRED
                                                                        LIFE-LIMITED--NOT AIRWORTHY.'' (Note: An
                                                                        internal engine part may be left
                                                                        installed, if, as a condition of the
                                                                        donation agreement, the receiving agency
                                                                        agrees to remove and mutilate the part
                                                                        and mark it, and the State Agency for
                                                                        Surplus Property must certify that the
                                                                        part has been mutilated and marked).
----------------------------------------------------------------------------------------------------------------



Sec.  102-33.375  What is a FSCAP Criticality Code?

    (a) A FSCAP Criticality Code is a code assigned by DOD to indicate 
the type of FSCAP: Code ``F'' indicates a standard FSCAP; Code ``E'' 
indicates a nuclear-hardened FSCAP.
    (b) You must perpetuate a FSCAP Criticality Code on all property 
records and reports of excess. If the code is not annotated on the 
transfer document that you received when you acquired the part, you may 
contact the appropriate military service or query DOD's Federal 
Logistics Information System (FLIS) using the National Stock Number 
(NSN) or the part number (see http://www.dlis.dla.mil/webflis). For 
assistance in subscribing to the FLIS service, contact the WebFLIS 
Consumer Support Office, 1-877-352-2255.



         Subpart E_Reporting Information on Government Aircraft

                                Overview



Sec.  102-33.380  Who must report information to GSA on Government
aircraft?

    You must report information to GSA on Government aircraft if your 
agency--
    (a) Is an executive agency of the United States Government; and
    (b) Owns, bails, borrows, loans, leases, rents, charters, or 
contracts for (or obtains by ISSA) Government aircraft.



Sec.  102-33.385  What Federally-funded aviation activities of executive 
agencies are exempt from the requirement to report information to GSA
on Government aircraft?

    The following Federally-funded activities are exempt from the 
requirement to report information to GSA on Government aircraft:
    (a) The Armed Forces (which includes the U.S. Coast Guard); and
    (b) Agencies in the Intelligence Community.



Sec.  102-33.390  What information must we report on Government aircraft?

    You must report the following information to GSA (for information 
regarding how to report this information, see: https://gsa.inl.gov/
fairs/):
    (a) Inventory data on Federal aircraft, including your Unmanned 
Aircraft Systems (UAS), through FAIRS;
    (b) Cost and utilization data on Federal aircraft, including your 
Unmanned Aircraft Systems (UAS), through FAIRS;
    (c) Cost and utilization data on CAS aircraft and related aviation 
services (see definition of ``Government aircraft'' for more on CAS), 
through FAIRS;
    (d) Accident and incident data (see Sec.  102-33.445); and
    (e) The results of standard competition studies in compliance with 
OMB Circular A-76 to justify purchasing, leasing, modernizing, 
replacing, or otherwise acquiring aircraft and related aviation 
services.

[[Page 67]]

          Federal Aviation Interactive Reporting System (FAIRS)



Sec.  102-33.395  What is FAIRS?

    FAIRS is a management information system operated by GSA to collect, 
maintain, analyze, and report information on Federal aircraft 
inventories and cost and usage of Federal aircraft and CAS aircraft (and 
related aviation services). Users access FAIRS through a highly-secure 
Web site. The U.S. Government Aircraft Cost Accounting Guide (CAG) (see 
http://www.gsa.gov/aviationpolicy) contains the business rules for using 
the system.



Sec.  102-33.400  How must we report to FAIRS?

    You must report to FAIRS electronically through a secure Web 
interface to the FAIRS application on the Internet. For additional 
information see https://gsa.inl.gov/fairs/.



Sec.  102-33.405  When must we report to FAIRS?

    (a) You must report any changes in your Federal aircraft inventory 
within 14 calendar days of those changes.
    (b) You must report cost and utilization data to FAIRS at the end of 
every quarter of the fiscal year (December 31, March 31, June 30, and 
September 30). However, you may submit your information to FAIRS on a 
daily, weekly, or monthly basis. To provide enough time to calculate 
your cost and utilization data, you may report any one quarter's cost 
and utilization in the following quarter, as follows:

------------------------------------------------------------------------
                 Quarter                              Submit
------------------------------------------------------------------------
QTR 1--October 1-December 31............  Federal inventory for QTR 1.
                                          Federal cost and utilization
                                           for previous QTR 4.
                                          CAS cost and utilization for
                                           previous QTR 4.
QTR 2--January 1-March 31...............  Federal inventory for QTR 2.
                                          Federal cost and utilization
                                           for QTR 1.
                                          CAS cost and utilization for
                                           QTR 1.
QTR 3--April 1-June 30..................  Federal inventory for QTR 3.
                                          Federal cost and utilization
                                           for QTR 2.
                                          CAS cost and utilization for
                                           QTR 2.
QTR 4--July 1-September 30..............  Federal inventory for QTR 4.
                                          Federal cost and utilization
                                           for QTR 3.
                                          CAS cost and utilization for
                                           QTR 3.
------------------------------------------------------------------------

                         Federal Inventory Data



Sec.  102-33.410  What are Federal inventory data?

    Federal inventory data includes:
    (a) Information on each of the operational and non-operational 
Federal aircraft that you own, bail, borrow, or loan; and
    (b) UAS as described in Sec.  102-33.20.



Sec.  102-33.415  When may we declassify a Federal aircraft and remove
it from our Federal aircraft inventory?

    When an aircraft is lost or destroyed, or is otherwise non-
operational and you want to retain it, you may declassify it and remove 
it from your Federal aircraft inventory. For further details, see 
Sec. Sec.  102-33.250 and 102-33.420. See Sec. Sec.  102-33.265 and 102-
33.270 for reporting excess Federal aircraft.



Sec.  102-33.420  How must we declassify a Federal aircraft?

    To declassify a Federal aircraft, you must--
    (a) Send a letter to the Deputy Associate Administrator, Office of 
Asset and Transportation Management, Office of Government-wide Policy, 
General Services Administration, 1800 F St. NW., Washington, DC 20405, 
that requests approval to declassify the aircraft and states that the 
aircraft is non-operational (which includes lost or destroyed). In this 
letter you must--
    (1) Identify the Federal Supply Classification (FSC) group(s) that 
the declassified aircraft/parts will fall under, if applicable;
    (2) Describe the condition of the aircraft (crash-damaged, 
unrecoverable, parts unavailable, etc.); and
    (3) Include photographs as appropriate.

[[Page 68]]

    (b) Within 14 calendar days of receiving GSA's approval to 
declassify the aircraft, following 14 CFR 45.13, request approval from 
your local FAA Flight Standards District Office (FSDO) to remove the 
manufacturer's data plate;
    (c) Within 14 calendar days of receiving approval from FAA to remove 
the data plate, inform GSA of FAA's approval, send the data plate by 
courier or registered mail to the FAA, as directed by your FSDO, and 
remove the certificate of airworthiness and the aircraft's registration 
form from the aircraft, complete the reverse side of the registration 
form, and send both documents to The FAA Aircraft Registration Branch, 
P.O. Box 25504, Oklahoma City, OK 73125-0504; and
    (d) Update the FAIRS inventory record to reflect disposal status and 
update your personal property records, deleting the declassified 
aircraft from the aircraft category and adding it to another Federal 
Supply Classification group or groups, as appropriate.

               Federal Aircraft Cost and Utilization Data



Sec.  102-33.425  What Federal aircraft cost and utilization data 
must we report?

    You must report certain costs for each of your Federal aircraft 
(including your UAS) and the number of hours that you flew each 
aircraft. In reporting the costs of your Federal aircraft, you must 
report both the amounts you paid as Federal costs, which are for 
services the Government provides, and the amounts you paid for 
commercial aviation services (CAS) in support of your Federal aviation 
program. For a list and definitions of the Federal aircraft cost and 
utilization data elements, see the U.S. Government Aircraft Cost 
Accounting Guide (CAG), which is available at http://www.gsa.gov/
aviationpolicy.



Sec.  102-33.430  Who must report Federal aircraft cost and utilization 
data?

    (a) Executive agencies, except the Armed Forces and agencies in the 
Intelligence Community, must report Federal cost and utilization data on 
all Federal aircraft; and
    (b) Agencies should report Federal cost and utilization data for 
loaned aircraft only if Federal money was expended on the aircraft.

      Commercial Aviation Services (CAS) Cost and Utilization Data



Sec.  102-33.435  What CAS cost and utilization data must we report?

    You must report:
    (a) The costs and flying hours for each CAS aircraft you hire;
    (b) The costs and contractual periods for related aviation services 
that you hire (by contract or through an Inter-service support agreement 
(ISSA)).

    Note to Sec.  102-33.435: You should not report related aviation 
services that you hire commercially in support of Federal aircraft. 
``Federal'' aircraft are by definition owned aircraft. The agency that 
owns the aircraft is responsible for capturing all cost and utilization 
data and is required to report this data in GSA's FAIRS. See the U.S. 
Government Aircraft Cost Accounting Guide (CAG), which is available from 
GSA at http://www.gsa.gov/aviationpolicy.



Sec.  102-33.440  Who must report CAS cost and utilization data?

    Executive agencies, except the Armed Forces and agencies in the 
Intelligence Community, must report CAS cost and utilization data. You 
must report CAS cost and utilization data if your agency makes payments 
to--
    (a) Charter or rent aircraft;
    (b) Lease or lease-purchase aircraft;
    (c) Hire aircraft and related services through an ISSA or a full 
service contract; or
    (d) Obtain related aviation services through an ISSA or by contract 
except when you use the services in support of Federal aircraft (see the 
Note at Sec.  102-33.435).

                       Accident and Incident Data



Sec.  102-33.445  What accident and incident data must we report?

    You must report within 14 calendar days to GSA, Aviation Policy 
Division, 1800 F St. NW., Washington, DC 20405, all aviation accidents 
and incidents that your agency is required to report to the NTSB. You 
may also report other incident information. GSA and

[[Page 69]]

the ICAP will use the collected accident/incident information in 
conjunction with FAIRS' data, such as flying hours and missions, to 
calculate aviation safety statistics for the Federal aviation community 
and to share safety lessons-learned.



Sec.  102-33.450  How must we report accident and incident data?

    You must report accident and incident data to GSA at http://
www.gsa.gov/aviationpolicy or call GSA's Aviation Policy Division and 
report the accident or incident telephonically.

        Common Aviation Management Information Standard (C-AMIS)



Sec.  102-33.455  What is C-AMIS?

    The Common Aviation Management Information Standard (C-AMIS) is a 
guide to assist agencies in developing or modernizing their internal 
aviation management information systems. C-AMIS includes standard 
specifications and data definitions related to Federal aviation 
operations. C-AMIS is jointly written by the ICAP and GSA and available 
from GSA's Aviation Policy Division.



Sec.  102-33.460  What is our responsibility in relation to C-AMIS?

    If you use a management information system to provide data to FAIRS 
by batch upload, you are responsible for ensuring that your system is C-
AMIS-compliant (see Sec.  102-33.195). For more information on 
compliance with C-AMIS, contact GSA's Aviation Policy Division at (202) 
208-0519 or (202) 997-7274.

                         Performance Indicators



Sec.  102-33.465  What is a performance indicator?

    In addition to the definition in Sec.  102-33.20, a performance 
indicator provides information (either qualitative or quantitative) on 
the extent to which the actual outcome of a policy, program, or 
initiative achieves the planned outcome.



Sec.  102-33.470  Must we develop performance indicators?

    Yes, your agency must develop performance indicators in order to 
measure the degree to which key aviation program objectives are 
achieved. It is suggested that your performance indicators:
    (a) Measure the contribution of the aviation program toward the 
accomplishment of the agency's mission;
    (b) Support and justify aviation program budget requests; and
    (c) Demonstrate the effectiveness and efficiency of the aviation 
program's performance.



Sec.  102-33.475  What are some examples of performance indicators 
that an agency can use?

    Examples of performance indicators include, but are not limited to, 
a percentage increase or decrease:
    (a) Of operations scheduling effectiveness;
    (b) Of repeat system discrepancies over a specific period of time;
    (c) In logistical response time for returned parts processing over a 
specified period of time;
    (d) In lost man-hours due to personnel injuries;
    (e) In aircraft turn-around time;
    (f) In fuel expenditures for a given mission, location, or type/
model/series of aircraft;
    (g) In aircraft availability or non-availability rates;
    (h) In full-mission-capable aircraft over a specific time period;
    (i) In non-airworthy maintenance;
    (j) In maintenance costs per flying hour; or
    (k) In variable cost per passenger mile.



Sec. Appendix A to Part 102-33--Disclosure Statement for Crewmembers and 
 Qualified Non-Crewmembers Flying on Board Government Aircraft Operated 
                           as Public Aircraft

    Generally, an aircraft used exclusively for the U.S. Government may 
be considered a ``public aircraft'' as defined by Public Law 106-181 and 
14 CFR Chapter I, provided it is not a Government-owned aircraft 
transporting passengers or operating for commercial purposes. A public 
aircraft is not subject to many Federal Aviation Regulations, including 
requirements relating to aircraft certification, maintenance, and pilot 
certification. If the aircraft does not qualify as a ``public 
aircraft'', then it is a civil aircraft

[[Page 70]]

and must comply with all Federal Aviation Regulations applicable to 
civil aircraft. If you have any questions concerning whether a 
particular flight will be a public aircraft operation or a civil 
aircraft operation, you should contact the agency sponsor of that 
flight.

                           Rights and Benefits

    You have certain rights and benefits in the unlikely event you are 
injured or killed while working aboard a Government-owned or operated 
aircraft. Federal employees and some private citizens are eligible for 
workers' compensation benefits under the Federal Employees' Compensation 
Act (FECA). When FECA applies, it is the sole remedy. For more 
information about FECA and its coverage, consult with your agency's 
benefits office or contact the Branch of Technical Assistance at the 
Department of Labor's Office of Workers' Compensation Programs.

                          State or Foreign Laws

    State or foreign laws may provide for product liability or ``third 
party'' causes of actions for personal injury or wrongful death. If you 
have questions about a particular case or believe you have a claim, you 
should consult with an attorney.

                           Insurance Policies

    Some insurance policies may exclude coverage for injuries or death 
sustained while working or traveling aboard a Government or military 
aircraft or while within a combat area. You may wish to check your 
policy or consult with your insurance provider before your flight. The 
insurance available to Federal employees through the Federal Employees 
Group Life Insurance Program does not contain an exclusion of this type.

                              Victim Rights

    If you are the victim of an air disaster resulting from criminal 
activity, Victim and Witness Specialists from the Federal Bureau of 
Investigation (FBI) and/or the local U.S. Attorney's Office will keep 
you or your family informed about the status of the criminal 
investigation(s) and provide you or your family with information about 
rights and services, such as crisis intervention, counseling and 
emotional support. State crime victim compensation may be able to cover 
crime-related expenses, such as medical costs, mental health counseling, 
funeral and burial costs, and lost wages or loss of support. The Office 
for Victims of Crime (an agency of the Department of Justice) and the 
U.S. Attorneys Office are authorized by the Antiterrorism Act of 1996 to 
provide emergency financial assistance to State programs for the benefit 
of victims of terrorist acts or mass violence.

                            Federal Employee

    If you are injured or killed on the job during the performance of 
duty, including while traveling or working aboard a Government aircraft 
or other Government-owned or operated conveyance for official Government 
business purposes, you and your family are eligible to collect workers' 
compensation benefits under FECA. You and your family may not file a 
personal injury or wrongful death suit against the United States or its 
employees. However, you may have cause of action against potentially 
liable third parties.

                              Family Member

    You or your qualifying family member must normally also choose 
between FECA disability or death benefits, and those payable under your 
retirement system (either the Civil Service Retirement System or the 
Federal Employees Retirement System). You may choose the benefit that is 
more favorable to you.

                             Private Citizen

    Even if the Federal Government does not regularly employ you, if you 
are rendering personal service to the Federal Government on a voluntary 
basis or for nominal pay, you may be defined as a Federal employee for 
purposes of FECA. If that is the case, you and your family are eligible 
to receive workers' compensation benefits under FECA, but may not 
collect in a personal injury or wrongful death lawsuit against the 
United States or its employees. You and your family may file suit 
against potentially liable third parties. Before you board a Government 
aircraft, you may wish to consult with the department or agency 
sponsoring the flight to clarify whether you are considered a Federal 
employee.
    If the agency determines that you are not a ``Federal employee,'' 
you and your family will not be eligible to receive workers' 
compensation benefits under FECA. If you are onboard the aircraft for 
purposes of official Government business, you may be eligible for 
workers' compensation benefits under state law. If an accident occurs 
within the United States, or its territories, its airspace, or over the 
high seas, you and your family may claim against the United States under 
the Federal Tort Claims Act or Suits in Admiralty Act. If you are killed 
aboard a military aircraft, your family may be eligible to receive 
compensation under the Military Claims Act, or if you are an inhabitant 
of a foreign country, under the Foreign Claims Act.

    Note to appendix A to part 102-33: This disclosure statement is not 
all-inclusive. You should contact your agency's personnel office, or if 
you are a private citizen, your

[[Page 71]]

agency sponsor or point-of-contact for further assistance.



PART 102	34_MOTOR VEHICLE MANAGEMENT--Table of Contents



                      Subpart A_General Provisions

Sec.
102-34.5 What does this part cover?
102-34.10 What are the governing authorities for this part?
102-34.15 Who must comply with these provisions?
102-34.20 What motor vehicles are not covered by this part?
102-34.25 To whom do ``we'', ``you'', and their variants refer?
102-34.30 How do we request a deviation from the provisions of this 
          part?

                               Definitions

102-34.35 What definitions apply to this part?

            Subpart B_Obtaining Fuel Efficient Motor Vehicles

102-34.40 Who must comply with motor vehicle fuel efficiency 
          requirements?
102-34.45 How are passenger automobiles classified?
102-34.50 What size motor vehicles may we obtain?
102-34.55 Are there fleet average fuel economy standards we must meet?
102-34.60 How do we calculate the average fuel economy for Government 
          motor vehicles?
102-34.65 How may we request an exemption from the fuel economy 
          standards?
102-34.70 What do we do with completed calculations of our fleet vehicle 
          acquisitions?
102-34.75 Who is responsible for monitoring our compliance with fuel 
          economy standards for motor vehicles we obtain?
102-34.80 Where may we obtain help with our motor vehicle acquisition 
          plans?

          Subpart C_Identifying and Registering Motor Vehicles

                      Motor Vehicle Identification

102-34.85 What motor vehicles require motor vehicle identification?
102-34.90 What motor vehicle identification must we display on 
          Government motor vehicles?
102-34.95 What motor vehicle identification must the Department of 
          Defense (DOD) display on motor vehicles it owns, or leases 
          commercially?
102-34.100 Where is motor vehicle identification displayed?
102-34.105 Before we sell a motor vehicle, what motor vehicle 
          identification must we remove?

                             License Plates

102-34.110 Must Government motor vehicles use Government license plates?
102-34.115 Can official U.S. Government license plates be used on motor 
          vehicles not owned or leased by the Government?
102-34.120 Do we need to register Government motor vehicles?
102-34.125 Where may we obtain U.S. Government license plates?
102-34.130 How do we display U.S. Government license plates on 
          Government motor vehicles?
102-34.135 What do we do about a lost or stolen license plate?
102-34.140 What records do we need to keep on U.S. Government license 
          plates?
102-34.145 How are U.S. Government license plates coded?
102-34.150 How can we get a new license plate code designation?

                        Identification Exemptions

102-34.155 What are the types of motor vehicle identification 
          exemptions?
102-34.160 May we have a limited exemption from displaying U.S. 
          Government license plates and other motor vehicle 
          identification?
102-34.165 What information must the limited exemption certification 
          contain?
102-34.170 For how long is a limited exemption valid?
102-34.175 What motor vehicles have an unlimited exemption from 
          displaying U.S. Government license plates and motor vehicle 
          identification?
102-34.180 What agencies have a special exemption from displaying U.S. 
          Government license plates and motor vehicle identification on 
          some of their vehicles?
102-34.185 What license plates do we use on motor vehicles that are 
          exempt from motor vehicle identification requirements?
102-34.190 What special requirements apply to exempted motor vehicles 
          using District of Columbia or State license plates?
102-34.195 Must we submit a report concerning motor vehicles exempted 
          under this subpart?

           Subpart D_Official Use of Government Motor Vehicles

102-34.200 What is official use of Government motor vehicles?
102-34.205 May I use a Government motor vehicle for transportation 
          between my residence and place of employment?
102-34.210 May I use a Government motor vehicle for transportation 
          between places

[[Page 72]]

          of employment and mass transit facilities?
102-34.215 May Government contractors use Government motor vehicles?
102-34.220 What does GSA do if it learns of unofficial use of a 
          Government motor vehicle?
102-34.225 How are Federal employees disciplined for misuse of 
          Government motor vehicles?
102-34.230 How am I responsible for protecting Government motor 
          vehicles?
102-34.235 Am I bound by State and local traffic laws?
102-34.240 Who pays for parking fees?
102-34.245 Who pays for parking fines?
102-34.250 Do Federal employees in Government motor vehicles have to use 
          all safety devices and follow all safety guidelines?

                 Subpart E_Replacement of Motor Vehicles

102-34.255 What are motor vehicle replacement standards?
102-34.260 May we replace a Government-owned motor vehicle sooner?
102-34.265 May we keep a Government-owned motor vehicle even though the 
          standard permits replacement?
102-34.270 How long must we keep a Government-owned motor vehicle?

            Subpart F_Scheduled Maintenance of Motor Vehicles

102-34.275 What kind of maintenance programs must we have?
102-34.280 What State inspections must we have for Government motor 
          vehicles?
102-34.285 Where can we obtain help in setting up a maintenance program?

                 Subpart G_Motor Vehicle Crash Reporting

102-34.290 What forms do I use to report a crash involving a domestic 
          fleet motor vehicle?
102-34.295 To whom do we send crash reports?

                  Subpart H_Disposal of Motor Vehicles

102-34.300 How do we dispose of a domestic fleet motor vehicle?
102-34.305 What forms do we use to transfer ownership when selling a 
          motor vehicle?
102-34.310 How do we distribute the completed Standard Form 97?

                     Subpart I_Motor Vehicle Fueling

102-34.315 How do we obtain fuel for Government motor vehicles?
102-34.320 What Government-issued charge cards may I use to purchase 
          fuel and motor vehicle related services?
102-34.325 What type of fuel do I use in Government motor vehicles?

                     Subpart J_Federal Fleet Report

102-34.330 What is the Federal Fleet Report?
102-34.335 How do I submit information to the General Services 
          Administration (GSA) for the Federal Fleet Report (FFR)?
102-34.340 Do we need a fleet management information system?
102-34.345 What records do we need to keep?

                             Subpart K_Forms

102-34.350 How do we obtain the forms prescribed in this part?

    Authority: 40 U.S.C. 121(c); 40 U.S.C. 17503; 31 U.S.C. 1344; 49 
U.S.C. 32917; E.O. 12375.

    Source: 74 FR 11871, Mar. 20, 2009, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-34.5  What does this part cover?

    This part governs the economical and efficient management and 
control of motor vehicles that the Government owns, leases commercially 
or leases through GSA Fleet. Agencies will incorporate appropriate 
provisions of this part into contracts offering Government-furnished 
equipment in order to ensure adequate control over the use of motor 
vehicles.



Sec.  102-34.10  What are the governing authorities for this part?

    The authorities for the regulations in this part are 40 U.S.C. 
121(c), 40 U.S.C. 17503, 31 U.S.C. 1344, 49 U.S.C. 32917, and E.O. 
12375.



Sec.  102-34.15  Who must comply with these provisions?

    All executive agencies must comply with the provisions of this part. 
The legislative and judicial branches are encouraged to follow these 
provisions.



Sec.  102-34.20  What motor vehicles are not covered by this part?

    Motor vehicles not covered by this part are:
    (a) Military design motor vehicles;
    (b) Motor vehicles used for military field training, combat, or 
tactical purposes;

[[Page 73]]

    (c) Motor vehicles used principally within the confines of a 
regularly established military post, camp, or depot; and
    (d) Motor vehicles regularly used by an agency to perform 
investigative, law enforcement, or intelligence duties, if the head of 
the agency determines that exclusive control of the vehicle is essential 
for effective performance of duties, although such vehicles are subject 
to subpart D and subpart J of this part.



Sec.  102-34.25  To whom do ``we'', ``you'', and their variants refer?

    Unless otherwise indicated, use of pronouns ``we'', ``you'', and 
their variants throughout this part refer to you as an executive agency, 
as your agency's fleet manager, or as a motor vehicle user or operator, 
as appropriate.



Sec.  102-34.30  How do we request a deviation from the provisions
of this part?

    Refer to Sec. Sec.  102-2.60 through 102-2.110 of this chapter for 
information on how to obtain a deviation from this part.

                               Definitions



Sec.  102-34.35  What definitions apply to this part?

    The following definitions apply to this part:
    Commercial design motor vehicle means a motor vehicle procurable 
from regular production lines and designed for use by the general 
public.
    Commercial lease or lease commercially means obtaining a motor 
vehicle by contract or other arrangement from a commercial source for 
120 continuous days or more. (Procedures for purchasing and leasing 
motor vehicles through GSA can be found in 41 CFR subpart 101-26.5).
    Domestic fleet means all reportable motor vehicles operated in any 
State, Commonwealth, territory or possession of the United States, and 
the District of Columbia.
    Foreign fleet means all reportable motor vehicles operated in areas 
outside any State, Commonwealth, territory or possession of the United 
States, and the District of Columbia.
    Government motor vehicle means any motor vehicle that the Government 
owns or leases. This includes motor vehicles obtained through purchase, 
excess, forfeiture, commercial lease, or GSA Fleet lease.
    Government-owned motor vehicle means any motor vehicle that the 
Government has obtained through purchase, excess, forfeiture, or 
otherwise and for which the Government holds title.
    GSA Fleet lease means obtaining a motor vehicle from the General 
Services Administration Fleet (GSA Fleet).
    Law enforcement motor vehicle means a light duty motor vehicle that 
is specifically approved in an agency's appropriation act for use in 
apprehension, surveillance, police or other law enforcement work or 
specifically designed for use in law enforcement. If not identified in 
an agency's appropriation language, a motor vehicle qualifies as a law 
enforcement motor vehicle only in the following cases:
    (1) A passenger automobile having heavy duty components for 
electrical, cooling and suspension systems and at least the next higher 
cubic inch displacement or more powerful engine than is standard for the 
automobile concerned;
    (2) A light truck having emergency warning lights and identified 
with markings such as ``police;''
    (3) An unmarked motor vehicle certified by the agency head as 
essential for the safe and efficient performance of intelligence, 
counterintelligence, protective, or other law enforcement duties; or
    (4) A forfeited motor vehicle seized by a Federal agency that is 
subsequently used for the purpose of performing law enforcement 
activities.
    Light duty motor vehicle means any motor vehicle with a gross motor 
vehicle weight rating (GVWR) of 8,500 pounds or less.
    Light truck means a motor vehicle on a truck chassis with a gross 
motor vehicle weight rating (GVWR) of 8,500 pounds or less.
    Military design motor vehicle means a motor vehicle (excluding 
commercial

[[Page 74]]

design motor vehicles) designed according to military specifications to 
directly support combat or tactical operations or training for such 
operations.
    Motor vehicle means any vehicle, self propelled or drawn by 
mechanical power, designed and operated principally for highway 
transportation of property or passengers, but does not include a 
military design motor vehicle or vehicles not covered by this part (see 
Sec.  102-34.20).
    Motor vehicle identification (also referred to as ``motor vehicle 
markings'') means the legends ``For Official Use Only'' and ``U.S. 
Government'' placed on a motor vehicle plus other legends readily 
identifying the department, agency, establishment, corporation, or 
service by which the motor vehicle is used.
    Motor vehicle markings (see definition of ``Motor vehicle 
identification'' in this section).
    Motor vehicle purchase means buying a motor vehicle from a 
commercial source, usually a motor vehicle manufacturer or a motor 
vehicle manufacturer's dealership. (Procedures for purchasing and 
leasing motor vehicles through GSA can be found in 41 CFR subpart 101-
26.5.)
    Motor vehicle rental means obtaining a motor vehicle by contract or 
other arrangement from a commercial source for less than 120 continuous 
days.
    Motor vehicles transferred from excess means obtaining a motor 
vehicle reported as excess and transferred with or without cost.
    Owning agency means the executive agency that holds the vehicle 
title, manufacturer's Certificate of Origin, or is the lessee of a 
commercial lease. This term does not apply to agencies that lease motor 
vehicles from the GSA Fleet.
    Passenger automobile means a sedan or station wagon designed 
primarily to transport people.
    Reportable motor vehicles are any Government motor vehicles used by 
an executive agency or activity, including those used by contractors. 
Also included are motor vehicles designed or acquired for a specific or 
unique purpose, including motor vehicles that serve as a platform or 
conveyance for special equipment, such as a trailer. Excluded are 
material handling equipment and construction equipment not designed and 
used primarily for highway operation (e.g., if it must be trailered or 
towed to be transported).
    Using agency means an executive agency that obtains motor vehicles 
from the GSA Fleet, commercial firms or another executive agency and 
does not hold the vehicle title or manufacturer's Certificate of Origin. 
However, this does not include an executive agency that obtains a motor 
vehicle by motor vehicle rental.

[74 FR 11871, Mar. 20, 2009, as amended at 76 FR 76623, Dec. 8, 2011]



            Subpart B_Obtaining Fuel Efficient Motor Vehicles



Sec.  102-34.40  Who must comply with motor vehicle fuel efficiency 
requirements?

    (a) Executive agencies operating domestic fleets must comply with 
motor vehicle fuel efficiency requirements for such fleets.
    (b) This subpart does not apply to motor vehicles exempted by law or 
other regulations, such as law enforcement or emergency rescue work and 
foreign fleets. Other Federal agencies are encouraged to comply so that 
maximum energy conservation benefits may be realized in obtaining, 
operating, and managing Government motor vehicles.



Sec.  102-34.45  How are passenger automobiles classified?

    Passenger automobiles are classified in the following table:

------------------------------------------------------------------------
                                     Station wagon
           Sedan class                   class         Descriptive name
------------------------------------------------------------------------
I...............................  I.................  Subcompact.
II..............................  II................  Compact.
III.............................  III...............  Midsize.
IV..............................  IV................  Large.
V...............................  Limousine.........
------------------------------------------------------------------------



Sec.  102-34.50  What size motor vehicles may we obtain?

    (a) You may only obtain the minimum size of motor vehicle necessary 
to fulfill your agency's mission in accordance with the following 
considerations:

[[Page 75]]

    (1) You must obtain motor vehicles that achieve maximum fuel 
efficiency.
    (2) Limit motor vehicle body size, engine size and optional 
equipment to what is essential to meet your agency's mission.
    (3) With the exception of motor vehicles used by the President and 
Vice President and motor vehicles for security and highly essential 
needs, you must obtain midsize (class III) or smaller sedans.
    (4) Obtain large (class IV) sedans only when such motor vehicles are 
essential to your agency's mission.
    (b) Agencies must establish and document a structured vehicle 
allocation methodology to determine the appropriate size and number of 
motor vehicles (see FMR Bulletin B-9, located at http://www.gsa.gov/
bulletin, for guidance).



Sec.  102-34.55  Are there fleet average fuel economy standards we
must meet?

    (a) Yes. 49 U.S.C. 32917 and Executive Order 12375 require that each 
executive agency meet the fleet average fuel economy standards in place 
as of January 1 of each fiscal year. The standards for passenger 
automobiles are prescribed in 49 U.S.C. 32902(b). The Department of 
Transportation publishes the standards for light trucks and amendments 
to the standards for passenger automobiles at http://www.dot.gov.
    (b) These standards do not apply to military design motor vehicles, 
law enforcement motor vehicles, or motor vehicles intended for emergency 
rescue.



Sec.  102-34.60  How do we calculate the average fuel economy for 
Government motor vehicles?

    You must calculate the average fuel economy for Government motor 
vehicles as follows:
    (a) Because there are so many motor vehicle configurations, you must 
take an average of all light duty motor vehicles by category that your 
agency obtained and operated during the fiscal year.
    (b) This calculation is the sum of such light duty motor vehicles 
divided by the sum of the fractions representing the number of motor 
vehicles of each category by model divided by the unadjusted city/
highway mile-per-gallon ratings for that model. The unadjusted city/
highway mile-per-gallon ratings for each make and model are published by 
the Environmental Protection Agency (EPA) for each model year and 
published at http://www.fueleconomy.gov.
    (c) An example follows:

    Light trucks:
    (i) 600 light trucks acquired in a specific year. These are broken 
down into:
    (A) 200 Six cylinder automatic transmission pick-up trucks, EPA 
rating: 24.3 mpg, plus
    (B) 150 Six cylinder automatic transmission mini-vans, EPA rating: 
24.8 mpg, plus
    (C) 150 Eight cylinder automatic transmission pick-up trucks, EPA 
rating: 20.4 mpg, plus
    (D) 100 Eight cylinder automatic transmission cargo vans, EPA 
rating: 22.2 mpg.
[GRAPHIC] [TIFF OMITTED] TR20MR09.000


[[Page 76]]


    (ii) Fleet average fuel economy for light trucks in this case is 
23.0 mpg.



Sec.  102-34.65  How may we request an exemption from the fuel economy 
standards?

    You must submit a written request for an exemption from the fuel 
economy standards to: Administrator, General Services Administration, 
ATTN: Deputy Associate Administrator, Office of Travel, Transportation 
and Asset Management (MT), Washington, DC 20405.
    (a) Your request for an exemption must include all relevant 
information necessary to permit review of the request that the vehicles 
be exempted based on energy conservation, economy, efficiency, or 
service. Exemptions may be sought for individual vehicles or categories 
of vehicles.
    (b) GSA will review the request and advise you of the determination 
within 30 days of receipt. Light duty motor vehicles exempted under the 
provisions of this section must not be included in calculating your 
fleet average fuel economy.



Sec.  102-34.70  What do we do with completed calculations of our fleet 
vehicle acquisitions?

    You must maintain the average fuel economy data for each year's 
vehicle acquisitions on file at your agency headquarters in accordance 
with the National Archives and Records Administration, General Records 
Schedule 10, Motor Vehicle and Aircraft Maintenance and Operations 
Records, Item 4, Motor Vehicle Report Files. Exemption requests and 
their disposition must also be maintained with the average fuel economy 
files.



Sec.  102-34.75  Who is responsible for monitoring our compliance with
fuel economy standards for motor vehicles we obtain?

    Executive agencies are responsible for monitoring their own 
compliance with fuel economy standards for motor vehicles they obtain.



Sec.  102-34.80  Where may we obtain help with our motor vehicle 
acquisition plans?

    For help with your motor vehicle acquisition plans, contact the: 
General Services Administration, ATTN: MT, Washington, DC 20405. E-mail: 
[email protected].



          Subpart C_Identifying and Registering Motor Vehicles

                      Motor Vehicle Identification



Sec.  102-34.85  What motor vehicles require motor vehicle identification?

    All Government motor vehicles must display motor vehicle 
identification unless exempted under Sec.  102-34.160, Sec.  102-34.175 
or Sec.  102-34.180.



Sec.  102-34.90  What motor vehicle identification must we display on
Government motor vehicles?

    Unless exempted under Sec.  102-34.160, Sec.  102-34.175 or Sec.  
102-34.180, Government motor vehicles must display the following 
identification:
    (a) ``For Official Use Only'';
    (b) ``U.S. Government''; and
    (c) Identification that readily identifies the agency owning the 
vehicle.



Sec.  102-34.95  What motor vehicle identification must the 
Department of Defense (DOD) display on motor vehicles it owns or 
leases commercially?

    Unless exempted under Sec.  102-34.160, Sec.  102-34.175 or Sec.  
102-34.180, the following must appear on motor vehicles that the DOD 
owns or leases commercially:
    (a) ``For Official Use Only''; and
    (b) An appropriate title for the DOD component responsible for the 
vehicle.



Sec.  102-34.100  Where is motor vehicle identification displayed?

    Motor vehicle identification is displayed as follows:
    (a) For most Government motor vehicles, preferably on the official 
U.S. Government license plate. Some Government motor vehicles may 
display motor vehicle identification on a decal in the rear window, or 
centered on both front doors if the vehicle is without a rear window, or 
where identification on the rear window would not be easily seen.
    (b) For trailers, on both sides of the front quarter of the trailer 
in a conspicuous location.

    Note to Sec.  102-34.100: Each agency or activity that uses decals 
to identify Government motor vehicles is responsible for acquiring

[[Page 77]]

its own decals and for replacing them when necessary due to damage or 
wear.



Sec.  102-34.105  Before we sell a motor vehicle, what motor vehicle
identification must we remove?

    You must remove all motor vehicle identification before you transfer 
the title or deliver the motor vehicle.

                             License Plates



Sec.  102-34.110  Must Government motor vehicles use Government
license plates?

    Yes, you must use Government license plates on Government motor 
vehicles, with the exception of motor vehicles exempted under Sec.  102-
34.160, Sec.  102-34.175 or Sec.  102-34.180.



Sec.  102-34.115  Can official U.S. Government license plates be used
on motor vehicles not owned or leased by the Government?

    No, official U.S. Government license plates may only be used on 
Government motor vehicles.



Sec.  102-34.120  Do we need to register Government motor vehicles?

    If the Government motor vehicle displays U.S. Government license 
plates and motor vehicle identification, you do not need to register it 
in the jurisdiction where the vehicle is operated, however, you must 
register it in the Federal Government Motor Vehicle Registration System. 
GSA Fleet may register motor vehicles leased from GSA Fleet. Motor 
vehicles that have been exempted from the requirement to display 
official U.S. Government license plates under section Sec.  102-34.160, 
Sec.  102-34.175 or Sec.  102-34.180 must be registered and inspected in 
accordance with the laws of the jurisdiction where the motor vehicle is 
regularly operated.



Sec.  102-34.125  Where may we obtain U.S. Government license plates?

    You may obtain U.S. Government license plates for domestic fleets--
    (a) By contacting: U.S. Department of Justice, UNICOR, Federal 
Prison Industries, Inc., 400 First Street, NW., Room 6010, Washington, 
DC 20534.
    (b) For assistance with any issues involving license plates, contact 
the following office: General Services Administration, ATTN: MT, 
Washington, DC 20405. E-mail: [email protected].

    Note to Sec.  102-34.125: GSA has established a Memorandum of 
Understanding (MOU) on behalf of all Federal agencies with Federal 
Prison Industries (UNICOR) for the procurement of official U.S. 
Government license plates. Each agency must execute an addendum to this 
MOU providing plate design and specific ordering and payment information 
before ordering license plates. Agency field activities should contact 
their national level Agency Fleet Manager for assistance.



Sec.  102-34.130  How do we display U.S. Government license plates on
Government motor vehicles?

    (a) Display official U.S. Government license plates on the front and 
rear of all Government motor vehicles. The exception is two-wheeled 
motor vehicles and trailers, which require rear license plates only.
    (b) You must display U.S. Government license plates on the 
Government motor vehicle to which the license plates were assigned.
    (c) Display the U.S. Government license plates until the Government 
motor vehicle is removed from Government service or is transferred 
outside the agency, or until the plates are damaged and require 
replacement. U.S. Government license plates shall only be used for one 
Government motor vehicle and shall not be reissued to another Government 
motor vehicle.
    (d) For motor vehicles owned or commercially leased by DOD, also 
follow DOD regulations.



Sec.  102-34.135  What do we do about a lost or stolen license plate?

    You must report the loss or theft of license plates as follows:
    (a) U.S. Government license plates. Report to your local security 
office (or equivalent), local police, to GSA Fleet when a GSA Fleet 
leased motor vehicle is involved, and to the Federal Government Motor 
Vehicle Registration System.
    (b) District of Columbia or State license plates. Report to your 
local security office (or equivalent) and either the District of 
Columbia Department of Transportation, or the State Department of Motor 
Vehicles, as appropriate.

[[Page 78]]



Sec.  102-34.140  What records do we need to keep on U.S. Government
license plates?

    You must keep a central record of all U.S. Government license plates 
for Government motor vehicles. The GSA Fleet must also keep such a 
record for GSA Fleet vehicles. The record must:
    (a) Identify the motor vehicle to which each set of plates is 
assigned; and
    (b) List lost, stolen, destroyed, and voided license plate numbers.



Sec.  102-34.145  How are U.S. Government license plates coded?

    U.S. Government license plate numbers will be preceded by a letter 
code that designates the owning agency for the motor vehicle. The agency 
letter codes are listed in GSA Bulletin FMR Bulletin B-11. (FMR 
bulletins are located at http://www.gsa.gov/bulletin.)



Sec.  102-34.150  How can we get a new license plate code designation?

    To obtain a new license plate code designation, write to the: 
General Services Administration, ATTN: MT, Washington, DC 20405. E-mail: 
[email protected].

                        Identification Exemptions



Sec.  102-34.155  What are the types of motor vehicle identification 
exemptions?

    The types of motor vehicle identification exemptions are:
    (a) Limited exemption.
    (b) Unlimited exemption.
    (c) Special exemption.



Sec.  102-34.160  May we have a limited exemption from displaying 
U.S. Government license plates and other motor vehicle identification?

    Yes. The head of your agency or designee may authorize a limited 
exemption to the display of U.S. Government license plates and motor 
vehicle identification upon written certification (see Sec.  102-
34.165). For motor vehicles leased from the GSA Fleet, send an 
information copy of this certification to the: General Services 
Administration, ATTN: GSA Fleet (QMDB), 2200 Crystal Drive, Arlington, 
VA 22202.



Sec.  102-34.165  What information must the limited exemption certification
contain?

    The certification must state that identifying the motor vehicle 
would endanger the security of the vehicle occupants or otherwise 
compromise the agency mission.



Sec.  102-34.170  For how long is a limited exemption valid?

    An exemption granted in accordance with Sec.  102-34.160 may last 
from one day up to 3 years. If the requirement for exemption still 
exists beyond 3 years, your agency must re-certify the continued 
exemption. For a motor vehicle leased from the GSA Fleet, send a copy of 
the re-certification to the: General Services Administration, ATTN: GSA 
Fleet (QMDB), 2200 Crystal Drive, Arlington, VA 22202.



Sec.  102-34.175  What motor vehicles have an unlimited exemption from
displaying U.S. Government license plates and motor vehicle identification?

    Motor vehicles used primarily for investigative, law enforcement, 
intelligence, or security duties have an unlimited exemption from 
displaying U.S. Government license plates and motor vehicle 
identification when identifying these motor vehicles would interfere 
with those duties.



Sec.  102-34.180  What agencies have a special exemption from displayin
of their vehicles?

    Motor vehicles assigned for the use of the President and the heads 
of executive departments specified in 5 U.S.C. 101 are exempt from the 
requirement to display motor vehicle identification.



Sec.  102-34.185  What license plates do we use on motor vehicles that
are exempt from motor vehicle identification requirements?

    For motor vehicles that are exempt from motor vehicle identification 
requirements, display the regular license plates of the State, 
Commonwealth, territory or possession of the United States, or the 
District of Columbia, where the motor vehicle is principally operated 
(see Sec.  102-34.120).

[[Page 79]]



Sec.  102-34.190  What special requirements apply to exempted motor
vehicles using District of Columbia or State license plates?

    Your agency head must designate an official to authorize the 
District of Columbia (DC) or State motor vehicle department to issue DC 
license plates or State license plates for motor vehicles exempt from 
displaying U.S. Government license plates and motor vehicle 
identification. The agency head must provide the name and signature of 
that official to the DC Department of Transportation annually, or to the 
equivalent State vehicle motor vehicle department, as required. Agencies 
must pay DC and the States for these license plates in accordance with 
DC or State policy. Also, for motor vehicles leased from the GSA Fleet, 
send a list of the new plates to: General Services Administration, ATTN: 
GSA Fleet (QMDB), 2200 Crystal Drive, Arlington, VA 22202.



Sec.  102-34.195  Must we submit a report concerning motor vehicles
exempted under this subpart?

    Yes. If asked, the head of each executive agency must submit a 
report concerning motor vehicles exempted under this subpart. This 
report, which has been assigned interagency report control number 1537-
GSA-AR, should be submitted to the: General Services Administration, 
ATTN: MT, Washington, DC 20405. E-mail: [email protected].



           Subpart D_Official Use of Government Motor Vehicles



Sec.  102-34.200  What is official use of Government motor vehicles?

    Official use of a Government motor vehicle is using a Government 
motor vehicle to perform your agency's mission(s), as authorized by your 
agency.



Sec.  102-34.205  May I use a Government motor vehicle for transportation 
between my residence and place of employment?

    No, you may not use a Government motor vehicle for transportation 
between your residence and place of employment unless your agency 
authorizes such use after making the necessary determination under 31 
U.S.C. 1344 and part 102-5 of this title. Your agency must keep a copy 
of the written authorization within the agency and monitor the use of 
these motor vehicles.



Sec.  102-34.210  May I use a Government motor vehicle for transportation
between places of employment and mass transit facilities?

    Yes, you may use a Government motor vehicle for transportation 
between places of employment and mass transit facilities under the 
following conditions:
    (a) The head of your agency must make a determination in writing, 
valid for one year, that such use is appropriate and consistent with 
sound budget policy, and the determination must be kept on file;
    (b) There is no safe and reliable commercial or duplicative Federal 
mass transportation service that serves the same route on a regular 
basis;
    (c) This transportation is made available, space provided, to other 
Federal employees;
    (d) Alternative fuel vehicles should be used to the maximum extent 
practicable;
    (e) This transportation should be provided in a manner that does not 
result in any additional gross income for Federal income tax purposes; 
and
    (f) Motor vehicle ridership levels must be frequently monitored to 
ensure cost/benefit of providing and maintaining this transportation.



Sec.  102-34.215  May Government contractors use Government motor
vehicles?

    Yes, Government contractors may use Government motor vehicles when 
authorized in accordance with the Federal Acquisition Regulation (FAR), 
GSA Fleet procedures, and the following conditions:
    (a) Government motor vehicles are used for official purposes only 
and solely in the performance of the contract;
    (b) Government motor vehicles cannot be used for transportation 
between residence and place of employment, unless authorized in 
accordance with 31 U.S.C. 1344 and part 102-5 of this chapter; and
    (c) Contractors must:
    (1) Establish and enforce suitable penalties against employees who 
use,

[[Page 80]]

or authorize the use of, Government motor vehicles for unofficial 
purposes or for other than in the performance of the contract; and
    (2) Pay any expenses or cost, without Government reimbursement, for 
using Government motor vehicles other than in the performance of the 
contract.



Sec.  102-34.220  What does GSA do if it learns of unofficial use of 
a Government motor vehicle?

    GSA reports the matter to the head of your agency. The agency 
investigates and may, if appropriate, take disciplinary action under 31 
U.S.C. 1349 or may report the violation to the Attorney General for 
prosecution under 18 U.S.C. 641.



Sec.  102-34.225  How are Federal employees disciplined for misuse
of Government motor vehicles?

    If an employee willfully uses, or authorizes the use of, a 
Government motor vehicle for other than official purposes, the employee 
is subject to suspension of at least one month or, up to and including, 
removal by the head of the agency (31 U.S.C. 1349).



Sec.  102-34.230  How am I responsible for protecting Government motor
vehicles?

    When a Government motor vehicle is under your control, you must:
    (a) Park or store the Government motor vehicle in a manner that 
reasonably protects it from theft or damage; and
    (b) Lock the unattended Government motor vehicle. (The only 
exception to this requirement is when fire regulations or other 
directives prohibit locking motor vehicles in closed buildings or 
enclosures.)



Sec.  102-34.235  Am I bound by State and local traffic laws?

    Yes. You must obey all motor vehicle traffic laws of the State and 
local jurisdiction, except when the duties of your position require 
otherwise. You are personally responsible if you violate State or local 
traffic laws. If you are fined or otherwise penalized for an offense you 
commit while performing your official duties, but which was not required 
as part of your official duties, payment is your personal 
responsibility.



Sec.  102-34.240  Who pays for parking fees?

    You must pay parking fees while operating a Government motor 
vehicle. However, you can expect to be reimbursed for parking fees 
incurred while performing official duties.



Sec.  102-34.245  Who pays for parking fines?

    If you are fined for a parking violation while operating a 
Government motor vehicle, you are responsible for paying the fine and 
will not be reimbursed.



Sec.  102-34.250  Do Federal employees in Government motor vehicles 
have to use all safety devices and follow all safety guidelines?

    Yes, Federal employees in Government motor vehicles have to use all 
provided safety devices including safety belts and follow all 
appropriate motor vehicle manufacturer safety guidelines.



                 Subpart E_Replacement of Motor Vehicles



Sec.  102-34.255  What are motor vehicle replacement standards?

    Motor vehicle replacement standards specify the minimum number of 
years in use or miles traveled at which an executive agency may replace 
a Government-owned motor vehicle (see Sec.  102-34.270).



Sec.  102-34.260  May we replace a Government-owned motor vehicle sooner?

    Yes. You may replace a Government-owned motor vehicle if it needs 
body or mechanical repairs that exceed the fair market value of the 
motor vehicle. Determine the fair market value by adding the current 
market value of the motor vehicle plus any capitalized motor vehicle 
additions (such as a utility body or liftgate) or repairs. Your agency 
head or designee must review the replacement in advance.

[[Page 81]]



Sec.  102-34.265  May we keep a Government-owned motor vehicle even
though the standard permits replacement?

    Yes. The replacement standard is a minimum only, and therefore, you 
may keep a Government-owned motor vehicle longer than shown in Sec.  
102-34.270 if the motor vehicle can be operated without excessive 
maintenance costs or substantial reduction in resale value.



Sec.  102-34.270  How long must we keep a Government-owned motor vehicle?

    You must keep a Government-owned motor vehicle for at least the 
years or miles shown in the following table, unless it is no longer 
needed and declared excess:

                 Table of Minimum Replacement Standards
------------------------------------------------------------------------
           Motor vehicle type                Years \1\     Or miles \1\
------------------------------------------------------------------------
Sedans/Station Wagons...................               3          60,000
Ambulances..............................               7          60,000
Buses:
    Intercity...........................             n/a         280,000
    City................................             n/a         150,000
    School..............................             n/a          80,000
Trucks:
    Less than 12,500 pounds GVWR........               6          50,000
    12,500-23,999 pounds GVWR...........               7          60,000
    24,000 pounds GVWR and over.........               9          80,000
4- or 6-wheel drive motor vehicles......               6          40,000
------------------------------------------------------------------------
\1\ Minimum standards are stated in both years and miles; use whichever
  occurs first.



            Subpart F_Scheduled Maintenance of Motor Vehicles



Sec.  102-34.275  What kind of maintenance programs must we have?

    You must have a scheduled maintenance program for each motor vehicle 
you own or lease commercially. This requirement applies to domestic 
fleets, and is recommended for foreign fleets. The GSA Fleet will 
develop maintenance programs for GSA Fleet vehicles. The scheduled 
maintenance program must:
    (a) Meet Federal and State emissions and safety standards;
    (b) Meet manufacturer warranty requirements;
    (c) Ensure the safe and economical operating condition of the motor 
vehicle throughout its life; and
    (d) Ensure that inspections and servicing occur as recommended by 
the manufacturer or more often if local operating conditions require.



Sec.  102-34.280  What State inspections must we have for Government
motor vehicles?

    You must have the following State inspections for Government motor 
vehicles:
    (a) Federally-mandated emissions inspections when required by the 
relevant State motor vehicle administration or State environmental 
department. Your agency must pay for these inspections if the fee is not 
waived. GSA Fleet will pay the cost of these inspections for motor 
vehicles leased from GSA Fleet; or
    (b) For motor vehicles that display license plates issued by a 
State, Commonwealth, territory, or possession of the United States, 
motor vehicle safety inspections required by the relevant motor vehicle 
administration. Your agency must pay for these inspections unless the 
fee is waived. Payment for these inspections for motor vehicles leased 
from GSA Fleet is the responsibility of the using agency. Government 
motor vehicles that display official U.S. Government license plates do 
not require motor vehicle safety inspections.



Sec.  102-34.285  Where can we obtain help in setting up a maintenance 
program?

    For help in setting up a maintenance program, contact the: General 
Services Administration, Attn: Motor Vehicle Policy, Washington, DC 
20405. E-mail: [email protected].



                 Subpart G_Motor Vehicle Crash Reporting



Sec.  102-34.290  What forms do I use to report a crash involving a
domestic fleet motor vehicle?

    Use the following forms to report a domestic fleet crash. The forms 
should be carried in any domestic fleet motor vehicle.
    (a) Standard Form (SF) 91, Motor Vehicle Accident Report. The motor 
vehicle operator should complete this form at

[[Page 82]]

the time and scene of the crash if possible, even if damage to the motor 
vehicle is not noticeable.
    (b) SF 94, Statement of Witness. This form should be completed by 
any witness to the crash.



Sec.  102-34.295  To whom do we send crash reports?

    Send crash reports as follows:
    (a) If the motor vehicle is owned or commercially leased by your 
agency, follow your internal agency directives.
    (b) If the motor vehicle is leased from GSA Fleet, report the crash 
to GSA in accordance with subpart 101-39.4 of this Title.



                  Subpart H_Disposal of Motor Vehicles



Sec.  102-34.300  How do we dispose of a domestic fleet motor vehicle?

    After meeting the replacement standards under subpart E of this 
part, you may dispose of a Government-owned domestic fleet motor 
vehicle. Detailed instructions for the transfer of an excess motor 
vehicle to another Federal agency can be found in part 102-36 of this 
subchapter B, information for the donation of surplus of motor vehicles 
can be found in part 102-37 of this subchapter B, information for the 
sale of motor vehicles can be found in part 102-38 of this subchapter B, 
and information on exchange/sale authority can be found in part 102-39 
of this subchapter B.



Sec.  102-34.305  What forms do we use to transfer ownership when
selling a motor vehicle?

    Use the following forms to transfer ownership:
    (a) SF 97, The United States Government Certificate to Obtain Title 
to a Motor Vehicle, if both of the following apply:
    (1) The motor vehicle will be retitled by a State, Commonwealth, 
territory or possession of the United States or the District of 
Columbia; and
    (2) The purchaser intends to operate the motor vehicle on highways.

    Note to Sec.  102-34.305(a)(2): Do not use SF 97 if the Government-
owned motor vehicle is either not designed or not legal for operation on 
highways. Examples are construction equipment, farm machinery, and 
certain military-design motor vehicles and motor vehicles that are 
damaged beyond repair in crashes and intended to be sold as salvage 
only. Instead, use an appropriate bill of sale or award document. 
Examples are Optional Form 16, Sales Slip--Sale of Government Personal 
Property, and SF 114C, Sale of Government Property-Bid and Award.

    (b) SF 97 is optional for foreign fleet motor vehicles because 
foreign governments may require the use of other forms.

    Note to Sec.  102-34.305: The original SF 97 is printed on secure 
paper to identify readily any attempt to alter the form. The form is 
also pre-numbered to prevent duplicates. State motor vehicle agencies 
may reject certificates showing erasures or strikeovers.



Sec.  102-34.310  How do we distribute the completed Standard Form 97?

    SF 97 is a 4-part set printed on continuous-feed paper. Distribute 
the form as follows:
    (a) Original SF 97 to the purchaser or donee;
    (b) One copy to the owning agency;
    (c) One copy to the contracting officer making the sale or transfer 
of the motor vehicle; and
    (d) One copy under owning agency directives.



                     Subpart I_Motor Vehicle Fueling



Sec.  102-34.315  How do we obtain fuel for Government motor vehicles?

    You may obtain fuel for Government motor vehicles by using:
    (a) A Government-issued charge card;
    (b) A Government agency fueling facility; or
    (c) Personal funds and obtaining reimbursement from your agency, if 
permitted by your agency. You must use the method prescribed by GSA 
Fleet to obtain fuel for vehicles leased from GSA fleet.



Sec.  102-34.320  What Government-issued charge cards may I use to
purchase fuel and motor vehicle related services?

    (a) You may use a fleet charge card specifically issued for this 
purpose. These cards are designed to collect motor vehicle data at the 
time of purchase. Where appropriate, State sales and motor fuel taxes 
may be deducted

[[Page 83]]

from fuel purchases by the fleet charge card services contractor before 
your agency is billed; otherwise you may need to request reimbursement 
from each State to which taxes were paid. The GSA contractor issued 
fleet charge card is the only Government-issued charge card that may be 
used for GSA Fleet motor vehicles. For further information on acquiring 
these fleet charge cards and their use, contact the: General Services 
Administration, ATTN: GSA SmartPay [supreg] (QMB), 2200 Crystal Drive, 
Arlington, VA 22202.
    (b) You may use a Government purchase card if you do not have a 
fleet charge card or if the use of such a Government purchase card is 
required by your agency mission. However, the Government purchase card 
does not collect motor vehicle data nor does it deduct State sales and 
motor fuel taxes.

    Note to Sec.  102-34.320: OMB Circular A-123, Appendix B, contains 
additional specific guidance on the management, issuance, and usage of 
Government charge cards. The Appendix B guidance consolidates and 
updates current Governmentwide charge card program requirements and 
guidance issued by the Office of Management and Budget, GSA, Department 
of the Treasury, and other Federal agencies. Appendix B provides a 
single document to incorporate changes, new guidance, or amendments to 
existing guidance, and establishes minimum requirements and suggested 
best practices for Government charge card programs that may be 
supplemented by individual agency policy procedures.



Sec.  102-34.325  What type of fuel do I use in Government motor vehicles?

    (a) Use the minimum grade (octane rating) of fuel recommended by the 
motor vehicle manufacturer when fueling Government motor vehicles, 
unless a higher grade of fuel is all that is available locally.
    (b) Use unleaded gasoline in all foreign fleet motor vehicles 
designed to operate on gasoline unless:
    (1) Such use would be in conflict with country-to-country or multi-
national logistics agreements; or
    (2) Such gasoline is not available locally.
    (c) You must use alternative fuels in alternative fuel motor 
vehicles to the fullest extent possible as directed by regulations 
issued by the Department of Energy implementing the Energy Policy Act 
and related Executive Orders.



                     Subpart J_Federal Fleet Report



Sec.  102-34.330  What is the Federal Fleet Report?

    The Federal Fleet Report (FFR) is an annual summary of Federal fleet 
statistics based upon fleet composition at the end of each fiscal year 
and vehicle use and cost during the fiscal year. The FFR is compiled by 
GSA from information submitted by Federal agencies. The FFR is designed 
to provide essential statistical data for worldwide Federal motor 
vehicle fleet operations. Review of the report assists Government 
agencies, including GSA, in evaluating the effectiveness of the 
operation and management of individual fleets to determine whether 
vehicles are being utilized properly and to identify high cost areas 
where fleet expenses can be reduced. The FFR is posted on GSA's Motor 
Vehicle Management Policy Internet Web site (http://www.gsa.gov/
vehiclepolicy).



Sec.  102-34.335  How do I submit information to the General Services 
Administration (GSA) for the Federal Fleet Report (FFR)?

    (a) Annually, agencies must submit to GSA the information needed to 
produce the FFR through the Federal Automotive Statistical Tool (FAST), 
an Internet-based reporting tool. To find out how to submit motor 
vehicle data to GSA through FAST, consult the instructions from your 
agency fleet manager and read the documentation at http://
fastweb.inel.gov/.
    (b) Specific reporting categories, by agency, included in the FFR 
are--
    (1) Inventory;
    (2) Acquisitions;
    (3) Operating costs;
    (4) Miles traveled; and
    (5) Fuel used.

    Note to Sec.  102-34.335: The FAST system is also used by agency 
Fleet Managers to provide the Department of Energy with information 
required by the Energy Policy Act and related Executive Orders. In 
addition, the Office of Management and Budget (OMB) requires agency 
Fleet Managers and budget officers to submit annual agency motor vehicle 
budgeting information to OMB through

[[Page 84]]

FAST (see OMB Circular A-11, Preparation, Submission, and Execution of 
the Budget).



Sec.  102-34.340  Do we need a fleet management information system?

    Yes, you must have a fleet management information system at the 
department or agency level that --
    (a) Identifies and collects accurate inventory, cost, and use data 
that covers the complete lifecycle of each motor vehicle (acquisition, 
operation, maintenance, and disposal); and
    (b) Provides the information necessary to satisfy both internal and 
external reporting requirements, including:
    (1) Cost per mile;
    (2) Fuel costs for each motor vehicle; and
    (3) Data required for FAST (see Sec.  102-34.335).



Sec.  102-34.345  What records do we need to keep?

    You are responsible for developing and keeping adequate accounting 
and reporting procedures for Government motor vehicles. These will 
ensure accurate recording of inventory, cost, and operational data 
needed to manage and control motor vehicles, and will satisfy reporting 
requirements. You must also comply with the General Records Schedules 
issued by the National Archives and Records Administration (http://
www.archives.gov).



                             Subpart K_Forms



Sec.  102-34.350  How do we obtain the forms prescribed in this part?

    See Sec.  102-2.135 of this chapter for how to obtain forms 
prescribed in this part.



PART 102	35_DISPOSITION OF PERSONAL PROPERTY--Table of Contents



Sec.
102-35.5 What is the scope of the General Services Administration's 
          regulations on the disposal of personal property?
102-35.10 How are these regulations for the disposal of personal 
          property organized?
102-35.15 What are the goals of GSA's personal property regulations?
102-35.20 What definitions apply to GSA's personal property regulations?
102-35.25 What management reports must we provide?
102-35.30 What actions must I take or am I authorized to take regardless 
          of the property disposition method?

    Authority: 40 U.S.C. 121(c).

    Source: 72 FR 10085, Mar. 7, 2007, unless otherwise noted.



Sec.  102-35.5  What is the scope of the General Services Administration's 
regulations on the disposal of personal property?

    The General Services Administration's personal property disposal 
regulations are contained in this part and in parts 102-36 through 102-
42 of this subchapter B as well as in parts 101-42 and 101-45 of the 
Federal Property Management Regulations (FPMR)(41 CFR parts 101-42 and 
101-45). With two exceptions, these regulations cover the disposal of 
personal property under the custody and control of executive agencies 
located in the United States, the U.S. Virgin Islands, American Samoa, 
Guam, Puerto Rico, the Northern Mariana Islands, the Federated States of 
Micronesia, the Marshall Islands, and Palau. The exceptions to this 
coverage are part 102-39 of this subchapter B, which applies to the 
replacement of all property owned by executive agencies worldwide using 
the exchange/sale authority, and Sec. Sec.  102-36.380 through 102-
36.400, which apply to the disposal of excess property located in 
countries and areas not listed in this subpart, i.e., foreign excess 
personal property. The legislative and judicial branches are encouraged 
to follow these provisions for property in their custody and control.



Sec.  102-35.10  How are these regulations for the disposal of personal
property organized?

    The General Services Administration (GSA) has divided its 
regulations for the disposal of personal property into the following 
program areas:
    (a) Disposition of excess personal property (part 102-36 of this 
subchapter B).
    (b) Donation of surplus personal property (part 102-37 of this 
subchapter B).
    (c) Sale of surplus personal property (part 102-38 of this 
subchapter B).

[[Page 85]]

    (d) Replacement of personal property pursuant to the exchange/sale 
authority (part 102-39 of this subchapter B).
    (e) Utilization and disposition of personal property with special 
handling requirements (part 102-40 of this subchapter B).
    (f) Disposition of seized, forfeited, voluntarily abandoned, and 
unclaimed personal property (part 102-41 of this subchapter B).
    (g) Utilization, donation, and disposal of foreign gifts and 
decorations (part 102-42 of this subchapter B).

[72 FR 10085, Mar. 7, 2007, as amended at 87 FR 6043, Feb. 3, 2022]



Sec.  102-35.15  What are the goals of GSA's personal property regulations?

    The goals of GSA's personal property regulations are to:
    (a) Improve the identification and reporting of excess personal 
property;
    (b) Maximize the use of excess property as the first source of 
supply to minimize expenditures for the purchase of new property, when 
practicable;

    Note to Sec.  102-35.15(b): If there are competing requests among 
Federal agencies for excess property, preference will be given to 
agencies where the transfer will avoid a new Federal procurement. A 
transfer to an agency where the agency will provide the property to a 
non-Federal entity for the non-Federal entity's use will be secondary to 
Federal use.

    (c) Achieve maximum public benefit from the use of Government 
property through the donation of surplus personal property to State and 
local public agencies and other eligible non-Federal recipients;
    (d) Obtain the optimum monetary return to the Government for surplus 
personal property sold and personal property sold under the exchange/
sale authority; and
    (e) Reduce management and inventory costs by appropriate use of the 
abandonment/destruction authority to dispose of unneeded personal 
property that has no commercial value or for which the estimated cost of 
continued care and handling would exceed the estimated sales proceeds 
(see FMR Sec. Sec.  102-36.305 through 102-36.330).



Sec.  102-35.20  What definitions apply to GSA's personal property 
regulations?

    The following are definitions of, or cross-references to, some key 
terms that apply to GSA's personal property regulations in the FMR (CFR 
parts 102-36 through 102-42). Other personal property terms are defined 
in the sections or parts to which they primarily apply.
    Accountable Personal Property includes nonexpendable personal 
property whose expected useful life is two years or longer and whose 
acquisition value, as determined by the agency, warrants tracking in the 
agency's property records, including capitalized and sensitive personal 
property.
    Accountability means the ability to account for personal property by 
providing a complete audit trail for property transactions from receipt 
to final disposition.
    Acquisition cost means the original purchase price of an item.
    Capitalized Personal Property includes property that is entered on 
the agency's general ledger records as a major investment or asset. An 
agency must determine its capitalization thresholds as discussed in 
Financial Accounting Standard Advisory Board (FASAB) Statement of 
Federal Financial Accounting Standards No. 6 Accounting for Property, 
Plant and Equipment, Chapter 1, paragraph 13.
    Control means the ongoing function of maintaining physical oversight 
and surveillance of personal property throughout its complete life cycle 
using various property management tools and techniques taking into 
account the environment in which the property is located and its 
vulnerability to theft, waste, fraud, or abuse.
    Excess personal property (see Sec.  102-36.40 of this subchapter B).
    Exchange/sale (see Sec.  102-39.20 of this subchapter B).
    Executive agency (see Sec.  102-36.40 of this subchapter B).
    Federal agency (see Sec.  102-36.40 of this subchapter B).
    Foreign gifts and decorations (for the definition of relevant terms, 
see Sec.  102-42.10 of this subchapter B).
    Forfeited property (see Sec.  102-41.20 of this subchapter B).

[[Page 86]]

    Inventory includes a formal listing of all accountable property 
items assigned to an agency, along with a formal process to verify the 
condition, location, and quantity of such items. This term may also be 
used as a verb to indicate the actions leading to the development of a 
listing. In this sense, an inventory must be conducted using an actual 
physical count, electronic means, and/or statistical methods.
    National property management officer means an official, designated 
in accordance with Sec.  102-36.45(b) of this subchapter B, who is 
responsible for ensuring effective acquisition, use, and disposal of 
excess property within your agency.
    Personal property (see Sec.  102-36.40 of this subchapter B).
    Property management means the system of acquiring, maintaining, 
using and disposing of the personal property of an organization or 
entity.
    Seized property means personal property that has been confiscated by 
a Federal agency, and whose care and handling will be the responsibility 
of that agency until final ownership is determined by the judicial 
process.
    Sensitive Personal Property includes all items, regardless of value, 
that require special control and accountability due to unusual rates of 
loss, theft or misuse, or due to national security or export control 
considerations. Such property includes weapons, ammunition, explosives, 
information technology equipment with memory capability, cameras, and 
communications equipment. These classifications do not preclude agencies 
from specifying additional personal property classifications to 
effectively manage their programs.
    Surplus personal property (see Sec.  102-37.25 of this subchapter 
B).
    Utilization means the identification, reporting, and transfer of 
excess personal property among Federal agencies.



Sec.  102-35.25  What management reports must we provide?

    (a) There are three reports that must be provided. The report 
summarizing the property provided to non-Federal recipients and the 
report summarizing exchange/sale transactions (see Sec. Sec.  102-36.295 
and 102-39.75 respectively of this subchapter B) must be provided every 
year (negative reports are required). In addition, if you conduct 
negotiated sales of surplus personal property valued over $5,000 in any 
year, you must report this transaction in accordance with Sec.  102-
38.115 (negative reports are not required for this report).
    (b) The General Services Administration (GSA) may request other 
reports as authorized by 40 U.S.C. 506(a)(1)(A).



Sec.  102-35.30  What actions must I take or am I authorized to take
regardless of the property disposition method?

    Regardless of the disposition method used:
    (a) You must maintain property in a safe, secure, and cost-effective 
manner until final disposition.
    (b) You have authority to use the abandonment/ destruction 
provisions at any stage of the disposal process (see Sec. Sec.  102-
36.305 through 102-36.330 and Sec.  102-38.70 of this subchapter B).
    (c) You must implement policies and procedures to remove sensitive 
or classified information from property prior to disposal. Agency-
affixed markings should be removed, if at all possible, prior to 
personal property permanently leaving your agency's control.
    (d) Government-owned personal property may only be used as 
authorized by your agency. Title to Government-owned personal property 
cannot be transferred to a non-Federal entity unless through official 
procedures specifically authorized by law.



PART 102	36_DISPOSITION OF EXCESS PERSONAL PROPERTY-
-Table of Contents



                      Subpart A_General Provisions

Sec.
102-36.5 What is the governing authority for this part?
102-36.10 What does this part cover?
102-36.15 Who must comply with the provisions of this part?
102-36.20 To whom do ``we'', ``you'', and their variants refer?
102-36.25 How do we request a deviation from these requirements and who 
          can approve it?
102-36.30 When is personal property excess?
102-36.35 What is the typical process for disposing of excess personal 
          property?

[[Page 87]]

                               Definitions

102-36.40 What definitions apply to this part?

                             Responsibility

102-36.45 What are our responsibilities in the management of excess 
          personal property?
102-36.50 May we use a contractor to perform the functions of excess 
          personal property disposal?
102-36.55 What is GSA's role in the disposition of excess personal 
          property?

       Subpart B_Acquiring Excess Personal Property For Our Agency

                            Acquiring Excess

102-36.60 Who is eligible to acquire excess personal property as 
          authorized by the Property Act?
102-36.65 Why must we use excess personal property instead of buying new 
          property?
102-36.70 What must we consider when acquiring excess personal property?
102-36.75 Do we pay for excess personal property we acquire from another 
          federal agency under a transfer?
102-36.80 How much do we pay for excess personal property on a transfer 
          with reimbursement?
102-36.85 Do we pay for personal property we acquire when it is disposed 
          of by another agency under the exchange/sale authority, and 
          how much do we pay?

                           Screening of Excess

102-36.90 How do we find out what personal property is available as 
          excess?
102-36.95 How long is excess personal property available for screening?
102-36.100 When does the screening period start for excess personal 
          property?
102-36.105 Who is authorized to screen and where do we go to screen 
          excess personal property on-site?
102-36.110 Do we need authorization to screen excess personal property?
102-36.115 What information must we include in the authorization form 
          for non-federal persons to screen excess personal property?
102-36.120 What are our responsibilities in authorizing a non-federal 
          individual to screen excess personal property?

                          Processing Transfers

102-36.125 How do we process a Standard Form 122 (SF 122), Transfer 
          Order Excess Personal Property, through GSA?
102-36.130 What are our responsibilities in processing transfer orders 
          of excess personal property?
102-36.135 How much time do we have to pick up excess personal property 
          that has been approved for transfer?
102-36.140 May we arrange to have the excess personal property shipped 
          to its final destination?

                            Direct Transfers

102-36.145 May we obtain excess personal property directly from another 
          federal agency without GSA approval?

 Subpart C_Acquiring Excess Personal Property for Non-federal Recipients

102-36.150 For which non-federal activities may we acquire excess 
          personal property?
102-36.155 What are our responsibilities when acquiring excess personal 
          property for use by a non-federal recipient?
102-36.160 What additional information must we provide on the SF 122 
          when acquiring excess personal property for non-federal 
          recipients?

                    Non-appropriated Fund Activities

102-36.165 Do we retain title to excess personal property furnished to a 
          non-appropriated fund activity within our agency?
102-36.170 May we transfer personal property owned by one of our non-
          appropriated fund activities?

                               Contractors

102-36.175 Are there restrictions to acquiring excess personal property 
          for use by our contractors?

                              Cooperatives

102-36.180 Is there any limitation/condition to acquiring excess 
          personal property for use by cooperatives?

                            Project Grantees

102-36.185 What are the requirements for acquiring excess personal 
          property for use by our grantees?
102-36.190 Must we always pay 25 percent of the original acquisition 
          cost when furnishing excess personal property to project 
          grantees?
102-36.195 What type of excess personal property may we furnish to our 
          project grantees?
102-36.200 May we acquire excess personal property for cannibalization 
          purposes by the grantee?
102-36.205 Is there a limit to how much excess personal property we may 
          furnish to our grantees?

[[Page 88]]

            Subpart D_Disposition of Excess Personal Property

102-36.210 Why must we report excess personal property to GSA?

                   Reporting Excess Personal Property

102-36.215 How do we report excess personal property?
102-36.220 Must we report all excess personal property to GSA?
102-36.225 Must we report excess related personal property?
102-36.230 Where do we send the reports of excess personal property?
102-36.235 What information do we provide when reporting excess personal 
          property?
102-36.240 What are the disposal condition codes?

                  Disposing of Excess Personal Property

102-36.245 Are we accountable for the personal property that has been 
          reported excess, and who is responsible for the care and 
          handling costs?
102-36.250 Does GSA ever take physical custody of excess personal 
          property?
102-36.255 What options do we have when unusual circumstances do not 
          allow adequate time for disposal through GSA?
102-36.260 How do we promote the expeditious transfer of excess personal 
          property?
102-36.265 What if there are competing requests for the same excess 
          personal property?
102-36.270 What if a federal agency requests personal property that is 
          undergoing donation screening or in the sales process?
102-36.275 May we dispose of excess personal property without GSA 
          approval?
102-36.280 May we withdraw from the disposal process excess personal 
          property that we have reported to GSA?

                      Transfers With Reimbursement

102-36.285 May we charge for personal property transferred to another 
          federal agency?
102-36.290 How much do we charge for excess personal property on a 
          transfer with reimbursement?

                       Report of Disposal Activity

102-36.295 Is there any reporting requirement on the disposition of 
          excess personal property?
102-36.300 How do we report the furnishing of personal property to non-
          federal recipients?

                         Abandonment/Destruction

102-36.305 May we abandon or destroy excess personal property without 
          reporting it to GSA?
102-36.310 Who makes the determination to abandon or destroy excess 
          personal property?
102-36.315 Are there any restrictions to the use of the abandonment/
          destruction authority?
102-36.320 May we transfer or donate excess personal property that has 
          been determined appropriate for abandonment/destruction 
          without GSA approval?
102-36.325 What must be done before the abandonment/destruction of 
          excess personal property?
102-36.330 Are there occasions when public notice is not needed 
          regarding abandonment/destruction of excess personal property?

  Subpart E_Personal Property Whose Disposal Requires Special Handling

102-36.335 Are there certain types of excess personal property that must 
          be disposed of differently from normal disposal procedures?

                       Aircraft and Aircraft Parts

102-36.340 What must we do when disposing of excess aircraft?
102-36.345 May we dispose of excess Flight Safety Critical Aircraft 
          Parts (FSCAP)?
102-36.350 How do we identify a FSCAP?
102-36.355 What are the FSCAP Criticality Codes?
102-36.360 How do we dispose of aircraft parts that are life-limited but 
          have no FSCAP designation?

                        Canines, Law Enforcement

102-36.365 May we transfer or donate canines that have been used in the 
          performance of law enforcement duties?

                        Disaster Relief Property

102-36.370 Are there special requirements concerning the use of excess 
          personal property for disaster relief?

                                Firearms

102-36.375 May we dispose of excess firearms?

                    Foreign Excess Personal Property

102-36.380 Who is responsible for disposing of foreign excess personal 
          property?
102-36.385 What are our responsibilities in the disposal of foreign 
          excess personal property?
102-36.390 How may we dispose of foreign excess personal property?
102-36.395 How may GSA assist us in disposing of foreign excess personal 
          property?
102-36.400 Who pays for the transportation costs when foreign excess 
          personal property is returned to the United States?

[[Page 89]]

                                  Gifts

102-36.405 May we keep gifts given to us from the public?
102-36.410 How do we dispose of a gift in the form of money or 
          intangible personal property?
102-36.415 How do we dispose of gifts other than intangible personal 
          property?
102-36.420 How do we dispose of gifts from foreign governments or 
          entities?

                       Hazardous Personal Property

102-36.425 May we dispose of excess hazardous personal property?

      Munitions List Items/Commerce Control List Items (MLIs/CCLIs)

102-36.430 May we dispose of excess Munitions List Items (MLIs)/Commerce 
          Control List Items (CCLIs)?
102-36.435 How do we identify Munitions List Items (MLIs)/Commerce 
          Control List Items (CCLIs) requiring demilitarization?

                     Printing Equipment and Supplies

102-36.440 Are there special procedures for reporting excess printing 
          and binding equipment and supplies?

                           Red Cross Property

102-36.445 Do we report excess personal property originally acquired 
          from or through the American National Red Cross?

                            Shelf-Life Items

102-36.450 Do we report excess shelf-life items?
102-36.455 How do we report excess shelf-life items?
102-36.460 Do we report excess medical shelf-life items held for 
          national emergency purposes?
102-36.465 May we transfer or exchange excess medical shelf-life items 
          with other Federal agencies?

                                 Vessels

102-36.470 What must we do when disposing of excess vessels?

                   Subpart F_Miscellaneous Disposition

102-36.475 What is the authority for transfers under ``Computers for 
          Learning''?

    Authority: 40 U.S.C. 121(c).

    Source: 65 FR 31218, May 16, 2000, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-36.5  What is the governing authority for this part?

    Section 121(c) of title 40, United States Code, authorizes the 
Administrator of General Services to prescribe regulations as he deems 
necessary to carry out his functions under subtitle I of title 40. 
Section 521 of title 40 authorizes the General Services Administration 
(GSA) to prescribe policies to promote the maximum use of excess 
Government personal property by executive agencies.

[71 FR 53571, Sept. 12, 2006]



Sec.  102-36.10  What does this part cover?

    This part covers the acquisition, transfer, and disposal, by 
executive agencies, of excess personal property located in the United 
States, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the 
Federated States of Micronesia, the Marshall Islands, Palau, and the 
Northern Mariana Islands.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53571, Sept. 12, 2006]



Sec.  102-36.15  Who must comply with the provisions of this part?

    All executive agencies must comply with the provisions of this part. 
The legislative and judicial branches are encouraged to report and 
transfer excess personal property and fill their personal property 
requirements from excess in accordance with these provisions.



Sec.  102-36.20  To whom do ``we'', ``you'', and their variants refer?

    Use of pronouns ``we'', ``you'', and their variants throughout this 
part refer to the agency.



Sec.  102-36.25  How do we request a deviation from these requirements
and who can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to request 
a deviation from the requirements of this part.



Sec.  102-36.30  When is personal property excess?

    Personal property is excess when it is no longer needed by the 
activities

[[Page 90]]

within your agency to carry out the functions of official programs, as 
determined by the agency head or designee.



Sec.  102-36.35  What is the typical process for disposing of excess
personal property?

    (a) You must ensure personal property not needed by your activity is 
offered for use elsewhere within your agency. If the property is no 
longer needed by any activity within your agency, your agency declares 
the property excess and reports it to GSA for possible transfer to 
eligible recipients, including federal agencies for direct use or for 
use by their contractors, project grantees, or cooperative agreement 
recipients. All executive agencies must, to the maximum extent 
practicable, fill requirements for personal property by using existing 
agency property or by obtaining excess property from other federal 
agencies in lieu of new procurements.
    (b) If GSA determines that there are no federal requirements for 
your excess personal property, it becomes surplus property and is 
available for donation to state and local public agencies and other 
eligible non-federal activities. Title 40 of the United States Code 
requires that surplus personal property be distributed to eligible 
recipients by an agency established by each State for this purpose, the 
State Agency for Surplus Property.
    (c) Surplus personal property not selected for donation is offered 
for sale to the public by competitive offerings such as sealed bid 
sales, spot bid sales, or auctions. You may conduct or contract for the 
sale of your surplus personal property, or have GSA or another executive 
agency conduct the sale on behalf of your agency in accordance with part 
102-38 of this chapter. You must inform GSA at the time the property is 
reported as excess if you do not want GSA to conduct the sale for you.
    (d) If a written determination is made that the property has no 
commercial value or the estimated cost of its continued care and 
handling would exceed the estimated proceeds from its sale, you may 
dispose of the property by abandonment or destruction, or donate it to 
public bodies.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53571, Sept. 12, 2006]

                               Definitions



Sec.  102-36.40  What definitions apply to this part?

    The following definitions apply to this part:
    Commerce Control List Items (CCLIs) are dual use (commercial/
military) items that are subject to export control by the Bureau of 
Export Administration, Department of Commerce. These items have been 
identified in the U.S. Export Administration Regulations (15 CFR part 
774) as export controlled for reasons of national security, crime 
control, technology transfer, and scarcity of materials.
    Cooperative means the organization or entity that has a cooperative 
agreement with a federal agency.
    Cooperative agreement means a legal instrument reflecting a 
relationship between a federal agency and a non-federal recipient, made 
in accordance with the Federal Grant and Cooperative Agreement Act of 
1977 (31 U.S.C. 6301-6308), under any or all of the following 
circumstances:
    (1) The purpose of the relationship is the transfer, between a 
federal agency and a non-federal entity, of money, property, services, 
or anything of value to accomplish a public purpose authorized by law, 
rather than by purchase, lease, or barter, for the direct benefit or use 
of the federal government.
    (2) Substantial involvement is anticipated between the federal 
agency and the cooperative during the performance of the agreed upon 
activity.
    (3) The cooperative is a state or local government entity or any 
person or organization authorized to receive federal assistance or 
procurement contracts.
    Demilitarization means, as defined by the Department of Defense, the 
act of destroying the military capabilities inherent in certain types of 
equipment or material. Such destruction may include deep sea dumping, 
mutilation, cutting, crushing, scrapping, melting, burning, or 
alteration so as to prevent

[[Page 91]]

the further use of the item for its originally intended purpose.
    Excess personal property means any personal property under the 
control of any federal agency that is no longer required for that 
agency's needs, as determined by the agency head or designee.
    Exchange/sale property is property not excess to the needs of the 
holding agency but eligible for replacement, which is exchanged or sold 
under the provisions of part 102-39 of this chapter in order to apply 
the exchange allowance or proceeds of sale in whole or part payment for 
replacement with a similar item.
    Executive agency means any executive department or independent 
establishment in the executive branch of the Government, including any 
wholly owned government corporation.
    Fair market value means the best estimate of the gross sales 
proceeds if the property were to be sold in a public sale.
    Federal agency means any executive agency or any establishment in 
the legislative or judicial branch of the government (except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his/her direction).
    Flight Safety Critical Aircraft Part (FSCAP) is any aircraft part, 
assembly, or installation containing a critical characteristic whose 
failure, malfunction, or absence could cause a catastrophic failure 
resulting in engine shut-down or loss or serious damage to the aircraft 
resulting in an unsafe condition.
    Foreign excess personal property is any U.S. owned excess personal 
property located outside the United States (U.S.), the U.S. Virgin 
Islands, American Samoa, Guam, Puerto Rico, the Federated States of 
Micronesia, the Marshall Islands, Palau, and the Northern Mariana 
Islands.
    Grant means a type of assistance award and a legal instrument which 
permits a federal agency to transfer money, property, services or other 
things of value to a grantee when no substantial involvement is 
anticipated between the agency and the recipient during the performance 
of the contemplated activity.
    GSAXcess [supreg] is GSA's website for reporting, searching and 
selecting excess personal property. For information on using GSAXcess 
[supreg], access http://www.gsaxcess.gov.
    Hazardous personal property means property that is deemed a 
hazardous material, chemical substance or mixture, or hazardous waste 
under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C. 
5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 
6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-
2609).
    Holding agency means the federal agency having accountability for, 
and generally possession of, the property involved.
    Intangible personal property means personal property in which the 
existence and value of the property is generally represented by a 
descriptive document rather than the property itself. Some examples are 
patents, patent rights, processes, techniques, inventions, copyrights, 
negotiable instruments, money orders, bonds, and shares of stock.
    Life-limited aircraft part is an aircraft part that has a finite 
service life expressed in either total operating hours, total cycles, 
and/or calendar time.
    Line item means a single line entry, on a reporting form or transfer 
order, for items of property of the same type having the same 
description, condition code, and unit cost.
    Munitions List Items (MLIs) are commodities (usually defense 
articles/defense services) listed in the International Traffic in Arms 
Regulation (22 CFR part 121), published by the U.S. Department of State.
    Nonappropriated fund activity means an activity or entity that is 
not funded by money appropriated from the general fund of the U.S. 
Treasury, such as post exchanges, ship stores, military officers' clubs, 
veterans' canteens, and similar activities. Such property is not federal 
property.
    Personal property means any property, except real property. For 
purposes of this part, the term excludes records of the federal 
government, and naval vessels of the following categories: battleships, 
cruisers, aircraft carriers, destroyers, and submarines.

[[Page 92]]

    Project grant means a grant made for a specific purpose and with a 
specific termination date.
    Public agency means any State, political subdivision thereof, 
including any unit of local government or economic development district; 
any department, agency, or instrumentality thereof, including 
instrumentalities created by compact or other agreement between States 
or political subdivisions; multijurisdictional substate districts 
established by or pursuant to State law; or any Indian tribe, band, 
group, pueblo, or community located on a State reservation.
    Related personal property means any personal property that is an 
integral part of real property. It is:
    (1) Related to, designed for, or specifically adapted to the 
functional capacity of the real property and removal of this personal 
property would significantly diminish the economic value of the real 
property; or
    (2) Determined by the Administrator of General Services to be 
related to the real property.
    Salvage means property that has value greater than its basic 
material content but for which repair or rehabilitation is clearly 
impractical and/or uneconomical.
    Scrap means property that has no value except for its basic material 
content.
    Screening period means the period in which excess and surplus 
personal property are made available for excess transfer or surplus 
donation to eligible recipients.
    Shelf-life item is any item that deteriorates over time or has 
unstable characteristics such that a storage period must be assigned to 
assure the item is issued within that period to provide satisfactory 
performance. Management of such items is governed by part 101-27, 
subpart 27.2, of this title and by DOD instructions, for executive 
agencies and DOD respectively.
    Surplus personal property (surplus) means excess personal property 
no longer required by the Federal agencies as determined by GSA.
    Surplus release date means the date when federal screening has been 
completed and the excess property becomes surplus.
    Transfer with reimbursement means a transfer of excess personal 
property between Federal agencies where the recipient is required to 
pay, i.e. reimburse the holding agency, for the property.
    Unit cost means the original acquisition cost of a single item of 
property.
    United States means all the 50 States and the District of Columbia.
    Vessels means ships, boats and craft designed for navigation in and 
on the water, propelled by oars or paddles, sail, or power.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53571, Sept. 12, 2006]

                             Responsibility



Sec.  102-36.45  What are our responsibilities in the management of
excess personal property?

    (a) Agency procurement policies should require consideration of 
excess personal property before authorizing procurement of new personal 
property.
    (b) You are encouraged to designate national and regional property 
management officials to:
    (1) Promote the use of available excess personal property to the 
maximum extent practicable by your agency.
    (2) Review and approve the acquisition and disposal of excess 
personal property.
    (3) Ensure that any agency implementing procedures comply with this 
part.
    (c) When acquiring excess personal property, you must:
    (1) Limit the quantity acquired to that which is needed to 
adequately perform the function necessary to support the mission of your 
agency.
    (2) Establish controls over the processing of excess personal 
property transfer orders.
    (3) Facilitate the timely pickup of acquired excess personal 
property from the holding agency.
    (d) While excess personal property you have acquired is in your 
custody, or the custody of your non-Federal recipients and the 
government retains title, you and/or the non-Federal recipient must do 
the following:
    (1) Establish and maintain a system for property accountability.

[[Page 93]]

    (2) Protect the property against hazards including but not limited 
to fire, theft, vandalism, and weather.
    (3) Perform the care and handling of personal property. ``Care and 
handling'' includes completing, repairing, converting, rehabilitating, 
operating, preserving, protecting, insuring, packing, storing, handling, 
conserving, and transporting excess and surplus personal property, and 
destroying or rendering innocuous property which is dangerous to public 
health or safety.
    (4) Maintain appropriate inventory levels as set forth in part 101-
27 of this title.
    (5) Continuously monitor the personal property under your control to 
assure maximum use, and develop and maintain a system to prevent and 
detect nonuse, improper use, unauthorized disposal, or destruction of 
personal property.
    (e) When you no longer need personal property to carry out the 
mission of your program, you must:
    (1) Offer the property for reassignment to other activities within 
your agency.
    (2) Promptly report excess personal property to GSA when it is no 
longer needed by any activity within your agency for further reuse by 
eligible recipients.
    (3) Continue the care and handling of excess personal property while 
it goes through the disposal process.
    (4) Facilitate the timely transfer of excess personal property to 
other federal agencies or authorized eligible recipients.
    (5) Provide reasonable access to authorized personnel for inspection 
and removal of excess personal property.
    (6) Ensure that final disposition complies with applicable 
environmental, health, safety, and national security regulations.



Sec.  102-36.50  May we use a contractor to perform the functions of
excess personal property disposal?

    Yes, you may use service contracts to perform disposal functions 
that are not inherently governmental, such as warehousing or custodial 
duties. You are responsible for ensuring that the contractor conforms 
with the requirements of Title 40 of the United States Code and the 
Federal Management Regulation (41 CFR chapter 102), and any other 
applicable statutes and regulations when performing these functions.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53571, Sept. 12, 2006]



Sec.  102-36.55  What is GSA's role in the disposition of excess personal 
property?

    In addition to developing and issuing regulations for the management 
of excess personal property, GSA:
    (a) Screens and offers available excess personal property to Federal 
agencies and eligible non-federal recipients.
    (b) Approves and processes transfers of excess personal property to 
eligible activities.
    (c) Determines the amount of reimbursement for transfers of excess 
personal property when appropriate.
    (d) Conducts sales of surplus and exchange/sale personal property 
when requested by an agency.
    (e) Maintains an automated system, GSAXcess [supreg], to facilitate 
the reporting and transferring of excess personal property.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53571, Sept. 12, 2006]



       Subpart B_Acquiring Excess Personal Property For Our Agency

                            Acquiring Excess



Sec.  102-36.60  Who is eligible to acquire excess personal property
as authorized by the Property Act?

    The following are eligible to acquire excess personal property:
    (a) Federal agencies (for their own use or use by their authorized 
contractors, cooperatives, and project grantees).
    (b) The Senate.
    (c) The House of Representatives.
    (d) The Architect of the Capitol and any activities under his 
direction.
    (e) The DC Government.
    (f) Mixed-ownership government corporations as defined in 31 U.S.C. 
9101.

[[Page 94]]



Sec.  102-36.65  Why must we use excess personal property instead of
buying new property?

    Using excess personal property to the maximum extent practicable 
maximizes the return on government dollars spent and minimizes 
expenditures for new procurement. Before purchasing new property, check 
with the appropriate regional GSA Personal Property Management office or 
access GSAXcess [supreg] for any available excess personal property that 
may be suitable for your needs. You must use excess personal property 
unless it would cause serious hardship, be impractical, or impair your 
operations.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.70  What must we consider when acquiring excess personal
property?

    Consider the following when acquiring excess personal property:
    (a) There must be an authorized requirement.
    (b) The cost of acquiring and maintaining the excess personal 
property (including packing, shipping, pickup, and necessary repairs) 
does not exceed the cost of purchasing and maintaining new material.
    (c) The sources of spare parts or repair/maintenance services to 
support the acquired item are readily accessible.
    (d) The supply of excess parts acquired must not exceed the life 
expectancy of the equipment supported.
    (e) The excess personal property will fulfill the required need with 
reasonable certainty without sacrificing mission or schedule.
    (f) You must not acquire excess personal property with the intent to 
sell or trade for other assets.



Sec.  102-36.75  Do we pay for excess personal property we acquire from
another federal agency under a transfer?

    (a) No, except for the situations listed in paragraph (b) of this 
section, you do not pay for the property. However, you are responsible 
for shipping and transportation costs. Where applicable, you may also be 
required to pay packing, loading, and any costs directly related to the 
dismantling of the property when required for the purpose of 
transporting the property.
    (b) You may be required to reimburse the holding agency for excess 
personal property transferred to you (i.e., transfer with reimbursement) 
when:
    (1) Reimbursement is directed by GSA.
    (2) The property was originally acquired with funds not appropriated 
from the general fund of the Treasury or appropriated therefrom but by 
law reimbursable from assessment, tax, or other revenue and the holding 
agency requests reimbursement. It is executive branch policy that 
working capital fund property shall be transferred without 
reimbursement.
    (3) The property was acquired with appropriated funds, but 
reimbursement is required or authorized by law.
    (4) You or the holding agency is the U.S. Postal Service (USPS).
    (5) You are acquiring excess personal property for use by a project 
grantee that is a public agency or a nonprofit organization and exempt 
from taxation under 26 U.S.C. 501.
    (6) You or the holding agency is the DC Government.
    (7) You or the holding agency is a wholly owned or mixed-ownership 
government corporation as defined in the Government Corporation Control 
Act (31 U.S.C. 9101-9110).



Sec.  102-36.80  How much do we pay for excess personal property on a
transfer with reimbursement?

    (a) You may be required to reimburse the holding agency the fair 
market value when the transfer involves any of the conditions in Sec.  
102-36.75(b)(1) through (b)(4).
    (b) When acquiring excess personal property for your project 
grantees (Sec.  102-36.75(b)(5)), you are required to deposit into the 
miscellaneous receipts fund of the U.S. Treasury an amount equal to 25 
percent of the original acquisition cost of the property, except for 
transfers under the conditions cited in Sec.  102-36.190.
    (c) When you or the holding agency is the DC Government or a wholly 
owned or mixed-ownership Government corporation (Sec.  102-36.75(b)(6) 
or (b)(7)), you are required to reimburse the holding

[[Page 95]]

agency using fair value reimbursement. Fair value reimbursement is 20 
percent of the original acquisition cost for new or unused property 
(i.e., condition code 1), and zero percent for other personal property. 
Where circumstances warrant, a higher fair value may be used if the 
agencies concerned agree. Due to special circumstances or the unusual 
nature of the property, the holding agency may use other criteria for 
establishing fair value if approved or directed by GSA. You must refer 
any disagreements to the appropriate regional GSA Personal Property 
Management office.



Sec.  102-36.85  Do we pay for personal property we acquire when it
is disposed of by another agency under the exchange/sale authority,
and how much do we pay? Yes, you must pay for personal property disposed
of under the exchange/sale authority, in the amount required by the 
holding agency. The amount of reimbursement is normally the fair market
value.

                           Screening of Excess



Sec.  102-36.90  How do we find out what personal property is available
as excess?

    You may use the following methods to find out what excess personal 
property is available:
    (a) Check GSAXcess [supreg], GSA's website for searching and 
selecting excess personal property. For information on GSAXcess 
[supreg], access http://www.gsaxcess.gov.
    (b) Contact or submit want lists to regional GSA Personal Property 
Management offices.
    (c) Check any available holding agency websites.
    (d) Conduct on-site screening at various federal facilities.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.95  How long is excess personal property available for
screening?

    The screening period for excess personal property is normally 21 
calendar days. GSA may extend or shorten the screening period in 
coordination with the holding agency. For screening timeframes for 
government property in the possession of contractors see the Federal 
Acquisition Regulation (48 CFR part 45).



Sec.  102-36.100  When does the screening period start for excess
personal property?

    Screening starts when GSA receives the report of excess personal 
property (see Sec.  102-36.230).



Sec.  102-36.105  Who is authorized to screen and where do we go to
screen excess personal property on-site?

    You may authorize your agency employees, contractors, or non-federal 
recipients that you sponsor to screen excess personal property. You may 
visit Defense Reutilization and Marketing Offices (DRMOs) and DOD 
contractor facilities to screen excess personal property generated by 
the Department of Defense. You may also inspect excess personal property 
at various civilian agency facilities throughout the United States.



Sec.  102-36.110  Do we need authorization to screen excess personal
property?

    (a) Yes, when entering a federal facility, federal agency employees 
must present a valid Federal ID. Non-federal individuals will need proof 
of authorization from their sponsoring federal agency in addition to a 
valid picture identification.
    (b) Entry on some federal and contractor facilities may require 
special authorization from that facility. Persons wishing to screen 
excess personal property on such a facility must obtain approval from 
that agency. Contact your regional GSA Personal Property Management 
office for locations and accessibility.



Sec.  102-36.115  What information must we include in the authorization
form for non-federal persons to screen excess personal property?

    (a) For non-federal persons to screen excess personal property, you 
must provide on the authorization form:
    (1) The individual's name and the organization he/she represents;
    (2) The period of time and location(s) in which screening will be 
conducted; and

[[Page 96]]

    (3) The number and completion date of the applicable contract, 
cooperative agreement, or grant.
    (b) An authorized official of your agency must sign the 
authorization form.



Sec.  102-36.120  What are our responsibilities in authorizing a
non-federal individual to screen excess personal property?

    You must do the following:
    (a) Ensure that the non-federal screener certifies that any and all 
property requested will be used for authorized official purpose(s).
    (b) Maintain a record of the authorized screeners under your 
authority, to include names, addresses and telephone numbers, and any 
additional identifying information such as driver's license or social 
security numbers.
    (c) Retrieve any expired or invalid screener's authorization forms.

                          Processing Transfers



Sec.  102-36.125  How do we process a Standard Form 122 (SF 122), 
Transfer Order Excess Personal Property, through GSA?

    (a) You must first contact the appropriate regional GSA Personal 
Property Management office to assure the property is available to you. 
Submit your request on a SF 122, Transfer Order Excess Personal 
Property, to the region in which the property is located. For the types 
of property listed in the table in paragraph (b) of this section, submit 
the SF 122 to the corresponding GSA regions. You may submit the SF 122 
manually or transmit the required information by electronic media 
(GSAXcess [supreg]) or any other transfer form specified and approved by 
GSA.
    (b) For the following types of property, you must submit the SF 122 
to the corresponding GSA regions:

------------------------------------------------------------------------
         Type of property             GSA region          Location
------------------------------------------------------------------------
Aircraft.........................  9 FBP            San Francisco, CA
                                                     94102.
Firearms.........................  7 FP-8           Denver, CO 80225.
Foreign Gifts....................  FBP              Washington, DC
                                                     20406.
Forfeited Property...............  3 FP             Washington, DC
                                                     20407.
Standard Forms...................  7 FMP            Ft. Worth, TX 76102.
Vessels, civilian................  4 FD             Atlanta, GA 30365.
Vessels, DOD.....................  3 FPD            Philadelphia, PA
                                                     19107.
------------------------------------------------------------------------


[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000, as amended at 71 
FR 53572, Sept. 12, 2006]



Sec.  102-36.130  What are our responsibilities in processing transfer
orders of excess personal property?

    Whether the excess is for your use or for use by a non-federal 
recipient that you sponsor, you must:
    (a) Ensure that only authorized federal officials of your agency 
sign the SF 122 prior to submission to GSA for approval.
    (b) Ensure that excess personal property approved for transfer is 
used for authorized official purpose(s).
    (c) Advise GSA of names of agency officials that are authorized to 
approve SF 122s, and notify GSA of any changes in signatory authority.



Sec.  102-36.135  How much time do we have to pick up excess personal
property that has been approved for transfer?

    Normally, you have 15 calendar days from the date of GSA allocation 
to pick up the excess personal property for transfer, and you are 
responsible for scheduling and coordinating the property removal with 
the holding agency. If additional removal time is required, you are 
responsible for requesting such additional removal time.

[74 FR 41060, Aug. 14, 2009]



Sec.  102-36.140  May we arrange to have the excess personal property
shipped to its final destination?

    Yes, when the holding agency agrees to provide assistance in 
preparing the property for shipping. You may be required to pay the 
holding agency any direct costs in preparing the property for shipment. 
You must provide shipping instructions and the appropriate fund code for 
billing purposes on the SF 122.

                            Direct Transfers



Sec.  102-36.145  May we obtain excess personal property directly from
another Federal agency without GSA approval?

    Yes, but only under the following situations:

[[Page 97]]

    (a) You may obtain excess personal property that has not yet been 
reported to GSA, provided the total acquisition cost of the excess 
property does not exceed $10,000 per line item. You must ensure that a 
SF 122 is completed for the direct transfer and that an authorized 
official of your agency signs the SF 122. You must provide a copy of the 
SF 122 to the appropriate regional GSA office within 10 workdays from 
the date of the transaction.
    (b) You may obtain excess personal property exceeding the $10,000 
per line item limitation, provided you first contact the appropriate 
regional GSA Personal Property Management office for verbal approval of 
a prearranged transfer. You must annotate the SF 122 with the name of 
the GSA approving official and the date of the verbal approval, and 
provide a copy of the SF 122 to GSA within 10 workdays from the date of 
transaction.
    (c) You are subject to the requirement to pay reimbursement for the 
excess personal property under a direct transfer when any of the 
conditions in Sec.  102-36.75(b) applies.
    (d) You may obtain excess personal property directly from another 
federal agency without GSA approval when that federal agency has 
statutory authority to dispose of such excess personal property and you 
are an eligible recipient.



 Subpart C_Acquiring Excess Personal Property for Non-Federal Recipients



Sec.  102-36.150  For which non-federal activities may we acquire excess 
personal property?

    Under the Property Act you may acquire and furnish excess personal 
property for use by your non-appropriated fund activities, contractors, 
cooperatives, and project grantees. You may acquire and furnish excess 
personal property for use by other eligible recipients only when you 
have specific statutory authority to do so.



Sec.  102-36.155  What are our responsibilities when acquiring excess
personal property for use by a non-federal recipient?

    When acquiring excess personal property for use by a non-federal 
recipient, your authorized agency official must:
    (a) Ensure the use of excess personal property by the non-federal 
recipient is authorized and complies with applicable federal regulations 
and agency guidelines.
    (b) Determine that the use of excess personal property will reduce 
the costs to the government and/or that it is in the government's best 
interest to furnish excess personal property.
    (c) Review and approve transfer documents for excess personal 
property as the sponsoring Federal agency.
    (d) Ensure the non-federal recipient is aware of his obligations 
under the FMR and your agency regulations regarding the management of 
excess personal property.
    (e) Ensure the non-federal recipient does not stockpile the property 
but places the property into use within a reasonable period of time, and 
has a system to prevent nonuse, improper use, or unauthorized disposal 
or destruction of excess personal property furnished.
    (f) Establish provisions and procedures for property accountability 
and disposition in situations when the government retains title.
    (g) Report annually to GSA excess personal property furnished to 
non-federal recipients during the year (see Sec.  102-36.295).



Sec.  102-36.160  What additional information must we provide on the
SF 122 when acquiring excess personal property for non-federal recipients?

    Annotate on the SF 122, the name of the non-federal recipient and 
the contract, grant or agreement number, when applicable, and the 
scheduled completion/expiration date of the contract, grant or 
agreement. If the remaining time prior to the expiration date is less 
than 60 calendar days, you must certify that the contract, grant or 
agreement will be extended or renewed or provide other written 
justification for the transfer.

[[Page 98]]

                    Non-appropriated Fund Activities



Sec.  102-36.165  Do we retain title to excess personal property furnished
to a non-appropriated fund activity within our agency?

    Yes, title to excess personal property furnished to a non-
appropriated fund activity remains with the Federal Government and you 
are accountable for establishing controls over the use of such excess 
property in accordance with Sec.  102-36.45(d). When such property is no 
longer required by the non-appropriated fund activity, you must reuse or 
dispose of the property in accordance with this part.



Sec.  102-36.170  May we transfer personal property owned by one of our
non-appropriated fund activities?

    Property purchased by a non-appropriated fund activity is not 
federal property. A non-appropriated fund activity has the option of 
making its privately owned personal property available for transfer to a 
federal agency, usually with reimbursement. If such reimbursable 
personal property is not transferred to another federal agency, it may 
be offered for sale. Such property is not available for donation.

[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]

                               Contractors



Sec.  102-36.175  Are there restrictions to acquiring excess personal
property for use by our contractors?

    Yes, you may acquire and furnish excess personal property for use by 
your contractors subject to the criteria and restrictions in the Federal 
Acquisition Regulation (48 CFR part 45). When such property is no longer 
needed by your contractors or your agency, you must dispose of the 
excess personal property in accordance with the provisions of this part.

                              Cooperatives



Sec.  102-36.180  Is there any limitation/condition to acquiring excess
personal property for use by cooperatives?

    Yes, you must limit the total dollar amount of property transfers 
(in terms of original acquisition cost) to the dollar value of the 
cooperative agreement. For any transfers in excess of such amount, you 
must ensure that an official of your agency at a level higher than the 
officer administering the agreement approves the transfer. The federal 
government retains title to such property, except when provided by 
specific statutory authority.

                            Project Grantees



Sec.  102-36.185  What are the requirements for acquiring excess personal
property for use by our grantees?

    You may furnish excess personal property for use by your grantees 
only when:
    (a) The grantee holds a federally sponsored project grant;
    (b) The grantee is a public agency or a nonprofit tax-exempt 
organization under section 501 of the Internal Revenue Code of 1986 (26 
U.S.C. 501);
    (c) The property is for use in connection with the grant; and
    (d) You pay 25 percent of the original acquisition cost of the 
excess personal property, such funds to be deposited into the 
miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying 
this 25 percent are provided in Sec.  102-36.190. Title to property 
vests in the grantee when your agency pays 25 percent of the original 
acquisition cost.



Sec.  102-36.190  Must we always pay 25 percent of the original acquisition
cost when furnishing excess personal property to project grantees?

    No, you may acquire excess personal property for use by a project 
grantee without paying the 25 percent fee when any of the following 
conditions apply:
    (a) The personal property was originally acquired from excess 
sources by your agency and has been placed into official use by your 
agency for at least one year. The federal government retains title to 
such property.
    (b) The property is furnished under section 203 of the Department of 
Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest 
Service in connection with cooperative state forest fire control 
programs. The federal government retains title to such property.
    (c) The property is furnished by the U.S. Department of Agriculture 
to

[[Page 99]]

state or county extension services or agricultural research cooperatives 
under 40 U.S.C. 483(d)(2)(E). The federal government retains title to 
such property.
    (d) The property is not needed for donation under part 102-37 of 
this chapter, and is transferred under section 608 of the Foreign 
Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such 
property transfers to the grantee. (You need not wait until after the 
donation screening period when furnishing excess personal property to 
recipients under the Agency for International Development (AID) 
Development Loan Program.)
    (e) The property is scientific equipment transferred under section 
11(e) of the National Science Foundation (NSF) Act of 1950, as amended 
(42 U.S.C. 1870(e)). GSA will limit such transfers to property within 
Federal Supply Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 
66, 67, 68 and 70. GSA may approve transfers without reimbursement for 
property under other FSC groups when NSF certifies the item is a 
component of or related to a piece of scientific equipment or is a 
difficult-to-acquire item needed for scientific research. Regardless of 
FSC, GSA will not approve transfers of common-use or general-purpose 
items without reimbursement. Title to such property transfers to the 
grantee.
    (f) The property is furnished in connection with grants to Indian 
tribes, as defined in section 3(c) of the Indian Financing Act (24 
U.S.C. 1452(c)). Title passage is determined under the authorities of 
the administering agency.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.195  What type of excess personal property may we furnish
to our project grantees?

    You may furnish to your project grantees any property, except for 
consumable items, determined to be necessary and usable for the purpose 
of the grant. Consumable items are generally not transferable to project 
grantees. GSA may approve transfers of excess consumable items when 
adequate justification for the transfer accompanies such requests. For 
the purpose of this section, ``consumable items'' are items which are 
intended for one-time use and are actually consumed in that one time; 
e.g., drugs, medicines, surgical dressings, cleaning and preserving 
materials, and fuels.



Sec.  102-36.200  May we acquire excess personal property for cannibalization
purposes by the grantees?

    Yes, subject to GSA approval, you may acquire excess personal 
property for cannibalization purposes. You may be required to provide a 
supporting statement that indicates disassembly of the item for 
secondary use has greater benefit than utilization of the item in its 
existing form and cost savings to the government will result.



Sec.  102-36.205  Is there a limit to how much excess personal property
we may furnish to our grantees?

    Yes, you must monitor transfers of excess personal property so the 
total dollar amount of property transferred (in original acquisition 
cost) does not exceed the dollar value of the grant. Any transfers above 
the grant amount must be approved by an official at an administrative 
level higher than the officer administering the grant.



            Subpart D_Disposition of Excess Personal Property



Sec.  102-36.210  Why must we report excess personal property to GSA?

    You must report excess personal property to promote reuse by the 
government to enable federal agencies to benefit from the continued use 
of property already paid for with taxpayers' money, thus minimizing new 
procurement costs. Reporting excess personal property to GSA helps 
assure that the information on available excess personal property is 
accessible and disseminated to the widest range of reuse customers.

                   Reporting Excess Personal Property



Sec.  102-36.215  How do we report excess personal property?

    Report excess personal property as follows:
    (a) Electronically submit the data elements required on the Standard

[[Page 100]]

Form 120 (SF 120), Report of Excess Personal Property, in a format 
specified and approved by GSA; or
    (b) Submit a paper SF 120 to the regional GSA Personal Property 
Management office.



Sec.  102-36.220  Must we report all excess personal property to GSA?

    (a) Generally yes, regardless of the condition code, except as 
authorized in Sec.  102-36.145 for direct transfers or as exempted in 
paragraph (b) of this section. Report all excess personal property, 
including excess personal property to which the government holds title 
but is in the custody of your contractors, cooperatives, or project 
grantees.
    (b) You are not required to report the following types of excess 
personal property to GSA for screening:
    (1) Property determined appropriate for abandonment/destruction (see 
Sec.  102-36.305).
    (2) Non-appropriated fund property (see Sec.  102-36.165).
    (3) Foreign excess personal property (see Sec.  102-36.380).
    (4) Scrap, except aircraft in scrap condition.
    (5) Perishables, defined for the purposes of this section as any 
personal property subject to spoilage or decay.
    (6) Trading stamps and bonus goods.
    (7) Hazardous waste.
    (8) Controlled substances.
    (9) Nuclear Regulatory Commission-controlled materials.
    (10) Property dangerous to public health and safety.
    (11) Classified items or property determined to be sensitive for 
reasons of national security.
    (c) Refer to part 101-42 of this title for additional guidance on 
the disposition of classes of property under paragraphs (b)(7) through 
(b)(11) of this section.



Sec.  102-36.225  Must we report excess related personal property?

    Yes, you must report excess related personal property to the Office 
of Real Property, GSA, in accordance with part 102-75 of this chapter.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.230  Where do we send the reports of excess personal
property?

    (a) You must direct electronic submissions of excess personal 
property to GSAXcess [supreg] maintained by the Property Management 
Division (FBP), GSA, Washington, DC 20406.
    (b) For paper submissions, you must send the SF 120 to the regional 
GSA Personal Property Management office for the region in which the 
property is located. For the categories of property listed in Sec.  102-
36.125(b), forward the SF 120 to the corresponding regions.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.235  What information do we provide when reporting excess 
personal property?

    (a) You must provide the following data on excess personal property:
    (1) The reporting agency and the property location.
    (2) A report number (6-digit activity address code and 4-digit 
Julian date).
    (3) 4-digit Federal Supply Class (use National Stock Number whenever 
available).
    (4) Description of item, in sufficient detail.
    (5) Quantity and unit of issue.
    (6) Disposal Condition Code (see Sec.  102-36.240).
    (7) Original acquisition cost per unit and total cost (use estimate 
if original cost not available).
    (8) Manufacturer, date of manufacture, part and serial number, when 
required by GSA.
    (b) In addition, provide the following information on your report of 
excess, when applicable:
    (1) Major parts/components that are missing.
    (2) If repairs are needed, the type of repairs.
    (3) Special requirements for handling, storage, or transportation.
    (4) The required date of removal due to moving or space 
restrictions.
    (5) If reimbursement is required, the authority under which the 
reimbursement is requested, the amount of reimbursement and the 
appropriate fund code to which money is to be deposited.
    (6) If you will conduct the sale of personal property that is not 
transferred or donated.

[[Page 101]]



Sec.  102-36.240  What are the disposal condition codes?

    The disposal condition codes are contained in the following table:

------------------------------------------------------------------------
    Disposal condition code                    Definition
------------------------------------------------------------------------
1.............................  New. Property which is in new condition
                                 or unused condition and can be used
                                 immediately without modifications or
                                 repairs.
4.............................  Usable. Property which shows some wear,
                                 but can be used without significant
                                 repair.
7.............................  Repairable. Property which is unusable
                                 in its current condition but can be
                                 economically repaired.
X.............................  Salvage. Property which has value in
                                 excess of its basic material content,
                                 but repair or rehabilitation is
                                 impractical and/or uneconomical.
S.............................  Scrap. Property which has no value
                                 except for its basic material content.
------------------------------------------------------------------------

                  Disposing of Excess Personal Property



Sec.  102-36.245  Are we accountable for the personal property that has
been reported excess, and who is responsible for the care and handling
costs?

    Yes, you are accountable for the excess personal property until the 
time it is picked up by the designated recipient or its agent. You are 
responsible for all care and handling charges while the excess personal 
property is going through the screening and disposal process.



Sec.  102-36.250  Does GSA ever take physical custody of excess personal
property?

    Generally you retain physical custody of the excess personal 
property prior to its final disposition. Very rarely GSA may consider 
accepting physical custody of excess personal property. Under special 
circumstances, GSA may take custody or may direct the transfer of 
partial or total custody to other executive agencies, with their 
consent.



Sec.  102-36.255  What options do we have when unusual circumstances do
not allow adequate time for disposal through GSA?

    Contact your regional GSA Personal Property Management office for 
any existing interagency agreements that would allow you to turn in 
excess personal property to a federal facility. You are responsible for 
any turn in costs and all costs related to transporting the excess 
personal property to these facilities.



Sec.  102-36.260  How do we promote the expeditious transfer of excess
personal property?

    For expeditious transfer of excess personal property you should:
    (a) Provide complete and accurate property descriptions and 
condition codes on the report of excess to facilitate the selection of 
usable property by potential users.
    (b) Ensure that any available operating manual, parts list, diagram, 
maintenance log, or other instructional publication is made available 
with the property at the time of transfer.
    (c) Advise the designated recipient of any special requirements for 
dismantling, shipping/transportation.
    (d) When the excess personal property is located at a facility due 
to be closed, provide advance notice of the scheduled date of closing, 
and ensure there is sufficient time for screening and removal of 
property.



Sec.  102-36.265  What if there are competing requests for the same
excess personal property?

    (a) GSA will generally approve transfers on a first-come, first-
served basis. When more than one federal agency requests the same item, 
and the quantity available is not sufficient to meet the demand of all 
interested agencies, GSA will consider factors such as national defense 
requirements, emergency needs, avoiding the necessity of a new 
procurement, energy conservation, transportation costs, and retention of 
title in the government. GSA will normally give preference to the agency 
that will retain title in the Government.

[[Page 102]]

    (b) Requests for property for the purpose of cannibalization will 
normally be subordinate to requests for use of the property in its 
existing form.



Sec.  102-36.270  What if a federal agency requests personal property
that is undergoing donation screening or in the sales process?

    Prior to final disposition, GSA will consider requests from 
authorized federal activities for excess personal property undergoing 
donation screening or in the sales process. Federal transfers may be 
authorized prior to removal of the property under a donation or sales 
action.



Sec.  102-36.275  May we dispose of excess personal property without
GSA approval?

    No, you may not dispose of excess personal property without GSA 
approval except under the following limited situations:
    (a) You may transfer to another federal agency excess personal 
property that has not yet been reported to GSA, under direct transfer 
procedures contained in Sec.  102-36.145.
    (b) You may dispose of excess personal property that is not required 
to be reported to GSA (see Sec.  102-36.220(b)).
    (c) You may dispose of excess personal property without going 
through GSA when such disposal is authorized by law.



Sec.  102-36.280  May we withdraw from the disposal process excess personal
property that we have reported to GSA?

    Yes, you may withdraw excess personal property from the disposal 
process, but only with the approval of GSA and to satisfy an internal 
agency requirement. Property that has been approved for transfer or 
donation or offered for sale by GSA may be returned to your control with 
proper justification.

                      Transfers With Reimbursement



Sec.  102-36.285  May we charge for personal property transferred to 
another federal agency?

    (a) When any one of the following conditions applies, you may 
require and retain reimbursement for the excess personal property from 
the recipient:
    (1) Your agency has the statutory authority to require and retain 
reimbursement for the property.
    (2) You are transferring the property under the exchange/sale 
authority.
    (3) You had originally acquired the property with funds not 
appropriated from the general fund of the Treasury or appropriated 
therefrom but by law reimbursable from assessment, tax, or other 
revenue. It is current executive branch policy that working capital fund 
property shall be transferred without reimbursement.
    (4) You or the recipient is the U.S. Postal Service.
    (5) You or the recipient is the DC Government.
    (6) You or the recipient is a wholly owned or mixed-ownership 
government corporation.
    (b) You may charge for direct costs you incurred incident to the 
transfer, such as packing, loading and shipping of the property. The 
recipient is responsible for such charges unless you waive the amount 
involved.
    (c) You may not charge for overhead or administrative expenses or 
the costs for care and handling of the property pending disposition.



Sec.  102-36.290  How much do we charge for excess personal property
on a transfer with reimbursement?

    (a) You may require reimbursement in an amount up to the fair market 
value of the property when the transfer involves property meeting 
conditions in Sec.  102-36.285(a)(1) through (a)(4).
    (b) When you or the recipient is the DC Government or a wholly owned 
or mixed-ownership Government corporation (Sec.  102-36.285(a)(5) and 
(a)(6)), you may only require fair value reimbursement. Fair value 
reimbursement is 20 percent of the original acquisition cost for new or 
unused property (i.e., condition code 1), and zero percent for other 
personal property. A higher fair value may be used if you and the 
recipient agency agree. Due to special circumstances or the nature of 
the property, you may use other criteria for establishing fair value if 
approved or directed by GSA. You must refer any disagreements to the 
appropriate regional

[[Page 103]]

GSA Personal Property Management office.

                       Report of Disposal Activity



Sec.  102-36.295  Is there any reporting requirement on the disposition 
of excess personal property?

    Yes, you must report annually to GSA personal property furnished in 
any manner in that year to any non-federal recipients, with respect to 
property obtained as excess or as property determined to be no longer 
required for the purposes of the appropriation from which it was 
purchased.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.300  How do we report the furnishing of personal property
to non-federal recipients?

    (a) Submit your annual report of personal property furnished to non-
federal recipients, in letter form, to GSA, Office of Travel, 
Transportation, and Asset Management (MT), 1800 F Street, NW, 
Washington, DC 20405, within 90 calendar days after the close of each 
fiscal year. The report must cover personal property disposed during the 
fiscal year in all areas within the United States, the U.S. Virgin 
Islands, American Samoa, Guam, Puerto Rico, the Federated States of 
Micronesia, the Marshall Islands, Palau, and the Northern Mariana 
Islands. Negative reports are required.
    (b) The report (interagency report control number 0154--GSA--AN) 
must reference this part and contain the following:
    (1) Names of the non-federal recipients.
    (2) Status of the recipients (contractor, cooperative, project 
grantee, etc.).
    (3) Total original acquisition cost of excess personal property 
furnished to each type of recipient, by type of property (two-digit FSC 
groups).

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                         Abandonment/Destruction



Sec.  102-36.305  May we abandon or destroy excess personal property
without reporting it to GSA?

    Yes, you may abandon or destroy excess personal property when you 
have made a written determination that the property has no commercial 
value or the estimated cost of its continued care and handling would 
exceed the estimated proceeds from its sale. An item has no commercial 
value when it has neither utility nor monetary value (either as an item 
or as scrap).



Sec.  102-36.310  Who makes the determination to abandon or destroy excess 
personal property?

    To abandon or destroy excess personal property, an authorized 
official of your agency makes a written finding that must be approved by 
a reviewing official who is not directly accountable for the property.



Sec.  102-36.315  Are there any restrictions to the use of the
abandonment/destruction authority?

    Yes, the following restrictions apply:
    (a) You must not abandon or destroy property in a manner which is 
detrimental or dangerous to public health or safety. Additional 
guidelines for the abandonment/destruction of hazardous materials are 
prescribed in part 101-42 of this title.
    (b) If you become aware of an interest from an entity in purchasing 
the property, you must implement sales procedures in lieu of 
abandonment/destruction.



Sec.  102-36.320  May we transfer or donate excess personal property 
that has been determined appropriate for abandonment/destruction without
GSA approval?

    In lieu of abandonment/destruction, you may donate such excess 
personal property only to a public body without going through GSA. A 
public body is any department, agency, special purpose district, or 
other instrumentality of a state or local government; any Indian tribe; 
or any agency of the federal government. If you become aware of an

[[Page 104]]

interest from an eligible non-profit organization (see part 102-37 of 
this chapter) that is not a public body in acquiring the property, you 
must contact the regional GSA Personal Property Management office and 
implement donation procedures in accordance with part 102-37 of this 
chapter.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.325  What must be done before the abandonment/destruction
of excess personal property?

    Except as provided in Sec.  102-36.330, you must provide public 
notice of intent to abandon or destroy excess personal property, in a 
format and timeframe specified by your agency regulations (such as 
publishing a notice in a local newspaper, posting of signs in common use 
facilities available to the public, or providing bulletins on your 
website through the internet). You must also include in the notice an 
offer to sell in accordance with part 102-38 of this chapter.



Sec.  102-36.330  Are there occasions when public notice is not needed
regarding abandonment/destruction of excess personal property?

    Yes, you are not required to provide public notice when:
    (a) The value of the property is so little or the cost of its care 
and handling, pending abandonment/destruction, is so great that its 
retention for advertising for sale, even as scrap, is clearly not 
economical;
    (b) Abandonment or destruction is required because of health, 
safety, or security reasons; or
    (c) When the original acquisition cost of the item (estimated if 
unknown) is less than $500.

[65 FR 31218, May 16, 2000, as amended at 65 FR 34983, June 1, 2000]



  Subpart E_Personal Property Whose Disposal Requires Special Handling



Sec.  102-36.335  Are there certain types of excess personal property 
that must be disposed of differently from normal disposal procedures?

    Yes, you must comply with the additional provisions in this subpart 
when disposing of the types of personal property listed in this subpart.

                       Aircraft and Aircraft Parts



Sec.  102-36.340  What must we do when disposing of excess aircraft?

    (a) You must report to GSA all excess aircraft, regardless of 
condition or dollar value, and provide the following information on the 
SF 120:
    (1) Manufacturer, date of manufacture, model, serial number.
    (2) Major components missing from the aircraft, such as engines, 
electronics.
    (3) Whether or not the:
    (i) Aircraft is operational;
    (ii) Data plate is available;
    (iii) Historical and maintenance records are available;
    (iv) Aircraft has been previously certificated by the Federal 
Aviation Administration (FAA) and/or has been maintained to FAA 
airworthiness standards;
    (v) Aircraft was previously used for non-flight purposes (i.e., 
ground training or static display), and has been subjected to extensive 
disassembly and re-assembly procedures for ground training, or repeated 
burning for fire-fighting training purposes.
    (4) For military aircraft, indicate Category A, B, or C as 
designated by the Department of Defense (DOD), as follows:

------------------------------------------------------------------------
     Category of aircraft                     Description
------------------------------------------------------------------------
A............................  Aircraft authorized for sale and exchange
                                for commercial use.
B............................  Aircraft previously used for ground
                                instruction and/or static display.
C............................  Aircraft that are combat configured as
                                determined by DOD.
------------------------------------------------------------------------

    Note to Sec.  102-36.340(a)(4): For additional information on 
military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-
M, accessible at www.drms.dla.mil under ``Publications.''

    (b) When the designated transfer or donation recipient's intended 
use is for non-flight purposes, you must remove and return the data 
plate to GSA Property Management Branch (9FBP), San Francisco, CA 94102-
3434 prior to releasing the aircraft to the authorized

[[Page 105]]

recipient. GSA will forward the data plates to FAA.
    (c) You must also submit a report of the final disposition of the 
aircraft to the Federal Aviation Interactive Reporting System (FAIRS) 
maintained by the Office of Travel, Transportation, and Asset Management 
(MT), GSA, 1800 F Street, NW, Washington, DC 20405. For additional 
instructions on reporting to FAIRS, see part 102-33 of this chapter.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.345  May we dispose of excess Flight Safety Critical Aircraft
Parts (FSCAP)?

    Yes, you may dispose of excess FSCAP, but first you must determine 
whether the documentation available is adequate to allow transfer, 
donation, or sale of the part in accordance with part 102-33, subpart D, 
of this chapter. Otherwise, you must mutilate undocumented FSCAP that 
has no traceability to its original equipment manufacturer and dispose 
of it as scrap. When reporting excess FSCAP, annotate the manufacturer, 
date of manufacture, part number, serial number, and the appropriate 
Criticality Code on the SF 120, and ensure that all available historical 
and maintenance records accompany the part at the time of issue.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.350  How do we identify a FSCAP?

    Any aircraft part designated as FSCAP is assigned an alpha 
Criticality Code, and the code is annotated on the original transfer 
document when you acquire the part. You must perpetuate the appropriate 
FSCAP Criticality Code on all personal property records. You may contact 
the Federal agency or Military service that originally owned the part 
for assistance in making this determination, or query DOD's Federal 
Logistics Information System (FLIS) using the National Stock Number 
(NSN) for the part. For assistance in subscribing to the FLIS service 
contact the FedLog Consumer Support Office, 800-351-4381.



Sec.  102-36.355  What are the FSCAP Criticality Codes?

    The FSCAP Criticality Codes are contained in the following table:

------------------------------------------------------------------------
          FSCAP code                          Description
------------------------------------------------------------------------
E............................  FSCAP specially designed to be or
                                selected as being nuclear hardened.
F............................  Flight Safety Critical Aircraft Part.
------------------------------------------------------------------------



Sec.  102-36.360  How do we dispose of aircraft parts that are life-limited
but have no FSCAP designation?

    When disposing of life-limited aircraft parts that have no FSCAP 
designation, you must ensure that tags and labels, historical data, and 
maintenance records accompany the part on any transfers, donations or 
sales. For additional information regarding the disposal of life-limited 
parts with or without tags or documentation, refer to part 102-33 of 
this chapter.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                        Canines, Law Enforcement



Sec.  102-36.365  May we transfer or donate canines that have been used
in the performance of law enforcement duties?

    Yes, under 40 U.S.C. 555, when the canine is no longer needed for 
law enforcement duties, you may donate the canine to an individual who 
has experience handling canines in the performance of those official 
duties.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                        Disaster Relief Property



Sec.  102-36.370  Are there special requirements concerning the use of
excess personal property for disaster relief?

    Yes, upon declaration by the President of an emergency or a major 
disaster, you may loan excess personal property to state and local 
governments, with or without compensation and prior to reporting it as 
excess to GSA, to alleviate suffering and damage resulting from any 
emergency or major disaster (Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121-5206) and Executive

[[Page 106]]

Order 12148 (3 CFR, 1979 Comp., p. 412), as amended). If the loan 
involves property that has already been reported excess to GSA, you may 
withdraw the item from the disposal process subject to approval by GSA. 
You may also withdraw excess personal property for use by your agency in 
providing assistance in disaster relief. You are still accountable for 
this property and your agency is responsible for developing agencywide 
procedures for recovery of such property.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                                Firearms



Sec.  102-36.375  May we dispose of excess firearms?

    Yes, unless you have specific statutory authority to do otherwise, 
excess firearms may be transferred only to those Federal agencies 
authorized to acquire firearms for official use. GSA may donate certain 
classes of surplus firearms to State and local government activities 
whose primary function is the enforcement of applicable federal, state, 
and/or local laws and whose compensated law enforcement officers have 
the authority to apprehend and arrest. Firearms not transferred or 
donated must be destroyed and sold as scrap. For additional guidance on 
the disposition of firearms refer to part 101-42 of this title.

                    Foreign Excess Personal Property



Sec.  102-36.380  Who is responsible for disposing of foreign excess
personal property?

    Your agency is responsible for disposing of your foreign excess 
personal property, as provided by chapter 7 of title 40 of the United 
States Code.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.385  What are our responsibilities in the disposal of
foreign excess personal property?

    When disposing of foreign excess personal property you must:
    (a) Determine whether it is in the interest of the U.S. Government 
to return foreign excess personal property to the U.S. for further re-
use or to dispose of the property overseas.
    (b) Ensure that any disposal of property overseas conforms to the 
foreign policy of the United States and the terms and conditions of any 
applicable Host Nation Agreement.
    (c) Ensure that, when foreign excess personal property is donated or 
sold overseas, donation/sales conditions include a requirement for 
compliance with U.S. Department of Commerce and Department of 
Agriculture regulations when transporting any personal property back to 
the U.S.
    (d) Inform the U.S. State Department of any disposal of property to 
any foreign governments or entities.



Sec.  102-36.390  How may we dispose of foreign excess personal property?

    To dispose of foreign excess personal property, you may:
    (a) Offer the property for re-use by U.S. Federal agencies overseas;
    (b) Return the property to the U.S. for re-use by eligible 
recipients;
    (c) Sell, exchange, lease, or transfer such property for cash, 
credit, or other property;
    (d) Donate medical materials or supplies to nonprofit medical or 
health organizations, including those qualified under sections 214(b) 
and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 
2174, 2357); or
    (e) Abandon, destroy or donate such property when you determine that 
it has no commercial value or the estimated cost of care and handling 
would exceed the estimated proceeds from its sale, in accordance with 40 
U.S.C. 527. Abandonment, destruction or donation actions must also 
comply with the laws of the country in which the property is located.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.395  How may GSA assist us in disposing of foreign excess
personal property?

    You may request GSA's assistance in the screening of foreign excess 
personal property for possible re-use by eligible recipients within the 
U.S. GSA may, after consultation with you, designate property for return 
to the United

[[Page 107]]

States for transfer or donation purposes.



Sec.  102-36.400  Who pays for the transportation costs when foreign
excess personal property is returned to the United States?

    When foreign excess property is to be returned to the U.S. for the 
purpose of an approved transfer or donation under the provisions of 40 
U.S.C. 521-529, 549, and 551, the Federal agency, State agency, or donee 
receiving the property is responsible for all direct costs involved in 
the transfer, which include packing, handling, crating, and 
transportation.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                                  Gifts



Sec.  102-36.405  May we keep gifts given to us from the public?

    If your agency has gift retention authority, you may retain gifts 
from the public. Otherwise, you must report gifts you receive on a SF 
120 to GSA. You must report gifts received from a foreign government in 
accordance with part 102-42 of this chapter.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



Sec.  102-36.410  How do we dispose of a gift in the form of money or 
intangible personal property?

    Report intangible personal property to GSA, Personal Property 
Management Division (FBP), Washington, DC 20406. You must not transfer 
or dispose of this property without prior approval of GSA. The Secretary 
of the Treasury will dispose of money and negotiable instruments such as 
bonds, notes, or other securities under the authority of 31 U.S.C. 324.



Sec.  102-36.415  How do we dispose of gifts other than intangible 
personal property?

    (a) When the gift is offered with the condition that the property be 
sold and the proceeds used to reduce the public debt, report the gift to 
the regional GSA Personal Property Management office in which the 
property is located. GSA will convert the gift to money upon acceptance 
and deposit the proceeds into a special account of the U.S. Treasury.
    (b) When the gift is offered with no conditions or restrictions, and 
your agency has gift retention authority, you may use the gift for an 
authorized official purpose without reporting to GSA. The property will 
then lose its identity as a gift and you must account for it in the same 
manner as Federal personal property acquired from authorized sources. 
When the property is no longer needed, you must report it as excess 
personal property to GSA.
    (c) When the gift is offered with no conditions or restrictions, but 
your agency does not have gift retention authority, you must report it 
to the regional GSA Personal Property Management office. GSA will offer 
the property for screening for possible transfer to a federal agency or 
convert the gift to money and deposit the funds with U.S. Treasury. If 
your agency is interested in keeping the gift for an official purpose, 
you must annotate your interest on the SF 120 and also submit a SF 122.



Sec.  102-36.420  How do we dispose of gifts from foreign governments
or entities?

    Report foreign gifts on a SF 120 to GSA, Property Management 
Division (FBP), Washington, DC 20406, for possible transfer, donation or 
sale in accordance with the provisions of part 102-42 of this chapter.

[71 FR 53572, Sept. 12, 2006]

                       Hazardous Personal Property



Sec.  102-36.425  May we dispose of excess hazardous personal property?

    Yes, but only in accordance with part 101-42 of this title. When 
reporting excess hazardous property to GSA, certify on the SF 120 that 
the property has been packaged and labeled as required. Annotate any 
special requirements for handling, storage, or use, and provide a 
description of the actual or potential hazard.

[[Page 108]]

      Munitions List Items/Commerce Control List Items (MLIs/CCLIs)



Sec.  102-36.430  May we dispose of excess Munitions List Items 
(MLIs)/Commerce Control List Items (CCLIs)?

    You may dispose of excess MLIs/CCLIs only when you comply with the 
additional disposal and demilitarization (DEMIL) requirements contained 
in part 101-42 of this title. MLIs may require demilitarization when 
issued to any non-DoD entity, and will require appropriate licensing 
when exported from the U.S. CCLIs usually require export licensing when 
transported from the U.S.



Sec.  102-36.435  How do we identify Munitions List Items 
(MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?

    You identify MLIs/CCLIs requiring demilitarization by the 
demilitarization code that is assigned to each MLI or CCLI. The code 
indicates the type and scope of demilitarization and/or export controls 
that must be accomplished, when required, before issue to any non-DOD 
activity. For a listing of the codes and additional guidance on DEMIL 
procedures see DOD Demilitarization and Trade Security Control Manual, 
DOD 4160.21-M-1.

                     Printing Equipment and Supplies



Sec.  102-36.440  Are there special procedures for reporting excess 
printing and binding equipment and supplies?

    Yes, in accordance with 44 U.S.C. 312, you must submit reports of 
excess printing and binding machinery, equipment, materials, and 
supplies to the Public Printer, Government Printing Office (GPO), 
Customer Service Manager, 732 North Capitol Street, NW, Washington, DC 
20401. If GPO has no requirement for the property, you must then submit 
the report to GSA.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                           Red Cross Property



Sec.  102-36.445  Do we report excess personal property originally acquired
from or through the American National Red Cross?

    Yes, when reporting excess personal property which was processed, 
produced, or donated by the American National Red Cross, note ``RED 
CROSS PROPERTY'' on the SF 120 or report document. GSA will offer to 
return this property to the Red Cross if no other federal agency has a 
need for it. If the Red Cross has no requirement, the property continues 
in the disposal process and is available for donation.

                            Shelf-Life Items



Sec.  102-36.450  Do we report excess shelf-life items?

    (a) When there are quantities on hand, that would not be utilized by 
the expiration date and cannot be returned to the vendor for credit, you 
must report such expected overage as excess for possible transfer and 
disposal to ensure maximum use prior to deterioration.
    (b) You need not report expired shelf-life items. You may dispose of 
property with expired shelf-life by abandonment/destruction in 
accordance with Sec.  102-36.305 and in compliance with Federal, State, 
and local waste disposal and air and water pollution control standards.



Sec.  102-36.455  How do we report excess shelf-life items?

    You must identify the property as shelf-life items by ``SL'', 
indicate the expiration date, whether the date is the original or an 
extended date, and if the date is further extendable. GSA may adjust the 
screening period based on re-use potential and the remaining useful 
shelf life.



Sec.  102-36.460  Do we report excess medical shelf-life items held for
national emergency purposes?

    When the remaining shelf life of any medical materials or supplies 
held for national emergency purposes is of too short a period to justify 
their continued retention, you should report such property excess for 
possible transfer and disposal. You must make such excess determinations 
at such time as to

[[Page 109]]

ensure that sufficient time remains to permit their use before their 
shelf-life expires and the items are unfit for human use. You must 
identify such items with ``MSL'' and the expiration date, and indicate 
any specialized storage requirements.



Sec.  102-36.465  May we transfer or exchange excess medical shelf-life 
items with other federal agencies?

    Yes, you may transfer or exchange excess medical shelf-life items 
held for national emergency purposes with any other federal agency for 
other medical materials or supplies, without GSA approval and without 
regard to part 102-39 of this chapter. You and the transferee agency 
will agree to the terms and prices. You may credit any proceeds derived 
from such transactions to your agency's current applicable appropriation 
and use the funds only for the purchase of medical materials or supplies 
for national emergency purposes.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]

                                 Vessels



Sec.  102-36.470  What must we do when disposing of excess vessels?

    (a) When you dispose of excess vessels, you must indicate on the SF 
120 the following information:
    (1) Whether the vessel has been inspected by the Coast Guard.
    (2) Whether testing for hazardous materials has been done. And if 
so, the result of the testing, specifically the presence or absence of 
PCB's and asbestos and level of contamination.
    (3) Whether hazardous materials clean up is required, and when it 
will be accomplished by your agency.
    (b) In accordance with 40 U.S.C. 548, the Federal Maritime 
Administration (FMA), Department of Transportation, is responsible for 
disposing of surplus vessels determined to be merchant vessels or 
capable of conversion to merchant use and weighing 1,500 gross tons or 
more. The SF 120 for such vessels shall be forwarded to GSA for 
submission to FMA.
    (c) Disposal instructions regarding vessels in this part do not 
apply to battleships, cruisers, aircraft carriers, destroyers, or 
submarines.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]



                   Subpart F_Miscellaneous Disposition



Sec.  102-36.475  What is the authority for transfers under
``Computers for Learning''?

    (a) The Stevenson-Wydler Technology Innovation Act of 1980, as 
amended (15 U.S.C. 3710(i)), authorizes federal agencies to transfer 
excess education-related federal equipment to educational institutions 
or nonprofit organizations for educational and research activities. 
Executive Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the 
extent permitted by law and where appropriate, the transfer of computer 
equipment for use by schools or nonprofit organizations.
    (b) Each federal agency is required to identify a point of contact 
within the agency to assist eligible recipients, and to publicize the 
availability of such property to eligible communities. Excess education-
related equipment may be transferred directly under established agency 
procedures, or reported to GSA as excess for subsequent transfer to 
potential eligible recipients as appropriate. You must include transfers 
under this authority in the annual Non-federal Recipients Report (See 
Sec.  102-36.295) to GSA.
    (c) The ``Computers for Learning'' website has been developed to 
streamline the transfer of excess and surplus Federal computer equipment 
to schools and nonprofit educational organizations. For additional 
information about this program access the ``Computers for Learning'' 
website, http://www.computers.fed.gov.



PART 102	37_DONATION OF SURPLUS PERSONAL PROPERTY--Table of Contents



                      Subpart A_General Provisions

Sec.
102-37.5 What does this part cover?
102-37.10 What is the primary governing authority for this part?
102-37.15 Who must comply with the provisions of this part?

[[Page 110]]

102-37.20 How do we request a deviation from this part and who can 
          approve it?

                               Definitions

102-37.25 What definitions apply to this part?

                            Donation Overview

102-37.30 When does property become available for donation?
102-37.35 Who handles the donation of surplus property?
102-37.40 What type of surplus property is available for donation?
102-37.45 How long is property available for donation screening?
102-37.50 What is the general process for requesting surplus property 
          for donation?
102-37.55 Who pays for transportation and other costs associated with a 
          donation?
102-37.60 How much time does a transferee have to pick up or remove 
          surplus property from holding agency premises?
102-37.65 What happens to surplus property that has been approved for 
          transfer when the prospective transferee decides it cannot use 
          the property and declines to pick it up?
102-37.70 How should a transferee account for the receipt of a larger or 
          smaller number of items than approved by GSA on the SF 123?
102-37.75 What should be included in a shortage report?
102-37.80 What happens to surplus property that isn't transferred for 
          donation?
102-37.85 Can surplus property being offered for sale be withdrawn and 
          approved for donation?

             Subpart B_General Services Administration (GSA)

102-37.90 What are GSA's responsibilities in the donation of surplus 
          property?
102-37.95 How will GSA resolve competing requests?
102-37.100 What factors will GSA consider in allocating surplus property 
          among SASPs?

                        Subpart C_Holding Agency

102-37.110 What are a holding agency's responsibilities in the donation 
          of surplus property?
102-37.115 May a holding agency be reimbursed for costs incurred 
          incident to a donation?
102-37.120 May a holding agency donate surplus property directly to 
          eligible non-Federal recipients without going through GSA?
102-37.125 What are some donations that do not require GSA's approval?

           Subpart D_State Agency for Surplus Property (SASP)

102-37.130 What are a SASP's responsibilities in the donation of surplus 
          property?
102-37.135 How does a SASP become eligible to distribute surplus 
          property to donees?

                         State Plan of Operation

102-37.140 What is a State plan of operation?
102-37.145 Who is responsible for developing, certifying, and submitting 
          the plan?
102-37.150 What must a State legislature include in the plan?
102-37.155 When does a plan take effect?
102-37.160 Must GSA approve amendments or modifications to the plan?
102-37.165 Do plans or major amendments require public notice?
102-37.170 What happens if a SASP does not operate in accordance with 
          its plan?

                    Screening and Requesting Property

102-37.175 How does a SASP find out what property is potentially 
          available for donation?
102-37.180-102-102-37.185 [Reserved]
102-37.190 What records must a SASP maintain on authorized screeners?
102-37.195 Does a SASP have to have a donee in mind to request surplus 
          property?
102-37.200 What certifications must a SASP make when requesting surplus 
          property for donation?
102-37.205 What agreements must a SASP make?
102-37.210 Must a SASP make a drug-free workplace certification when 
          requesting surplus property for donation?
102-37.215 When must a SASP make a certification regarding lobbying?

                  Justifying Special Transfer Requests

102-37.220 Are there special types of surplus property that require 
          written justification when submitting a transfer request?
102-37.225 What information or documentation must a SASP provide when 
          requesting a surplus aircraft or vessel?
102-37.230 What must a letter of intent for obtaining surplus aircraft 
          or vessels include?
102-37.235 What type of information must a SASP provide when requesting 
          surplus property for cannibalization?
102-37.240 How must a transfer request for surplus firearms be 
          justified?

                     Custody, Care, and Safekeeping

102-37.245 What must a SASP do to safeguard surplus property in its 
          custody?
102-37.250 What actions must a SASP take when it learns of damage to or 
          loss of surplus property in its custody?
102-37.255 Must a SASP insure surplus property against loss or damage?

[[Page 111]]

                        Distribution of Property

102-37.260 How must a SASP document the distribution of surplus 
          property?
102-37.265 May a SASP distribute surplus property to eligible donees of 
          another State?
102-37.270 May a SASP retain surplus property for its own use?

                      Service and Handling Charges

102-37.275 May a SASP accept personal checks and non-official payment 
          methods in payment of service charges?
102-37.280 How may a SASP use service charge funds?
102-37.285 May a SASP use service charge funds to support non-SASP State 
          activities and programs?

                   Disposing of Undistributed Property

102-37.290 What must a SASP do with surplus property it cannot donate?
102-37.295 Must GSA approve a transfer between SASPs?
102-37.300 What information must a SASP provide GSA when reporting 
          unneeded usable property for disposal?
102-37.305 May a SASP act as GSA's agent in selling undistributed 
          surplus property (either as usable property or scrap)?
102-37.310 What must a proposal to sell undistributed surplus property 
          include?
102-37.315 What costs may a SASP recover if undistributed surplus 
          property is retransferred or sold?
102-37.320 Under what conditions may a SASP abandon or destroy 
          undistributed surplus property?

                         Cooperative Agreements

102-37.325 With whom and for what purpose(s) may a SASP enter into a 
          cooperative agreement?
102-37.330 Must the costs of providing support under a cooperative 
          agreement be reimbursed by the parties receiving such support?
102-37.335 May a SASP enter into a cooperative agreement with another 
          SASP?
102-37.340 When may a SASP terminate a cooperative agreement?

                           Audits and Reviews

102-37.345 When must a SASP be audited?
102-37.350 Does coverage under the single audit process in OMB Circular 
          A-133 exempt a SASP from other reviews of its program?
102-37.355 What obligations does a SASP have to ensure that donees meet 
          Circular A-133 requirements?

                                 Reports

102-37.360 What reports must a SASP provide to GSA?

                           Liquidating a SASP

102-37.365 What steps must a SASP take if the State decides to liquidate 
          the agency?
102-37.370 Do liquidation plans require public notice?

 Subpart E_Donations to Public Agencies, Service Educational Activities 
              (SEAs), and Eligible Nonprofit Organizations

102-37.375 How is the pronoun ``you'' used in this subpart?
102-37.380 What is the statutory authority for donations of surplus 
          Federal property made under this subpart?

                            Donee Eligibility

102-37.385 Who determines if a prospective donee applicant is eligible 
          to receive surplus property under this subpart?
102-37.390 What basic criteria must an activity meet before a SASP can 
          qualify it for eligibility?
102-37.395 How can a SASP determine whether an applicant meets any 
          required approval, accreditation, or licensing requirements?
102-37.400 What type of eligibility information must a SASP maintain on 
          donees?
102-37.405 How often must a SASP update donee eligibility records?
102-37.410 What must a SASP do if a donee fails to maintain its 
          eligibility status?
102-37.415 What should a SASP do if an applicant appeals a negative 
          eligibility decision?

                         Conditional Eligibility

102-37.420 May a SASP grant conditional eligibility to applicants who 
          would otherwise qualify as eligible donees, but are unable to 
          obtain approval, accreditation, or licensing because they are 
          newly organized or their facilities are not yet constructed?
102-37.425 May a SASP grant conditional eligibility to a not-for-profit 
          organization whose tax-exempt status is pending?
102-37.430 What property can a SASP make available to a donee with 
          conditional eligibility?

                    Terms and Conditions of Donation

102-37.435 For what purposes may donees acquire and use surplus 
          property?
102-37.440 May donees acquire property for exchange?
102-37.445 What certifications must a donee make before receiving 
          property?
102-37.450 What agreements must a donee make?

[[Page 112]]

                   Special Handling or Use Conditions

102-37.455 On what categories of surplus property has GSA imposed 
          special handling conditions or use limitations?
102-37.460 What special terms and conditions apply to the donation of 
          aircraft and vessels?

                         Release of Restrictions

102-37.465 May a SASP modify or release any of the terms and conditions 
          of donation?
102-37.470 At what point may restrictions be released on property that 
          has been authorized for cannibalization?
102-37.475 What are the requirements for releasing restrictions on 
          property being considered for exchange?

                       Compliance and Utilization

102-37.480 What must a SASP do to ensure that property is used for the 
          purpose(s) for which it was donated?
102-37.485 What actions must a SASP take if a review or other 
          information indicates noncompliance with donation terms and 
          conditions?
102-37.490 When must a SASP coordinate with GSA on compliance actions?
102-37.495 How must a SASP handle funds derived from compliance actions?

                        Returns and Reimbursement

102-37.500 May a donee receive reimbursement for its donation expenses 
          when unneeded property is returned to the SASP?
102-37.505 How does a donee apply for and receive reimbursement for 
          unneeded property returned to a SASP?

                  Special Provisions Pertaining to SEAs

102-37.510 Are there special requirements for donating property to SEAs?
102-37.515 Do SEAs have a priority over other SASP donees for DOD 
          property?

                 Subpart F_Donations to Public Airports

102-37.520 What is the authority for public airport donations?
102-37.525 What should a holding agency do if it wants a public airport 
          to receive priority consideration for excess personal property 
          it has reported to GSA?
102-37.530 What are FAA's responsibilities in the donation of surplus 
          property to public airports?
102-37.535 What information must FAA provide to GSA on its 
          administration of the public airport donation program?

         Subpart G_Donations to the American National Red Cross

102-37.540 What is the authority for donations to the American National 
          Red Cross?
102-37.545 What type of property may the American National Red Cross 
          receive?
102-37.550 What steps must the American National Red Cross take to 
          acquire property?
102-37.555 What happens to property the American National Red Cross does 
          not request?

 Subpart H_Donations to Public Bodies in Lieu of Abandonment/Destruction

102-37.560 What is a public body?
102-37.565 What is the authority for donations to public bodies?
102-37.570 What type of property may a holding agency donate under this 
          subpart?
102-37.575 Is there a special form for holding agencies to process 
          donations?
102-37.580 Who is responsible for costs associated with the donation?

             Subpart I_Transfer of Vehicle Title to a Donee

102-37.585 In transferring donated surplus vehicles, what is the 
          responsibility of the holding agency?
102-37.590 In transferring donated surplus vehicles, what is the 
          responsibility of the SASP?
102-37.595 When transferring donated surplus vehicles, what is the 
          responsibility of the donee?
102-37.600 When does title to a surplus donated vehicle change hands?

Appendix A to Part 102-37--Miscellaneous Donation Statutes
Appendix B to Part 102-37--Elements of a State Plan of Operation
Appendix C to Part 102-37--Glossary of Terms for Determining Eligibility 
          of Public Agencies and Nonprofit Organizations

    Authority: 40 U.S.C. 549 and 121(c).

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



                      Subpart A_General Provisions



Sec.  102-37.5  What does this part cover?

    This part covers the donation of surplus Federal personal property 
located within a State, including foreign excess personal property 
returned to a State for handling as surplus property. For purposes of 
this part, the term State

[[Page 113]]

includes any of the 50 States, as well as the District of Columbia, the 
U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto 
Rico, and the Commonwealth of the Northern Mariana Islands.



Sec.  102-37.10  What is the primary governing authority for this part?

    Section 549 of title 40, United States Code, gives the General 
Services Administration (GSA) discretionary authority to prescribe the 
necessary regulations for, and to execute the surplus personal property 
donation program.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.15  Who must comply with the provisions of this part?

    You must comply with this part if you are a holding agency or a 
recipient of Federal surplus personal property approved by GSA for 
donation (e.g., a State agency for surplus property (SASP) or a public 
airport).



Sec.  102-37.20  How do we request a deviation from this part and who
can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to request 
a deviation from the requirements of this part.

                               Definitions



Sec.  102-37.25  What definitions apply to this part?

    The following definitions apply to this part:
    Allocation means the process by which GSA identifies the SASP to 
receive surplus property on a fair and equitable basis, taking into 
account the condition of the property as well as the original 
acquisition cost of the property.
    Cannibalization means to remove serviceable parts from one item of 
equipment in order to install them on another item of equipment.
    Donee means any of the following entities that receive Federal 
surplus personal property through a SASP:
    (1) A service educational activity (SEA).
    (2) A public agency (as defined in appendix C of this part) which 
uses surplus personal property to carry out or promote one or more 
public purposes. (Public airports are an exception and are only 
considered donees when they elect to receive surplus property through a 
SASP, but not when they elect to receive surplus property through the 
Federal Aviation Administration as discussed in subpart F of this part.)
    (3) An eligible nonprofit tax-exempt educational or public health 
institution (including a provider of assistance to homeless or 
impoverished families or individuals).
    (4) A State or local government agency, or a nonprofit organization 
or institution, that receives funds appropriated for a program for older 
individuals.
    Holding agency means the executive agency having accountability for, 
and generally possession of, the property involved.
    Period of restriction means the period of time for keeping donated 
property in use for the purpose for which it was donated.
    Screening means the process of physically inspecting property or 
reviewing lists or reports of property to determine whether property is 
usable or needed for donation purposes.
    Service educational activity (SEA) means any educational activity 
designated by the Secretary of Defense as being of special interest to 
the armed forces; e.g., maritime academies or military, naval, Air 
Force, or Coast Guard preparatory schools.
    Standard Form (SF) 123, Transfer Order Surplus Personal Property 
means the document used to request and document the transfer of Federal 
surplus personal property for donation purposes.
    State means one of the 50 States, the District of Columbia, the U.S. 
Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, 
and the Commonwealth of the Northern Mariana Islands.
    State agency for surplus property (SASP) means the agency designated 
under State law to receive Federal surplus personal property for 
distribution to eligible donees within the State as provided for in 40 
U.S.C. 549.

[[Page 114]]

    Surplus personal property (surplus property) means excess personal 
property (as defined in Sec.  102-36.40 of this chapter) not required 
for the needs of any Federal agency, as determined by GSA.
    Surplus release date means the date on which Federal utilization 
screening of excess personal property has been completed, and the 
property is available for donation.
    Transferee means a public airport receiving surplus property from a 
holding agency through the Federal Aviation Administration, or a SASP.
    You, when used in subparts D and E of this part, means SASP, unless 
otherwise specified.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006; 79 
FR 64514, Oct. 30, 2014]

                            Donation Overview



Sec.  102-37.30  When does property become available for donation?

    Excess personal property becomes available for donation the day 
following the surplus release date. This is the point at which the 
screening period has been completed without transfer to a Federal agency 
or other eligible recipient, and the GSA has determined the property to 
be surplus.



Sec.  102-37.35  Who handles the donation of surplus property?

    (a) The SASPs handle the donation of most surplus property to 
eligible donees in their States in accordance with this part.
    (b) The GSA handles the donation of surplus property to public 
airports under a program administered by the Federal Aviation 
Administration (FAA) (see subpart F of this part). The GSA may also 
donate to the American National Red Cross surplus property that was 
originally derived from or through the Red Cross (see subpart G of this 
part).
    (c) Holding agencies may donate surplus property that they would 
otherwise abandon or destroy directly to public bodies in accordance 
with subpart H of this part.



Sec.  102-37.40  What type of surplus property is available for donation?

    All surplus property (including property held by working capital 
funds established under 10 U.S.C. 2208 or in similar funds) is available 
for donation to eligible recipients, except for property in the 
following categories:
    (a) Agricultural commodities, food, and cotton or woolen goods 
determined from time to time by the Secretary of Agriculture to be 
commodities requiring special handling with respect to price support or 
stabilization.
    (b) Property acquired with trust funds (e.g., Social Security Trust 
Funds).
    (c) Non-appropriated fund property.
    (d) Naval vessels of the following categories: Battleships, 
cruisers, aircraft carriers, destroyers, and submarines.
    (e) Vessels of 1500 gross tons or more which the Maritime 
Administration determines to be merchant vessels or capable of 
conversion to merchant use.
    (f) Records of the Federal Government.
    (g) Property that requires reimbursement upon transfer (such as 
abandoned or other unclaimed property that is found on premises owned or 
leased by the Government).
    (h) Controlled substances.
    (i) Items as may be specified from time to time by the GSA Office of 
Governmentwide Policy.



Sec.  102-37.45  How long is property available for donation screening?

    Entities authorized to participate in the donation program may 
screen property, concurrently with Federal agencies, as soon as the 
property is reported as excess up until the surplus release date. The 
screening period is normally 21 calendar days, except as noted in Sec.  
102-36.95 of this chapter.



Sec.  102-37.50  What is the general process for requesting surplus 
property for donation?

    The process for requesting surplus property for donation varies, 
depending on who is making the request.
    (a) Donees should submit their requests for property directly to the 
appropriate SASP.

[[Page 115]]

    (b) SASPs and public airports should submit their requests to the 
appropriate GSA regional office. Requests must be submitted on a 
Standard Form (SF) 123, Transfer Order Surplus Personal Property, or its 
electronic equivalent. Public airports must have FAA certify their 
transfer requests prior to submission to GSA for approval. GSA may ask 
SASPs or public airports to submit any additional information required 
to support and justify transfer of the property.
    (c) The American National Red Cross should submit requests to GSA as 
described in subpart G of this part when obtaining property under the 
authority of 40 U.S.C. 551.
    (d) Public bodies, when seeking to acquire property that is being 
abandoned or destroyed, should follow rules and procedures established 
by the donor agency (see subpart H of this part).

[67 FR 2584, Jan. 18, 2002, as amended at 79 FR 64514, Oct. 30, 2014]



Sec.  102-37.55  Who pays for transportation and other costs associated 
with a donation?

    The receiving organization (the transferee) is responsible for any 
packing, shipping, or transportation charges associated with the 
transfer of surplus property for donation. Those costs, in the case of 
SASPs, may be passed on to donees that receive the property.



Sec.  102-37.60  How much time does a transferee have to pick up or remove
surplus property from holding agency premises?

    The transferee (or the transferee's agent) must remove property from 
the holding agency premises within 15 calendar days after being notified 
that the property is available for pickup, unless otherwise coordinated 
with the holding agency. If the transferee decides prior to pickup or 
removal that it no longer needs the property, it must notify the GSA 
regional office that approved the transfer request.



Sec.  102-37.65  What happens to surplus property that has been approved
for transfer when the prospective transferee decides it cannot use the 
property and declines to pick it up?

    When a prospective transferee decides it cannot use surplus property 
that has already been approved for transfer and declines to pick it up, 
the GSA regional office will advise any other SASP or public airport 
known to be interested in the property to submit a transfer request. If 
there is no transfer interest, GSA will release the property for other 
disposal.



Sec.  102-37.70  How should a transferee account for the receipt of a 
larger or smaller number of items than approved by GSA on the SF 123?

    When the quantity of property received doesn't agree with that 
approved by GSA on the SF 123, the transferee should handle the overage 
or shortage as follows:

------------------------------------------------------------------------
            If . . .                   And . . .          Then . . .
------------------------------------------------------------------------
(a) More property is received     The known or        Submit a SF 123
 than was approved by GSA for      estimated           for the
 transfer.                         acquisition cost    difference to GSA
                                   of the line         (Identify the
                                   item(s) involved    property as an
                                   is $500 or more.    overage and
                                                       include the
                                                       original transfer
                                                       order number.)
                                                       \1\
------------------------------------------------------------------------
(b) Less property is received     The acquisition     Submit a shortage
 than was approved by GSA for      cost of the         report to GSA,
 transfer.                         missing item(s)     with a copy to
                                   is $500 or more.    the holding
                                                       agency.\1\
------------------------------------------------------------------------

[[Page 116]]

 
(c) The known or estimated                            Annotate on your
 acquisition cost of the                               receiving and
 property is less than $500                            inventory
                                                       records, a
                                                       description of
                                                       the property, its
                                                       known or
                                                       estimated
                                                       acquisition cost,
                                                       and the name of
                                                       the holding
                                                       agency.
------------------------------------------------------------------------
\1\ Submit the SF 123 or shortage report to the GSA approving office
  within 30 calendar days of the date of transfer.



Sec.  102-37.75  What should be included in a shortage report?

    The shortage report should include:
    (a) The name and address of the holding agency;
    (b) All pertinent GSA and holding agency control numbers, in 
addition to the original transfer order number; and
    (c) A description of each line item of property, the condition code, 
the quantity and unit of issue, and the unit and total acquisition cost.



Sec.  102-37.80  What happens to surplus property that isn't transferred
for donation?

    Surplus property not transferred for donation is generally offered 
for sale under the provisions of part 102-38 of this chapter. Under the 
appropriate circumstances (see Sec.  102-36.305 of this chapter), such 
property might be abandoned or destroyed.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.85  Can surplus property being offered for sale be withdrawn
and approved for donation?

    Yes, surplus property being offered for sale may be withdrawn for 
donation if approved by GSA. GSA will not approve requests for the 
withdrawal of property that has been advertised or listed on a sales 
offering if that withdrawal would be harmful to the overall outcome of 
the sale. GSA will only grant such requests prior to sales award, since 
an award is binding.



             Subpart B_General Services Administration (GSA)



Sec.  102-37.90  What are GSA's responsibilities in the donation of
surplus property?

    The General Services Administration (GSA) is responsible for 
supervising and directing the disposal of surplus personal property. In 
addition to issuing regulatory guidance for the donation of such 
property, GSA:
    (a) Determines when property is surplus to the needs of the 
Government;
    (b) Allocates and transfers surplus property on a fair and equitable 
basis to State agencies for surplus property (SASPs) for further 
distribution to eligible donees;
    (c) Oversees the care and handling of surplus property while it is 
in the custody of a SASP;
    (d) Approves all transfers of surplus property to public airports, 
pursuant to the appropriate determinations made by the Federal Aviation 
Administration (see subpart F of this part);
    (e) Donates to the American National Red Cross property (generally 
blood plasma and related medical materials) originally provided by the 
Red Cross to a Federal agency, but that has subsequently been determined 
surplus to Federal needs (see subpart G of this part);
    (f) Approves, after consultation with the holding agency, foreign 
excess personal property to be returned to the United States for 
donation purposes;
    (g) Coordinates and controls the level of SASP and donee screening 
at Federal installations;
    (h) Imposes appropriate conditions on the donation of surplus 
property having characteristics that require special

[[Page 117]]

handling or use limitations (see Sec.  102-37.455); and
    (i) Keeps track of and reports on Federal donation programs (see 
Sec.  102-37.105).



Sec.  102-37.95  How will GSA resolve competing transfer requests?

    In case of requests from two or more SASPs, GSA will use the 
allocating criteria in Sec.  102-37.100. When competing requests are 
received from public airports and SASPs, GSA will transfer property 
fairly and equitably, based on such factors as need, proposed use, and 
interest of the holding agency in having the property donated to a 
specific public airport.



Sec.  102-37.100  What factors will GSA consider in allocating surplus
property among SASPs?

    GSA allocates property among the SASPs on a fair and equitable basis 
using the following factors:
    (a) Extraordinary needs caused by disasters or emergency situations.
    (b) Requests from the Department of Defense (DOD) for DOD-generated 
property to be allocated through a SASP for donation to a specific 
service educational activity.
    (c) Need and usability of property, as reflected by requests from 
SASPs. GSA will also give special consideration to requests transmitted 
through the SASPs by eligible donees for specific items of property. 
(Requests for property to be used as is will be given preference over 
cannibalization requests.)
    (d) States in greatest need of the type of property to be allocated 
where the need is evidenced by a letter of justification from the 
intended donee.
    (e) Whether a SASP has already received similar property in the 
past, and how much.
    (f) Past performance of a SASP in effecting timely pickup or removal 
of property approved for transfer and making prompt distribution of 
property to eligible donees.
    (g) The property's condition and its original acquisition cost.
    (h) Relative neediness of each State based on the State's population 
and per capita income.



                        Subpart C_Holding Agency



Sec.  102-37.110  What are a holding agency's responsibilities in the
donation of surplus property?

    Your donation responsibilities as a holding agency begin when you 
determine that property is to be declared excess. You must then:
    (a) Let GSA know if you have a donee in mind for foreign gift items 
or airport property, as provided for in Sec. Sec.  102-37.525 and 102-
42.95(h) of this chapter;
    (b) Cooperate with all entities authorized to participate in the 
donation program and their authorized representatives in locating, 
screening, and inspecting excess or surplus property for possible 
donation;
    (c) Set aside or hold surplus property from further disposal upon 
notification of a pending transfer for donation; (If GSA does not notify 
you of a pending transfer within 5 calendar days following the surplus 
release date, you may proceed with the sale or other authorized disposal 
of the property.)
    (d) Upon receipt of a GSA-approved transfer document, promptly ship 
or release property to the transferee (or the transferee's designated 
agent) in accordance with pickup or shipping instructions on the 
transfer document;
    (e) Notify the approving GSA regional office if surplus property to 
be picked up is not removed within 15 calendar days after you notify the 
transferee (or its agent) of its availability. (GSA will advise you of 
further disposal instructions.); and
    (f) Perform and bear the cost of care and handling of surplus 
property pending its disposal, except as provided in Sec.  102-37.115.

[67 FR 2584, Jan. 18, 2002, as amended at 67 FR 78732, Dec. 26, 2002]



Sec.  102-37.115  May a holding agency be reimbursed for costs incurred
incident to a donation?

    Yes, you, as a holding agency, may charge the transferee for the 
direct costs you incurred incident to a donation transfer, such as your 
packing, handling, crating, and transportation expenses. However, you 
may not include overhead or administrative costs in these charges.

[[Page 118]]



Sec.  102-37.120  May a holding agency donate surplus property directly
to eligible non-Federal recipients without going through GSA?

    Generally, a holding agency may not donate surplus property directly 
to eligible non-Federal recipients without going through GSA, except for 
the situations listed in Sec.  102-37.125.



Sec.  102-37.125  What are some donations that do not require GSA's 
approval?

    (a) Some donations of surplus property that do not require GSA's 
approval are:
    (1) Donations of condemned, obsolete, or other specified material by 
a military department or the Coast Guard to recipients eligible under 10 
U.S.C. 2572, 10 U.S.C. 7306, 10 U.S.C. 7541, 10 U.S.C. 7545, and 14 
U.S.C. 641a (see appendix A of this part for details). However, such 
property must first undergo excess Federal and surplus donation 
screening as required in this part and part 102-36 of this chapter;
    (2) Donations by holding agencies to public bodies under subpart H 
of this part;
    (3) Donations by the Small Business Administration (SBA) to small 
disadvantaged businesses under 13 CFR part 124 (although collaboration 
and agreement between the SBA, SASPs, and GSA is encouraged); and
    (4) Donations by holding agencies of law enforcement canines to 
their handlers under 40 U.S.C. 555.
    (b) You may also donate property directly to eligible non-Federal 
recipients under other circumstances if you have statutory authority to 
do so. All such donations must be included on your annual report to GSA 
under Sec.  102-36.300 of this chapter.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006; 79 
FR 64514, Oct. 30, 2014]



           Subpart D_State Agency for Surplus Property (SASP)



Sec.  102-37.130  What are a SASP's responsibilities in the donation of
surplus property?

    As a SASP, your responsibilities in the donation of surplus property 
are to:
    (a) Determine whether or not an entity seeking to obtain surplus 
property is eligible for donation as a:
    (1) Public agency;
    (2) Nonprofit educational or public health institution; or
    (3) Program for older individuals.
    (b) Distribute surplus property fairly, equitably, and promptly to 
eligible donees in your State based on their relative needs and 
resources, and ability to use the property, and as provided in your 
State plan of operation.
    (c) Enforce compliance with the terms and conditions imposed on 
donated property.



Sec.  102-37.135  How does a SASP become eligible to distribute surplus 
property to donees?

    In order to receive transfers of surplus property, a SASP must:
    (a) Have a GSA-approved State plan of operation; and
    (b) Provide the certifications and agreements as set forth in 
Sec. Sec.  102-37.200 and 102-37.205.

                         State Plan of Operation



Sec.  102-37.140  What is a State plan of operation?

    A State plan of operation is a document developed under State law 
and approved by GSA in which the State sets forth a plan for the 
management and administration of the SASP in the donation of property.



Sec.  102-37.145  Who is responsible for developing, certifying, and 
submitting the plan?

    The State legislature must develop the plan. The chief executive 
officer of the State must submit the plan to the Administrator of 
General Services for acceptance and certify that the SASP is authorized 
to:
    (a) Acquire and distribute property to eligible donees in the State;
    (b) Enter into cooperative agreements; and
    (c) Undertake other actions and provide other assurances as are 
required by 40 U.S.C. 549(e) and set forth in the plan.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]

[[Page 119]]



Sec.  102-37.150  What must a State legislature include in the plan?

    The State legislature must ensure the plan conforms to the 
provisions of 40 U.S.C. 549(e) and includes the information and 
assurances set forth in Appendix B of this part. It may also include in 
the plan other provisions not inconsistent with the purposes of title 40 
of the United States Code and the requirements of this part.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.155  When does a plan take effect?

    The plan takes effect on the date GSA notifies the chief executive 
officer of the State that the plan is approved.



Sec.  102-37.160  Must GSA approve amendments or modifications to
the plan?

    Yes, GSA must approve amendments or modifications to the plan.



Sec.  102-37.165  Do plans or major amendments require public notice?

    Yes, proposed plans and major amendments to existing plans require 
general notice to the public for comment. A State must publish a general 
notice of the plan or amendment at least 60 calendar days in advance of 
filing the proposal with GSA and provide interested parties at least 30 
calendar days to submit comments before filing the proposal.



Sec.  102-37.170  What happens if a SASP does not operate in accordance
with its plan?

    If a SASP does not operate in accordance with its plan, GSA may 
withhold allocation and transfer of surplus property until the 
nonconformance is corrected.

                    Screening and Requesting Property



Sec.  102-37.175  How does a SASP find out what property is potentially
available for donation?

    (a) A SASP may conduct onsite screening at various Federal 
facilities, contact or submit want lists to GSA, or use GSA's or other 
agencies' computerized inventory system to electronically search for 
property that is potentially available for donation (see Sec.  102-36.90 
for information on GSAXcess).
    (b) For the SASP (or a SASP's representative) to perform onsite 
screening, the screener must coordinate the onsite visit and screening 
with the individual holding agency or organization. The screener should 
ascertain the identification required and any special procedures for 
access to the facility or location.

[67 FR 2584, Jan. 18, 2002, as amended at 79 FR 64514, Oct. 30, 2014]



Sec. Sec.  102-37.180--102-37.185  [Reserved]



Sec.  102-37.190  What records must a SASP maintain on authorized 
screeners?

    You must maintain a current record of all individuals authorized to 
screen for your SASP, including their names, addresses, telephone 
numbers, qualifications to screen, and any additional identifying 
information such as driver's license or social security numbers. In the 
case of donee screeners, you should place such records in the donee's 
eligibility file and review for currency each time a periodic review of 
the donee's file is undertaken.



Sec.  102-37.195  Does a SASP have to have a donee in mind to request
surplus property?

    Generally yes, you should have a firm requirement or an anticipated 
demand for any property that you request.



Sec.  102-37.200  What certifications must a SASP make when requesting
surplus property for donation?

    When requesting or applying for property, you must certify that:
    (a) You are the agency of the State designated under State law that 
has legal authority under 40 U.S.C. 549 and GSA regulations, to receive 
property for distribution within the State to eligible donees as defined 
in this part.
    (b) No person with supervisory or managerial duties in your State's 
donation program is debarred, suspended, ineligible, or voluntarily 
excluded from participating in the donation program.
    (c) The property is usable and needed within the State by:

[[Page 120]]

    (1) A public agency for one or more public purposes.
    (2) An eligible nonprofit organization or institution which is 
exempt from taxation under section 501 of the Internal Revenue Code (26 
U.S.C. 501), for the purpose of education or public health (including 
research for any such purpose).
    (3) An eligible nonprofit activity for programs for older 
individuals.
    (4) A service educational activity (SEA), for DOD-generated property 
only.
    (d) When property is picked up by, or shipped to, your SASP, you 
have adequate and available funds, facilities, and personnel to provide 
accountability, warehousing, proper maintenance, and distribution of the 
property.
    (e) When property is distributed by your SASP to a donee, or when 
delivery is made directly from a holding agency to a donee pursuant to a 
State distribution document, you have determined that the donee 
acquiring the property is eligible within the meaning of the Property 
Act and GSA regulations, and that the property is usable and needed by 
the donee.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.205  What agreements must a SASP make?

    With respect to surplus property picked up by or shipped to your 
SASP, you must agree to the following:
    (a) You will make prompt statewide distribution of such property, on 
a fair and equitable basis, to donees eligible to acquire property under 
40 U.S.C. 549 and GSA regulations. You will distribute property only 
after such eligible donees have properly executed the appropriate 
certifications and agreements established by your SASP and/or GSA.
    (b) Title to the property remains in the United States Government 
although you have taken possession of it. Conditional title to the 
property will pass to the eligible donee when the donee executes the 
required certifications and agreements and takes possession of the 
property.
    (c) You will:
    (1) Promptly pay the cost of care, handling, and shipping incident 
to taking possession of the property.
    (2) During the time that title remains in the United States 
Government, be responsible as a bailee for the property from the time it 
is released to you or to the transportation agent you have designated.
    (3) In the event of any loss of or damage to any or all of the 
property during transportation or storage at a place other than a place 
under your control, take the necessary action to obtain restitution 
(fair market value) for the Government. In the event of loss or damage 
due to negligence or willful misconduct on your part, repair, replace, 
or pay to the GSA the fair market value of any such property, or take 
such other action as the GSA may direct.
    (d) You may retain property to perform your donation program 
functions, but only when authorized by GSA in accordance with the 
provisions of a cooperative agreement entered into with GSA.
    (e) When acting under an interstate cooperative distribution 
agreement (see Sec.  102-37.335) as an agent and authorized 
representative of an adjacent State, you will:
    (1) Make the certifications and agreements required in Sec.  102-
37.200 and this section on behalf of the adjacent SASP.
    (2) Require the donee to execute the distribution documents of the 
State in which the donee is located.
    (3) Forward copies of the distribution documents to the 
corresponding SASP.
    (f) You will not discriminate on the basis of race, color, national 
origin, sex, age, or handicap in the distribution of property, and will 
comply with GSA regulations on nondiscrimination as set forth in parts 
101-4, subparts 101-6.2, and 101-8.3 of this title.
    (g) You will not seek to hold the United States Government liable 
for consequential or incidental damages or the personal injuries, 
disabilities, or death to any person arising from the transfer, 
donation, use, processing, or final disposition of this property. The 
Government's liability in any event is limited in scope to that provided 
for by

[[Page 121]]

the Federal Tort Claims Act (28 U.S.C. 2671, et seq.).

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.210  Must a SASP make a drug-free workplace certification
when requesting surplus property for donation?

    No, you must certify that you will provide a drug-free workplace 
only as a condition for retaining surplus property for SASP use. Drug-
free workplace certification requirements are found at part 105-68, 
subpart 105-68.6, of this title.



Sec.  102-37.215  When must a SASP make a certification regarding 
lobbying?

    You are subject to the anti-lobbying certification and disclosure 
requirements in part 105-69 of this title when all of the following 
conditions apply:
    (a) You have entered into a cooperative agreement with GSA that 
provides for your SASP to retain surplus property for use in performing 
donation functions or any other cooperative agreement.
    (b) The cooperative agreement was executed after December 23, 1989.
    (c) The fair market value of the property requested under the 
cooperative agreement is more than $100,000.

                  Justifying Special Transfer Requests



Sec.  102-37.220  Are there special types of surplus property that
require written justification when submitting a transfer request?

    Yes, a SASP must obtain written justification from the intended 
donee, and submit it to GSA along with the transfer request, prior to 
allocation of:
    (a) Aircraft and vessels covered by Sec.  102-37.455;
    (b) Items requested specifically for cannibalization;
    (c) Foreign gifts and decorations (see part 102-42 of this chapter);
    (d) Items containing 50 parts per million or greater of 
polychlorinated biphenyl (see part 101-42 of this title);
    (e) Firearms as described in part 101-42 of this title; and
    (f) Any item on which written justification will assist GSA in 
making allocation to States with the greatest need.



Sec.  102-37.225  What information or documentation must a SASP provide
when requesting a surplus aircraft or vessel?

    (a) For each SF 123 that you submit to GSA for transfer of a surplus 
aircraft or vessel covered by Sec.  102-37.455 include:
    (1) A letter of intent, signed and dated by the authorized 
representative of the proposed donee setting forth a detailed plan of 
utilization for the property (see Sec.  102-37.230 for information a 
donee has to include in the letter of intent); and
    (2) A letter, signed and dated by you, confirming and certifying the 
applicant's eligibility and containing an evaluation of the applicant's 
ability to use the aircraft or vessel for the purpose stated in its 
letter of intent and any other supplemental information concerning the 
needs of the donee which supports making the allocation.
    (b) For each SF 123 that GSA approves, you must include:
    (1) Your distribution document, signed and dated by the authorized 
donee representative; and
    (2) A conditional transfer document, signed by you and the intended 
donee, and containing the special terms and conditions prescribed by 
GSA.



Sec.  102-37.230  What must a letter of intent for obtaining surplus 
aircraft or vessels include?

    A letter of intent for obtaining surplus aircraft or vessels must 
provide:
    (a) A description of the aircraft or vessel requested. If the item 
is an aircraft, the description must include the manufacturer, date of 
manufacture, model, and serial number. If the item is a vessel, it must 
include the type, name, class, size, displacement, length, beam, draft, 
lift capacity, and the hull or registry number, if known;
    (b) A detailed description of the donee's program and the number and 
types of aircraft or vessels it currently owns;
    (c) A detailed description of how the aircraft or vessel will be 
used, its purpose, how often and for how long. If an aircraft is 
requested for flight purposes, the donee must specify a source

[[Page 122]]

of pilot(s) and where the aircraft will be housed. If an aircraft is 
requested for cannibalization, the donee must provide details of the 
cannibalization process (time to complete the cannibalization process, 
how recovered parts are to be used, method of accounting for usable 
parts, disposition of unsalvageable parts, etc.) If a vessel is 
requested for waterway purposes, the donee must specify a source of 
pilot(s) and where the vessel will be docked. If a vessel is requested 
for permanent docking on water or land, the donee must provide details 
of the process, including the time to complete the process; and
    (d) Any supplemental information (such as geographical area and 
population served, number of students enrolled in educational programs, 
etc.) supporting the donee's need for the aircraft or vessel.



Sec.  102-37.235  What type of information must a SASP provide when 
requesting surplus property for cannibalization?

    When a donee wants surplus property to cannibalize, include the 
following statement on the SF 123: ``Line Item Number(s)___requested for 
cannibalization.''. In addition to including this statement, provide a 
detailed justification concerning the need for the components or 
accessories and an explanation of the effect removal will have on the 
item. GSA will approve requests for cannibalization only when it is 
clear from the justification that disassembly of the item for use of its 
component parts will provide greater potential benefit than use of the 
item in its existing form.



Sec.  102-37.240  How must a transfer request for surplus firearms be
justified?

    To justify a transfer request for surplus firearms, the requesting 
SASP must obtain and submit to GSA a letter of intent from the intended 
donee that provides:
    (a) Identification of the donee applicant, including its legal name 
and complete address and the name, title, and telephone number of its 
authorized representative;
    (b) The number of compensated officers with the power to apprehend 
and to arrest;
    (c) A description of the firearm(s) requested;
    (d) Details on the planned use of the firearm(s); and
    (e) The number and types of donated firearms received during the 
previous 12 months through any other Federal program.

                     Custody, Care, and Safekeeping



Sec.  102-37.245  What must a SASP do to safeguard surplus property
in its custody?

    To safeguard surplus property in your custody, you must provide 
adequate protection of property in your custody, including protection 
against the hazards of fire, theft, vandalism, and weather.



Sec.  102-37.250  What actions must a SASP take when it learns of damage
to or loss of surplus property in its custody?

    If you learn that surplus property in your custody has been damaged 
or lost, you must always notify GSA and notify the appropriate law 
enforcement officials if a crime has been committed.



Sec.  102-37.255  Must a SASP insure surplus property against loss
or damage?

    No, you are not required to carry insurance on Federal surplus 
property in your custody. However, if you elect to carry insurance and 
the insured property is lost or damaged, you must submit a check made 
payable to GSA for any insurance proceeds received in excess of your 
actual costs of acquiring and rehabilitating the property prior to its 
loss, damage, or destruction.

                        Distribution of Property



Sec.  102-37.260  How must a SASP document the distribution of surplus
property?

    All SASPs must document the distribution of Federal surplus property 
on forms that are prenumbered, provide for donees to indicate the 
primary purposes for which they are acquiring property, and include the:

[[Page 123]]

    (a) Certifications and agreements in Sec. Sec.  102-37.200 and 102-
37.205; and
    (b) Period of restriction during which the donee must use the 
property for the purpose for which it was acquired.



Sec.  102-37.265  May a SASP distribute surplus property to eligible
donees of another State?

    Yes, you may distribute surplus property to eligible donees of 
another State, if you and the other SASP determine that such an 
arrangement will be of mutual benefit to you and the donees concerned. 
Where such determinations are made, an interstate distribution 
cooperative agreement must be prepared as prescribed in Sec.  102-37.335 
and submitted to the appropriate GSA regional office for approval. When 
acting under an interstate distribution cooperative agreement, you must:
    (a) Require the donee recipient to execute the distribution 
documents of its home SASP; and
    (b) Forward copies of executed distribution documents to the donee's 
home SASP.



Sec.  102-37.270  May a SASP retain surplus property for its own use?

    Yes, you can retain surplus property for use in operating the 
donation program, but only if you have a cooperative agreement with GSA 
that allows you to do so. You must obtain prior GSA approval before 
using any surplus property in the operation of the SASP. Make your needs 
known by submitting a listing of needed property to the appropriate GSA 
regional office for approval. GSA will review the list to ensure that it 
is of the type and quantity of property that is reasonably needed and 
useful in performing SASP operations. GSA will notify you within 30 
calendar days whether you may retain the property for use in your 
operations. Title to any surplus property GSA approves for your 
retention will vest in your SASP. You must maintain separate records for 
such property.

                      Service and Handling Charges



Sec.  102-37.275  May a SASP accept personal checks and non-official
payment methods in payment of service charges?

    No, service charge payments must readily identify the donee 
institution as the payer (or the name of the parent organization when 
that organization pays the operational expenses of the donee). Personal 
checks, personal cashier checks, personal money orders, and personal 
credit cards are not acceptable.



Sec.  102-37.280  How may a SASP use service charge funds?

    Funds accumulated from service charges may be deposited, invested, 
or used in accordance with State law to:
    (a) Cover direct and reasonable indirect costs of operating the 
SASP;
    (b) Purchase necessary equipment for the SASP;
    (c) Maintain a reasonable working capital reserve;
    (d) Rehabilitate surplus property, including the purchase of 
replacement parts;
    (e) Acquire or improve office or distribution center facilities; or
    (f) Pay for the costs of internal and external audits.



Sec.  102-37.285  May a SASP use service charge funds to support
non-SASP State activities and programs?

    No, except as provided in Sec.  102-37.495, you must use funds 
collected from service charges, or from other sources such as proceeds 
from sale of undistributed property or funds collected from compliance 
cases, solely for the operation of the SASP and the benefit of 
participating donees.

                   Disposing of Undistributed Property



Sec.  102-37.290  What must a SASP do with surplus property it cannot
donate?

    (a) As soon as it becomes clear that you cannot donate the surplus 
property, you should first determine whether or not the property is 
usable.
    (1) If you determine that the undistributed surplus property is not 
usable,

[[Page 124]]

you should seek GSA approval to abandon or destroy the property in 
accordance with Sec.  102-37.320.
    (2) If you determine that the undistributed surplus property is 
usable, you should immediately offer it to other SASPs. If other SASPs 
cannot use the property, you should promptly report it to GSA for 
redisposal (i.e., disposition through retransfer, sale, or other means).
    (b) Normally, any property not donated within a 1-year period should 
be processed in this manner.



Sec.  102-37.295  Must GSA approve a transfer between SASPs?

    Yes, the requesting SASP must submit a SF 123, Transfer Order 
Surplus Personal Property, to the GSA regional office in which the 
releasing SASP is located. GSA will approve or disapprove the request 
within 30 calendar days of receipt of the transfer order.



Sec.  102-37.300  What information must a SASP provide GSA when reporting
unneeded usable property for disposal?

    When reporting unneeded usable property that is not required for 
transfer to another SASP, provide GSA with the:
    (a) Best possible description of each line item of property, its 
current condition code, quantity, unit and total acquisition cost, State 
serial number, demilitarization code, and any special handling 
conditions;
    (b) Date you received each line item of property listed; and
    (c) Certification of reimbursement requested under Sec.  102-37.315.



Sec.  102-37.305  May a SASP act as GSA's agent in selling undistributed
surplus property (either as usable property or scrap)?

    Yes, you may act as GSA's agent in selling undistributed surplus 
property (either as usable property or scrap) if an established 
cooperative agreement with GSA permits such an action. You must notify 
GSA each time you propose to conduct a sale under the cooperative 
agreement. You may request approval to conduct a sale when reporting the 
property to GSA for disposal instructions. If no formal agreement 
exists, you may submit such an agreement at that time for approval.



Sec.  102-37.310  What must a proposal to sell undistributed surplus
property include?

    (a) Your request to sell undistributed surplus property must 
include:
    (1) The proposed sale date;
    (2) A listing of the property;
    (3) Location of the sale;
    (4) Method of sale; and
    (5) Proposed advertising to be used.
    (b) If the request is approved, the GSA regional sales office will 
provide the necessary forms and instructions for you to use in 
conducting the sale.



Sec.  102-37.315  What costs may a SASP recover if undistributed surplus
property is retransferred or sold?

    (a) When undistributed surplus property is transferred to a Federal 
agency or another SASP, or disposed of by public sale, you are entitled 
to recoup:
    (1) Direct costs you initially paid to the Federal holding agency, 
including but not limited to, packing, preparation for shipment, and 
loading. You will not be reimbursed for actions following receipt of the 
property, including unloading, moving, repairing, preserving, or 
storage.
    (2) Transportation costs you incurred, but were not reimbursed by a 
donee, for initially moving the property from the Federal holding agency 
to your distribution facility or other point of receipt. You must 
document and certify the amount of reimbursement requested for these 
costs.
    (b) Reimbursable arrangements should be made prior to transfer of 
the property. In the case of a Federal transfer, GSA will secure 
agreement of the Federal agency to reimburse your authorized costs, and 
annotate the amount of reimbursement on the transfer document. You must 
coordinate and make arrangements for reimbursement when property is 
transferred to another SASP. If you and the receiving SASP cannot agree 
on an appropriate reimbursement charge, GSA will determine appropriate 
reimbursement. The receiving SASP must annotate the reimbursement amount 
on the transfer document prior to its being forwarded to GSA for 
approval.

[[Page 125]]

    (c) When undistributed property is disposed of by public sale, GSA 
must approve the amount of sales proceeds you may receive to cover your 
costs. Generally, this will not exceed 50 percent of the total sales 
proceeds.



Sec.  102-37.320  Under what conditions may a SASP abandon or destroy 
undistributed surplus property?

    (a) You may abandon or destroy undistributed surplus property when 
you have made a written finding that the property has no commercial 
value or the estimated cost of its continued care and handling would 
exceed the estimated proceeds from its sale. The abandonment or 
destruction finding must be sent to the appropriate GSA regional office 
for approval. You must include in the finding:
    (1) The basis for the abandonment or destruction;
    (2) A detailed description of the property, its condition, and total 
acquisition cost;
    (3) The proposed method of destruction (burning, burying, etc.) or 
the abandonment location;
    (4) A statement confirming that the proposed abandonment or 
destruction will not be detrimental or dangerous to public health or 
safety and will not infringe on the rights of other persons; and
    (5) The signature of the SASP director requesting approval for the 
abandonment or destruction.
    (b) GSA will notify you within 30 calendar days whether you may 
abandon or destroy the property. GSA will provide alternate disposition 
instructions if it disapproves your request for abandonment or 
destruction. If GSA doesn't reply to you within 30 calendar days of 
notification, the property may be abandoned or destroyed.

                         Cooperative Agreements



Sec.  102-37.325  With whom and for what purpose(s) may a SASP enter
into a cooperative agreement?

    Section 549(f) of title 40, United States Code allows GSA, or 
Federal agencies designated by GSA, to enter into cooperative agreements 
with SASPs to carry out the surplus property donation program. Such 
agreements allow GSA, or the designated Federal agencies, to use the 
SASP's property, facilities, personnel, or services or to furnish such 
resources to the SASP. For example:
    (a) Regional GSA personal property management offices, or designated 
Federal agencies, may enter into a cooperative agreement to assist a 
SASP in distributing surplus property for donation. Assistance may 
include:
    (1) Furnishing the SASP with available GSA or agency office space 
and related support such as office furniture and information technology 
equipment needed to screen and process property for donation.
    (2) Permitting the SASP to retain items of surplus property 
transferred to the SASP that are needed by the SASP in performing its 
donation functions (see Sec.  102-37.270).
    (b) Regional GSA personal property management offices may help the 
SASP to enter into agreements with other GSA or Federal activities for 
the use of Federal telecommunications service or federally-owned real 
property and related personal property.
    (c) A SASP may enter into a cooperative agreement with GSA to 
conduct sales of undistributed property on behalf of GSA (see Sec.  102-
37.305).

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.330  Must the costs of providing support under a cooperative
agreement be reimbursed by the parties receiving such support?

    The parties to a cooperative agreement must decide among themselves 
the extent to which the costs of the services they provide must be 
reimbursed. Their decision should be reflected in the cooperative 
agreement itself. As a general rule, the Economy Act (31 U.S.C. 1535) 
would require a Federal agency receiving services from a SASP to 
reimburse the SASP for those services. Since SASPs are not Federal 
agencies, the Economy Act would not require them to reimburse Federal 
agencies for services provided by such agencies. In this situation, the 
Federal agencies would have to determine whether or not their own 
authorities would permit them to provide services to SASPs without 
reimbursement. If a Federal agency is reimbursed by a

[[Page 126]]

SASP for services provided under a cooperative agreement, it must credit 
that payment to the fund or appropriation that incurred the related 
costs.



Sec.  102-37.335  May a SASP enter into a cooperative agreement with
another SASP?

    Yes, with GSA's concurrence and where authorized by State law, a 
SASP may enter into an agreement with an adjacent State to act as its 
agent and authorized representative in disposing of surplus Federal 
property. Interstate cooperative agreements may be considered when 
donees, because of their geographic proximity to the property 
distribution centers of the adjoining State, could be more efficiently 
and economically serviced by surplus property facilities in the adjacent 
State. You and the other SASP must agree to the payment or reimbursement 
of service charges by the donee and you also must agree to the 
requirements of Sec.  102-37.205(e).



Sec.  102-37.340  When may a SASP terminate a cooperative agreement?

    You may terminate a cooperative agreement with GSA 60-calendar days 
after providing GSA with written notice. For other cooperative 
agreements with other authorized parties, you or the other party may 
terminate the agreement as mutually agreed. You must promptly notify GSA 
when such other agreements are terminated.

                           Audits and Reviews



Sec.  102-37.345  When must a SASP be audited?

    For each year in which a SASP receives $500,000 or more a year in 
surplus property or other Federal assistance, it must be audited in 
accordance with the Single Audit Act (31 U.S.C. 7501-7507) as 
implemented by Office of Management and Budget (OMB) Circular A-133, 
``Audits of States, Local Governments, and Non-Profit Organizations'' 
(for availability see 5 CFR 1310.3). GSA's donation program should be 
identified by Catalog of Federal Domestic Assistance number 39.003 when 
completing the required schedule of Federal assistance.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.350  Does coverage under the single audit process in
OMB Circular A-133 exempt a SASP from other reviews of its program?

    No, although SASPs are covered under the single audit process in OMB 
Circular A-133, from time to time the Government Accountability Office 
(GAO), GSA, or other authorized Federal activities may audit or review 
the operations of a SASP. GSA will notify the chief executive officer of 
the State of the reasons for a GSA audit. When requested, you must make 
available financial records and all other records of the SASP for 
inspection by representatives of GSA, GAO, or other authorized Federal 
activities.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.355  What obligations does a SASP have to ensure that
donees meet Circular A-133 requirements?

    SASPs, if they donate $500,000 or more in Federal property to a 
donee in a fiscal year, must ensure that the donee has an audit 
performed in accordance with Circular A-133. If a donee receives less 
than $500,000 in donated property, the SASP is not expected to assume 
responsibility for ensuring the donee meets audit requirements, beyond 
making sure the donee is aware that the requirements do exist. It is the 
donee's responsibility to identify and determine the amount of Federal 
assistance it has received and to arrange for audit coverage.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]

                                 Reports



Sec.  102-37.360  What reports must a SASP provide to GSA?

    (a) Quarterly report on donations. Submit a GSA Form 3040, State 
Agency Monthly Donation Report of Surplus Personal Property, to the 
appropriate GSA regional office by the 25th day of the month following 
the quarter being reported. (OMB Control Number 3090-0112 has been 
assigned to this form.)

[[Page 127]]

Forms and instructions for completing the form are available from your 
servicing GSA office.
    (b) Additional reports. Make other reports GSA may require to carry 
out its discretionary authority to transfer surplus personal property 
for donation and to report to the Congress on the status and progress of 
the donation program.

                           Liquidating a SASP



Sec.  102-37.365  What steps must a SASP take if the State decides to 
liquidate the agency?

    Before suspending operations, a SASP must submit to GSA a 
liquidation plan that includes:
    (a) Reasons for the liquidation;
    (b) A schedule for liquidating the agency and the estimated date of 
termination;
    (c) Method of disposing of property on hand under the requirements 
of this part;
    (d) Method of disposing of the agency's physical and financial 
assets;
    (e) Retention of all available records of the SASP for a 2-year 
period following liquidation; and
    (f) Designation of another governmental entity to serve as the 
agency's successor in function until continuing obligations on property 
donated prior to the closing of the agency are fulfilled.



Sec.  102-37.370  Do liquidation plans require public notice?

    Yes, a liquidation plan constitutes a major amendment of a SASP's 
plan of operation and, as such, requires public notice.



 Subpart E_Donations to Public Agencies, Service Educational Activities 
              (SEAs), and Eligible Nonprofit Organizations



Sec.  102-37.375  How is the pronoun ``you'' used in this subpart?

    The pronoun ``you,'' when used in this subpart, refers to the State 
agency for surplus property (SASP).



Sec.  102-37.380  What is the statutory authority for donations of
surplus Federal property made under this subpart?

    The following statutes provide the authority to donate surplus 
Federal property to different types of recipients:
    (a) Section 549(d) of title 40, United States Code authorizes 
surplus property under the control of the Department of Defense (DOD) to 
be donated, through SASPs, to educational activities which are of 
special interest to the armed services (referred to in this part 102-37 
as service educational activities or SEAs).
    (b) Section 549(c)(3) of title 40, United States Code authorizes 
SASPs to donate surplus property to public agencies and to nonprofit 
educational or public health institutions, such as:
    (1) Medical institutions.
    (2) Hospitals.
    (3) Clinics.
    (4) Health centers.
    (5) Drug abuse or alcohol treatment centers.
    (6) Providers of assistance to homeless individuals.
    (7) Providers of assistance to impoverished families and 
individuals.
    (8) Schools.
    (9) Colleges.
    (10) Universities.
    (11) Schools for the mentally disabled.
    (12) Schools for the physically disabled.
    (13) Child care centers.
    (14) Radio and television stations licensed by the Federal 
Communications Commission as educational radio or educational television 
stations.
    (15) Museums attended by the public.
    (16) Libraries, serving free all residents of a community, district, 
State or region.
    (17) Historic light stations as defined under section 308(e)(2) of 
the National Historic Preservation Act (16 U.S.C. 470w-7(e)(2)), 
including a historic light station conveyed under subsection (b) of that 
section, notwithstanding the number of hours that the historic light 
station is open to the public.
    (c) Section 213 of the Older Americans Act of 1965, as amended (42 
U.S.C. 3020d), authorizes donations of surplus

[[Page 128]]

property to State or local government agencies, or nonprofit 
organizations or institutions, that receive Federal funding to conduct 
programs for older individuals.
    (d) Section 549(c)(3)(C) of title 40, United States Code authorizes 
SASPs to donate property to veterans organizations, for purposes of 
providing services to veterans (as defined in section 101 of title 38). 
Eligible veterans organizations are those whose:
    (1) Membership comprises substantially veterans; and
    (2) Representatives are recognized by the Secretary of Veterans 
Affairs under section 5902 of title 38.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006; 72 
FR 12572, Mar. 16, 2007; 79 FR 64514, Oct. 30, 2014]

                            Donee Eligibility



Sec.  102-37.385  Who determines if a prospective donee applicant is
eligible to receive surplus property under this subpart?

    (a) For most public and nonprofit activities, the SASP determines if 
an applicant is eligible to receive property as a public agency, a 
nonprofit educational or public health institution, or for a program for 
older individuals. A SASP may request GSA assistance or guidance in 
making such determinations.
    (b) For applicants that offer courses of instruction devoted to the 
military arts and sciences, the Defense Department will determine 
eligibility to receive surplus property through the SASP as a service 
educational activity or SEA.



Sec.  102-37.390  What basic criteria must an applicant meet before a 
SASP can qualify it for eligibility?

    To qualify for donation program eligibility through a SASP, an 
applicant must:
    (a) Conform to the definition of one of the categories of eligible 
entities listed in Sec.  102-37.380 (see appendix C of this part for 
definitions);
    (b) Demonstrate that it meets any approval, accreditation, or 
licensing requirements for operation of its program;
    (c) Prove that it is a public agency or a nonprofit and tax-exempt 
organization under section 501 of the Internal Revenue Code;
    (d) Certify that it is not debarred, suspended, or excluded from any 
Federal program, including procurement programs; and
    (e) Operate in compliance with applicable Federal nondiscrimination 
statutes.



Sec.  102-37.395  How can a SASP determine whether an applicant meets 
any required approval, accreditation, or licensing requirements?

    A SASP may accept the following documentation as evidence that an 
applicant has met established standards for the operation of its 
educational or health program:
    (a) A certificate or letter from a nationally recognized accrediting 
agency affirming the applicant meets the agency's standards and 
requirements.
    (b) The applicant's appearance on a list with other similarly 
approved or accredited institutions or programs when that list is 
published by a State, regional, or national accrediting authority.
    (c) Letters from State or local authorities (such as a board of 
health or a board of education) stating that the applicant meets the 
standards prescribed for approved or accredited institutions and 
organizations.
    (d) In the case of educational activities, letters from three 
accredited or State-approved institutions that students from the 
applicant institution have been and are being accepted.
    (e) In the case of public health institutions, licensing may be 
accepted as evidence of approval, provided the licensing authority 
prescribes the medical requirements and standards for the professional 
and technical services of the institution.
    (f) The awarding of research grants to the institution by a 
recognized authority such as the National Institutes of Health, the 
National Institute of Education, or by similar national advisory council 
or organization.



Sec.  102-37.400  What type of eligibility information must a SASP 
maintain on donees?

    In general, you must maintain the records required by your State 
plan to

[[Page 129]]

document donee eligibility (see appendix B of this part). For SEAs, you 
must maintain separate records that include:
    (a) Documentation verifying that the activity has been designated as 
eligible by DOD to receive surplus DOD property.
    (b) A statement designating one or more donee representative(s) to 
act for the SEA in acquiring property.
    (c) A listing of the types of property that are needed or have been 
authorized by DOD for use in the SEA's program.



Sec.  102-37.405  How often must a SASP update donee eligibility records?

    You must update donee eligibility records as needed, but no less 
than every 3 years, to ensure that all documentation supporting the 
donee's eligibility is current and accurate. Annually, you must update 
files for nonprofit organizations whose eligibility depends on annual 
appropriations, annual licensing, or annual certification. Particular 
care must be taken to ensure that all records relating to the authority 
of donee representatives to receive and receipt for property, or to 
screen property at Federal facilities, are current.



Sec.  102-37.410  What must a SASP do if a donee fails to maintain its
eligibility status?

    If you determine that a donee has failed to maintain its eligibility 
status, you must terminate distribution of property to that donee, 
recover any usable property still under Federal restriction (as outlined 
in Sec.  102-37.465), and take any other required compliance actions.



Sec.  102-37.415  What should a SASP do if an applicant appeals a negative
eligibility determination?

    If an applicant appeals a negative eligibility determination, 
forward complete documentation on the appeal request, including your 
comments and recommendations, to the applicable GSA regional office for 
review and coordination with GSA headquarters. GSA's decision will be 
final.

                         Conditional Eligibility



Sec.  102-37.420  May a SASP grant conditional eligibility to applicants
who would otherwise qualify as eligible donees, but have been unable to 
obtain 
          approval, accreditation, or licensing because they are newly 
          organized or their facilities are not yet constructed?

    You may grant conditional eligibility to such an applicant provided 
it submits a statement from any required approving, accrediting, or 
licensing authority confirming it will be approved, accredited, or 
licensed. Conditional eligibility may be granted for a limited and 
reasonable time, not to exceed one year.

[67 FR 2584, Jan. 18, 2002, as amended at 79 FR 64514, Oct. 30, 2014]



Sec.  102-37.425  May a SASP grant conditional eligibility to a 
not-for-profit organization whose tax-exempt status is pending?

    No, under no circumstances may you grant conditional eligibility 
prior to receiving from the applicant a copy of a letter of 
determination by the Internal Revenue Service stating that the applicant 
is exempt from Federal taxation under section 501 of the Internal 
Revenue Code.



Sec.  102-37.430  What property can a SASP make available to a donees
with conditional eligibility?

    You may only make available surplus property that the donee can use 
immediately. You may not make available property that will only be used 
at a later date, for example, after the construction of the donee's 
facility has been completed. If property is provided to the donee with 
conditional eligibility, and the conditional eligibility lapses (see 
Sec.  102-37.420), the property must be returned to the SASP for 
redistribution or disposal.

[67 FR 2584, Jan. 18, 2002, as amended at 79 FR 64514, Oct. 30, 2014]

[[Page 130]]

                    Terms and Conditions of Donation



Sec.  102-37.435  For what purposes may donees acquire and use surplus 
property?

    A donee may acquire and use surplus property only for the following 
authorized purposes:
    (a) Public purposes. A public agency that acquires surplus property 
through a SASP must use such property to carry out or to promote one or 
more public purposes for the people it serves.
    (b) Educational and public health purposes, including related 
research. A nonprofit educational or public health institution must use 
surplus property for education or public health, including research for 
either purpose and assistance to the homeless or impoverished. While 
this does not preclude the use of donated surplus property for a related 
or subsidiary purpose incident to the institution's overall program, the 
property may not be used for a nonrelated or commercial purpose.
    (c) Programs for older individuals. An entity that conducts a 
program for older individuals must use donated surplus property to 
provide services that are necessary for the general welfare of older 
individuals, such as social services, transportation services, nutrition 
services, legal services, and multipurpose senior centers.



Sec.  102-37.440  May donees acquire property for exchange?

    No, a donee may not acquire property with the intent to sell or 
trade it for other assets.



Sec.  102-37.445  What certifications must a donee make before receiving
property?

    Prior to a SASP releasing property to a donee, the donee must 
certify that:
    (a) It is a public agency or a nonprofit organization meeting the 
requirements of the Property Act and/or regulations of GSA;
    (b) It is acquiring the property for its own use and will use the 
property for authorized purposes;
    (c) Funds are available to pay all costs and charges incident to the 
donation;
    (d) It will comply with the nondiscrimination regulations issued 
under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-
4), section 122 of title 40, United States Code, section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681-1688), as amended, and 
section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); 
and
    (e) It isn't currently debarred, suspended, declared ineligible, or 
otherwise excluded from receiving the property.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.450  What agreements must a donee make?

    Before a SASP may release property to a donee, the donee must agree 
to the following conditions:
    (a) The property is acquired on an ``as is, where is'' basis, 
without warranty of any kind, and it will 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 property, its use, or final disposition.
    (b) It will return to the SASP, at its own expense, any donated 
property:
    (1) That is not placed in use for the purposes for which it was 
donated within 1 year of donation; or
    (2) Which ceases to be used for such purposes within 1 year after 
being placed in use.
    (c) It will comply with the terms and conditions imposed by the SASP 
on the use of any item of property having a unit acquisition cost of 
$5,000 or more and any passenger motor vehicle or other donated item. 
(Not applicable to SEAs.)
    (d) It agrees that, upon execution of the SASP distribution 
document, it has conditional title only to the property during the 
applicable period of restriction. Full title to the property will vest 
in the donee only after the donee has met all of the requirements of 
this part.
    (e) It will comply with conditions imposed by GSA, if any, requiring 
special handling or use limitations on donated property.

[[Page 131]]

    (f) It will use the property for an authorized purpose during the 
period of restriction.
    (g) It will obtain permission from the SASP before selling, trading, 
leasing, loaning, bailing, cannibalizing, encumbering or otherwise 
disposing of property during the period of restriction, or removing it 
permanently for use outside the State.
    (h) It will report to the SASP on the use, condition, and location 
of donated property, and on other pertinent matters as the SASP may 
require from time to time.
    (i) If an insured loss of the property occurs during the period of 
restriction, GSA or the SASP (depending on which agency has imposed the 
restriction) will be entitled to reimbursement out of the insurance 
proceeds of an amount equal to the unamortized portion of the fair 
market value of the damaged or destroyed item.

                   Special Handling or Use Conditions



Sec.  102-37.455  On what categories of surplus property has GSA 
imposed special handling conditions or use limitations?

    GSA has imposed special handling or processing requirements on the 
property discussed in this section. GSA may, on a case-by-case basis, 
prescribe additional restrictions for handling or using these items or 
prescribe special processing requirements on items in addition to those 
listed in this section.
    (a) Aircraft and vessels. The requirements of this section apply to 
the donation of any fixed- or rotary-wing aircraft and donable vessels 
that are 50 feet or more in length, having a unit acquisition cost of 
$5,000 or more, regardless of the purpose for which donated. Such 
aircraft or vessels may be donated to public agencies and eligible 
nonprofit activities provided the aircraft or vessel is not classified 
for reasons of national security and any lethal characteristics are 
removed. The following table provides locations of other policies and 
procedures governing aircraft and vessels:

------------------------------------------------------------------------
                  For. . .                             See. . .
------------------------------------------------------------------------
(1) Policies and procedures governing the    Part 102-33, subpart D, of
 donation of aircraft parts.                  this chapter.
------------------------------------------------------------------------
(2) Documentation needed by GSA to process   Sec.   102-37.225.
 requests for aircraft or vessels.
------------------------------------------------------------------------
(3) Special terms, conditions, and           Sec.   102-37.460.
 restrictions imposed on aircraft and
 vessels.
------------------------------------------------------------------------
(4) Guidelines on preparing letters of       Sec.   102-37.230.
 intent for aircraft or vessels.
------------------------------------------------------------------------

    (b) Alcohol. (1) When tax-free or specially denatured alcohol is 
requested for donation, the donee must have a special permit issued by 
the Assistant Regional Commissioner of the appropriate regional office, 
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of 
the Justice, in order to acquire the property. Include the ATF use-
permit number on the SF 123, Transfer Order Surplus Personal Property.
    (2) You may not store tax-free or specially denatured alcohol in 
SASP facilities. You must make arrangements for this property to be 
shipped or transported directly from the holding agency to the 
designated donee.
    (c) Hazardous materials, firearms, and property with unsafe or 
dangerous characteristics. For hazardous materials, firearms, and 
property with unsafe or dangerous characteristics, see part 101-42 of 
this title.
    (d) Franked and penalty mail envelopes and official letterhead. 
Franked and penalty mail envelopes and official letterhead may not be 
donated without the SASP certifying that all Federal Government markings 
will be obliterated before use.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.460  What special terms and conditions apply to the donation
of aircraft and vessels?

    The following special terms and conditions apply to the donation of 
aircraft and vessels:
    (a) There must be a period of restriction which will expire after 
the aircraft or vessel has been used for the purpose

[[Page 132]]

stated in the letter of intent (see Sec.  102-37.230) for a period of 5 
years, except that the period of restriction for a combat-configured 
aircraft is in perpetuity.
    (b) The donee of an aircraft must apply to the FAA for registration 
of an aircraft intended for flight use within 30 calendar days of 
receipt of the aircraft. The donee of a vessel must, within 30 calendar 
days of receipt of the vessel, apply for documentation of the vessel 
under applicable Federal, State, and local laws and must record each 
document with the U.S. Coast Guard at the port of documentation. The 
donee's application for registration or documentation must include a 
fully executed copy of the conditional transfer document and a copy of 
its letter of intent. The donee must provide the SASP and GSA with a 
copy of the FAA registration (and a copy of its FAA Standard 
Airworthiness Certificate if the aircraft is to be flown as a civil 
aircraft) or Coast Guard documentation.
    (c) The aircraft or vessel must be used solely in accordance with 
the executed conditional transfer document and the plan of utilization 
set forth in the donee's letter of intent, unless the donee has amended 
the letter, and it has been approved in writing by the SASP and GSA and 
a copy of the amendment recorded with FAA or the U.S. Coast Guard, as 
applicable.
    (d) In the event any of the terms and conditions imposed by the 
conditional transfer document are breached, title may revert to the 
Government. GSA may require the donee to return the aircraft or vessel 
or pay for any unauthorized disposal, transaction, or use.
    (e) If, during the period of restriction, the aircraft or vessel is 
no longer needed by the donee, the donee must promptly notify the SASP 
and request disposal instructions. A SASP may not issue disposal 
instructions without the prior written concurrence of GSA.
    (f) Military aircraft previously used for ground instruction and/or 
static display (Category B aircraft, as designated by DOD) or that are 
combat-configured (Category C aircraft) may not be donated for flight 
purposes.
    (g) For all aircraft donated for nonflight use, the donee must, 
within 30 calendar days of receipt of the aircraft, turn over to the 
SASP the remaining aircraft historical records (except the records of 
the major components/life limited parts; e.g., engines, transmissions, 
rotor blades, etc., necessary to substantiate their reuse). The SASP in 
turn must transmit the records to GSA for forwarding to the FAA.

                         Release of Restrictions



Sec.  102-37.465  May a SASP modify or release any of the terms and
conditions of donation?

    You may alter or grant releases from State-imposed restrictions, 
provided your State plan of operation sets forth the standards by which 
such actions will be taken. You may not grant releases from, or 
amendments or corrections to:
    (a) The terms and conditions you are required by the Property Act to 
impose on the use of passenger motor vehicles and any item of property 
having a unit acquisition cost of $5,000 or more.
    (b) Any special handling condition or use limitation imposed by GSA, 
except with the prior written approval of GSA.
    (c) The statutory requirement that usable property be returned by 
the donee to the SASP if the property has not been placed in use for the 
purposes for which it was donated within 1 year of donation or ceases to 
be used by the donee for those purposes within 1 year of being placed in 
use, except that:
    (1) You may grant authority to the donee to cannibalize property 
items subject to this requirement when you determine that such action 
will result in increased use of the property and that the proposed 
action meets the standards prescribed in your plan of operation.
    (2) You may, with the written concurrence of GSA, grant donees:
    (i) A time extension to place property into use if the delay in 
putting the property into use was beyond the control and without the 
fault or negligence of the donee.
    (ii) Authority to trade in one donated item for one like item having 
similar use potential.

[[Page 133]]



Sec.  102-37.470  At what point may restrictions be released on property
that has been authorized for cannibalization?

    Property authorized for cannibalization must remain under the period 
of restriction imposed by the transfer/distribution document until the 
proposed cannibalization is completed. Components resulting from the 
cannibalization, which have a unit acquisition cost of $5,000 or more, 
must remain under the restrictions imposed by the transfer/distribution 
document. Components with a unit acquisition cost of less than $5,000 
may be released upon cannibalization from the additional restrictions 
imposed by the State. However, these components must continue to be used 
or be otherwise disposed of in accordance with this part.



Sec.  102-37.475  What are the requirements for releasing restrictions
on property being considered for exchange?

    GSA must consent to the exchange of donated property under Federal 
restrictions or special handling conditions. The donee must have used 
the donated item for its acquired purpose for a minimum of 6 months 
prior to being considered for exchange, and it must be demonstrated that 
the exchange will result in increased utilization value to the donee. As 
a condition of approval of the exchange, the item being exchanged must 
have remained in compliance with the terms and conditions of the 
donation. Otherwise, Sec.  102-37.485 applies. The item acquired by the 
donee must be:
    (a) Made subject to the period of restriction remaining on the item 
exchanged; and
    (b) Of equal or greater value than the item exchanged.

                       Compliance and Utilization



Sec.  102-37.480  What must a SASP do to ensure that property is used
for the purpose(s) for which it was donated?

    You must conduct utilization reviews, as provided in your plan of 
operation, to ensure that donees are using surplus property during the 
period of restriction for the purposes for which it was donated. You 
must fully document your efforts and report all instances of 
noncompliance (misuse or mishandling of property) to GSA.



Sec.  102-37.485  What actions must a SASP take if a review or other
information indicates noncompliance with donation terms and conditions?

    If a review or other information indicates noncompliance with 
donation terms and conditions, you must:
    (a) Promptly investigate any suspected failure to comply with the 
conditions of donated property;
    (b) Notify GSA immediately where there is evidence or allegation of 
fraud, wrongdoing by a screener, or nonuse, misuse, or unauthorized 
disposal or destruction of donated property;
    (c) Temporarily defer any further donations of property to any donee 
to be investigated for noncompliance allegations until such time as the 
investigation has been completed and:
    (1) A determination made that the allegations are unfounded and the 
deferment is removed.
    (2) The allegations are substantiated and the donee is proposed for 
suspension or debarment; and
    (d) Take steps to correct the noncompliance or otherwise enforce the 
conditions imposed on use of the property if a donee is found to be in 
noncompliance. Enforcement of compliance may involve:
    (1) Ensuring the property is used by the present donee for the 
purpose for which it was donated.
    (2) Recovering the property from the donee for:
    (i) Redistribution to another donee within the State;
    (ii) Transfer through GSA to another SASP; or
    (iii) Transfer through GSA to a Federal agency.
    (3) Recovering fair market value or the proceeds of disposal in 
cases of unauthorized disposal or destruction.
    (4) Recovering fair rental value for property in cases where the 
property has been loaned or leased to an ineligible user or used for an 
unauthorized purpose.
    (5) Disposing of by public sale property no longer suitable, usable, 
or necessary for donation.

[[Page 134]]



Sec.  102-37.490  When must a SASP coordinate with GSA on compliance
actions?

    You must coordinate with GSA before selling or demanding payment of 
the fair market or fair rental value of donated property that is:
    (a) Subject to any special handling condition or use limitation 
imposed by GSA (see Sec.  102-37.455); or
    (b) Not properly used within 1 year of donation or which ceases to 
be properly used within 1 year of being placed in use.



Sec.  102-37.495  How must a SASP handle funds derived from compliance
actions?

    You must handle funds derived from compliance actions as follows:
    (a) Enforcement of Federal restrictions. You must promptly remit to 
GSA any funds derived from the enforcement of compliance involving a 
violation of any Federal restriction, for deposit in the Treasury of the 
United States. You must also submit any supporting documentation 
indicating the source of the funds and essential background information.
    (b) Enforcement of State restrictions. You may retain any funds 
derived from a compliance action involving violation of any State-
imposed restriction and use such funds as provided in your State plan of 
operation.

                        Returns and Reimbursement



Sec.  102-37.500  May a donee receive reimbursement for its donation 
expenses when unneeded property is returned to the SASP?

    When a donee returns unneeded property to a SASP, the donee may be 
reimbursed for all or part of the initial cost of any repairs required 
to make the property usable if:
    (a) The property is transferred to a Federal agency or sold for the 
benefit of the U.S. Government;
    (b) No breach of the terms and conditions of donation has occurred; 
and
    (c) GSA authorizes the reimbursement.



Sec.  102-37.505  How does a donee apply for and receive reimbursement
for unneeded property returned to a SASP?

    If the donee has incurred repair expenses for property it is 
returning to a SASP and wishes to be reimbursed for them, it will inform 
the SASP of this. The SASP will recommend for GSA approval a 
reimbursement amount, taking into consideration the benefit the donee 
has received from the use of the property and making appropriate 
deductions for that use.
    (a) If this property is subsequently transferred to a Federal 
agency, the receiving agency will be required to reimburse the donee as 
a condition of the transfer.
    (b) If the property is sold, the donee will be reimbursed from the 
sales proceeds.

                  Special Provisions Pertaining to SEAs



Sec.  102-37.510  Are there special requirements for donating property
to SEAs?

    Yes, only DOD-generated property may be donated to SEAs. When 
donating DOD property to an eligible SEA, SASPs must observe any 
restrictions the sponsoring Military Service may have imposed on the 
types of property the SEA may receive.



Sec.  102-37.515  Do SEAs have a priority over other SASP donees for
DOD property?

    Yes, SEAs have a priority over other SASP donees for DOD property, 
but only if DOD requests GSA to allocate surplus DOD property through a 
SASP for donation to a specific SEA. In such cases, DOD would be 
expected to clearly identify the items in question and briefly justify 
the request.



                 Subpart F_Donations to Public Airports



Sec.  102-37.520  What is the authority for public airport donations?

    The authority for public airport donations is 49 U.S.C. 47151. 49 
U.S.C. 47151 authorizes executive agencies to give priority 
consideration to requests from a public airport (as defined in 49

[[Page 135]]

U.S.C. 47102) for the donation of surplus property if the Department of 
Transportation (DOT) considers the property appropriate for airport 
purposes and GSA approves the donation.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.525  What should a holding agency do if it wants a public
airport to receive priority consideration for excess personal property
it has reported to GSA?

    A holding agency interested in giving priority consideration to a 
public airport should annotate its reporting document to make GSA aware 
of this interest. In an addendum to the document, include the name of 
the requesting airport, specific property requested, and a brief 
description of how the airport intends to use the property.



Sec.  102-37.530  What are FAA's responsibilities in the donation of
surplus property to public airports?

    In the donation of surplus property to public airports, the Federal 
Aviation Administration (FAA), acting under delegation from the DOT, is 
responsible for:
    (a) Determining the property requirements of any State, political 
subdivision of a State, or tax-supported organization for public airport 
use;
    (b) Setting eligibility requirements for public airports and making 
determinations of eligibility;
    (c) Certifying that property listed on a transfer request is 
desirable or necessary for public airport use;
    (d) Advising GSA of FAA officials authorized to certify transfer 
requests and notifying GSA of any changes in signatory authority;
    (e) Determining and enforcing compliance with the terms and 
conditions under which surplus personal property is transferred for 
public airport use; and
    (f) Authorizing public airports to visit holding agencies for the 
purpose of screening and selecting property for transfer. This 
responsibility includes:
    (1) Issuing a screening pass or letter of authorization to only 
those persons who are qualified to screen.
    (2) Maintaining a current record (to include names, addresses, and 
telephone numbers, and additional identifying information such as 
driver's license or social security numbers) of screeners operating 
under FAA authority and making such records available to GSA upon 
request.
    (3) Recovering any expired or invalid screener authorizations.



Sec.  102-37.535  What information must FAA provide to GSA on its
administration of the public airport donation program?

    So that GSA has information on which to base its discretionary 
authority to approve the donation of surplus personal property, FAA 
must:
    (a) Provide copies of internal instructions that outline the scope 
of FAA's oversight program for enforcing compliance with the terms and 
conditions of transfer; and
    (b) Report any compliance actions involving donations to public 
airports.



         Subpart G_Donations to the American National Red Cross



Sec.  102-37.540  What is the authority for donations to the American
National Red Cross?

    Section 551 of title 40, United States Code authorizes GSA to donate 
to the Red Cross, for charitable use, such property as was originally 
derived from or through the Red Cross.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.545  What type of property may the American National Red
Cross receive?

    The Red Cross may receive surplus gamma globulin, dried plasma, 
albumin, antihemophilic globulin, fibrin foam, surgical dressings, or 
other products or materials it processed, produced, or donated to a 
Federal agency.



Sec.  102-37.550  What steps must the American National Red Cross
take to acquire surplus property?

    Upon receipt of information from GSA regarding the availability of 
surplus property for donation, the Red Cross will:
    (a) Have 21 calendar days to inspect the property or request it 
without inspection; and

[[Page 136]]

    (b) Be responsible for picking up property donated to it or 
arranging and paying for its shipment.



Sec.  102-37.555  What happens to property the American National 
Red Cross does not request?

    Property the Red Cross declines to request will be offered to SASPs 
for distribution to eligible donees. If such property is transferred, 
GSA will require the SASP to ensure that all Red Cross labels or other 
Red Cross identifications are obliterated or removed from the property 
before it is used.



 Subpart H_Donations to Public Bodies in Lieu of Abandonment/Destruction



Sec.  102-37.560  What is a public body?

    A public body is any department, agency, special purpose district, 
or other instrumentality of a State or local government; any Indian 
tribe; or any agency of the Federal Government.



Sec.  102-37.565  What is the authority for donations to public bodies?

    Section 527 of title 40, United States Code authorizes the 
abandonment, destruction, or donation to public bodies of property which 
has no commercial value or for which the estimated cost of continued 
care and handling would exceed the estimated proceeds from its sale.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]



Sec.  102-37.570  What type of property may a holding agency donate
under this subpart?

    Only that property a holding agency has made a written determination 
to abandon or destroy (see process in part 102-36 of this chapter) may 
be donated under this subpart. A holding agency may not donate property 
that requires destruction for health, safety, or security reasons. When 
disposing of hazardous materials and other dangerous property, a holding 
agency must comply with all applicable laws and regulations and any 
special disposal requirements in part 101-42 of this title.



Sec.  102-37.575  Is there a special form for holding agencies to
process donations?

    There is no special form for holding agencies to process donations. 
A holding agency may use any document that meets its agency's needs for 
maintaining an audit trail of the transaction.



Sec.  102-37.580  Who is responsible for costs associated with the
donation?

    The recipient public body is responsible for paying the disposal 
costs incident to the donation, such as packing, preparation for 
shipment, demilitarization (as defined in Sec.  102-36.40 of this 
chapter), loading, and transportation to its site.



             Subpart I_Transfer of Vehicle Title to a Donee

    Source: 79 FR 64514, Oct. 30, 2014, unless otherwise noted.



Sec.  102-37.585  In transferring donated surplus vehicles, what is
the responsibility of the holding agency?

    (a) The holding agency is responsible for preparing Standard Form 
97, The United States Government Certificate to Obtain Title to a 
Vehicle (SF 97) upon notification by GSA that a donee has been 
identified. The SF 97 may be prepared by GSA if mutually agreed upon by 
the holding agency and GSA. The holding agency is designated as the 
``transferor.''
    (b) If the holding agency authorizes or requires any other entity, 
including a contractor or grantee, to complete this SF 97, the holding 
agency must first ensure compliance with the Paperwork Reduction Act.
    (c) The SF 97 is a serially numbered, controlled form, stock number 
7540-00-634-4047, which can be obtained by executive agencies from GSA 
Global Supply or online at www.gsaglobalsupply.gsa.gov. Proper 
precautions shall be exercised by the agency to prevent blank copies of 
the SF 97 from being obtained by unauthorized persons.

[[Page 137]]



Sec.  102-37.590  In transferring donated surplus vehicles, what is
the responsibility of the SASP?

    The SASP is responsible for facilitating the transfer of the surplus 
vehicle to the donee in accordance with this part. The SASP should not 
sign the SF 97 as ``transferee'' unless the SASP is the donee.



Sec.  102-37.595  When transferring donated surplus vehicles, what is
the responsibility of the donee?

    The donee is responsible for processing the SF 97 in accordance with 
state licensing and titling authorities. The donee signs the SF 97 as 
``transferee'' upon receipt of the surplus motor vehicle. The donee is 
responsible for notifying the SASP if a SF 97 is not provided by the 
Government.



Sec.  102-37.600  When does title to a surplus donated vehicle change
hands?

    Title to the vehicle rests with the holding agency until the SF 97 
is signed by the donee upon receipt of the surplus motor vehicle. (If 
applicable under the terms of the donation, the title will be 
conditional until the end of the period of restriction).



     Sec. Appendix A to Part 102-37--Miscellaneous Donation Statutes

    The following is a listing of statutes which authorize donations 
which do not require GSA's approval:
    Statute: 10 U.S.C. 2572.
    Donor Agency: Any military department (Army, Navy, and Air Force) or 
the Coast Guard.
    Type of Property: Books, manuscripts, works of art, historical 
artifacts, drawings, plans, models, and condemned or obsolete combat 
material.
    Eligible Recipients: Municipal corporations; soldiers' monument 
associations; museums, historical societies, or historical institutions 
of a State or foreign nation; incorporated museums that are operated and 
maintained for educational purposes only and the charters of which 
denies them the right to operate for profit; posts of the Veterans of 
Foreign Wars of the United States or of the American Legion or a unit of 
any other recognized war veterans' association; local or national units 
of any war veterans' association of a foreign nation which is recognized 
by the national government of that nation or a principal subdivision of 
that nation; and posts of the Sons of Veterans Reserve.

    Statute: 10 U.S.C. 7306.
    Donor Agency: Department of the Navy.
    Type of Property: Any vessel stricken from the Naval Vessel Register 
or any captured vessel in the possession of the Navy.
    Eligible Recipients: States, Commonwealths, or possessions of the 
United States; the District of Columbia; and not-for-profit or nonprofit 
entities.

    Statute: 10 U.S.C. 7541.
    Donor Agency: Department of the Navy.
    Type of Property: Obsolete material not needed for naval purposes.
    Eligible Recipients: Sea scouts of the Boy Scouts of America; Naval 
Sea Cadet Corps; and the Young Marines of the Marine Corps League.

    Statute: 10 U.S.C. 7545.
    Donor Agency: Department of the Navy.
    Type of Property: Captured, condemned, or obsolete ordnance 
material, books, manuscripts, works of art, drawings, plans, and models; 
other condemned or obsolete material, trophies, and flags; and other 
material of historic interest not needed by the Navy.
    Eligible Recipients: States, territories, commonwealths, or 
possessions of the United States, or political subdivisions or municipal 
corporations thereof; the District of Columbia; libraries; historical 
societies; educational institutions whose graduates or students fought 
in World War I or World War II; soldiers' monument associations; State 
museums; museums operated and maintained for educational purposes only, 
whose charter denies it the right to operate for profit; posts of the 
Veterans of Foreign Wars of the United States; American Legion posts; 
recognized war veterans' associations; or posts of the Sons of Veterans 
Reserve.

    Statute: 14 U.S.C. 641(a).
    Donor Agency: Coast Guard.
    Type of Property: Obsolete or other material not needed for the 
Coast Guard.
    Eligible Recipients: Coast Guard Auxiliary; sea scout service of the 
Boy Scouts of America; and public bodies or private organizations not 
organized for profit.



  Sec. Appendix B to Part 102-37--Elements of a State Plan of Operation

    The following is the information and assurances that must be 
included in a SASP's plan of operation:

[[Page 138]]



                         State Plan Requirements
------------------------------------------------------------------------
       Regarding . . .                    The plan must . . .
------------------------------------------------------------------------
(a) Designation of a SASP....  (1) Name the State agency that will be
                                responsible for administering the plan.
                               (2) Describe the responsibilities vested
                                in the agency which must include the
                                authorities to acquire, warehouse and
                                distribute surplus property to eligible
                                donees, carry out other requirements of
                                the State plan, and provide details
                                concerning the organization of the
                                agency, including supervision, staffing,
                                structure, and physical facilities.
                               (3) Indicate the organizational status of
                                the agency within the State governmental
                                structure and the title of the State
                                official who directly supervises the
                                State agent.
------------------------------------------------------------------------
(b) Operational authority....  Include copies of existing State statutes
                                and/or executive orders relative to the
                                operational authority of the SASP. Where
                                express statutory authority does not
                                exist or is ambiguous, or where
                                authority exists by virtue of executive
                                order, the plan must include also the
                                opinion of the State's Attorney General
                                regarding the existence of such
                                authority.
------------------------------------------------------------------------
(c) Inventory control and      (1) Require the SASP to use a management
 accounting system.             control and accounting system that
                                effectively governs the utilization,
                                inventory control, accountability, and
                                disposal of property.
                               (2) Provide a detailed explanation of the
                                inventory control and accounting system
                                that the SASP will use.
                               (3) Provide that property retained by the
                                SASP to perform its functions be
                                maintained on separate records from
                                those of donable property.
------------------------------------------------------------------------
(d) Return of donated          (1) Require the SASP to provide for the
 property.                      return of donated property from the
                                donee, at the donee's expense, if the
                                property is still usable as determined
                                by the SASP; and
                               (i) The donee has not placed the property
                                into use for the purpose for which it
                                was donated within 1 year of donation;
                                or
                               (ii) The donee ceases to use the property
                                within 1 year after placing it in use.
                               (2) Specify that return of property can
                                be accomplished by:
                               (i) Physical return to the SASP facility,
                                if required by the SASP.
                               (ii) Retransfer directly to another
                                donee, SASP, or
                               Federal agency, as required by the SASP.
                               (iii) Disposal (by sale or other means)
                                as directed by the SASP.
                               (3) Set forth procedures to accomplish
                                property returns to the SASP,
                                retransfers to other organizations, or
                                disposition by sale, abandonment, or
                                destruction.
------------------------------------------------------------------------
(e) Financing and service      (1) Set forth the means and methods for
 charges.                       financing the SASP. When the State
                                authorizes the SASP to assess and
                                collect service charges from
                                participating donees to cover direct and
                                reasonable indirect costs of its
                                activities, the method of establishing
                                the charges must be set forth in the
                                plan.
                               (2) Affirm that service charges, if
                                assessed, are fair and equitable and
                                based on services performed (or paid
                                for) by the SASP, such as screening,
                                packing, crating, removal, and
                                transportation. When the SASP provides
                                minimal services in connection with the
                                acquisition of property, except for
                                document processing and other
                                administrative actions, the State plan
                                must provide for minimal charges to be
                                assessed in such cases and include the
                                bases of computation.
                               (3) Provide that property made available
                                to nonprofit providers of assistance to
                                homeless individuals be distributed at a
                                nominal cost for care and handling of
                                the property.
                               (4) Set forth how funds accumulated from
                                service charges, or from other sources
                                such as sales or compliance proceeds are
                                to be used for the operation of the SASP
                                and the benefit of participating donees.
                               (5) Affirm, if service charge funds are
                                to be deposited or invested, that such
                                deposits or investments are permitted by
                                State law and set forth the types of
                                depositories and/or investments
                                contemplated.
                               (6) Cite State authority to use service
                                charges to acquire or improve SASP
                                facilities and set forth disposition to
                                be made of any financial assets realized
                                upon the sale or other disposal of the
                                facilities.
                               (7) Indicate if the SASP intends to
                                maintain a working capital reserve. If
                                one is to be maintained, the plan should
                                provide the provisions and limitations
                                for it.
                               (8) State if refunds of service charges
                                are to be made to donees when there is
                                an excess in the SASP's working capital
                                reserve and provide details of how such
                                refunds are to be made, such as a
                                reduction in service charges or a cash
                                refund, prorated in an equitable manner.
------------------------------------------------------------------------
(f) Terms and conditions on    (1) Require the SASP to identify terms
 donated property.              and conditions that will be imposed on
                                the donee for any item of donated
                                property with a unit acquisition cost of
                                $5,000 or more and any passenger motor
                                vehicle.
                               (2) Provide that the SASP may impose
                                reasonable terms and conditions on the
                                use of other donated property. If the
                                SASP elects to impose additional terms
                                and conditions, it should list them in
                                the plan. If the SASP wishes to provide
                                for amending, modifying, or releasing
                                any terms or conditions it has elected
                                to impose, it must state in the plan the
                                standards it will use to grant such
                                amendments, modifications or releases.

[[Page 139]]

 
                               (3) Provide that the SASP will impose on
                                the donation of property, regardless of
                                unit acquisition cost, such conditions
                                involving special handling or use
                                limitations as GSA may determine
                                necessary because of the characteristics
                                of the property.
------------------------------------------------------------------------
(g) Nonutilized or             Provide that, subject to GSA approval,
 undistributed property.        property in the possession of the SASP
                                which donees in the State cannot use
                                will be disposed of by:
                               (1) Transfer to another SASP or Federal
                                agency.
                               (2) Sale.
                               (3) Abandonment or destruction.
                               (4) Other arrangements.
------------------------------------------------------------------------
(h) Fair and equitable         (1) Provide that the SASP will make fair
 distribution.                  and equitable distribution of property
                                to eligible donees in the State based on
                                their relative needs and resources and
                                ability to use the property.
                               (2) Set forth the policies and detailed
                                procedures for effecting a prompt, fair,
                                and equitable distribution.
                               (3) Require that the SASP, insofar as
                                practicable, select property requested
                                by eligible donees and, if requested by
                                the donee, arrange for shipment of the
                                property directly to the donee.
------------------------------------------------------------------------
(i) Eligibility..............  (1) Set forth procedures for the SASP to
                                determine the eligibility of applicants
                                for the donation of surplus personal
                                property.
                               (2) Provide for donee eligibility records
                                to include at a minimum:
                               (i) Legal name and address of the donee.
                               (ii) Status of the donee as a public
                                agency or as an eligible nonprofit
                                activity.
                               (iii) Details on the scope of the donee's
                                program.
                               (iv) Proof of tax exemption under section
                                501 of the Internal Revenue Code if the
                                donee is nonprofit.
                               (v) Proof that the donee is approved,
                                accredited, licensed, or meets any other
                                legal requirement for operation of its
                                program(s).
                               (vi) Financial information.
                               (vii) Written authorization by the
                                donee's governing body or chief
                                administrative officer designating at
                                least one person to act for the donee in
                                acquiring property.
                               (viii) Assurance that the donee will
                                comply with GSA's regulations on
                                nondiscrimination.
                               (ix) Types of property needed.
------------------------------------------------------------------------
(j) Compliance and             (1) Provide that the SASP conduct
 utilization.                   utilization reviews for donee compliance
                                with the terms, conditions,
                                reservations, and restrictions imposed
                                by GSA and the SASP on property having a
                                unit acquisition cost of $5,000 or more
                                and any passenger motor vehicle.
                               (2) Provide for the reviews to include a
                                survey of donee compliance with any
                                special handling conditions or use
                                limitations imposed on items of property
                                by GSA.
                               (3) Set forth the proposed frequency of
                                such reviews and provide adequate
                                assurances that the SASP will take
                                effective action to correct
                                noncompliance or otherwise enforce such
                                terms, conditions, reservations, and
                                restrictions.
                               (4) Require the SASP to prepare reports
                                on utilization reviews and compliance
                                actions and provide assurance that the
                                SASP will initiate appropriate
                                investigations of alleged fraud in the
                                acquisition of donated property or
                                misuse of such property.
------------------------------------------------------------------------
(k) Consultation with          (1) Provide for consultation with
 advisory bodies and public     advisory bodies and public and private
 and private groups.            groups which can assist the SASP in
                                determining the relative needs and
                                resources of donees, the proposed
                                utilization of surplus property by
                                eligible donees, and how distribution of
                                surplus property can be effected to fill
                                existing needs of donees.
                               (2) Provide details of how the SASP will
                                accomplish such consultation.
------------------------------------------------------------------------
(l) Audit....................  (1) Provide for periodic internal audits
                                of the operations and financial affairs
                                of the SASP.
                               (2) Provide for compliance with the
                                external audit requirements of Office of
                                Management and Budget Circular No. A-
                                133, ``Audits of States, Local
                                Governments, and Non-Profit
                                Organizations'' (available at
                                www.whitehouse.gov/OMB), and make
                                provisions for the SASP to furnish GSA
                                with:
                               (i) Two copies of any audit report made
                                pursuant to the Circular, or with two
                                copies of those sections that pertain to
                                the Federal donation program.
                               (ii) An outline of all corrective actions
                                and scheduled completion dates for the
                                actions.
                               (3) Provide for cooperation in GSA or
                                Comptroller General conducted audits.
------------------------------------------------------------------------
(m) Cooperative agreements...  If the SASP wishes to enter into, renew,
                                or revise cooperative agreements with
                                GSA or other Federal agencies:
                               (1) Affirm the SASP's intentions to enter
                                into cooperative agreements.
                               (2) Cite the authority for entering into
                                such agreements.
------------------------------------------------------------------------
(n) Liquidation..............  Provide for the SASP to submit a
                                liquidation plan prior to termination of
                                the SASP activities if the State decides
                                to dissolve the SASP.
------------------------------------------------------------------------

[[Page 140]]

 
(o) Forms....................  Include copies of distribution documents
                                used by the SASP.
------------------------------------------------------------------------
(p) Records..................  Affirm that all official records of the
                                SASP will be retained for a minimum of 3
                                years, except that:
                               (1) Records involving property subject to
                                restrictions for more than 2 years must
                                be kept 1 year beyond the specified
                                period of restriction.
                               (2) Records involving property with
                                perpetual restriction must be retained
                                in perpetuity.
                               (3) Records involving property in
                                noncompliance status must be retained
                                for at least 1 year after the
                                noncompliance case is closed.
------------------------------------------------------------------------



   Sec. Appendix C to Part 102-37--Glossary of Terms for Determining 
       Eligibility of Public Agencies and Nonprofit Organizations

    The following is a glossary of terms for determining eligibility of 
public agencies and nonprofit organizations:
    Accreditation means the status of public recognition that an 
accrediting agency grants to an institution or program that meets the 
agency's standards and requirements.
    Accredited means approval by a recognized accrediting board or 
association on a regional, State, or national level, such as a State 
board of education or health; the American Hospital Association; a 
regional or national accrediting association for universities, colleges, 
or secondary schools; or another recognized accrediting association.
    Approved means recognition and approval by the State department of 
education, State department of health, or other appropriate authority 
where no recognized accrediting board, association, or other authority 
exists for the purpose of making an accreditation. For an educational 
institution or an educational program, approval must relate to academic 
or instructional standards established by the appropriate authority. For 
a public health institution or program, approval must relate to the 
medical requirements and standards for the professional and technical 
services of the institution established by the appropriate authority.
    Child care center means a public or nonprofit facility where 
educational, social, health, and nutritional services are provided to 
children through age 14 (or as prescribed by State law) and that is 
approved or licensed by the State or other appropriate authority as a 
child day care center or child care center.
    Clinic means an approved public or nonprofit facility organized and 
operated for the primary purpose of providing outpatient public health 
services and includes customary related services such as laboratories 
and treatment rooms.
    College means an approved or accredited public or nonprofit 
institution of higher learning offering organized study courses and 
credits leading to a baccalaureate or higher degree.
    Conservation means a program or programs carried out or promoted by 
a public agency for public purposes involving directly or indirectly the 
protection, maintenance, development, and restoration of the natural 
resources of a given political area. These resources include but are not 
limited to the air, land, forests, water, rivers, streams, lakes and 
ponds, minerals, and animals, fish and other wildlife.
    Drug abuse or alcohol treatment center means a clinic or medical 
institution that provides for the diagnosis, treatment, or 
rehabilitation of alcoholics or drug addicts. These centers must have on 
their staffs, or available on a regular visiting basis, qualified 
professionals in the fields of medicine, psychology, psychiatry, or 
rehabilitation.
    Economic development means a program(s) carried out or promoted by a 
public agency for public purposes to improve the opportunities of a 
given political area for the establishment or expansion of industrial, 
commercial, or agricultural plants or facilities and which otherwise 
assist in the creation of long-term employment opportunities in the area 
or primarily benefit the unemployed or those with low incomes.
    Education means a program(s) to develop and promote the training, 
general knowledge, or academic, technical, and vocational skills and 
cultural attainments of individuals in a community or given political 
area. Public educational programs may include public school systems and 
supporting facilities such as centralized administrative or service 
facilities.
    Educational institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, entity, or organization 
conducting educational programs or research for educational purposes, 
such as a child care center, school, college, university, school for the 
mentally or physically disabled, or an educational radio or television 
station.

[[Page 141]]

    Educational radio or television station means a public or nonprofit 
radio or television station licensed by the Federal Communications 
Commission and operated exclusively for noncommercial educational 
purposes.
    Health center means an approved public or nonprofit facility that 
provides public health services, including related facilities such as 
diagnostic and laboratory facilities and clinics.
    Historic light station means a historic light station as defined 
under section 308(e)(2) of the National Historic Preservation Act 16 
U.S.C. 470w-7(e)2), including a historic light station conveyed under 
subsection (b) of that section, notwithstanding the number of hours that 
the historic light station is open to the public.
    Homeless individual means:
    (1) An individual who lacks a fixed, regular, and adequate nighttime 
residence, or who has a primary nighttime residence that is:
    (i) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing for the mentally ill);
    (ii) An institution that provides a temporary residence for 
individuals intended to be institutionalized; or
    (iii) A public or private place not designed for, or ordinarily used 
as, a regular sleeping accommodation for human beings.
    (2) For purposes of this part, the term homeless individual does not 
include any individual imprisoned or otherwise detained pursuant to an 
Act of the Congress or a State law.
    Hospital means an approved or accredited public or nonprofit 
institution providing public health services primarily for inpatient 
medical or surgical care of the sick and injured and includes related 
facilities such as laboratories, outpatient departments, training 
facilities, and staff offices.
    Library means a public or nonprofit facility providing library 
services free to all residents of a community, district, State, or 
region.
    Licensed means recognition and approval by the appropriate State or 
local authority approving institutions or programs in specialized areas. 
Licensing generally relates to established minimum public standards of 
safety, sanitation, staffing, and equipment as they relate to the 
construction, maintenance, and operation of a health or educational 
facility, rather than to the academic, instructional, or medical 
standards for these institutions.
    Medical institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, or organization whose primary 
function is the furnishing of public health and medical services to the 
public or promoting public health through the conduct of research, 
experiments, training, or demonstrations related to cause, prevention, 
and methods of diagnosis and treatment of diseases and injuries. The 
term includes, but is not limited to, hospitals, clinics, alcohol and 
drug abuse treatment centers, public health or treatment centers, 
research and health centers, geriatric centers, laboratories, medical 
schools, dental schools, nursing schools, and similar institutions. The 
term does not include institutions primarily engaged in domiciliary 
care, although a separate medical facility within such a domiciliary 
institution may qualify as a medical institution.
    Museum means a public agency or nonprofit educational or public 
health institution that is organized on a permanent basis for 
essentially educational or aesthetic purposes and which, using a 
professional staff, owns or uses tangible objects, either animate or 
inanimate; and cares for these objects. A museum is considered to be 
attended by the public if the museum, at minimum, accedes to any request 
submitted for access during business hours. For the purposes of this 
definition, a museum uses a professional staff if it employs at least 
one full-time staff member or the equivalent, whether paid or unpaid, 
primarily engaged in the acquisition, care, or public exhibition of 
objects owned or used by the museum.
    Nationally recognized accrediting agency means an accrediting agency 
that the Department of Education recognizes under 34 CFR part 600. (For 
a list of accrediting agencies, see the Department's web site at http://
www.ed.gov/admins/finaid/accred)
    Nonprofit means not organized for profit and exempt from Federal 
income tax under section 501 of the Internal Revenue Code (26 U.S.C. 
501).
    Parks and recreation means a program(s) carried out or promoted by a 
public agency for public purposes that involve directly or indirectly 
the acquisition, development, improvement, maintenance, and protection 
of park and recreational facilities for the residents of a given 
political area.
    Program for older individuals means a program conducted by a State 
or local government agency or nonprofit activity that receives funds 
appropriated for services or programs for older individuals under the 
Older Americans Act of 1965, as amended, under title IV or title XX of 
the Social Security Act (42 U.S.C. 601 et seq.), or under titles VIII 
and X of the Economic Opportunity Act of 1964 (42 U.S.C. 2991 et seq.) 
and the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
    Provider of assistance to homeless individuals means a public agency 
or a nonprofit institution or organization that operates a program which 
provides assistance such as food, shelter, or other services to homeless 
individuals.

[[Page 142]]

    Provider of assistance to impoverished families and individuals 
means a public or nonprofit organization whose primary function is to 
provide money, goods, or services to families or individuals whose 
annual incomes are below the poverty line (as defined in section 673 of 
the Community Services Block Grant Act) (42 U.S.C. 9902). Providers 
include food banks, self-help housing groups, and organizations 
providing services such as the following: Health care; medical 
transportation; scholarships and tuition assistance; tutoring and 
literacy instruction; job training and placement; employment counseling; 
child care assistance; meals or other nutritional support; clothing 
distribution; home construction or repairs; utility or rental 
assistance; and legal counsel.
    Public agency means any State; political subdivision thereof, 
including any unit of local government or economic development district; 
any department, agency, or instrumentality thereof, including 
instrumentalities created by compact or other agreement between States 
or political subdivisions; multijurisdictional substate districts 
established by or pursuant to State law; or any Indian tribe, band, 
group, pueblo, or community located on a State reservation.
    Public health means a program(s) to promote, maintain, and conserve 
the public's health by providing health services to individuals and/or 
by conducting research, investigations, examinations, training, and 
demonstrations. Public health services may include but are not limited 
to the control of communicable diseases, immunization, maternal and 
child health programs, sanitary engineering, sewage treatment and 
disposal, sanitation inspection and supervision, water purification and 
distribution, air pollution control, garbage and trash disposal, and the 
control and elimination of disease-carrying animals and insects.
    Public health institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, or organization conducting a 
public health program(s) such as a hospital, clinic, health center, or 
medical institution, including research for such programs, the services 
of which are available to the public.
    Public purpose means a program(s) carried out by a public agency 
that is legally authorized in accordance with the laws of the State or 
political subdivision thereof and for which public funds may be 
expended. Public purposes include but are not limited to programs such 
as conservation, economic development, education, parks and recreation, 
public health, public safety, programs of assistance to the homeless or 
impoverished, and programs for older individuals.
    Public safety means a program(s) carried out or promoted by a public 
agency for public purposes involving, directly or indirectly, the 
protection, safety, law enforcement activities, and criminal justice 
system of a given political area. Public safety programs may include, 
but are not limited to those carried out by:
    (1) Public police departments.
    (2) Sheriffs' offices.
    (3) The courts.
    (4) Penal and correctional institutions (including juvenile 
facilities).
    (5) State and local civil defense organizations.
    (6) Fire departments and rescue squads (including volunteer fire 
departments and rescue squads supported in whole or in part with public 
funds).
    School (except schools for the mentally or physically disabled) 
means a public or nonprofit approved or accredited organizational entity 
devoted primarily to approved academic, vocational, or professional 
study and instruction, that operates primarily for educational purposes 
on a full-time basis for a minimum school year and employs a full-time 
staff of qualified instructors.
    School for the mentally or physically disabled means a facility or 
institution operated primarily to provide specialized instruction to 
students of limited mental or physical capacity. It must be public or 
nonprofit and must operate on a full-time basis for the equivalent of a 
minimum school year prescribed for public school instruction for the 
mentally or physically disabled, have a staff of qualified instructors, 
and demonstrate that the facility meets the health and safety standards 
of the State or local government.
    University means a public or nonprofit approved or accredited 
institution for instruction and study in the higher branches of learning 
and empowered to confer degrees in special departments or colleges.
    Veterans Organizations means organizations eligible to receive 
Federal surplus property for purposes of providing services to veterans 
under 40 U.S.C. 549(c)(3)(C). Eligible veterans organizations are those 
whose (1) membership comprises substantially veterans (as defined under 
38 U.S.C. 101); and (2) representatives are recognized by the Secretary 
of Veterans Affairs under 38 U.S.C. 5902. The Department of Veterans 
Affairs maintains a searchable Web site of recognized organizations. The 
address is http://www.va.gov/ogc/apps/accreditation/index.asp.

[67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006; 72 
FR 12572, Mar. 16, 2007; 79 FR 64515, Oct. 30, 2014; 87 FR 6043, Feb. 3, 
2022]



PART 102	38_SALE OF PERSONAL PROPERTY--Table of Contents



                      Subpart A_General Provisions

Sec.
102-38.5 What does this part cover?

[[Page 143]]

102-38.10 What is the governing authority for this part?
102-38.15 Who must comply with these sales provisions?
102-38.20 Must an executive agency follow the regulations of this part 
          when selling all personal property?
102-38.25 To whom do ``we'', ``you'', and their variants refer?
102-38.30 How does an executive agency request a deviation from the 
          provisions of this part?

                               Definitions

102-38.35 What definitions apply to this part?

                            Responsibilities

102-38.40 Who may sell personal property?
102-38.45 What are an executive agency's responsibilities in selling 
          personal property?
102-38.50 What must we do when an executive agency suspects violations 
          of 40 U.S.C. 559, fraud, bribery, or criminal collusion in 
          connection with the disposal of personal property?
102-38.55 What must we do when selling personal property?
102-38.60 Who is responsible for the costs of care and handling of the 
          personal property before it is sold?
102-38.65 What if we are or the holding agency is notified of a Federal 
          requirement for surplus personal property before the sale is 
          complete?
102-38.70 May the holding agency abandon or destroy personal property 
          either prior to or after trying to sell it?

                         Subpart B_Sales Process

                             Methods of Sale

102-38.75 How may we sell personal property?
102-38.80 Which method of sale should we use?

                            Competitive Sales

102-38.85 What is a sealed bid sale?
102-38.90 What is a spot bid sale?
102-38.95 What is an auction?

                            Negotiated Sales

102-38.100 What is a negotiated sale?
102-38.105 Under what conditions may we negotiate sales of personal 
          property?
102-38.110 Who approves our determinations to conduct negotiated sales?
102-38.115 What are the specific reporting requirements for negotiated 
          sales?
102-38.120 When may we conduct negotiated sales of personal property at 
          fixed prices (fixed price sale)?
102-38.125 May we sell personal property at fixed prices to State 
          agencies?

                               Advertising

102-38.130 Must we publicly advertise sales of Federal personal 
          property?
102-38.135 What constitutes a public advertisement?
102-38.140 What must we include in the public notice on sale of personal 
          property?

                           Pre-Sale Activities

102-38.145 Must we allow for inspection of the personal property to be 
          sold?
102-38.150 How long is the inspection period?

                              Offer to Sell

102-38.155 What is an offer to sell?
102-38.160 What must be included in the offer to sell?
102-38.165 Are the terms and conditions in the offer to sell binding?

                             Subpart C_Bids

                            Buyer Eligibility

102-38.170 May we sell Federal personal property to anyone?
102-38.175 How do we find out if a person or entity has been suspended 
          or debarred from doing business with the Government?
102-38.180 May we sell Federal personal property to a Federal employee?
102-38.185 May we sell Federal personal property to State or local 
          governments?

                           Acceptance of Bids

102-38.190 What is considered a responsive bid?
102-38.195 Must bidders use authorized bid forms?
102-38.200 Who may accept bids?
102-38.205 Must we accept all bids?
102-38.210 What happens when bids have been rejected?
102-38.215 When may we disclose the bid results to the public?
102-38.220 What must we do when the highest bids received have the same 
          bid amount?
102-38.225 What are the additional requirements in the bid process?

                              Bid Deposits

102-38.230 Is a bid deposit required to buy personal property?
102-38.235 What types of payment may we accept as bid deposits?
102-38.240 What happens to the deposit bond if the bidder defaults or 
          wants to withdraw his/her bid?

                                Late Bids

102-38.245 Do we consider late bids for award?
102-38.250 How do we handle late bids that are not considered?

[[Page 144]]

                   Modification or Withdrawal of Bids

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

                            Mistakes in Bids

102-38.260 Who makes the administrative determinations regarding 
          mistakes in bids?
102-38.265 Must we keep records on administrative determinations?
102-38.270 May a bidder protest the determinations made on sales of 
          personal property?

                      Subpart D_Completion of Sale

                                 Awards

102-38.275 To whom do we award the sales contract?
102-38.280 What happens when there is no award?

                            Transfer of Title

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

                                Payments

102-38.290 What types of payment may we accept?

                         Disposition of Proceeds

102-38.295 May we retain sales proceeds?
102-38.300 What happens to sales proceeds that neither we nor the 
          holding agency are authorized to retain, or that are unused?

                                Disputes

102-38.305 How do we handle disputes involved in the sale of Federal 
          personal property?
102-38.310 Are we required to use the Disputes clause in the sale of 
          personal property?
102-38.315 Are we required to use Alternative Disputes Resolution for 
          sales contracts?

                   Subpart E_Other Governing Statutes

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

                         Antitrust Requirements

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

                    Subpart F_Reporting Requirements

102-38.330 Are there any reports that we must submit to the General 
          Services Administration?
102-38.335 Is there any additional personal property sales information 
          that we must submit to the General Services Administration?

          Subpart G_Provisions for State and Local Governments

102-38.340 How may we sell personal property to State and local 
          governments?
102-38.345 Do we have to withdraw personal property advertised for 
          public sale if a State Agency for Surplus Property wants to 
          buy it?
102-38.350 Are there special provisions for State and local governments 
          regarding negotiated sales?
102-38.355 Do the regulations of this part apply to State Agencies for 
          Surplus Property (SASPs) when conducting sales?

       Subpart H_Implementation of the Federal Asset Sales Program

102-38.360 What must an executive agency do to implement the eFAS 
          program?
102-38.365 Is a holding agency required to report property in ``scrap'' 
          condition to its selected SC?
102-38.370 What does a holding agency do with property which cannot be 
          sold by its SC?

    Authority: 40 U.S.C. 545 and 40 U.S.C. 121(c).

    Source: 68 FR 51421, Aug. 26, 2003, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-38.5  What does this part cover?

    This part prescribes the policies governing the sale of Federal 
personal property, including--
    (a) Surplus personal property that has completed all required 
Federal and/or donation screening; and
    (b) Personal property to be sold under the exchange/sale authority.

    Note to Sec.  102-38.5: You must follow additional guidelines in 41 
CFR parts 101-42 and 101-45 of the Federal Property Management 
Regulations (FPMR) for the sale of personal property that has special 
handling requirements or property containing hazardous materials. 
Additional requirements for the sale of aircraft and aircraft parts are 
provided in part 102-33 of this chapter.



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

    The authority for the regulations in this part governing the sale of 
Federal

[[Page 145]]

personal property is 40 U.S.C. 541 through 548, 571, 573 and 574.



Sec.  102-38.15  Who must comply with these sales provisions?

    All executive agencies must comply with the provisions of this part. 
The legislative and judicial branches are encouraged to follow these 
provisions.



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

    Generally, yes, an executive agency must follow the regulations of 
this part when selling all personal property; however--
    (a) Materials acquired for the national stockpile or supplemental 
stockpile, or materials or equipment acquired under section 303 of the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 2093) are 
excepted from this part;
    (b) The Maritime Administration, Department of Transportation, has 
jurisdiction over the disposal of vessels of 1,500 gross tons or more 
and determined by the Secretary to be merchant vessels or capable of 
conversion to merchant use;
    (c) Sales made by the Secretary of Defense pursuant to 10 U.S.C. 
2576 (Sale of Surplus Military Equipment to State and Local Law 
Enforcement and Firefighting Agencies) are exempt from these provisions;
    (d) Foreign excess personal property is exempt from these 
provisions; and
    (e) Agency sales procedures which are mandated or authorized under 
laws other than Title 40 United States Code are exempt from this part.

[73 FR 20802, Apr. 17, 2008]



Sec.  102-38.25  To whom do ``we'', ``you'', and their variants refer?

    Unless otherwise indicated, use of pronouns ``we'', ``you'', and 
their variants throughout this part refer to the Sales Center 
responsible for the sale of the property.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20802, Apr. 17, 2008]



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

    Refer to Sec. Sec.  102-2.60 through 102-2.110 of this chapter for 
information on how to obtain a deviation from this part. However, 
waivers which are distinct from the standard deviation process and 
specific to the requirements of the Federal Asset Sales (eFAS) 
initiative milestones (see subpart H of this part) are addressed in 
Sec.  102-38.360.

[73 FR 20802, Apr. 17, 2008]

                               Definitions



Sec.  102-38.35  What definitions apply to this part?

    The following definitions apply to this part:
    Bid means a response to an offer to sell that, if accepted, would 
bind the bidder to the terms and conditions of the contract (including 
the bid price).
    Bidder means any entity that is responding to or has responded to an 
offer to sell.
    Estimated fair market value means the selling agency's best estimate 
of what the property would be sold for if offered for public sale.
    Federal Asset Sales (eFAS) refers to the e-Government initiative to 
improve the way the Federal Government manages and sells its real and 
personal property assets. Under this initiative, only an agency 
designated as a Sales Center (SC) may sell Federal property, unless a 
waiver has been granted by the eFAS Planning Office in accordance with 
Sec.  102-38.360. The eFAS initiative is governed and given direction by 
the eFAS Executive Steering Committee (ESC), with GSA as the managing 
partner agency.
    Federal Asset Sales Planning Office (eFAS Planning Office) refers to 
the office within GSA assigned responsibility for managing the eFAS 
initiative.
    Holding Agency refers to the agency in possession of personal 
property eligible for sale under this part.
    Identical bids means bids for the same item of property having the 
same total price.
    Migration Plan refers to the document a holding agency prepares to 
summarize its choice of SC(s) and its plan for migrating agency sales to 
the SC(s).

[[Page 146]]

The format for this document is determined by the eFAS ESC.
    Personal property means any property, except real property. For 
purposes of this part, the term excludes records of the Federal 
Government, and naval vessels of the following categories:
    (1) Battleships;
    (2) Cruisers;
    (3) Aircraft carriers;
    (4) Destroyers; and
    (5) Submarines.
    Sales Center (SC) means an agency that has been nominated, 
designated, and approved by the eFAS ESC and the Office of Management 
and Budget (OMB) as an official sales solution for Federal property. The 
criteria for becoming an SC, the selection process, and the ongoing SC 
requirements for posting property for sale to the eFAS portal and 
reporting sales activity and performance data are established by the 
eFAS ESC and can be obtained from the eFAS Planning Office at GSA. The 
eFAS Planning Office may be contacted via e-mail at 
[email protected]. SCs may utilize (and should consider) private 
sector entities as well as Government activities and are expected to 
provide exemplary asset management solutions in one or more of the 
following areas: on-line sales; off-line sales; and sales-related value 
added services. SCs will enter into agreements with holding agencies to 
sell property belonging to these holding agencies. A holding agency may 
employ the services of multiple SCs to maximize efficiencies.
    State Agency for Surplus Property (SASP) means the agency designated 
under State law to receive Federal surplus personal property for 
distribution to eligible donees within the State as provided for in 40 
U.S.C. 549.
    State or local government means a State, territory, possession, 
political subdivision thereof, or tax-supported agency therein.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20802, Apr. 17, 2008]

                            Responsibilities



Sec.  102-38.40  Who may sell personal property?

    An executive agency may sell personal property (including on behalf 
of another agency when so requested) only if it is a designated Sales 
Center (SC), or if the agency has received a waiver from the eFAS 
Planning Office. An SC may engage contractor support to sell personal 
property. Only a duly authorized agency official may execute the sale 
award documents and bind the United States.

[73 FR 20802, Apr. 17, 2008]



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

    An executive agency's responsibilities in selling personal property 
are to--
    (a) Ensure the sale complies with the provisions of Title 40 of the 
U.S. Code, the regulations of this part, and any other applicable laws;
    (b) Issue internal guidance to promote uniformity of sales 
procedures;
    (c) Assure that officials designated to conduct and finalize sales 
are adequately trained;
    (d) Be accountable for the care and handling of the personal 
property prior to its removal by the buyer; and
    (e) Adjust your property and financial records to reflect the final 
disposition.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20803, Apr. 17, 2008]



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

    If an executive agency suspects violations of 40 U.S.C. 559, fraud, 
bribery, or criminal collusion in connection with the disposal of 
personal property, the agency must--
    (a) Refer the violations to the Inspector General of your agency 
and/or the Attorney General, Department of Justice, Washington, DC 
20530, for further investigation. You must cooperate with and provide 
evidence concerning the suspected violation or crime to the

[[Page 147]]

investigating agency assuming jurisdiction of the matter; and
    (b) Submit to the General Services Administration (GSA), Property 
Management Division (FBP), 1800 F Street, NW., Washington, DC 20406, a 
report of any compliance investigations concerning such violations. The 
report must contain information concerning the noncompliance, including 
the corrective action taken or contemplated, and, for cases referred to 
the Department of Justice, a copy of the transmittal letter. A copy of 
each report must be submitted also to GSA, Personal Property Management 
Policy Division (MTP), 1800 F Street, NW., Washington, DC 20405.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20803, Apr. 17, 2008]



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

    When selling personal property, you must ensure that--
    (a) All sales are made after publicly advertising for bids, except 
as provided for negotiated sales in Sec. Sec.  102-38.100 through 102-
38.125; and
    (b) Advertising for bids must permit full and free competition 
consistent with the value and nature of the property involved.



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

    The holding agency is responsible for the care and handling costs of 
the personal property until it is removed by the buyer, the buyer's 
designee, or an SC. The holding agency may request the SC to perform 
care and handling services in accordance with their agreement. When 
specified in the terms and conditions of sale, the SC may charge the 
buyer costs for storage when the buyer is delinquent in removing the 
property. The amount so charged may only be retained by the holding 
agency performing the care and handling in accordance with Sec.  102-
38.295.

[73 FR 20803, Apr. 17, 2008]



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

    Federal agencies have first claim to excess or surplus personal 
property reported to the General Services Administration. When a bona 
fide need for the property exists and is expressed by a Federal agency, 
and when no like item(s) are located elsewhere, you or the holding 
agency must make the property available for transfer to the maximum 
extent practicable and prior to transfer of title to the property.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20803, Apr. 17, 2008]



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

    (a) Yes, the holding agency may abandon or destroy personal property 
either prior to or after trying to sell it, but only when an authorized 
agency official has made a written determination that--
    (1) The personal property has no commercial value; or
    (2) The estimated cost of continued care and handling would exceed 
the estimated sales proceeds.
    (b) In addition to the provisions in paragraph (a) of this section, 
see the regulations at Sec. Sec.  102-36.305 through 102-36.330 of this 
subchapter B that are applicable to the abandonment or destruction of 
personal property in general, and excess personal property in 
particular.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20803, Apr. 17, 2008]



                         Subpart B_Sales Process

                             Methods of Sale



Sec.  102-38.75  How may we sell personal property?

    (a) You will sell personal property upon such terms and conditions 
as the head of your agency or designee deems proper to promote the 
fairness, openness, and timeliness necessary for the sale to be 
conducted in a manner most advantageous to the Government.

[[Page 148]]

When you are selling property on behalf of another agency, you must 
consult with the holding agency to determine any special or unique sales 
terms and conditions. You must also document the required terms and 
conditions of each sale, including, but not limited to, the following 
terms and conditions, as applicable:
    (1) Inspection.
    (2) Condition and location of property.
    (3) Eligibility of bidders.
    (4) Consideration of bids.
    (5) Bid deposits and payments.
    (6) Submission of bids.
    (7) Bid price determination.
    (8) Title.
    (9) Delivery, loading, and removal of property.
    (10) Default, returns, or refunds.
    (11) Modifications, withdrawals, or late bids.
    (12) Requirements to comply with applicable laws and regulations. 41 
CFR part 101-42 contains useful guidance addressing many of these 
requirements. You should also contact your agency's Office of General 
Counsel or environmental office to identify applicable Federal, State, 
or local environmental laws and regulations.
    (13) Certificate of independent price determinations.
    (14) Covenant against contingent fees.
    (15) Limitation on Government's liability.
    (16) Award of contract.
    (b) Standard government forms (e.g., Standard Form 114 series) may 
be used to document terms and conditions of the sale.
    (c) When conducting and completing a sale through electronic media, 
the required terms and conditions must be included in your electronic 
sales documentation.

[68 FR 51421, Aug. 26, 2003, as amended at 73 FR 20803, Apr. 17, 2008]



Sec.  102-38.80  Which method of sale should we use?

    (a) You may use any method of sale provided the sale is publicly 
advertised and the personal property is sold with full and open 
competition. Exceptions to the requirement for competitive bids for 
negotiated sales (including fixed price sales) are contained in 
Sec. Sec.  102-38.100 through 102-38.125. You must select the method of 
sale that will bring maximum return at minimum cost, considering factors 
such as--
    (1) Type and quantity of property;
    (2) Location of property;
    (3) Potential market;
    (4) Cost to prepare and conduct the sale;
    (5) Available facilities; and
    (6) Sales experience of the selling activity.
    (b) Methods of sale may include sealed bid sales, spot bid sales, 
auctions, or negotiated sales and may be conducted at a physical 
location or through any electronic media that is publicly accessible.

                            Competitive Sales



Sec.  102-38.85  What is a sealed bid sale?

    A sealed bid sale is a sale in which bid prices are kept 
confidential until bid opening. Bids are submitted either electronically 
or in writing according to formats specified by the selling agency, and 
all bids are held for public disclosure at a designated time and place.



Sec.  102-38.90  What is a spot bid sale?

    A spot bid sale is a sale where immediately following the offering 
of the item or lot of property, bids are examined, and awards are made 
or bids rejected on the spot. Bids are either submitted electronically 
or in writing according to formats specified by the selling agency, and 
must not be disclosed prior to announcement of award.



Sec.  102-38.95  What is an auction?

    An auction is a sale where the bid amounts of different bidders are 
disclosed as they are submitted, providing bidders the option to 
increase their bids if they choose. Bids are submitted electronically 
and/or by those physically present at the sale. Normally, the bidder 
with the highest bid at the close of each bidding process is awarded the 
property.

[[Page 149]]

                            Negotiated Sales



Sec.  102-38.100  What is a negotiated sale?

    A negotiated sale is a sale where the selling price is arrived at 
between the seller and the buyer, subject to obtaining such competition 
as is feasible under the circumstances.



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

    You may negotiate sales of personal property when--
    (a) The personal property has an estimated fair market value that 
does not exceed $15,000;
    (b) The disposal will be to a State, territory, possession, 
political subdivision thereof, or tax-supported agency therein, and the 
estimated fair market value of the property and other satisfactory terms 
of disposal are obtained by negotiation;
    (c) Bid prices after advertising are not reasonable and re-
advertising would serve no useful purpose;
    (d) Public exigency does not permit any delay such as that caused by 
the time required to advertise a sale;
    (e) The sale promotes public health, safety, or national security;
    (f) The sale is in the public interest under a national emergency 
declared by the President or the Congress. This authority may be used 
only with specific lot(s) of property or for categories determined by 
the Administrator of General Services for a designated period but not in 
excess of three months;
    (g) Selling the property competitively would have an adverse impact 
on the national economy, provided that the estimated fair market value 
of the property and other satisfactory terms of disposal can be obtained 
by negotiation, e.g., sale of large quantities of an agricultural 
product that impact domestic markets; or
    (h) Otherwise authorized by Title 40 of the U.S. Code or other law.



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

    The head of your agency (or his/her designee) must approve all 
negotiated sales of personal property.



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

    For negotiated sales of personal property, you must--
    (a) In accordance with 40 U.S.C. 545(e), and in advance of the sale, 
submit to the oversight committees for the General Services 
Administration (GSA) in the Senate and House, explanatory statements for 
each sale by negotiation of any personal property with an estimated fair 
market value in excess of $15,000. You must maintain copies of the 
explanatory statements in your disposal files. No statement is needed 
for negotiated sales at fixed price or for any sale made without 
advertising when authorized by law other than 40 U.S.C. 545; and
    (b) Report annually to GSA, Personal Property Management Policy 
Division (MTP), 1800 F Street, NW., Washington, DC, 20405, within 60 
calendar days after the close of each fiscal year, a listing and 
description of all negotiated sales of personal property with an 
estimated fair market value in excess of $5,000. You may submit the 
report electronically or manually (see Sec.  102-38.330).



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

    You may conduct negotiated sales of personal property at fixed 
prices (fixed price sale) under this section when:
    (a) The items are authorized to be sold at fixed price by the 
Administrator of General Services, as reflected in GSA Bulletin FMR B-10 
(located at http://www.gsa.gov/fmrbulletin). You may also contact the 
GSA Office of Travel, Transportation, and Asset Management (MT) at the 
address listed in Sec.  102-38.115 to determine which items are on this 
list of authorized items;
    (b) The head of your agency, or designee, determines in writing that 
such sales serve the best interest of the Government. When you are 
selling property on behalf of a holding agency, you must consult with 
the holding agency in determining whether a fixed price sale meets this 
criterion; and
    (c) You must publicize such sales to the extent consistent with the 
value and nature of the property involved, and the prices established 
must reflect

[[Page 150]]

the estimated fair market value of the property. Property is sold on a 
first-come, first-served basis. You or the holding agency may also 
establish additional terms and conditions that must be met by the 
successful purchaser in accordance with Sec.  102-38.75.

[73 FR 20803, Apr. 17, 2008]



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

    Yes, before offering to the public, you may offer the property at 
fixed prices (through the State Agencies for Surplus Property) to any 
States, territories, possessions, political subdivisions thereof, or 
tax-supported agencies therein, which have expressed an interest in 
obtaining the property. For additional information, see subpart G of 
this part.

                               Advertising



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

    Yes, you must provide public notice of your sale of personal 
property to permit full and open competition.



Sec.  102-38.135  What constitutes a public advertisement?

    Announcement of the sale using any media that reaches the public and 
is appropriate to the type and value of personal property to be sold is 
considered public advertising. You may also distribute mailings or 
flyers of your offer to sell to prospective purchasers on mailing lists. 
Public notice should be made far enough in advance of the sale to ensure 
adequate notice, and to target your advertising efforts toward the 
market that will provide the best return at the lowest cost.



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

    In the public notice, you must provide information necessary for 
potential buyers to participate in the sale, such as--
    (a) Date, time and location of sale;
    (b) General categories of property being offered for sale;
    (c) Inspection period;
    (d) Method of sale (i.e., spot bid, sealed bid, auction);
    (e) Selling agency; and
    (f) Who to contact for additional information.

                           Pre-Sale Activities



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

    Yes, you must allow for an electronic or physical inspection of the 
personal property to be sold. You must allow prospective bidders 
sufficient time for inspection. If inspection is restricted to 
electronic inspections only, due to unusual circumstances prohibiting 
physical inspection, you must notify your General Services 
Administration Regional Personal Property Office in writing, with the 
circumstances surrounding this restriction at least 3 days prior to the 
start of the screening period.



Sec.  102-38.150  How long is the inspection period?

    The length of the inspection period allowed depends upon whether the 
inspection is done electronically or physically. You should also 
consider such factors as the circumstances of sale, volume of property, 
type of property, location of the property, and accessibility of the 
sales facility. Normally, you should provide at least 7 calendar days to 
ensure potential buyers have the opportunity to perform needed 
inspections.

                              Offer to Sell



Sec.  102-38.155  What is an offer to sell?

    An offer to sell is a notice listing the terms and conditions for 
bidding on an upcoming sale of personal property, where prospective 
purchasers are advised of the requirements for a responsive bid and the 
contractual obligations once a bid is accepted.



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

    The offer to sell must include--
    (a) Sale date and time;
    (b) Method of sale;
    (c) Description of property being offered for sale;
    (d) Selling agency;

[[Page 151]]

    (e) Location of property;
    (f) Time and place for receipt of bids;
    (g) Acceptable forms of bid deposits and payments; and
    (h) Terms and conditions of sale, including any specific 
restrictions and limitations.



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

    Yes, the terms and conditions in the offer to sell are normally 
incorporated into the sales contract, and therefore binding upon both 
the buyer and the seller once a bid is accepted.



                             Subpart C_Bids

                            Buyer Eligibility



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

    Generally, you may sell Federal personal property to anyone of legal 
age. However, certain persons or entities are debarred or suspended from 
purchasing Federal property. You must not enter into a contract with 
such a person or entity unless your agency head or designee responsible 
for the disposal action determines that there is a compelling reason for 
such an action.



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

    Refer to the List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs to ensure you do not solicit from or award 
contracts to these persons or entities. The list is available through 
subscription from the U.S. Government Printing Office, or electronically 
on the Internet at http://epls.arnet.gov. For policies, procedures, and 
requirements for debarring/suspending a person or entity from the 
purchase of Federal personal property, follow the procedures in the 
Federal Acquisition Regulation (FAR) subpart 9.4 (48 CFR part 9, subpart 
9.4).

[68 FR 51421, Aug. 26, 2003; 68 FR 53219, Sept. 9, 2003]



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

    Yes, you may sell Federal personal property to any Federal employee 
whose agency does not prohibit their employees from purchasing such 
property. However, unless allowed by Federal or agency regulations, 
employees having nonpublic information regarding property offered for 
sale may not participate in that sale (see 5 CFR 2635.703). For purposes 
of this section, the term ``Federal employee'' also applies to an 
immediate member of the employee's household.



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

    Yes, you may sell Federal personal property to State or local 
governments. Additional guidelines on sales to State or local 
governments are contained in subpart G of this part.

                           Acceptance of Bids



Sec.  102-38.190  What is considered a responsive bid?

    A responsive bid is a bid that complies with the terms and 
conditions of the sales offering, and satisfies the requirements as to 
the method and timeliness of the submission. Only responsive bids may be 
considered for award.



Sec.  102-38.195  Must bidders use authorized bid forms?

    No, bidders do not have to use authorized bid forms; however if a 
bidder uses his/her own bid form to submit a bid, the bid may be 
considered only if--
    (a) The bidder accepts all the terms and conditions of the offer to 
sell; and
    (b) Award of the bid would result in a binding contract.



Sec.  102-38.200  Who may accept bids?

    Authorized agency representatives may accept bids for your agency. 
These individuals should meet your agency's requirements for approval of 
Government contracts.



Sec.  102-38.205  Must we accept all bids?

    No, the Government reserves the right to accept or reject any or all 
bids. You may reject any or all bids when

[[Page 152]]

such action is advantageous to the Government, or when it is in the 
public interest to do so.



Sec.  102-38.210  What happens when bids have been rejected?

    You may re-offer items for which all bids have been rejected at the 
same sale, if possible, or another sale.



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

    You may disclose bid results to the public after the sales award of 
any item or lot of property. On occasions when there is open bidding, 
usually at a spot bid sale or auction, all bids are disclosed as they 
are submitted. No information other than names may be disclosed 
regarding the bidder(s).



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

    When the highest bids received have the same bid amount, you must 
consider other factors of the sale (e.g., timely removal of the 
property, terms of payment, etc.) that would make one offer more 
advantageous to the Government. However, if you are unable to make a 
determination based on available information, and the Government has an 
acceptable offer, you may re-offer the property for sale, or you may 
utilize random tiebreakers to avoid the expense of reselling the 
property.



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

    All sales except fixed price sales must contain a certification of 
independent price determination. If there is suspicion of false 
certification or an indication of collusion, you must refer the matter 
to the Department of Justice or your agency's Office of the Inspector 
General.

                              Bid Deposits



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

    No, a bid deposit is not required to buy personal property. However, 
should you require a bid deposit to protect the Government's interest, a 
deposit of 20 percent of the total amount of the bid is generally 
considered reasonable.



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

    In addition to the acceptable types of payments in Sec.  102-38.290, 
you may also accept a deposit bond. A deposit bond may be used in lieu 
of cash or other acceptable form of deposit when permitted by the offer 
to sell, such as the Standard Form (SF) 150, Deposit Bond--Individual 
Invitation, Sale of Government Personal Property, SF 151, Deposit Bond--
Annual, Sale of Government Personal Property, and SF 28, Affidavit of 
Individual Surety. For information on how to obtain these forms, see 
Sec.  102-2.135 of subchapter A.



Sec.  102-38.240  What happens to the deposit bond if the bidder defaults
or wants to withdraw his/her bid?

    (a) When a bid deposit is secured by a deposit bond and the bidder 
defaults, you must issue a notice of default to the bidder and the 
surety company.
    (b) When a bid deposit is secured by a deposit bond and the bidder 
wants to withdraw his/her bid, you should return the deposit bond to the 
bidder.

                                Late Bids



Sec.  102-38.245  Do we consider late bids for award?

    Consider late bids for award only when the bids were delivered 
timely to the address specified and your agency caused the delay in 
delivering the bids to the official designated to accept the bids.



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

    Late bids that are not considered must be returned to the bidder 
promptly. You must not disclose information contained in returned bids.

                   Modification or Withdrawal of Bids



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

    (a) Yes, a bidder may modify or withdraw a bid prior to the start of 
the sale or the time set for the opening of the bids. After the start of 
the sale, or the time set for opening the bids, the bidder will not be 
allowed to withdraw his/her bid.

[[Page 153]]

    (b) You may consider late modifications to an otherwise successful 
bid at any time, but only when it makes the terms of the bid more 
favorable to the Government.

                            Mistakes in Bids



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

    The administrative procedures for handling mistakes in bids are 
contained in FAR 14.407, Mistakes in Bids (48 CFR 14.407). Your agency 
head, or his/her designee, may delegate the authority to make 
administrative decisions regarding mistakes in bids to a central 
authority, or a limited number of authorities in your agency, who must 
not re-delegate this authority.



Sec.  102-38.265  Must we keep records on administrative determinations?

    Yes, you must--
    (a) Maintain records of all administrative determinations made, to 
include the pertinent facts and the action taken in each case. A copy of 
the determination must be attached to its corresponding contract; and
    (b) Provide a signed copy of any related determination with the copy 
of the contract you file with the Comptroller General when requested.



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

    Yes, protests regarding the validity or the determinations made on 
the sale of personal property may be submitted to the Comptroller 
General.



                      Subpart D_Completion of Sale

                                 Awards



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

    You must award the sales contract to the bidder with the highest 
responsive bid, unless a determination is made to reject the bid under 
Sec.  102-38.205.



Sec.  102-38.280  What happens when there is no award?

    When there is no award made, you may sell the personal property at 
another sale, or you may abandon or destroy it pursuant to Sec.  102-
36.305 of this subchapter B.

                            Transfer of Title



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

    (a) Generally, no specific form or format is designated for 
transferring title from the Government to the buyer for personal 
property sold. For internal control and accountability, you must execute 
a bill of sale or another document as evidence of transfer of title or 
any other interest in Government personal property. You must also ensure 
that the buyer submits any additional certifications to comply with 
specific conditions and restrictions of the sale.
    (b) For sales of vehicles, you must issue to the purchaser a 
Standard Form (SF) 97, the United States Government Certificate to 
Obtain Title to a Vehicle, or a SF 97A, the United States Government 
Certificate to Obtain a Non-Repairable or Salvage Certificate, as 
appropriate, as evidence of transfer of title. For information on how to 
obtain these forms, see Sec.  102-2.135 of this chapter.

                                Payments



Sec.  102-38.290  What types of payment may we accept?

    You must adopt a payment policy that protects the Government against 
fraud. Acceptable payments include, but are not limited to, the 
following:
    (a) U.S. currency or any form of credit instrument made payable on 
demand in U.S. currency, e.g., cashier's check, money order. Promissory 
notes and postdated credit instruments are not acceptable.
    (b) Irrevocable commercial letters of credit issued by a United 
States bank payable to the Treasurer of the United States or to the 
Government agency conducting the sale.
    (c) Credit or debit cards.

                         Disposition of Proceeds



Sec.  102-38.295  May we retain sales proceeds?

    (a) You may retain that portion of the sales proceeds, in accordance 
with

[[Page 154]]

your agreement with the holding agency, equal to your direct costs and 
reasonably related indirect costs (including your share of the 
Governmentwide costs to support the eFAS Internet portal and 
Governmentwide reporting requirements) incurred in selling personal 
property.
    (b) A holding agency may retain that portion of the sales proceeds 
equal to its costs of care and handling directly related to the sale of 
personal property by the SC (e.g., shipment to the SC, storage pending 
sale, and inspection by prospective buyers).
    (c) After accounting for amounts retained under paragraphs (a) and 
(b) of this section, as applicable, a holding agency may retain the 
balance of proceeds from the sale of its agency's personal property 
when--
    (1) It has the statutory authority to retain all proceeds from sales 
of personal property;
    (2) The property sold was acquired with non-appropriated funds as 
defined in Sec.  102-36.40 of this subchapter B;
    (3) The property sold was surplus Government property that was in 
the custody of a contractor or subcontractor, and the contract or 
subcontract provisions authorize the proceeds of sale to be credited to 
the price or cost of the contract or subcontract;
    (4) The property was sold to obtain replacement property under the 
exchange/sale authority pursuant to part 102-39 of this subchapter B; or
    (5) The property sold was related to waste prevention and recycling 
programs, under the authority of Section 607 of Public Law 107-67 
(Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999, Pub. L. 107-67, 115 Stat. 514). Consult your General Counsel or 
Chief Financial Officer for guidance on use of this authority.

[73 FR 20803, Apr. 17, 2008]



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

    Any sales proceeds that are not retained pursuant to the authorities 
in Sec.  102-38.295 must be deposited as miscellaneous receipts in the 
U.S. Treasury.

                                Disputes



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

    First contact your Office of General Counsel. Further guidance can 
be found in the Contract Disputes Act of 1978, as amended (41 U.S.C. 
601-613), and the Federal Acquisition Regulation (FAR) at 48 CFR part 
33.



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

    Yes, you must ensure the Disputes clause contained in Federal 
Acquisition Regulation (FAR) 52.233-1 (48 CFR part 52) is included in 
all offers to sell and contracts for the sale of personal property.



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

    No, you are not required to use Alternative Disputes Resolution 
(ADR) for sales contracts. However, you are encouraged to use ADR 
procedures in accordance with the authority and the requirements of the 
Alternative Disputes Resolution Act of 1998 (28 U.S.C. 651-658).



                   Subpart E_Other Governing Statutes



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

    Yes, in addition to Title 40 of the U.S. Code the sale of Federal 
personal property is governed by other statutory requirements, such as 
the Debt Collection Improvement Act of 1996 (Public Law 104-134, sec. 
31001, 110 Stat. 1321-358) and antitrust requirements that are discussed 
in Sec.  102-38.325.

                         Antitrust Requirements



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

    When the sale of personal property has an estimated fair market 
value of $3 million or more or if the sale involves a patent, process, 
technique, or invention, you must notify the Attorney General of the 
Department of Justice (DOJ) and get DOJ's opinion as to

[[Page 155]]

whether the sale would give the buyer an unfair advantage in the 
marketplace and violate any antitrust laws. Include in the notification 
the description and location of the property, method of sale and 
proposed selling price, and information on the proposed purchaser and 
intended use of the property. You must not complete the sale until you 
have received confirmation from the Attorney General that the proposed 
transaction would not violate any antitrust laws.

[68 FR 51421, Aug. 26, 2003; 68 FR 53219, Sept. 9, 2003]



                    Subpart F_Reporting Requirements



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

    Yes, there are two sales reports you must submit to the General 
Services Administration (GSA), Personal Property Management Policy 
Division (MTP), 1800 F Street, NW., Washington, DC 20405--
    (a) Negotiated sales report. Within 60 calendar days after the close 
of each fiscal year, you must provide GSA with a listing and description 
of all negotiated sales with an estimated fair market value in excess of 
$5,000 (see Sec.  102-38.115). For each negotiated sale that meets this 
criterion, provide the following:
    (1) Description of the property (including quantity and condition).
    (2) Acquisition cost and date (if not known, estimate and so 
indicate).
    (3) Estimated fair market value (including date of estimate and name 
of estimator).
    (4) Name and address of purchaser.
    (5) Date of sale.
    (6) Gross and net sales proceeds.
    (7) Justification for conducting a negotiated sale.
    (b) Exchange/sale report. Within 90 calendar days after the close of 
each fiscal year, you must provide a summary report to GSA of 
transactions conducted under the exchange/sale authority under part 102-
39 of this subchapter B (see Sec.  102-39.75).



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

    Yes, you must report to the General Services Administration's 
(GSA's) Asset Disposition Management System (ADMS), once that capability 
is established, any sales information that GSA deems necessary.



          Subpart G_Provisions for State and Local Governments



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

    You may sell Government personal property to State and local 
governments through--
    (a) Competitive sale to the public;
    (b) Negotiated sale, through the appropriate State Agency for 
Surplus Property (SASP); or
    (c) Negotiated sale at fixed price (fixed price sale), through the 
appropriate SASP. (This method of sale can be used prior to a 
competitive sale to the public, if desired.)



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

    No, you are not required to withdraw the item from public sale if 
the property has been advertised.



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

    Yes, you must waive the requirement for bid deposits and payment 
prior to removal of the property. However, payment must be made within 
30 calendar days after purchase. If payment is not made within 30 days, 
you may charge simple interest at the rate established by the Secretary 
of the Treasury as provided in section 12 of the Contract Disputes Act 
of 1978 (41 U.S.C. 611), from the date of written demand for payment.

[[Page 156]]



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

    Yes, State Agencies for Surplus Property (SASPs) must follow the 
regulations in this part when conducting sales on behalf of the General 
Services Administration of Government personal property in their 
custody.



       Subpart H_Implementation of the Federal Asset Sales Program

    Source: 73 FR 20803, Apr. 17, 2008, unless otherwise noted.



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

    (a) An executive agency must review the effectiveness of all sales 
solutions, and compare them to the effectiveness (e.g., cost, level of 
service, and value added services) of the eFAS SCs. Agencies should give 
full consideration to sales solutions utilizing private sector entities, 
including small businesses, that are more effective than the solutions 
provided by any eFAS-approved SC. If the agency decides that there are 
more effective sales solutions than those solutions offered by the eFAS 
SCs, the agency must request a waiver from the milestones using the 
procedures and forms provided by the eFAS Planning Office. Waivers will 
be approved by the eFAS Planning Office upon presentation of a business 
case showing that complying with an eFAS milestone is either 
impracticable or inefficient. Waiver approval will be coordinated with 
GSA's Office of Travel, Transportation, and Asset Management. Contact 
the eFAS Planning Office at [email protected] to obtain these 
procedures and forms.
    (b) An approved waiver for meeting one of the eFAS milestones does 
not automatically waive all milestone requirements. For example, if an 
agency receives a waiver to the migration milestone, the agency must 
still (1) post asset information on the eFAS Web site and (2) provide 
post-sales data to the eFAS Planning Office in accordance with the 
content and format requirements developed by the eFAS ESC, unless 
waivers to these milestones are also requested and approved. Waivers to 
the eFAS milestones will not be permanent. Upon expiration of the waiver 
to the migration milestone, an agency must either migrate to an approved 
SC, or serve as a fully functioning SC, as soon as practicable. See the 
definition of a ``Sales Center'' at Sec.  102-38.35 for an overview of 
how agency sales solutions become SCs.
    (c) An agency which receives a waiver from the eFAS milestones must 
comply with subparts A through G of this part as if it were an SC.
    (d) An executive agency must comply with all eFAS milestones 
approved by OMB including those regarding the completion of an agency-
wide sales migration plan, the reporting of pre- and post-sales data, 
and the migration to approved SCs unless a waiver has been submitted by 
the agency and approved by the eFAS Planning Office. The eFAS milestones 
are available for viewing at http://www.gsa.gov/govsalesmilestones.



Sec.  102-38.365  Is a holding agency required to report property in
``scrap'' condition to its selected SC?

    No. Property which has no value except for its basic material 
content (scrap material) may be disposed of by the holding agency by 
sale or as otherwise provided in Sec.  102-38.70. However, the holding 
agency should consult the SC(s) selected by the holding agency as to the 
feasibility of selling the scrap material. Agencies selling scrap 
property under authority of this subpart are still required to report 
sales metrics in accordance with eFAS ESC-approved format and content.



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

    All reasonable efforts must be afforded the SC to sell the property. 
If the property remains unsold after the time frame agreed to between 
the SC and the holding agency, the holding agency may dispose of the 
property by sale or as otherwise provided in Sec.  102-38.70. The lack 
of public interest in buying the property is evidence that the sales 
proceeds would be minimal.

[[Page 157]]

Agencies selling property under authority of this subpart are still 
required to report sales metrics in accordance with eFAS ESC-approved 
format and content.



PART 102	39_REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO 
THE EXCHANGE/SALE AUTHORITY--Table of Contents



                            Subpart A_General

Sec.
102-39.5 What is the exchange/sale authority?
102-39.10 What does this part cover?
102-39.15 How are the terms ``I'' and ``you'' used in this part?
102-39.20 What definitions apply to this part?
102-39.25 Which exchange/sale provisions are subject to deviation?
102-39.30 How do I request a deviation from this part?

                 Subpart B_Exchange/Sale Considerations

102-39.35 When should I consider using the exchange/sale authority?
102-39.40 How does the exchange/sale authority differ from the disposal 
          process for excess/surplus personal property?
102-39.45 When should I not use the exchange/sale authority?
102-39.50 How do I determine whether to do an exchange or a sale?
102-39.55 When should I offer property I am exchanging or selling under 
          the exchange/sale authority to other Federal agencies or State 
          Agencies for Surplus Property (SASP)?
102-39.60 What restrictions and prohibitions apply to the exchange/sale 
          of personal property?
102-39.65 What conditions apply to the exchange/sale of personal 
          property?

               Subpart C_Exchange/Sale Methods and Reports

102-39.70 What are the exchange methods?
102-39.75 What are the sales methods?
102-39.80 What are the accounting requirements for the proceeds of sale?
102-39.85 What information am I required to report?
102-39.90 Where do I obtain additional information?

    Authority: 40 U.S.C. 121(c); 40 U.S.C. 503.

    Source: 66 FR 48614, Sept. 21, 2001, unless otherwise noted.



                            Subpart A_General



Sec.  102-39.5  What is the exchange/sale authority?

    The exchange/sale authority is a statutory provision, (40 U.S.C. 
503), which states in part: ``In acquiring personal property, an 
executive agency may exchange or sell similar items and may apply the 
exchange allowance or proceeds of sale in whole or in part payment for 
the property acquired.''

[73 FR 50880, Aug. 29, 2008]



Sec.  102-39.10  What does this part cover?

    This part covers the exchange/sale authority, and applies to all 
personal property owned by executive agencies worldwide. For the 
exchange/sale of aircraft parts and hazardous materials, you must meet 
the requirements in this part and in parts 101-33 and 101-42 of this 
title.

[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004]



Sec.  102-39.15  How are the terms ``I'' and ``you'' used in this part?

    Use of pronouns ``I'' and ``you'' throughout this part refer to 
executive agencies.

[66 FR 48614, Sept. 21, 2001. Redesignated at 73 FR 50880, Aug. 29, 
2008]



Sec.  102-39.20  What definitions apply to this part?

    The following definitions apply to this part:
    Acquire means to procure or otherwise obtain personal property, 
including by lease (sometimes known as rent).
    Combat material means arms, ammunition, and implements of war listed 
in the U.S. munitions list (22 CFR part 121).
    Excess property means any personal property under the control of any 
Federal agency that is no longer required for that agency's needs or 
responsibilities, as determined by the agency head or designee.
    Exchange means to replace personal property by trade or trade-in 
with the supplier of the replacement property.
    Exchange/sale means to exchange or sell non-excess, non-surplus 
personal

[[Page 158]]

property and apply the exchange allowance or proceeds of sale in whole 
or in part payment for the acquisition of similar property.
    Executive agency means any executive department or independent 
establishment in the executive branch of the Government, including any 
wholly owned Government corporation.
    Federal agency means any executive agency or any establishment in 
the legislative or judicial branch of the Government (except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his/her direction).
    Historic item means property having added value for display purposes 
because its historical significance is greater than its fair market 
value for continued use. Items that are commonly available and remain in 
use for their intended purpose, such as military aircraft still in use 
by active or reserve units, are not historic items.
    Replacement means the process of acquiring personal property to be 
used in place of personal property that is still needed but:
    (1) No longer adequately performs the tasks for which it is used; or
    (2) Does not meet the agency's need as well as the personal property 
to be acquired.
    Service Life Extension Program (SLEP) means the modification of a 
personal property item undertaken to extend the life of the item beyond 
that which was previously planned. SLEPs extend capital asset life by 
retrofit, major modification, remanufacturing, betterment, or 
enhancement.
    Similar means the acquired item(s) and replaced item(s):
    (1) Are identical; or
    (2) Fall within a single Federal Supply Classification (FSC) Group 
of property (includes any and all forms of property within a single FSC 
Group); or
    (3) Are parts or containers for similar end items; or
    (4) Are designed or constructed for the same general purpose 
(includes any and all forms of property regardless of the FSC Group to 
which they are assigned).

    Note 1 to the definition of ``similar'': Only one of the criteria in 
this definition needs to be met for the property to be considered 
``similar'' for an exchange/sale transaction.

    Surplus property means excess personal property not required for the 
needs of any Federal agency, as determined by GSA under part 102-37 of 
this chapter.

[66 FR 48614, Sept. 21, 2001, as amended at 73 FR 50880, Aug. 29, 2008; 
88 FR 25511, Apr. 27, 2023]



Sec.  102-39.25  Which exchange/sale provisions are subject to deviation?

    All of the provisions in this part are subject to deviation (upon 
presentation of adequate justification) except for those mandated by 
statute, as described in note 1 to Sec. Sec.  102-39.60(a) and 102-
39.80. See the link on ``Exchange/Sale'' at www.gsa.gov/
personalpropertypolicy for additional information on requesting 
deviations from this part.

[73 FR 50880, Aug. 29, 2008, as amended at 88 FR 25511, Apr. 27, 2023]



Sec.  102-39.30  How do I request a deviation from this part?

    See part 102-2 of this chapter (41 CFR part 102-2) to request a 
deviation from the requirements of this part.

[73 FR 50880, Aug. 29, 2008]



                 Subpart B_Exchange/Sale Considerations



Sec.  102-39.35  When should I consider using the exchange/sale authority?

    You should consider using the exchange/sale authority when replacing 
personal property.

[73 FR 50880, Aug. 29, 2008]



Sec.  102-39.40  How does the exchange/sale authority differ from 
the disposal process for excess/surplus personal property?

    (a) The primary difference is that sales proceeds or exchange 
allowances may be used to acquire similar replacement personal property 
that is still needed under the exchange/sale authority as described in 
this part; whereas under the more frequently used excess/surplus 
disposal process, you would not

[[Page 159]]

be able to use sales proceeds or exchange allowances to acquire 
replacement personal property.
    (b) Your use of the exchange/sale authority is optional and should 
be considered when needed replacement assets may be acquired under the 
provisions of this part. If exchange/sale is not practicable (for 
example, if conducting an exchange/sale transaction is not cost 
effective), you should dispose of the property through the excess/
surplus disposal process by reporting the property as excess, as 
addressed in part 102-36 of this chapter.
    (c) In the excess/surplus disposal process, any net proceeds from 
the sale of surplus property generally must be forwarded to the 
miscellaneous receipts account at the United States Treasury, and thus 
would not be available to you for use in acquiring similar replacement 
property or for any other purpose. You may use the exchange/sale 
authority in the acquisition of personal property even if the 
acquisition is under a services contract, as long as the property 
acquired under the services contract is similar to the property 
exchanged or sold (e.g., for a service life extension program (SLEP), 
exchange allowances or sales proceeds would be available for replacement 
of similar items, but not for services).

[88 FR 25511, Apr. 27, 2023]



Sec.  102-39.45  When should I not use the exchange/sale authority?

    You should not use the exchange/sale authority if the exchange 
allowance or estimated sales proceeds for the property will be 
unreasonably low. You must either abandon or destroy such property, or 
declare the property excess, in accordance with part 102-36 of this 
chapter. Further, you must not use the exchange/sale authority if the 
transaction(s) would violate any other applicable statute or regulation.

[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004. 
Redesignated at 73 FR 50880, Aug. 29, 2008]



Sec.  102-39.50  How do I determine whether to do an exchange or a sale?

    You must determine whether an exchange or sale will provide the 
greater return for the Government. When estimating the return under each 
method, consider all related administrative and overhead costs.

[66 FR 48614, Sept. 21, 2001. Redesignated at 73 FR 50880, Aug. 29, 
2008]



Sec.  102-39.55  When should I offer property I am exchanging or
selling under the exchange/sale authority to other Federal agencies
or State Agencies for Surplus Property (SASP)?

    If you have property to replace which is eligible for exchange/sale, 
you should first, to the maximum extent practicable, solicit:
    (a) Federal agencies known to use or distribute such property. If a 
Federal agency is interested in acquiring and paying for the property, 
you should arrange for a reimbursable transfer. Reimbursable transfers 
may also be conducted with the Senate, the House of Representatives, the 
Architect of the Capitol and any activities under the Architect's 
direction, the District of Columbia, and mixed-ownership Government 
corporations. When conducting a reimbursable transfer, you must:
    (1) Do so under terms mutually agreeable to you and the recipient.
    (2) Not require reimbursement of an amount greater than the 
estimated fair market value of the transferred property.
    (3) Apply the transfer proceeds in whole or part payment for 
property acquired to replace the transferred property; and
    (b) State Agencies for Surplus Property (SASPs) known to have an 
interest in acquiring such property. If a SASP is interested in 
acquiring the property, you should consider selling it to the SASP by 
negotiated sale at fixed price under the conditions specified at Sec.  
102-38.125 of this title. The sales proceeds must be applied in whole or 
part payment for property acquired to replace the transferred property.

[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004. 
Redesignated at 73 FR 50880, Aug. 29, 2008]



Sec.  102-39.60  What restrictions and prohibitions apply to the
exchange/sale of personal property?

    Unless a deviation is requested of and approved by GSA as addressed 
in part

[[Page 160]]

102-2 of this chapter and the provisions of Sec. Sec.  102-39.25 and 
102-39.30, you must not use the exchange/sale authority for:
    (a) The following FSC Groups of personal property:
    (1) 10 Weapons.
    (2) 11 Nuclear ordinance.
    (3) 44 Furnace, Steam Plant, and Drying Equipment; and Nuclear 
Reactors (FSC Class 4470, Nuclear Reactors only).
    (4) 68 Chemical and chemical products.
    (5) 84 Clothing, individual equipment, and insignia.

    Note 1 to paragraph (a): Under no circumstances will deviations be 
granted for FSC Class 1005, Guns through 30mm. Deviations are not 
required for Department of Defense (DoD) property in FSC Groups 10 (for 
classes other than FSC Class 1005), or any other FSC Group, for which 
the applicable DoD demilitarization requirements, and any other 
applicable regulations and statutes are met.

    (b) Materials in the National Defense Stockpile (50 U.S.C. 98-98h) 
or the Defense Production Act inventory (50 U.S.C. App. 2093).
    (c) Nuclear Regulatory Commission-controlled materials unless you 
meet the requirements of Sec.  101-42.1102-4 of this title.
    (d) Controlled substances, unless you meet the requirements of Sec.  
101-42.1102-3 of this title.
    (e) Property with a condition code of scrap, as defined at FMR 102-
36.40, except:
    (1) Property that had utility and value at the point in time when a 
determination was made to use the exchange/sale authority;
    (2) Property that was otherwise eligible for exchange/sale, but was 
coded as scrap due to damage (e.g., accident or natural disaster); or
    (3) Scrap gold for fine gold.
    (f) Property that was originally acquired as excess or forfeited 
property or from another source other than new procurement, unless such 
property has been in official use by the acquiring agency for at least 1 
year. You may exchange or sell forfeited property in official use for 
less than 1 year if the head of your agency determines that a continuing 
valid requirement exists, but the specific item in use no longer meets 
that requirement, and that exchange or sale meets all other requirements 
of this part.
    (g) Property that is dangerous to public health or safety without 
first rendering such property innocuous or providing for adequate 
safeguards as part of the exchange/sale.
    (h) Combat material without demilitarizing it or obtaining a 
demilitarization waiver or other necessary clearances from the 
Department of Defense Demilitarization Office.
    (i) Flight Safety Critical Aircraft Parts (FSCAP) and Critical 
Safety Items (CSI) unless you meet the provisions of Sec.  102-33.370 of 
this title.
    (j) Acquisition of unauthorized replacement property.
    (k) Acquisition of replacement property that violates any:
    (1) Restriction on procurement of a commodity or commodities;
    (2) Replacement policy or standard prescribed by the President, the 
Congress, or the Administrator of General Services; or
    (3) Contractual obligation.
    (l) Vessels subject to 40 U.S.C. 548.
    (m) Aircraft and aircraft parts, unless there is full compliance 
with all exchange/sale provisions in part 102-33 of this chapter (41 CFR 
part 102-33).

[66 FR 48614, Sept. 21, 2001; 66 FR 51095, Oct. 5, 2001, as amended at 
69 FR 11539, Mar. 11, 2004; 71 FR 20900, Apr. 24, 2006. Redesignated at 
73 FR 50880, Aug. 29, 2008; 75 FR 24820, May 6, 2010; 76 FR 67372, Nov. 
1, 2011; 88 FR 25511, Apr. 27, 2023]



Sec.  102-39.65  What conditions apply to the exchange/sale of personal
property?

    You may use the exchange/sale authority only if you meet all of the 
following conditions:
    (a) The property exchanged or sold is similar to the property 
acquired;
    (b) The property exchanged or sold is not excess or surplus and you 
have a continuing need for similar property;
    (c) The property exchanged or sold was not acquired for the 
principal purpose of exchange or sale;
    (d) When replacing personal property, the exchange allowance or 
sales proceeds from the disposition of that property may only be used to 
offset the

[[Page 161]]

cost of the replacement property, not services;
    (e) Your agency documents at the time of exchange or sale (or at the 
time of acquiring the replacement property if acquisition precedes the 
exchange or sale) that the exchange allowance or sale proceeds will be 
applied to the acquisition of replacement property; and
    (f) Except for transactions involving books and periodicals in your 
libraries, you document the basic facts associated with each exchange/
sale transaction. At a minimum, the documentation must include:
    (1) The FSC Group of the items exchanged or sold, and the items 
acquired;
    (2) The number of items exchanged or sold, and the number of items 
acquired;
    (3) The acquisition cost and exchange allowance or net sales 
proceeds of the items exchanged or sold, and the acquisition cost of the 
items acquired;
    (4) The date of the transaction(s);
    (5) The parties involved; and
    (6) A statement that the transactions comply with the requirements 
of this part 102-39.

    Note to Sec.  102-39.65: In acquiring items for historical 
preservation or display at Federal museums, you may exchange historic 
items in the museum property account without regard to the FSC group, 
provided the exchange transaction is documented and certified by the 
head of your agency to be in the best interests of the Government and 
all other provisions of this part are met. The documentation must 
contain a determination that the item exchanged and the item acquired 
are historic items.

[73 FR 50881, Aug. 29, 2008, as amended at 88 FR 25511, Apr. 27, 2023]



               Subpart C_Exchange/Sale Methods and Reports



Sec.  102-39.70  What are the exchange methods?

    Exchange of property may be accomplished by either of the following 
methods:
    (a) The supplier (e.g., a Government agency, commercial or private 
organization, or an individual) delivers the replacement property to one 
of your organizational units and removes the property being replaced 
from that same organizational unit.
    (b) The supplier delivers the replacement property to one of your 
organizational units and removes the property being replaced from a 
different organizational unit.

[66 FR 48614, Sept. 21, 2001. Redesignated at 73 FR 50880, Aug. 29, 
2008]



Sec.  102-39.75  What are the sales methods?

    (a) You must use the methods, terms, and conditions of sale, and the 
forms prescribed in part 102-38 of this title, in the sale of property 
being replaced, except for the provisions of Sec. Sec.  102-38.100 
through 102-38.115 of this title regarding negotiated sales. Section 
3709, Revised Statutes (41 U.S.C. 5), specifies the following conditions 
under which property being replaced can be sold by negotiation, subject 
to obtaining such competition as is feasible:
    (1) The reasonable value involved in the contract does not exceed 
$500; or
    (2) Otherwise authorized by law.
    (b) You may sell property being replaced by negotiation at fixed 
prices in accordance with the provisions of Sec.  102-38.120 and 102-
38.125 of this title.

[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004. 
Redesignated at 73 FR 50880, Aug. 29, 2008]



Sec.  102-39.80  What are the accounting requirements for exchange allowances or proceeds of sale?

    You must account for exchange allowances or proceeds of sale in 
accordance with the general finance and accounting rules applicable to 
you. Except as otherwise authorized by law, all exchange allowances or 
proceeds of sale under this part will be available during the fiscal 
year in which the property was exchanged or sold and for one fiscal year 
thereafter for the purchase of replacement property. Any proceeds of 
sale not applied to replacement purchases during this time must be 
deposited in the United States Treasury as miscellaneous receipts. Under 
no circumstances will deviations be granted for this section.

[73 FR 50881, Aug. 29, 2008, as amended at 75 FR 24820, May 6, 2010; 88 
FR 25511, Apr. 27, 2023]

[[Page 162]]



Sec.  102-39.85  What information am I required to report?

    You must submit, within 90 calendar days after the close of each 
fiscal year (FY), an exchange/sale report using the online Personal 
Property Reporting Tool template found at https://www.property. 
reporting.gov. This template provides the specific information needed 
for your agency's report. You can contact the GSA Help Desk at 
[email protected] if you need assistance accessing the online reporting 
tool. All reports, including negative reports, must be submitted 
electronically through the Personal Property Reporting Tool. 
Transactions involving books and periodicals in your libraries need not 
be reported.

[88 FR 25511, Apr. 27, 2023]



Sec.  102-39.90  Where do I obtain additional information?

    Additional information is provided at the GSA websites www.gsa.gov/
bulletin and www.gsa.gov/exchangesale.

[88 FR 25511, Apr. 27, 2023]



PART 102	40_UTILIZATION AND DISPOSITION OF PERSONAL PROPERTY
WITH SPECIAL HANDLING REQUIREMENTS--Table of Contents



                      Subpart A_General Provisions

Sec.
102-40.5 What does this part cover?
102-40.10 What is the governing authority for this part?
102-40.15 Who must comply with the provisions in this part?
102-40.20 To whom do ``we'', ``you'', and their variants refer?
102-40.25 How do we request a deviation from these requirements and who 
          can approve it?

                               Definitions

102-40.30 What definitions apply to this part?

                       Subpart B_Responsibilities

102-40.35 What types of personal property require special handling?
102-40.40 What are our responsibilities concerning personal property 
          requiring special handling?
102-40.45 What must we do when we have identified personal property with 
          special handling requirements?
102-40.50 What must we do when we no longer need personal property with 
          special handling requirements?
102-40.55 Do we report all excess personal property with special 
          handling requirements to GSA?
102-40.60 May we reassign hazardous materials?
102-40.65 Who is responsible for the custody of hazardous materials and 
          property requiring special handling?
102-40.70 Who is responsible for the care and handling of hazardous 
          materials and property requiring special handling?

   Subpart C_Transfer and Donation of Personal Property With Special 
                          Handling Requirements

102-40.75 What must we do when reporting excess personal property with 
          special handling requirements?
102-40.80 Is personal property requiring special handling available for 
          transfer or donation?
102-40.85 Is donee certification required for the donation of personal 
          property requiring special handling?
102-40.90 Must we establish additional requirements for the inspection 
          of personal property with special handling requirements?
102-40.95 Who pays for the costs incident to the transfer of personal 
          property with special handling requirements?

 Subpart D_Sale of Personal Property With Special Handling Requirements

102-40.100 May we sell personal property with special handling 
          requirements?
102-40.105 May we use any sales method to sell personal property that 
          requires special handling?
102-40.110 What must we include in the sales terms and conditions when 
          selling personal property with special handling requirements?
102-40.115 Are certifications required from the purchaser when selling 
          personal property with special handling requirements?
102-40.120 What precautions must we take during the sales process for 
          personal property requiring special handling?
102-40.125 May we dispose of personal property requiring special 
          handling by abandonment or destruction?

    Subpart E_Categories of Personal Property With Special Handling 
                              Requirements

102-40.130 What categories of personal property require special 
          handling?
102-40.135 How do we manage acid-contaminated and explosive-contaminated 
          property?

[[Page 163]]

102-40.140 How do we handle all-terrain vehicles (ATVs)?
102-40.145 How do we handle ammunition and ammunition components?
102-40.150 How do we handle animals and plants?
102-40.155 How do we handle asbestos?
102-40.160 How do we handle controlled substances?
102-40.165 How do we handle drugs, biologicals, and reagents other than 
          controlled substances?
102-40.170 How do we handle electronic products?
102-40.175 How do we handle firearms?
102-40.180 How do we handle hazardous materials?
102-40.185 How do we handle lead-containing paints and items bearing 
          lead-containing paint?
102-40.190 How do we handle medical devices?
102-40.195 How do we handle Munitions List Items (MLIs)?
102-40.200 How do we handle Commerce Control List Items (CCLIs)?
102-40.205 How do we handle national stockpile material?
102-40.210 How do we handle Nuclear Regulatory Commission-controlled 
          materials?
102-40.215 How do we handle ozone depleting substances (ODSs)?
102-40.220 How do we handle polychlorinated biphenyls (PCBs)?
102-40.225 How do we handle precious metals?
102-40.230 How do we handle universal waste(s) (UWs)?
102-40.235 How do we handle motor vehicles not suitable for highway use?

Appendix A to Part 102-40--Federal Supply Classes (FSC) Composed 
          Predominantly of Hazardous Items
Appendix B to Part 102-40--Federal Supply Classes and Groups Which 
          Contain a Significant Number of Hazardous Items

    Authority: 40 U.S.C. 121(c).

    Source: 80 FR 7353, Feb. 10, 2015, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-40.5  What does this part cover?

    This part provides guidance regarding the utilization, transfer, 
donation, sale, and other disposal of Government personal property with 
special handling requirements (i.e., hazardous materials, dangerous 
property, etc.) located in the United States, the District of Columbia, 
the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern 
Mariana Islands, Federated States of Micronesia, the Marshall Islands, 
and Palau. For guidance regarding the disposal of personal property 
located outside of these areas, see Sec. Sec.  102-36.380 through 102-
36.400 of this subchapter; however, the disposal of personal property 
located outside of these areas should conform to the provisions in this 
part, whenever feasible, in the interest of promoting safety, security, 
and environmental stewardship.



Sec.  102-40.10  What is the governing authority for this part?

    40 U.S.C. 121(c) authorizes the Administrator of General Services to 
prescribe regulations necessary to perform functions under this part.



Sec.  102-40.15  Who must comply with the provisions in this part?

    All executive agencies must comply with the provisions of this part 
unless authorized by specific, separate statutory authority to do 
otherwise. Also, pursuant to 40 U.S.C. 549(b)(1), state agencies for 
surplus property (SASPs) must comply with the provisions of this part 
related to the donation of surplus property with special handling 
requirements. Legislative and judicial agencies are encouraged to follow 
these provisions.



Sec.  102-40.20  To whom do ``we,'' ``you,'' and their variants refer?

    The pronouns ``we,'' ``you,'' and their variants throughout this 
part refer to the executive agency, or other entity using these 
regulations, unless otherwise indicated.



Sec.  102-40.25  How do we request a deviation from these requirements
and who can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to request 
a deviation from the requirements of this part.

                               Definitions



Sec.  102-40.30  What definitions apply to this part?

    The following definitions apply to this part:
    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.

[[Page 164]]

    Ammunition as defined in 18 U.S.C. 921(a)(17), means ammunition or 
cartridge cases, primers, bullets, or propellant powder designed for use 
in any firearm.
    Ammunition components means the individual parts of ammunition, 
including cartridge cases, primers, bullets/projectiles, and propellant 
powder.
    Biologicals means hazardous materials associated with the products 
and operations of applied biology and/or biochemistry, 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 
(FDA) under 21 CFR part 1020.
    Commerce Control List Item (CCLI) means property identified on the 
Commerce Control List (15 CFR part 774, supp. 1) subject to export 
controls under the Export Administration Act of 1979, as amended (50 
App. U.S.C. 2401-2420) and implemented by the Export Administration 
Regulations (15 CFR part 730). Items may be placed on the list for 
reasons including, but not limited to, technology transfer, scarcity of 
materials, crime control, and national security.
    Controlled substances means--
    (1) Any narcotic, depressant, stimulant, or hallucinogenic drug, or 
any other drug or substance included in Schedules I, II, III, IV, or V 
of section 202 of the Controlled Substances Act (21 U.S.C. 812), except 
exempt chemical preparations and mixtures and excluded substances 
contained in 21 CFR part 1308; or
    (2) Any other drug or substance that the Attorney General determines 
to be subject to control under Subchapter I of the Controlled Substances 
Act (21 U.S.C. 801, et seq.); or
    (3) Any other drug or substance that by international treaty, 
convention, or protocol is to be controlled by the United States.
    Demilitarization means, as defined by the Department of Defense 
(DOD) in the Defense Material Disposition Manual, DOD 4160.21-M, to be 
the act of destroying the military offensive or defensive advantages 
inherent in certain types of equipment or material. The term includes 
mutilation, dumping at sea, scrapping, melting, burning, or alteration 
designed to prevent the further use of this equipment and material for 
its originally intended military or lethal purpose and applies equally 
to material in unserviceable or serviceable condition that has been 
screened through an Inventory Control Point and declared excess or 
foreign excess.
    Electronic Product means any item powered by electricity that has 
logic circuitry enabling the item to perform its intended function.
    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 property hazardous to the extent 
that it generally requires special handling such as licensing and 
training of handlers, protective clothing, and special containers and 
storage. Because of its extreme flammability, toxicity, corrosivity or 
other perilous qualities, it could constitute an immediate danger or 
threat to life and property and which usually have specialized uses 
under controlled conditions. It is also material which have been 
determined by the holding agency to endanger public health and safety or 
the environment if released to the general public.
    Firearm, as defined in 18 U.S.C. 921(a)(3), means:
    (1) 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;
    (2) The frame or receiver of any such weapon;
    (3) Any firearm muffler or firearm silencer; or
    (4) Any destructive device. Such term does not include an antique 
firearm.
    Hazardous material means property that is deemed a hazardous 
material, chemical substance or mixture, or hazardous waste under the 
Federal hazardous materials transportation law (49 U.S.C. 5101, et 
seq.), the Resource Conservation and Recovery Act (RCRA) (42

[[Page 165]]

U.S.C. 6901, et seq.), or the Toxic Substances Control Act (TSCA) (15 
U.S.C. 2601, et seq.). Generally, hazardous materials have one or more 
of the following characteristics:
    (1) Are carcinogens (according to Occupational Safety and Health 
Administration (OSHA) regulations at 29 CFR part 1910), toxic or highly 
toxic agents, reproductive toxins, irritants, corrosives, hepatotoxins, 
nephrotoxins, neurotoxins, agents that act on the hematopoietic system, 
and agents that damage the lungs, skin, eyes, or mucous membranes;
    (2) Are combustible liquids, compressed gases, explosives, flammable 
liquids, flammable solids, organic peroxides, oxidizers, pyrophorics, 
unstable (reactive) or water-reactive;
    (3) Are radioactive to the extent it requires special handling;
    (4) Identify hazards on associated SDS, MSDS, or HMIS documentation;
    (5) Possess 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.
    (6) Materials that, in the course of normal handling, use or 
storage, may produce or release dusts, gases, fumes, vapors, mists or 
smoke having any of the above characteristics.
    Hazardous waste means those materials or substances, the handling 
and disposal of which are governed by 40 CFR part 261. Hazardous 
materials generally become hazardous wastes when they are no longer 
suitable for their intended or valid alternate purpose, or for resource 
recovery. Some solid (non-hazardous) wastes are predetermined hazardous 
wastes upon generation (40 CFR part 261, subpart D); some are determined 
hazardous wastes when they exhibit ignitability, corrosivity, 
reactivity, or extraction procedure toxicity. Hazardous materials having 
an expired shelf life should be reclassified as hazardous waste if 
required by Federal and/or state environmental laws or regulations. 
Before reclassification, the shelf life may be extended if supported by 
results of tests and recertification performed by authorized personnel 
in accordance with applicable regulations.
    Lead-containing paint means paint or other similar surface coating 
material containing 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.
    Medical device means any health-care product that does not achieve 
its principal intended purposes by chemical action in or on the body or 
by being metabolized. Medical devices are categorized in the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301, et seq.). Potential hazards 
of these devices include chemical and heavy metal hazards, and 
biohazards.
    Munitions List Item (MLI) means property and related technical data 
designated as defense articles and defense services pursuant to sections 
2778 and 2794(7) of the Arms Export Control Act (22 U.S.C. 2778 and 
2794(7)).
    Noncertified Electronic Product means any electronic product for 
which there is an applicable radiation safety performance standard 
prescribed or hereafter prescribed by the FDA under 21 CFR part 1020, 
and which the manufacturer has not certified as meeting such standard. 
The non-certification may be due to either:
    (1) Manufacture of the product before the effective date of the 
standard; or
    (2) The product was exempted from the applicable standard and is so 
labeled.
    Nuclear Regulatory Commission-Controlled Material means material 
subject to the controls of the Nuclear Regulatory Commission (NRC) 
pursuant to the Energy Reorganization Act of 1974. The materials are 
defined as follows:
    (1) Byproduct material. 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).
    (2) Source material. 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).

[[Page 166]]

    (3) Special nuclear material. 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 (42 U.S.C. 
2011, et seq.), including any amendments thereto, determined 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).
    Perishable means an item subject to rapid deterioration, spoilage or 
death, when removed from special storage conditions or care, such as 
fresh food, animals, and plants.
    Precious metal means gold, silver, and platinum group metals 
(platinum, palladium, iridium, rhodium, osmium, and ruthenium).
    Radiation Safety Performance Standards. Certain electronic items or 
components emitting hazardous electronic radiation are subject to 
performance standards (21 CFR part 1020). You must follow FDA policies 
related to acquisition, use, and disposal of items identified by the FDA 
or other authority for which performance standards are established. See 
21 CFR 1000.15 for examples of electronic items that are required to 
follow radiation safety performance standards. Several types of 
electronic radiation (and examples of items that may emit that type of 
radiation) include: ionizing electromagnetic radiation (television 
receivers); ultraviolet electromagnetic radiation (tanning and 
therapeutic lamps); infrared and microwave electromagnetic radiation 
(certain alarm systems); and, laser emissions (certain cauterizing, 
burning, and welding devices).
    Reagent means any hazardous material used to detect or measure 
another substance or to convert one substance into another by means of 
the reactions it causes.
    Safety Data Sheet (SDS) means the documentation, as required by 29 
CFR 1910.1200, identifying the potential hazards associated with the 
specific category of product or property. Sources of SDS information may 
be the manufacturer, distributor, or the procuring agency. Related 
documentation, such as a Material Safety Data Sheet (MSDS) may also 
provide information on hazards associated with assets handled under this 
part.
    Universal Waste(s) mean(s) any of the following hazardous waste that 
is/are managed under the universal waste requirements of 40 CFR part 
273:
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in 40 CFR 273.3;
    (3) Mercury-containing equipment (including thermostats) as 
described in 40 CFR 273.4 and as defined at 40 CFR 273.9; and
    (4) Light bulbs containing mercury (such as fluorescent bulbs) as 
described in 40 CFR 273.5.



                       Subpart B_Responsibilities



Sec.  102-40.35  What types of personal property require special
handling?

    Personal property requiring special handling includes property 
containing hazardous materials or property which exhibits dangerous 
characteristics such that improper use, storage, transportation or 
disposal may lead to potential safety, health, environmental, economic, 
or national security risks. In many situations, the use, storage, 
transportation or disposal of these items is governed by Federal, state, 
and local laws. Personal property requiring special handling may also 
include animals and plants which may perish if not handled 
appropriately, as well as perishable products that may lose their 
utility if not handled appropriately.



Sec.  102-40.40  What are our responsibilities concerning personal
property requiring special handling?

    You are responsible for--
    (a) Identifying and accounting for property with special handling 
requirements;
    (b) Complying with applicable Federal, state, and local laws and 
regulations concerning the handling, storage, labeling, use, and final 
disposition of such property;
    (c) Ensuring adequate storage and safeguarding of such property, 
e.g., secured or limited access storage areas, warning signs, and 
protective clothing and equipment; and

[[Page 167]]

    (d) Transporting materials requiring special handling in accordance 
with Department of Transportation (DOT), EPA, state and local 
regulations.



Sec.  102-40.45  What must we do when we have identified personal property 
with special handling requirements?

    You must properly mark, tag, or label personal property with special 
handling requirements in accordance with applicable Federal law, 
including the Occupational Safety and Health Administration requirements 
(29 CFR 1910.1200), regarding the actual or potential hazard associated 
with the property, and ensure that such information is maintained and 
perpetuated in the official agency property records. Labeling 
requirements for substances that are excluded from the requirements of 
29 CFR 1910.1200 are found in the references listed in 29 CFR 
1910.1200(b)(5) and (6).



Sec.  102-40.50  What must we do when we no longer need personal property
with special handling requirements?

    Except for the items listed in Sec.  102-40.55, you must report 
excess personal property with special handling requirements that you no 
longer need to GSA for Federal and donation screening (see Sec.  102-
36.215 of this subchapter for how to report excess personal property to 
GSA). The report to GSA must clearly identify property requiring special 
handling, and all related hazards, precautions, and handling 
requirements related to this property. You must dispose of property not 
required to be reported to GSA in accordance with applicable Federal, 
state, and local laws and regulations, and your agency procedures. See 
Sec.  102-40.125 for policy regarding disposal of property requiring 
special handling by abandonment or destruction. Disposal must be 
accomplished so as to preserve as much as possible, any civilian utility 
or commercial value of the property.



Sec.  102-40.55  Do we report all excess personal property with special
handling requirements to GSA?

    No. Because of their characteristics, certain items are not subject 
to the usual disposal procedures. You are not required to report to GSA 
excess personal property with special handling requirements in any of 
the following categories listed below.
    (a) Extremely hazardous personal property. You must dispose of 
extremely hazardous personal property not reported to GSA in accordance 
with applicable demilitarization requirements, EPA regulations, state 
and local laws or regulations, and other Federal laws, regulations or 
guidelines. However, if time and circumstances permit, this material may 
be reported to GSA to optimize use of this already-acquired material. 
When an item that is determined to be extremely hazardous property 
becomes excess, the holding agency should notify the appropriate GSA 
regional personal property office, which will determine if the property 
should be reported using Report of Excess Personal Property, Standard 
Form (SF) 120 or another method. At a minimum, you must identify the 
item, and describe the actual or potential hazard(s) associated with the 
handling, storage, or use of the item(s). This GSA regional office will 
determine the utilization, donation, sales or other disposal 
requirements, and provide appropriate guidance to the holding agency.
    (b) Hazardous wastes. You must dispose of hazardous wastes not 
reported to GSA in accordance with applicable demilitarization 
requirements, EPA regulations, state and local laws or regulations, and 
other Federal laws, regulations or guidelines.
    (c) Perishables. You may dispose of perishables with no further 
utility by abandonment or destruction when it is not detrimental to 
public health or safety (see the abandonment/destruction provisions in 
Sec.  102-40.125 and in part 102-36 of this subchapter). Although there 
is no requirement to report perishables to GSA if their spoilage is 
imminent (see Sec.  102-36.220), perishables that have a longer time 
before spoilage and are clearly able to be used may be reported to GSA 
in accordance with part 102-36. When reporting perishables to GSA, you 
should annotate the Report for Excess Personal Property, SF 120 or 
electronic reporting form to show whether there is a specific expiration 
date for the perishable

[[Page 168]]

item and whether such date is an original or extended date.
    (d) EPA research and cleanup materials. The EPA, under its 
independent authority, may transfer accountability for hazardous 
materials deemed by EPA to be research materials to Federal, state, and 
local agencies, research institutions, or commercial businesses to 
conduct research or to clean-up a contaminated site.



Sec.  102-40.60  May we reassign hazardous materials?

    Yes, when hazardous materials are reassigned within an executive 
agency, information on the actual or potential hazard must be included 
in the documentation effecting the reassignment, and the recipient 
organization must perpetuate in the inventory or control records 
visibility of the nature of the actual or potential hazard.



Sec.  102-40.65  Who is responsible for the custody of hazardous 
materials and property requiring special handling?

    The holding agency is responsible for the custody of hazardous 
materials and property requiring special handling. Custody of these 
items may be transferred in whole or in part to another Federal agency 
with that receiving agency's consent.



Sec.  102-40.70  Who is responsible for the care and handling of
hazardous materials and property requiring special handling?

    (a) The holding agency is responsible for the care and handling of 
hazardous materials and property requiring special handling until the 
time the property has:
    (1) Completed the disposal process; and
    (2) Been transferred, donated, sold or destroyed, as authorized by 
this part. The nature of this material may require extra precautions, 
processes or equipment, thereby increasing the cost of care and 
handling. The costs associated with performing care and handling may be 
charged to the Federal agency or donation recipient in accordance with 
Sec.  102-40.95.
    (b) When transferring personal property to another federal agency, 
failure to disclose hazards or special handling requirements may result 
in the transferring agency being liable for additional costs incurred by 
the recipient agency, when authorized by applicable law and policy.



   Subpart C_Transfer and Donation of Personal Property With Special 
                          Handling Requirements



Sec.  102-40.75  What must we do when reporting excess personal property
with special handling requirements?

    You must include with your report of excess personal property a 
complete description of the characteristics of the property, use or 
disposal restrictions, and the actual or potential hazard(s) associated 
with the use, handling, or storage of the item. You should include a 
Safety Data Sheet (SDS), Material Safety Data Sheet (MSDS), or Hazardous 
Material Information System (HMIS) record (or equivalent) if available. 
The physical item which requires special handling must also be marked so 
as to identify its special characteristic(s).



Sec.  102-40.80  Is personal property requiring special handling available 
for transfer or donation?

    Generally, yes, with the exceptions contained in this part, personal 
property requiring special handling is available for transfer or 
donation in accordance with parts 102-36 and 102-37 of this subchapter, 
respectively. Surplus personal property identified as hazardous material 
not required for transfer as excess personal property to Federal 
agencies should normally be made available for donation. However, state 
agencies should not acquire hazardous materials without first ensuring 
that there are known eligible donees for such property. Moreover, all 
transfer and donation documents must include a complete description of 
the actual or potential hazard(s) associated with the handling, storage, 
use, or disposal of the item. Also, any continuing restrictions or 
instructions must be clearly identified on these documents.

[[Page 169]]



Sec.  102-40.85  Is donee certification required for the donation of
personal property requiring special handling?

    Yes, the transfer document must contain a full description of the 
actual or potential hazard(s) and restriction(s) associated with the 
handling, storage, use, transportation or disposal of the item. GSA will 
not approve a donation to a State Agency for Surplus Property (SASP) 
unless an eligible donee has been identified. This subpart does not 
prohibit a SASP from bringing an item requiring special handling into 
its warehouse or other place of storage, provided that this storage is 
of a temporary nature, that the storage arrangement is agreeable to all 
parties involved in the donation, and that the storage location has the 
necessary facilities, gear, and trained personnel to handle, store, 
protect, and transport the property. In addition, the following 
certification (or an equivalent) must be signed by the donee:

    I (We), the undersigned, hereby certify that the donee has knowledge 
and understanding of the nature of the property hereby donated which 
requires special handling, 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 property. The 
donee agrees and certifies that the United States 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 property, its use, or its final disposition. 
Additionally, the donee agrees and certifies to hold the United States 
harmless from and shall indemnify the United States against any or all 
debts, liabilities, judgments, costs, demands, suits, actions, or claims 
of any nature arising from or incident to the donation of the property, 
its use, or final disposition.

________________________________________________________________________
Name and title of Donee (print or type)

________________________________________________________________________
Signature of Donee



Sec.  102-40.90  Must we establish additional requirements for the 
inspection of personal property with special handling requirements?

    Yes, you are responsible for establishing appropriate safeguards and 
providing instructions for personal protection to screeners who are 
inspecting property with special handling requirements. Also, it is the 
responsibility of the state agency and/or donee to comply with DOT 
regulations (49 CFR parts 171 through 177) when transporting hazardous 
material. Any costs incident to repacking or recontainment will be borne 
by the state agency and/or donee. Also, state agencies and/or donees 
will comply with EPA's Resource Conservation and Recovery Act (40 CFR 
parts 261 through 265) including its application to transporters, 
storers, users, and permitting of hazardous wastes.



Sec.  102-40.95  Who pays for the costs incident to the transfer of
personal property with special handling requirements?

    You may charge the Federal agency or the SASP any costs you incur in 
packing, preparing for shipment, and transporting property with special 
handling requirements (see parts 102-36 and 102-37 of this subchapter).



 Subpart D_Sale of Personal Property With Special Handling Requirements



Sec.  102-40.100  May we sell personal property with special handling 
requirements?

    Generally, yes, you may sell personal property with special handling 
requirements through an authorized Sales Center, provided that the 
property has been reported in accordance with subpart B and C of this 
part, when you:
    (a) Comply with applicable Federal, state, and local laws and 
regulations, including part 102-38 of this subchapter; and
    (b) Follow applicable precautions including but not limited to 
proper packaging of the property, labeling with appropriate warning 
signs, and allowing for inspection of the property with proper 
safeguards.



Sec.  102-40.105  May we use any sales method to sell personal property
that requires special handling?

    Yes, unless specifically restricted as to sales methods by 
provisions in subpart E of this part, you may use any of the sales 
methods provided in part 102-38 of this subchapter, but you must:

[[Page 170]]

    (a) Advertise and conduct sales of such property separately from 
other sales;
    (b) Store and display such property in a safe and controlled manner 
as required by applicable statutes and/or regulations;
    (c) Indicate if the property is being sold only for scrap, and/or if 
there are any use requirements or restrictions;
    (d) Comply with the requirements of other Federal, state, and local 
laws and regulations; and
    (e) Conduct the sale through an agency authorized to sell Federal 
property in accordance with part 102-38 of this subchapter.



Sec.  102-40.110  What must we include in the sales terms and conditions
when selling personal property with special handling requirements?

    In addition to the recommended sales terms and conditions contained 
in part 102-38 of this subchapter, when selling personal property with 
special handling requirements you must include the following in the 
sales terms and conditions:
    (a) A full description of the actual or potential hazard(s) 
associated with handling, storage, or use of the item, as well as any 
use requirements, restrictions, or limitations;
    (b) An SDS, MSDS, or HMIS when available;
    (c) A certification, executed by a duly authorized agency official, 
that the item is appropriately labeled and packaged in accordance with 
applicable regulatory and statutory requirements;
    (d) Any additional requirements the purchaser must comply with prior 
to removal, e.g., demilitarization on-site;
    (e) The necessary steps the purchaser must take in the handling and 
transportation of the property when the property is sold; and
    (f) A statement that it is the purchaser's responsibility to comply 
with all applicable Federal, state, local, and export laws and 
regulations to ensure the proper registration, licensing, possession, 
transportation, and subsequent use, resale or disposal of the property. 
You must use the following certification (or an equivalent 
certification) when offering for sale an item requiring special 
handling. Failure to sign the certification may result in the bid being 
rejected as nonresponsive:

    The undersigned 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 
United States harmless from and indemnify the United States against 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 
items purchased.

________________________________________________________________________
Name of bidder (print or type)

________________________________________________________________________
Signature of bidder



Sec.  102-40.115  Are certifications required from the purchaser when 
selling personal property with special handling requirements?

    Yes, in addition to receiving a certification that the purchaser 
will comply with all Federal, state, and local laws and regulations with 
respect to the care, handling, storage, shipment, and disposal of 
personal property with special handling requirements (see certification 
at Sec.  102-40.110), you must obtain from the purchaser a certification 
that the purchaser will comply with any additional requirements 
associated with the property, such as demilitarization, export controls 
on CCLI, or mutilation requirements for flight safety critical aircraft 
parts. These additional requirements may be imposed by any law, 
regulation, or policy.



Sec.  102-40.120  What precautions must we take during the sales process
for personal property requiring special handling?

    (a) It is your responsibility to prepare items with special handling 
requirements for sale, provide all necessary information to ensure that 
prospective bidders are informed of hazards and special processing 
requirements, and identify precautions that bidders should take to 
protect themselves while inspecting, packing or moving items with 
special handling requirements. You must make any safety gear or 
equipment needed during the

[[Page 171]]

sales process available to prospective bidders and others involved in 
the inspection, packing or moving of these items.
    (b) Unless authorized by the appropriate GSA regional office, you 
must not sell extremely hazardous property unless the property is 
rendered innocuous or adequate safeguards are provided. Such property 
must be rendered innocuous in a manner so as to preserve the utility or 
commercial value of the property.



Sec.  102-40.125  May we dispose of personal property requiring special
handling by abandonment or destruction?

    Yes, you may dispose of personal property requiring special handling 
by abandonment or destruction. However, in addition to the requirements 
for the abandonment or destruction of property in Sec. Sec.  102-36.305 
through 102-36.330 of this subchapter, you must also satisfy applicable 
Federal, state, and local waste disposal and air and water pollution 
control standards, laws, and regulations. You must ensure that such 
property, including empty hazardous material containers, not be 
abandoned until made safe, demilitarized, reduced to scrap, or otherwise 
made innocuous. You should also preserve, as much as possible, any 
civilian utility or commercial value of the property (see Sec.  102-
40.50.) National security classified items must be declassified or 
destroyed in accordance with holding agency regulations.



    Subpart E_Categories of Personal Property With Special Handling 
                              Requirements



Sec.  102-40.130  What categories of personal property require special 
handling?

    Many categories of personal property have special handling 
requirements in compliance with applicable Federal, state, and local 
regulations and ordinances for their handling, transportation, storage, 
disposal and use. See appendix A to this part for a listing of Federal 
Supply Classifications (FSCs) containing predominately hazardous items 
and appendix B to this part for a listing of FSCs containing a 
significant number of hazardous items. See Sec. Sec.  102-40.130 through 
102-40.235 for special handling instructions for some categories of 
property for which Federal property managers are likely to have 
responsibility.



Sec.  102-40.135  How do we manage acid-contaminated and explosive-
contaminated property?

    (a) Acid-contaminated or explosive-contaminated property is 
considered extremely hazardous property and is not reported to GSA for 
subsequent transfer or donation. However, you should notify GSA of this 
property in accordance with Sec.  102-40.55. If the property is not 
transferred or donated, you may dispose of such property by sale, in 
accordance with subpart D of this part and with the condition that the 
purchaser sufficiently decontaminates the property to the degree that it 
is no longer extremely hazardous. Also, such property must be properly 
labeled in accordance with Sec.  102-40.45 and should not be abandoned. 
When destroyed, such destruction should be accomplished under Sec.  102-
40.125.
    (b) When selling acid or explosive contaminated property, the sales 
terms and sales documentation must both include the following 
certification, or an equivalent certification, which must be signed by 
the successful bidder.

    It is hereby certified that the undersigned 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. 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.

________________________________________________________________________
Name of purchaser (print or type)

________________________________________________________________________
Signature of purchaser



Sec.  102-40.140  How do we handle all-terrain vehicles (ATVs)?

    (a) Three-wheeled and four-wheeled all-terrain vehicles (ATVs) can 
be exchanged with a dealer under the provisions of part 102-39 of this 
subchapter. Three-wheeled ATVs not exchanged

[[Page 172]]

must be mutilated in a manner to prevent operational use and may be sold 
only as salvage or scrap. Four-wheeled ATVs not exchanged may be offered 
for transfer and donation only when documented in accordance with 
Sec. Sec.  102-40.75 and 102-40.80. In addition, any transfer or 
donation documentation for four-wheeled ATVs must require the recipient 
to acknowledge that the recipient will follow regulations and guidelines 
published by the Consumer Product Safety Commission related to these 
items, including age recommendations, restrictions on usage, and 
operator training. Four-wheeled ATVs not exchanged, transferred, or 
donated may be offered for sale as either salvage or scrap only after 
they have been mutilated in a manner to prevent operational use. Four-
wheeled ATVs must not be released to the public after donee use, nor may 
they be released to the public after Federal use if the ATVs are not 
donated.
    (b) A donation transfer document must contain a full description of 
the actual or potential hazard(s) and restriction(s) associated with the 
handling, storage, use, transportation or disposal of the item. In 
addition, the following certification (or an equivalent) must be signed 
by the donee:

    I (We), the undersigned, hereby certify that the donee has knowledge 
and understanding of the nature of the property hereby donated which 
requires special handling, 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 property. The 
donee agrees and certifies that the United States 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 property, its use, or its final disposition. 
Additionally, the donee agrees and certifies to hold the United States 
harmless from and shall indemnify the United States against any or all 
debts, liabilities, judgments, costs, demands, suits, actions, or claims 
of any nature arising from or incident to the donation of the property, 
its use, or final disposition.

________________________________________________________________________
Name and title of Donee (print or type)

________________________________________________________________________
Signature of Donee



Sec.  102-40.145  How do we handle ammunition and ammunition components?

    (a) Report usable ammunition to GSA for possible transfer to a 
Federal agency. You must not donate surplus ammunition, but you may 
donate surplus ammunition components to eligible donation recipients. 
You may sell non-expended ammunition and ammunition components (expended 
and non-expended) only to companies licensed to perform manufacturing/
remanufacturing processes under the provisions of 18 U.S.C. 923 or other 
Federal law or regulation or to companies allowed to purchase ammunition 
components under local and state laws. If the ammunition is regulated 
pursuant to the National Firearms Act (NFA) or any other Federal 
regulation, then the ammunition can only be disposed of in accordance 
with applicable regulation. Ammunition greater than .50 caliber can, in 
some instances, be regulated under the NFA. You must follow any 
demilitarization requirements. When selling ammunition and ammunition 
components, the sales terms and sales documentation must both include 
the following certification, or an equivalent certification, which must 
be signed by the successful bidder:

    Item No. __contains ammunition or 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 or ammunition components.
    If the item being sold is scrap ammunition, the undersigned 
certifies that he/she is licensed to perform manufacturing/
remanufacturing under the provisions of 18 U.S.C. 923 or other Federal 
law or regulation.
    If the item being sold is a scrap ammunition component, the 
undersigned certifies that these scrap ammunition components will not be 
used for the original manufactured purpose.

________________________________________________________________________
License issuing authority and license number

________________________________________________________________________
Name of bidder (print or type)

________________________________________________________________________
Signature of bidder


[[Page 173]]


    (b) In addition to sales as described in paragraph (a) of this 
section, expended ammunition cartridge cases may also be transferred or 
donated when the recipient certifies that the spent brass will be 
reloaded and used only for law enforcement purposes. If there is no 
Federal or state donation interest in the cases, and a sale of the scrap 
is not feasible, cartridge cases may be disposed of using abandonment or 
destruction procedures under Sec.  102-40.125. The recipient must 
certify that the expended cartridge cases will not be used for the 
original manufactured purpose.
    (c) The transportation of primers or propellant powder is governed 
by 49 CFR parts 171 through 180.



Sec.  102-40.150  How do we handle animals and plants?

    (a) Whenever possible, you should report live animals and plants to 
GSA for transfer, donation or sale. They are, however, considered 
perishables and may be disposed of by abandonment or destruction 
procedures in accordance with the authority contained in Sec.  102-
40.125. Abandonment or destruction procedures may be used for animals 
other than those specifically addressed below, where warranted for 
humane purposes.
    (b) Unfit horses and mules may be humanely euthanized or put out to 
pasture in accordance with 40 U.S.C. 1308 and agency policies. Transfers 
of unfit horses or mules to Federal agencies must be conducted in 
accordance with part 102-36 of this subchapter. In the event that a 
transfer of these animals can be made to a humane organization, the 
transfer may be conducted under procedures contained in part 102-37 of 
this subchapter.
    (c) Under 40 U.S.C. 555, you may transfer canines formerly used in 
the performance of law enforcement duties to an individual experienced 
in handling canines in the performance of those duties, in accordance 
with agency policy and procedures. For example, the ``individual'' may 
be the current handler of that canine or a previous handler.



Sec.  102-40.155  How do we handle asbestos?

    (a) Items with asbestos content must be handled in accordance with 
the EPA regulations found at 40 CFR part 61, subpart M. Further 
information on laws and regulations related to asbestos may be found at 
www.epa.gov/asbestos.
    (b) Report to GSA excess personal property containing nonfriable 
asbestos, as defined in 40 CFR 61.141, for subsequent transfer, donation 
or sale in accordance with parts 102-36 through 102-38 of this 
subchapter. Nonfriable asbestos materials cannot:
    (1) When dry, be crumbled, pulverized, or reduced to powder by hand 
pressure; or
    (2) Contain asbestos which is bonded or otherwise rendered 
unavailable for release into the atmosphere through normal usage. All 
disposal documentation related to personal property containing 
nonfriable asbestos, such as exchange/sale, reporting, transfer, 
donation, and sales documents, must include a warning statement that the 
item may contain asbestos and must not be cut, crushed, sanded, 
disassembled or otherwise altered. The property must also be labeled or 
marked with such warning statements.
    (c) You must use a warning such as the following on the 
documentation reporting or requesting the exchange/sale, transfer, 
donation or sale of an item containing asbestos:

                                 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 61. State and local authorities may have 
additional restrictions on the disposal of items containing asbestos.

    (d) Property containing asbestos should be labeled with a warning 
such as the following:

                                 WARNING

    This property contains asbestos. Inhaling asbestos fibers may cause 
cancer. Do not release fibers by cutting, crushing, sanding,

[[Page 174]]

disassembling, or otherwise altering this property.

    (e) Nonfriable asbestos that is not transferred, donated, or sold 
may be abandoned as provided in Sec.  102-40.125 and part 102-36 of this 
subchapter. If destroyed by burial, items containing friable or 
nonfriable asbestos must be disposed of by burial at a site that meets 
the requirements of 40 CFR 61.154.
    (f) Friable asbestos materials that 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. Property containing friable asbestos normally is 
not to be transferred, donated or sold. Notwithstanding these 
provisions, holding agencies, on a case-by-case basis, may request 
approval from GSA Central Office, with consultation from the EPA, to 
transfer, donate or sell such property if in the judgment of the holding 
agency, special circumstances warrant such action.
    (g) Excess personal property known to contain friable asbestos shall 
neither be reported to GSA nor transferred among Federal agencies 
excepted as noted in paragraph (f) of this section.
    (h) Surplus property containing friable asbestos is to be neither 
donated nor sold. Such property is disposed of under paragraph (i) of 
this section.
    (i) Excess and surplus property containing friable asbestos is to be 
disposed of by burial in a site that meets the EPA requirements of 40 
CFR 61.156. Holding agencies should contact the nearest office of the 
EPA for assistance with regard to the disposal of materials containing 
asbestos, with the exception of DOD, who should contact the Defense 
Logistics Agency (DLA).



Sec.  102-40.160  How do we handle controlled substances?

    (a) You are not required to report excess controlled substances to 
GSA, but you should make reasonable efforts to transfer them to Federal 
agencies in accordance with Drug Enforcement Administration (DEA) 
regulations (21 CFR part 1307). The recipient agency must certify that 
it is authorized to procure the particular controlled substance and 
provide the registration number on the Certificate of Registration, 
issued by the DEA. See the transfer procedures in FMR part 102-36 (41 
CFR part 102-36).
    (b) You must not donate controlled substances.
    (c) In accordance with sales procedures specified in part 102-38 of 
this subchapter, and under the conditions specified in this paragraph, 
you may sell controlled substances by sealed bid only, to bidders who 
have registered with the DEA to manufacture, distribute, or dispense of 
the particular controlled substance. As a condition of sale, the bidder 
must submit verification of DEA registration. Prior to finalizing the 
sale, you must obtain confirmation from the DEA of the bidder's status 
as a registered manufacturer, distributor or dispenser of controlled 
substances.
    (1) The invitation for bids for controlled substances must list only 
controlled substances and must only be distributed to bidders who are 
registered with the DEA, Department of Justice, to manufacture, 
distribute or dispense of the controlled substances being sold. In 
addition, the following statement, or an equivalent statement, must be 
included in the sales terms and conditions when selling controlled 
substances:

    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 
controlled substances which are the subject of the award.

    (2) The following certification, or an equivalent certification, 
must be made a part of the invitation for bids and contract to be 
completed and signed by the bidder and returned with the bid. Failure to 
sign the certification may result in the bid being rejected as 
nonresponsive:

    The undersigned bidder certifies that he/she is Registered with the 
Drug Enforcement Administration, Department of Justice, as a 
manufacturer, distributor, or dispenser of

[[Page 175]]

the controlled substances for which a bid is submitted and the 
registration number is: __.
    This certification is made in accordance with and subject to the 
penalties of Title 18, Section 1001, United States Code, Crime and 
Criminal procedures.

________________________________________________________________________
Name of bidder (print or type)

________________________________________________________________________
Signature of bidder

________________________________________________________________________
Address of bidder (print or type)

________________________________________________________________________
City, State, Zip code

    (d) As a condition precedent to making an award for the sale of 
surplus controlled substances, holding agencies should follow procedures 
provided by the DEA in 21 CFR part 1310.
    (e) You must not abandon controlled substances. You must destroy 
controlled substances in such a manner as to ensure total destruction to 
preclude any further use, and ensure such destruction is in compliance 
with DEA regulations, 21 CFR part 1307, or other procedures approved by 
DEA, and coordinate with local air and water pollution control 
authorities when required. Destruction must be witnessed and certified 
by two employees of your agency, unless DEA directs otherwise. The 
following certification, or an equivalent certification, must be used to 
document the destruction of controlled substances:

    We, the undersigned, have witnessed the destruction of the 
(controlled substance(s)) described herein and in the manner of 
destruction and on the date stated herein:

Certification of destruction of: ___

________________________________________________________________________
Manner in which destruction was performed

________________________________________________________________________
Date

________________________________________________________________________
Witness

________________________________________________________________________
Date

________________________________________________________________________
Witness

________________________________________________________________________
Date



Sec.  102-40.165  How do we handle drugs, biologicals, and reagents other
than controlled substances?

    (a) Drugs, biologicals, and reagents other than controlled 
substances may be transferred to another Federal agency for official 
purposes under procedures specified in part 102-36 of this subchapter. 
For donation of drugs, biologicals, or reagents other than controlled 
substances, follow the procedures in part 102-37 of this subchapter, and 
paragraph (c) of this section.
    (b) Drugs, biologicals, and reagents other than controlled 
substances must be clearly identified when they are unfit for human use. 
As a general rule, you must destroy drugs, biologicals, and reagents 
unfit for human use, with destruction performed by an agency employee 
and witnessed and certified by two additional representatives of your 
agency. Similarly, destruction of this property held by a SASP or donee 
must be destroyed by a SASP employee and witnessed by two additional 
SASP employees. Destruction shall be coordinated with local air and 
water pollution control authorities, when required. However, you may 
report such property to GSA for subsequent transfer or donation for the 
purpose of animal experimental use when the property is unfit due to 
expired shelf life. The following certification, or an equivalent 
certification, must be used and retained by the Federal agency or SASP 
to document the destruction of drugs, biologicals, and reagents:

    We, the undersigned, have witnessed the destruction of the (drugs, 
biologicals, and reagents) described in the foregoing certification in 
the manner of destruction and on the date stated herein:

Certification of destruction of: ___

________________________________________________________________________
Manner in which destruction was performed

________________________________________________________________________
Date

________________________________________________________________________
Witness

________________________________________________________________________
Date

________________________________________________________________________
Witness

________________________________________________________________________
Date


[[Page 176]]


    (c) When donating drugs, biologicals, or reagents other than 
controlled substances, the SASP shall obtain a certification from the 
donee indicating that the items donated will be safeguarded, dispensed, 
and administered under competent supervision and in accordance with 
Federal, state, and local laws and regulations. Surplus drugs, 
biologicals, and reagents requested for donation by state agencies will 
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. Additionally, Transfer Order Surplus Personal 
Property, SF 123 from a state agency requesting surplus drugs, 
biologicals, and reagents for donation will 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. A copy of the donee's license, 
registration, or other legal authorization to administer, dispense, 
store, or distribute such property should be attached and made a part of 
the SF 123. The administration or use of drugs, biologicals, and 
reagents must be in compliance with the Federal Food, Drug, and Cosmetic 
Act, as amended (21 U.S.C. 301, et seq.).
    (d) The sale of any unexpired drugs, biologicals, or reagents must 
be in accordance with rules published by the Food and Drug 
Administration (FDA). You may sell drugs, biologicals, and reagents 
other than controlled substances, only to those entities legally 
qualified to engage in the sale, manufacture or distribution of such 
items and a certification or evidence of licensing must accompany the 
bids. An entity is legally qualified when a Federal agency (e.g., the 
Department of Health and Human Services, the DEA, or the Department of 
Agriculture) or state agency having legal or regulatory oversight over 
that commodity has approved the entity to engage in the designated 
activity.
    (1) When selling drugs, biologicals, and reagents other than 
controlled substances, the following condition of sale (or an equivalent 
condition of sale) must be used:

    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.

    (2) The following certification, or an equivalent certification, 
must 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 undersigned 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. 
This certification is made in accordance with and subject to the 
penalties of Title 18, Section 1001, United States Code, Crime and 
Criminal procedures.

________________________________________________________________________
Name of bidder (print or type)

________________________________________________________________________
Signature of bidder

________________________________________________________________________
Address of bidder (print or type)

________________________________________________________________________
City, State, Zip code



Sec.  102-40.170  How do we handle electronic products?

    (a) Additional guidance regarding the disposal and reporting of 
Federal electronic products is found under FMR part 102-36 (41 CFR part 
102-36).
    (b) Excess electronic products, certified and noncertified, meeting 
radiation safety performance standards or electronic products which are 
not required to meet such performance standards must be reported to GSA 
for transfer to Federal agencies in accordance with part 102-36 of this 
subchapter and may be donated or sold in accordance with parts 102-37 
and 102-38 of this subchapter, respectively.
    (c) Excess electronic products NOT meeting radiation safety 
performance standards must be reported to GSA for transfer to Federal 
agencies in accordance with FMR part 102-36 (41 CFR part

[[Page 177]]

102-36) and may be donated or sold in accordance with parts 102-37 and 
102-38 of this subchapter, respectively. The report to GSA, and any 
subsequent transfer, donation, or sales documents, must include a 
statement that the items are not in compliance with applicable radiation 
safety performance standards and specify the standard which is not being 
met. Additionally, the recipient must acknowledge that they are aware of 
the potential danger in handling or using such items.
    (d) Donation documentation for items not meeting radiation safety 
performance standards must contain the following certification, or an 
equivalent certification, signed by the donee before release:

    I (We), the undersigned, hereby certify that the donee has knowledge 
and understanding 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 standards prescribed for the item under 21 CFR parts 1010 
through 1050, and agrees to accept the item from the holding agency for 
donation under those conditions. The undersigned further agrees 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 item, its use, or its 
final disposition. The undersigned also 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.

________________________________________________________________________
Name of Donee (print or type)

________________________________________________________________________
Signature of Donee

    (e) Sales documents listing electronic products not meeting safety 
performance standards must also clearly warn purchasers that the items 
may not be in compliance with FDA radiation safety performance standards 
prescribed pursuant to 21 CFR parts 1010 through 1050 and that the 
purchaser assumes all risks associated with the use or resale of the 
items. The following type of warning will be placed on the sales 
documentation:

                                 WARNING

    Purchasers are warned that the item purchased herewith may not be in 
compliance with Food and Drug Administration radiation safety 
performance standards prescribed pursuant to 21 CFR parts 1010 through 
1050, and use may result in personal injury unless modified. The 
purchaser agrees that the United States 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 United States harmless from and shall indemnify the United States 
against any or all debts, liabilities, judgments, costs, demands, suits, 
actions, or claims of any nature arising from or incident to the 
purchase, use 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 standards prescribed for the item 
under 21 CFR parts 1010 through 1050, unless authorized by 21 CFR 1002.4 
to have the dealer or distributor hold and preserve.

    (f) You must dispose of all electronic products in accordance with 
all Federal and state laws, including the Solid Waste Disposal Act (42 
U.S.C. 6901, et seq.) and Executive Order 13423, Strengthening Federal 
Environmental, Energy, and Transportation Management. You should also be 
aware of the prohibitions and liabilities contained in 42 U.S.C. 9607.
    (g) When donating or selling electronic products, the sales terms 
and sales documentation, or donation document, must include the 
following certification, or an equivalent certification, which must be 
signed by the donee or successful bidder:

    It is hereby certified that the undersigned purchaser or donee will 
comply with all the applicable Federal, state, and local laws, 
ordinances and regulations with respect to the care, handling, storage, 
disposal, and shipment, resale, export, or other use of the electronic 
products, hereby purchased or donated, and that he/she is a user of, or 
dealer in, said products. 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.
    When recycling electronic products, purchaser or donee should use 
any national standards, best management practices, or existing 
certification programs for recyclers in

[[Page 178]]

addition to Federal, state, and local laws, ordinances and regulations. 
In the absence of national standards, best management practices, or a 
national certification program for recyclers, the purchaser/donee should 
use ``EPA's Guidelines for Materials Management'' found at http://
www.epa.gov/epawaste/index.htm

________________________________________________________________________
Name of purchaser or donee (print or type)

________________________________________________________________________
Signature of purchaser or donee

    (h) Additionally, noncertified and certified electronic products 
must be abandoned under the provisions of Sec.  102-40.125.



Sec.  102-40.175  How do we handle firearms?

    (a) You must submit reports and transfer documents on excess 
firearms to GSA (8QSC), Denver, CO 80225-0506. GSA will approve 
transfers of firearms only to those Federal agencies authorized to 
acquire firearms for official use, and may require additional written 
justification from the requesting agency.
    (b) GSA may donate only surplus hand guns, rifles, shotguns, and 
individual light automatic weapons previously used by the Federal 
Government, with less than .50 caliber in Federal Supply Classification 
(FSC) 1005, and rifle and shoulder fired grenade launchers in FSC 1010, 
with a disposal condition code of 4 or better (see condition codes in 
Sec.  102-36.240 of this subchapter). Only 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, may obtain these donated 
firearms for law enforcement purposes.
    (c)(1) For purposes of donation under paragraph (b) of this section, 
each Transfer Order Surplus Personal Property SF 123 must be accompanied 
by a conditional transfer document, signed by both the intended donee 
agency and the SASP, which includes the special terms, conditions, 
restrictions, and other forms or information required for the transfer 
of the donated firearms. Restrictions on donated firearms are perpetual 
and may not be amended by the SASP without prior written approval from 
GSA. Donated firearms must be released or shipped directly from the 
Federal donor agency to the designated donee.
    (2) If the firearms to be donated are subject to the National 
Firearms Act, 26 U.S.C. Chapter 53, (e.g., machineguns, silencers, 
short-barrel rifles, short-barrel shotguns, firearms over .50 caliber or 
with a bore diameter of more than \1/2\ inch, and destructive devices) 
the SF 123 must be accompanied by an ATF Form 10, Application for 
Registration of Firearms Acquired by Certain Governmental Entities, 
completed by the donee agency as specified in 27 CFR 479.104. Upon 
approval of the donation by the SASP, the Form 10 shall be forwarded in 
accordance with the form's instructions. The Chief, National Firearms 
Act Branch, shall notify the donee agency of ATF registration of the 
donated firearms by returning the approved Form 10 to the donee agency. 
The donee agency shall provide a copy of the approved Form 10 to the 
SASP who shall retain a copy of the approved Form 10 and attach it to 
the SF 123. Firearms shall not be released for shipment until the ATF 
Form 10 has been approved by the ATF and a copy provided to the SASP. 
The registration of any firearms on ATF Form 10 is for official use only 
and subsequent transfers will be approved only to other Governmental 
entities for official use and in accordance with paragraph (e)(2) of 
this section. If you have questions concerning whether particular 
firearms are subject to the National Firearms Act, contact the Firearms 
Technology Industry Services Branch, ATF, at (304) 616-4300 or 
[email protected].
    (d) When authorized by circumstances described in paragraphs (e), 
(f), (g), or (i) of this section, the destruction of firearms must be 
performed by an entity authorized by your agency head or designee. The 
destruction must be witnessed by two additional agency employees 
authorized by the agency head or designee.
    (e)(1) When the approved donee agency no longer needs the donated 
firearms, the donee agency must notify the SASP. The SASP may, with GSA 
approval and in accordance with paragraph (e)(2) of this section, 
reassign

[[Page 179]]

firearms to another donee agency within the state or to a donee agency 
in another state through the appropriate SASP. In such a case, transfer 
of the firearms must be between eligible donee agencies only. No SASP is 
eligible to take custody of the firearms. If the firearms are not sought 
for reassignment, the donee agency and a representative from the SASP, 
or designee, must witness destruction of the firearms and complete and 
sign a certificate of destruction, which will be maintained by the SASP. 
If firearms subject to the National Firearms Act are destroyed, the SASP 
shall notify the Chief, National Firearms Act Branch, ATF, so the 
destruction can be noted in the National Firearms Registration and 
Transfer Record.
    (2) If the firearms sought for reassignment are subject to the 
National Firearms Act, the firearms must be transferred in accordance 
with 27 CFR 479.90. This regulation requires that the donor agency 
submit an ATF Form 5, Application for Tax Exempt Transfer and 
Registration of Firearm, which must be approved prior to transfer of the 
firearms. Donor agencies wishing to reassign firearms subject to the 
National Firearms Act shall submit a completed ATF Form 5 to the SASP 
along with the request to reassign the firearms to another donee agency. 
The SASP shall forward the ATF Form 5 to the Chief, National Firearms 
Act Branch. If transfer is approved by the ATF, the donor agency will 
receive a copy of the Form 5, with approval noted thereon, from the 
Chief, National Firearms Act Branch, ATF. The donor agency shall provide 
a copy of the approved Form 5 to the SASP at which time the reassignment 
shall be approved.
    (f) You must not abandon firearms. You must destroy unneeded 
firearms by crushing, cutting, breaking, or deforming each firearm in a 
manner to ensure that each firearm is rendered completely inoperative 
and incapable of being made operable for any purpose except the recovery 
of basic material content. Destruction of firearms must be performed as 
stated in paragraphs (d) and (e) of this section.
    (g) You must not dispose of functional or repairable firearms under 
an exchange/sale transaction or by sale. Surplus firearms may be sold 
only for scrap after total destruction as described in paragraph (f) of 
this section to ensure that the firearms are rendered completely 
inoperative and to preclude their being made operative. Such sale shall 
be conducted under part 102-38 of this subchapter.
    (h)(1) Except as provided in paragraph (h)(2) of this section, 
firearms received as foreign gifts may be offered for transfer to 
Federal agencies or sold to the gift recipient in accordance with part 
102-42 of this subchapter. If sold to the gift recipient, a 
certification signed by the gift recipient certifying compliance with 
all Federal, state, and local laws regarding purchase and possession of 
firearms must be received by the gift recipient's agency and the agency 
conducting the sale prior to the sale and release of such firearm to the 
gift recipient.
    (2) Firearms subject to the National Firearms Act, 26 U.S.C. Chapter 
53 that are received as foreign gifts cannot be lawfully transferred to 
an individual gift recipient. These firearms must remain the property of 
the United States or may be transferred to a donee agency in accordance 
with paragraphs (b) and (c) of this section. In addition, all firearms 
must also be transferred, shipped, received, and possessed in accordance 
with the Gun Control Act of 1968. Persons having questions concerning 
compliance with the Gun Control Act should contact the nearest ATF field 
office.
    (i) Firearms that are forfeited, voluntarily abandoned, or unclaimed 
as described in 40 U.S.C. 1306 and 40 U.S.C. 552, must be reported to 
GSA for disposal in accordance with Sec.  102-41.195 of this subchapter. 
GSA will direct the disposition of these firearms under this section.



Sec.  102-40.180  How do we handle hazardous materials?

    (a) You may use any of the following methods for the identification 
of hazardous materials:
    (1) As part of the process under current acquisition standards, 
manufacturers must provide SDSs or similar documentation to identify 
potential

[[Page 180]]

hazards. SDSs are also prescribed by OSHA under 29 CFR part 1910.
    (2) An automated database maintained by GSA Federal Acquisition 
Service contains MSDSs for all GSA-procured hazardous materials. To 
request an MSDS, you may send an email to [email protected], or call, Toll 
Free: 866-588-7659, DSN: 465-5097, or Commercial: 816-926-5097.
    (3) A collection of hazard-related information in DOD's HMIS 
provides transportation and disposal information.
    (4) Appendix A to this part contains a list of the Federal Supply 
Classes (FSC) of property that are composed predominantly of hazardous 
items.
    (5) When information is not available under paragraphs (a)(1), (2), 
(3), or (4) of this section, contact the manufacturer, the procuring 
agency, or your technical staff for assistance in obtaining the SDS, 
MSDS, or HMIS information.
    (b) You must verify items with an expired shelf life or reclassify 
them as hazardous wastes when required by Federal, state, or local 
environmental laws or regulations. If the item has been determined 
hazardous, the owning Federal agency must document the accountable 
inventory record accordingly. If the item has not been appropriately 
labeled by the manufacturer or distributor, the owning agency must 
appropriately label, mark, or tag the item in accordance with OSHA 
requirements (29 CFR 1919.1200) regarding the actual potential hazard 
associated with the handling, storage, or use of the item.
    (c) For transportation of hazardous materials, see 49 CFR parts 171 
through 180.
    (d) For disposal of hazardous materials, see Sec. Sec.  102-40.35 
through 102-40.125.
    (e) Unless authorized by GSA, extremely hazardous property may not 
be sold unless it is rendered innocuous, mutilated or otherwise made 
safe. You should, however, render such property innocuous in a manner so 
as to preserve the maximum utility or commercial value of the property 
when possible.



Sec.  102-40.185  How do we handle lead-containing paints and items 
bearing lead-containing paint?

    (a) You may transfer, donate or sell such items in compliance with 
restrictions and requirements found in the Consumer Product Safety 
Commission regulations set forth in 16 CFR part 1303. The transfer, 
donation or sales documents must clearly describe these leaded items and 
why they require special handling, and identify the danger inherent in 
the use or disposal of such paint and items bearing lead-containing 
paint. You must not abandon such items or their containers. You must 
destroy them in a way that will prohibit future acquisition and use, and 
in a manner authorized by law and regulation. Any removal (stripping) of 
lead paint incident to disposal must be accomplished in conformance with 
Federal regulations and industry guidelines such as those promulgated by 
the EPA (http://www.epa.gov) or OSHA (http://www.osha.gov).
    (b) If disposal of the items described in paragraph (a) of this 
section is allowable, the following must be placed on the items:
    (1) The following warning:

                                 WARNING

Contains Lead. Dried Film of This Paint May be Harmful if Eaten or 
Chewed.

    (2) The following additional statement or its practical equivalent 
on their labels:
    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) Donation documentation (including the SF 123) must contain the 
following certification, or an equivalent certification:

    The property requested herein shall be used only as specified in 16 
CFR part 1303 and in no case shall be in contact with children. I, the 
undersigned, agree the United States 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 United States harmless 
from, and shall indemnify the United States against, any or

[[Page 181]]

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.

________________________________________________________________________
Name of donee (print or type)

________________________________________________________________________
Signature of donee

    (d) When selling lead-containing paint or items bearing lead-
containing paint, the sales terms and sales documentation must include 
this certification, or an equivalent certification. Failure to sign the 
certification where it appears as a sales term may result in the bid 
being rejected as nonresponsive:

    I, the undersigned, 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 United States 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 United States harmless from, and shall indemnify the United States 
against, 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.

________________________________________________________________________
Name of bidder (print or type)

________________________________________________________________________
Signature of bidder



Sec.  102-40.190  How do we handle medical devices?

    (a) Medical devices are subject to the laws and regulations 
administered by FDA. Provisions of the governing statute, the Federal 
Food, Drug, and Cosmetic Act, appear in 21 U.S.C. 301, et seq. FDA 
regulations covering medical devices are found in 21 CFR chapter I, 
subpart H. The Act prohibits the movement in interstate commerce of 
medical devices that are adulterated or misbranded (21 U.S.C. 331). The 
Act authorizes FDA to initiate civil proceedings to seize or enjoin the 
distribution of such items (21 U.S.C. 334), and to report any violations 
to a U.S. Attorney for prosecution, after such individual is given 
notice and a hearing (21 U.S.C. 335).
    (b) Prescription devices are subject to additional Federal, state, 
local, and other applicable laws. Federal law requires that prescription 
devices be in the possession of either: Persons lawfully engaged in the 
manufacture, transportation, storage, or wholesale or retail 
distribution of such device; or, practitioners licensed by their states. 
Federal law also requires that prescription devices be sold only to, or 
on the prescription or order of, a licensed practitioner for use in the 
course of his or her professional practice, and that the devices are 
labeled in a specific manner.
    (c) Non-Federal recipients must certify in writing that such 
property will be used, resold or transported in conformance with FDA 
regulations. Any proposed destruction of medical equipment must be 
coordinated with local health and sanitation officials.



Sec.  102-40.195  How do we handle Munitions List Items (MLIs)?

    (a) Munitions List Items (MLIs) are listed in 22 CFR part 121. A 
system of demilitarization codes identifies the extent of alteration or 
destruction necessary when transferring or selling MLIs. The appropriate 
code is normally assigned to items when they enter the supply system of 
the Department of Defense (DOD) or a civilian agency. Refer to DOD 
4160.21-M-1 (Change No. 1) for a complete description of the DOD program 
and the requirements to be followed for property owned, procured by or 
under the control of DOD. The DOD manual is available from the Defense 
Logistics Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060. If 
your agency uses another system of identifying items requiring 
demilitarization, you must provide a detailed description of that system 
to the General Services Administration, Mail Code MA, 1800 F Street NW., 
Washington, DC 20405, Attn: Director, Personal Property Policy.
    (b) When disposing of MLIs, you must perpetuate these 
demilitarization codes; alert those to whom you are transferring or 
selling property that the item may require demilitarization; and perform 
any required demilitarization, or provide any documentation or 
certifications in accordance with the

[[Page 182]]

DOD demilitarization manual, DOD 4160.21-M-1 (Change No. 1), or other 
agency policy manual if the MLIs are not governed by the DOD 
demilitarization manual.
    (c) Disposal of MLIs will follow the provisions of parts 102-36, 
102-37, and 102-38 of this subchapter unless different disposal 
procedures are required by law or your agency regulation issued in 
support of 22 U.S.C. 2778.



Sec.  102-40.200  How do we handle Commerce Control List Items (CCLIs)?

    (a) CCLIs are subject to the controls of 15 CFR parts 738 and 774. 
Export licenses are required for transfer of items to the countries 
listed in 15 CFR part 738, supp. 1. CCLIs may also be identified by the 
demilitarization code assigned to the item in the DOD supply system.
    (b) When disposing of CCLIs, you must notify the recipient that the 
item may be subject to Department of Commerce export licensing 
requirements when transported out of the U.S., for reasons of national 
security, crime control, technology transfer, and scarcity of materials. 
Furthermore:
    (1) The recipient must be informed that this notification must pass 
to all subsequent recipients of the item.
    (2) When being sold, completed end-use certificates are required of 
all bidders. An end-use certificate is a statement signed by a 
prospective recipient indicating the intended designation and 
disposition of CCLIs to be acquired, and acknowledging U.S. export 
licensing requirements.
    (3) All disposal activity must conform to the requirements of 15 
CFR, chapter VII, subchapter C.



Sec.  102-40.205  How do we handle national stockpile material?

    In accordance with 40 U.S.C. 113(e)(6), materials acquired for the 
national stockpile, the supplemental stockpile, or materials or 
equipment acquired under section 303 of the Defense Production Act of 
1950, as amended (50 App. U.S.C. 2093), are not covered by the Federal 
Management Regulation. The disposal of these assets is governed by 50 
U.S.C. 98d, 98e, and 98f.



Sec.  102-40.210  How do we handle Nuclear Regulatory Commission-
controlled materials?

    The Nuclear Regulatory Commission (NRC) has exclusive control over 
licensing, use, transfer, and disposition of NRC-controlled materials. 
Direct all inquiries to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555.



Sec.  102-40.215  How do we handle ozone depleting substances (ODSs)?

    Handle ODSs in accordance with Federal and state laws and 
regulations. Prior to disposal of ODSs removed or reclaimed from 
facilities or equipment, including disposal as part of a contract, trade 
or donation, coordinate with the Defense Ozone Depleting Substances 
Reserve Program Office to determine if the recovered ODS is a critical 
requirement for DOD missions. Direct inquiries to the Defense Ozone 
Depleting Substances Reserve Program Office, Defense Supply Center, 
Richmond, Virginia; email: [email protected]; phone: (804) 279-
3064. Additional guidance is available from EPA at: http://www.epa.gov/
ozone/title6/608/608fact.htmloverview.



Sec.  102-40.220  How do we handle polychlorinated biphenyls (PCBs)?

    (a) In accordance with EPA regulations (40 CFR 761.1 and 761.3), 
property defined by EPA as excluded polychlorinated biphenyl (PCB) 
products may be transferred, donated or sold in accordance with parts 
102-36, 102-37, or 102-38 of this subchapter. For additional guidance on 
PCB classifications and other Federal restrictions, contact: Director, 
National Program Chemicals Division (NPCD), (7404), Office of Pollution 
Prevention and Toxics, 1200 Pennsylvania Avenue NW., Washington, DC or 
visit the EPA's Web site at: http://www.epa.gov/waste/hazard/tsd/pcbs/
index.htm. You should also contact state regulatory agencies since some 
states regulate at a stricter level than the Federal Government.
    (b) Property defined by the EPA in 40 CFR 761.3 as either a PCB item 
or PCB must be labeled or marked with a

[[Page 183]]

warning statement that the item contains PCB and must be handled and 
disposed of in accordance with EPA regulations (40 CFR part 761), DOT 
regulations (49 CFR parts 171 through 180), and applicable state laws.
    (1) PCB items and PCBs may be transferred or donated, provided:
    (i) The items are intact, non-leaking, and totally enclosed.
    (ii) All transfers orders or transfer documents must cite 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.
    (iii) The recipient must annotate its property accountability 
records to reflect the nature and extent of the PCB content and must 
provide the specific authorization covering the use of this item from 40 
CFR part 761. If tests are conducted to ascertain the nature and extent 
of PCB contamination, the recipient must furnish the GSA regional office 
with a copy of the test results. This information will be perpetuated on 
any notification or release document when the agency disposes of the 
property.
    (iv) If PCBs or PCB items are donated to service educational 
activities or to public airports, the Department of Defense and the 
Federal Aviation Administration, respectively, must obtain the warning 
and certification as described in paragraph (e) of this section.
    (v) The recipient certifies to you that the item will be handled and 
disposed of in accordance with EPA regulation 40 CFR part 761, DOT 
regulations 49 CFR parts 171 through 180, and other applicable Federal 
and state laws.
    (2) PCB and PCB items not transferred or donated must be destroyed 
or otherwise disposed of under EPA regulations and applicable state 
laws. You must not sell any PCB or PCB item unless 40 CFR part 761 
authorizes the sale and continued use of the specific item.
    (c) You must not transfer, donate, or sell items with an unknown 
level of concentrations of PCBs.
    (d) Property containing PCBs and PCB items should be labeled with a 
warning such as the following:

    Caution--This item contains PCBs (poly- chlorinated biphenyls), a 
toxic environmental contaminant requiring special handling and disposal 
in accordance with the U.S. Environmental Protection Agency regulations 
(40 CFR part 761), applicable state laws, and 41 CFR 102-40.215. For 
proper disposal information, contact the nearest EPA office. For 
transportation requirements, see 49 CFR parts 171 through 180.

    (e) The SASP must have the following certification, or an equivalent 
certification, on all transfer paperwork where PCBs are involved.

                        WARNING AND CERTIFICATION

    The undersigned 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 
through 180. The donee certifies that this item (or these items) will be 
handled and disposed of in accordance with applicable Federal statutes 
and regulations and applicable state 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.
________________________________________________________________________
Name and title of donee (print or type)
________________________________________________________________________
Signature of donee



Sec.  102-40.225  How do we handle precious metals?

    (a) You must identify activities in your organization that generate 
precious metals; recover precious metals created from work processes, 
such as photographic film developing, and identify equipment or 
materials containing recoverable precious metals; and adequately control 
precious metals in your custody. Federal civil agencies may participate 
in the DOD Precious Metal Recovery Program (PMRP) in accordance with 
this subpart, and have an Inter-Agency Service Agreement (ISA) in effect 
between the Defense Logistics Agency (DLA) and individual Federal civil 
agencies. You may acquire recovered fine precious metals as Government 
Furnished Material or for other authorized uses by submitting a request 
to the Commander, Defense Supply Center, Philadelphia (DSCP), 700 
Robbins Avenue, Philadelphia, Pennsylvania 19111-5096.

[[Page 184]]

    (b) Precious metals will be sold in accordance with this subpart and 
part 102-38 of this subchapter.
    (c) Sales of precious metals will be processed as follows:
    (1) Require a bid deposit appropriate to the circumstances of the 
sale;
    (2) Certify all forms of bid deposit and payments; and
    (3) Include in the invitation for bids only precious and 
semiprecious materials as may be available for sale at that time.
    (d) Each agency generating scrap precious metals and also having a 
continuing need for fine precious metals may arrange for the acceptance 
of scrap precious metals for fine precious metals with a private 
contractor or the DLA.



Sec.  102-40.230  How do we handle universal waste(s) (UWs)?

    When disposing of universal waste, follow the instructions on the 
Web sites below, which contain descriptions of the commodities 
addressed, as well as the handling and disposal requirements from the 
relevant sections of 40 CFR part 273:
    (a) Batteries. http://www.epa.gov/osw/hazard/wastetypes/universal/
batteries.htm;
    (b) Pesticides. http://www.epa.gov/epawaste/hazard/wastetypes /
universal/pesticides.htm;
    (c) Mercury-containing equipment. http://www.epa.gov/epawaste/
hazard/wastetypes /universal/mce.htm; and
    (d) Mercury-containing light bulbs (such as fluorescent bulbs). 
http://www.epa.gov/osw/hazard/wastetypes /universal/lamps/index.htm.



Sec.  102-40.235  How do we handle motor vehicles not suitable for
highway use?

    Refer to subpart H of part 102-34 of this subchapter for the general 
policies regarding disposal of motor vehicles. Some Government-owned 
motor vehicles might receive such extensive damage as a result of an 
accident, event or other activity, that they are no longer suitable for 
utilization, donation, or sale for highway use. Such vehicles may only 
be donated or sold for salvage or scrap. Prior to disposal of damaged 
motor vehicles, you must evaluate known damage to determine their 
suitability for continued highway use. When a determination is made that 
a vehicle is unfit for continued highway use, you must include such 
information in the property record and subsequent reports. When selling 
such vehicles, provide an appropriate warning statement in the 
solicitation regarding vehicle condition that the vehicle cannot be 
titled for highway use. See Sec.  102-34.305 of this subchapter (note to 
Sec.  102-34.305(a)(2)) if the vehicle is not designed or not legal for 
operation on highways.



 Sec. Appendix A to Part 102-40--Federal Supply Classes (FSC) Composed 
                    Predominantly of Hazardous Items

------------------------------------------------------------------------
               FSC                             Nomenclature
------------------------------------------------------------------------
6810............................  Chemicals.
6820............................  Dyes.
6830............................  Gases: Compressed & liquefied.
6840............................  Pest control agents & disinfectants.
6850............................  Misc. chemical specialties.
7930............................  Cleaning & polishing compounds &
                                   preparations.
8010............................  Paints, dopes, varnishes, & related
                                   products.
8030............................  Preservative & sealing compounds.
8040............................  Adhesives.
9110............................  Fuels, solid.
9130............................  Liquid propellants & fuels, petroleum
                                   base.
9135............................  Liquid propellant fuels & oxidizers,
                                   chemical base.
9140............................  Fuel oils.
9150............................  Oils & greases: cutting, lubricating,
                                   & hydraulic.
9160............................  Misc. waxes, oils, & fats.
------------------------------------------------------------------------


[[Page 185]]



Sec. Appendix B to Part 102-40--Federal Supply Classes and Groups Which 
             Contain a Significant Number of Hazardous Items

    Note: If an item is determined to be hazardous material as defined 
in Sec.  102-40.30, a Material Safety Data Sheet (or equivalent) should 
accompany the item even though the Federal Supply Class or Group is not 
listed in this table.

----------------------------------------------------------------------------------------------------------------
                                                                             Examples of hazardous materials
      Federal supply class/group                     Title                      requiring identification
----------------------------------------------------------------------------------------------------------------
1370..................................  Pyrotechnics..................  Warning fuse, fire starter.
1375..................................  Demolition materials..........  Explosive device.
2520..................................  Vehicular power transmission    Items containing asbestos.
                                         components.
2530..................................  Vehicular brake, steering,      Items containing asbestos.
                                         axle, wheel, and track
                                         components.
2540..................................  Vehicular furniture and         Items containing asbestos.
                                         accessories.
2640..................................  Tire rebuilding and tire and    Items containing flammable or toxic
                                         tube repair materials.          compounds.
Group 28..............................  Engines, turbines, and          Engine valves containing metallic
                                         components.                     sodium.
Group 29..............................  Engine accessories............  Engine valves containing metallic
                                                                         sodium.
Group 30..............................  Mechanical power transmission   Equipment containing hazardous hydraulic
                                         equipment.                      fluid, including PCBs.
Group 34..............................  Metalworking machinery........  Equipment containing hazardous hydraulic
                                                                         fluids, including PCBs.
3433..................................  Gas welding, heat cutting, and  Compressed gases.
                                         metalizing equipment.
3439..................................  Miscellaneous welding,          Hazardous items such as cleaners, acids,
                                         soldering, and brazing          flux, and supplies that contain or
                                         supplies and accessories.       produce hazardous fumes.
3610..................................  Printing, duplication, and      Flammable or toxic lithographic
                                         bookbinding equipment.          solutions.
3655..................................  Gas generating and dispensing   Items that produce hazardous fumes.
                                         systems, fixed or mobile.
3680..................................  Foundry machinery, related      Flammable or toxic casting compounds.
                                         equipment and supplies.
4240..................................  Safety and rescue equipment...  Items which involve oxygen, compressed
                                                                         gases, or contain emitting charges.
5610..................................  Mineral construction            Hazardous items such as cutback asphalt,
                                         materials, bulk.                deck and floor covering, deck and
                                                                         surface underlay compound, sealing
                                                                         compound, flight deck compound.
5660..................................  Wallboard, building paper, and  Asbestos cloth which has loose fibers or
                                         thermal insulation materials.   particles that may become airborne and
                                                                         materials containing formaldehyde.
5820..................................  Radio and television            Circuit cooler items that contain gases
                                         communication equipment,        that are regarded as hazardous to the
                                         except airborne.                earth's ozone layer.
5835..................................  Sound recording and             Recording tape cleaners that contain
                                         reproducing equipment.          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 lighting arresters..  Items containing radioactive material.
5925..................................  Circuit breakers..............  Items containing radioactive material.
5930..................................  Switches......................  Items containing radioactive material.
5935..................................  Connectors, electrical........  Kits that contain flammable chemicals.
5950..................................  Coils and transformers........  Items containing polychlorinated
                                                                         biphenyls (PCBs).
5960..................................  Electron tubes and associated   Tubes that contain radioactive isotopes
                                         hardware.                       and require warning labels and
                                                                         magnetron tubes, which require special
                                                                         precautions when being prepared for air
                                                                         shipment.
5965..................................  Headsets, handsets,             Items containing magnetic material.
                                         microphones, and speakers.
5970..................................  Electrical insulators and       Items containing flammable solvents.
                                         insulating materials.
5975..................................  Electrical hardware and         Items containing asbestos.
                                         supplies.
5985..................................  Antennas, waveguides, and       Kits that contain flammable chemicals.
                                         related equipment.
5999..................................  Miscellaneous electrical and    Contact plates that contain beryllium.
                                         oxide electronic components.
Group 61..............................  Electric wire and power and     Power factor capacitors containing PCBs.
                                         distribution equipment.
6120..................................  Transformers: Distribution and  Transformers containing PCBs.
                                         power station.
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, electrical....  Insulated wire containing asbestos.
6220..................................  Electric vehicular lights and   Items that contain mercury.
                                         fixtures.

[[Page 186]]

 
6230..................................  Electric portable and hand      Items that contain wet batteries.
                                         lighting equipment.
6240..................................  Electric lamps................  Items that contain mercury.
6260..................................  Nonelectrical lighting          Items that contain mercury.
                                         fixtures.
6350..................................  Miscellaneous signal and        Items that contain wet batteries or
                                         security detection systems.     radioactive material.
6505..................................  Drugs, biologicals, and         Hazardous items as defined in Sec. 102-
                                         official reagents.              40.30.
6508..................................  Medicated cosmetics and         Hazardous items as defined in Sec. 102-
                                         toiletries.                     40.30, subject to DOT Hazardous
                                                                         Materials Regulations.
6510..................................  Surgical dressing materials...  Items containing flammable solvents.
6520..................................  Dental instruments, equipment,  Items containing flammable solvents,
                                         and supplies.                   mercury or asbestos.
6525..................................  X-ray equipment and supplies:   Items containing hazardous chemicals,
                                         medical, dental, veterinary.    solvents.
6625..................................  Electrical and electronic       Items containing radioactive materials.
                                         properties measuring and
                                         testing instruments.
6640..................................  Laboratory equipment and        Items containing flammable compounds,
                                         supplies.                       mercury or asbestos.
6685..................................  Pressure, temperature, and      Items containing mercury or compressed
                                         humidity measuring and          gases.
                                         controlling instruments.
6740..................................  Photographic..................  Items containing radioactive compounds.
6750..................................  Photographic supplies.........  Items containing hazardous chemicals,
                                                                         solvents, thinners, and cements.
6780..................................  Photographic sets, kits, and    Items containing hazardous chemicals,
                                         outfits.                        solvents, thinners, and cements.
7360..................................  Sets, kits, and outfits; food   Items containing compressed gases such
                                         preparation and serving.        as fire extinguishers.
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 purpose.....  Maintenance kits containing flammable
                                                                         solvents.
8465..................................  Individual equipment..........  Maintenance kits containing flammable
                                                                         solvents.
8510..................................  Perfumes, toilet preparations,  Shipping containers and pressurized
                                         and powders.                    containers with flammable or
                                                                         nonflammable propellants.
8520..................................  Toilet soap, shaving            Shipping containers and pressurized
                                         preparations, and dentifrices.  containers 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 fabricated        Items containing flammable solvents or
                                         nonmetallic materials.          asbestos.
9920..................................  Smokers' articles and matches.  Lighter fuel and matches only.
9930..................................  Memorials; cemeteries and       Items containing formaldehyde or its
                                         mortuary equipment and          solutions.
                                         supplies.
----------------------------------------------------------------------------------------------------------------



PART 102	41_DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED,
AND UNCLAIMED PERSONAL PROPERTY--Table of Contents



                      Subpart A_General Provisions

Sec.
102-41.5 What does this part cover?
102-41.10 To whom do ``we'', ``you'', and their variants refer?
102-41.15 How do we request a deviation from these requirements and who 
          can approve it?

                               Definitions

102-41.20 What definitions apply to this part?

                             Responsibility

102-41.25 Who retains custody and is responsible for the reporting, 
          care, and handling of property covered by this part?
102-41.30 What is GSA's role in the disposition of property covered by 
          this part?
102-41.35 Do we report to GSA all seized personal property subject to 
          judicial forfeiture as well as forfeited, voluntarily 
          abandoned, or unclaimed personal property not retained for 
          official use?

             Subpart B_Seized or Forfeited Personal Property

102-41.40 How is personal property forfeited?
102-41.45 May we place seized personal property into official use before 
          the forfeiture process is completed?
102-41.50 May we retain forfeited personal property for official use?

[[Page 187]]

102-41.55 Where do we send the reports for seized or forfeited personal 
          property?
102-41.60 Are there special requirements in reporting seized or 
          forfeited personal property to GSA?
102-41.65 What happens to forfeited personal property that is 
          transferred or retained for official use?
102-41.70 Are transfers of forfeited personal property reimbursable?
102-41.75 May we retain the proceeds from the sale of forfeited personal 
          property?

            Subpart C_Voluntarily Abandoned Personal Property

102-41.80 When is personal property voluntarily abandoned?
102-41.85 What choices do I have for retaining or disposing of 
          voluntarily abandoned personal property?
102-41.90 What happens to voluntarily abandoned personal property 
          retained for official use?
102-41.95 Where do we send the reports for voluntarily abandoned 
          personal property?
102-41.100 What information do we provide when reporting voluntarily 
          abandoned personal property to GSA?
102-41.105 What happens to voluntarily abandoned personal property when 
          reported to GSA?
102-41.110 Are transfers of voluntarily abandoned personal property 
          reimbursable?
102-41.115 May we retain the proceeds received from the sale of 
          voluntarily abandoned personal property?

                  Subpart D_Unclaimed Personal Property

102-41.120 How long must we hold unclaimed personal property before 
          disposition?
102-41.125 What choices do I have for retaining or disposing of 
          unclaimed personal property?
102-41.130 What must we do when we retain unclaimed personal property 
          for official use?
102-41.135 How much reimbursement do we pay the former owner when he or 
          she files a claim for unclaimed personal property that we no 
          longer have?
102-41.140 When do we report to GSA unclaimed personal property not 
          retained for official use?
102-41.145 Where do we send the reports for unclaimed personal property?
102-41.150 What special information do we provide on reports of 
          unclaimed personal property?
102-41.155 Is unclaimed personal property available for transfer to 
          another Federal agency?
102-41.160 May we retain the reimbursement from transfers of unclaimed 
          personal property?
102-41.165 May we require reimbursement for the costs incurred in the 
          transfer of unclaimed personal property?
102-41.170 Is unclaimed personal property available for donation?
102-41.175 May we sell unclaimed personal property?
102-41.180 May we retain the proceeds from the sale of unclaimed 
          personal property?

         Subpart E_Personal Property Requiring Special Handling

102-41.185 Are there certain types of forfeited, voluntarily abandoned, 
          or unclaimed property that must be handled differently than 
          other property addressed in this part?

                                Firearms

102-41.190 May we retain forfeited, voluntarily abandoned, or unclaimed 
          firearms for official use?
102-41.195 How do we dispose of forfeited, voluntarily abandoned, or 
          unclaimed firearms not retained for official use?
102-41.200 Are there special disposal provisions for firearms that are 
          seized and forfeited for a violation of the National Firearms 
          Act?

               Forfeited Distilled Spirits, Wine, and Beer

102-41.205 Do we report all forfeited distilled spirits, wine, and beer 
          to GSA for disposal?

                           Drug Paraphernalia

102-41.210 What are some examples of drug paraphernalia?
102-41.215 Do we report to GSA all forfeited, voluntarily abandoned, or 
          unclaimed drug paraphernalia not required for official use?
102-41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863 available 
          for transfer to other Federal agencies or donation through a 
          State agency for surplus property (SASP)?
102-41.225 Are there special provisions to reporting and transferring 
          drug paraphernalia forfeited under 21 U.S.C. 863?
102-41.230 May SASPs pick up or store donated drug paraphernalia in 
          their distribution centers?
102-41.235 May we sell forfeited drug paraphernalia?

    Authority: 40 U.S.C. 121(c).

    Source: 71 FR 41370, July 21, 2006, unless otherwise noted.

[[Page 188]]



                      Subpart A_General Provisions



Sec.  102-41.5  What does this part cover?

    (a) This part covers the disposition of seized, forfeited, 
voluntarily abandoned, and unclaimed personal property under the custody 
of any Federal agency located in the United States, the U.S. Virgin 
Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, the 
Northern Mariana Islands, the Federated States of Micronesia, the 
Marshall Islands, and Palau. Disposition of such personal property 
located elsewhere must be in accordance with holding agency regulations. 
Please see Sec.  102-36.380 of this subchapter B regarding the disposal 
of foreign excess. The General Services Administration (GSA) does not 
normally accept responsibility for disposal of property located outside 
the United States and its territories. Additional guidance on 
disposition of seized, forfeited, voluntarily abandoned, and unclaimed 
personal property that requires special handling (e.g., firearms, 
hazardous materials) is contained in part 101-42 of this title. 
Additional guidance on the disposition of firearms (as scrap only), 
distilled spirits, wine, beer, and drug paraphernalia is provided in 
subpart E of this part.
    (b) These regulations do not include disposal of seized, forfeited, 
voluntarily abandoned, and unclaimed personal property covered under 
authorities outside of the following statutes:
    (1) 40 U.S.C. 552, Abandoned or Unclaimed Property on Government 
Premises.
    (2) 40 U.S.C. 1306, Disposition of Abandoned or Forfeited Property.
    (3) 26 U.S.C. 5688, Forfeited Distilled Spirits, Wines, and Beer.
    (4) 26 U.S.C. 5872, Forfeited Firearms.
    (5) 21 U.S.C. 863, Drug Paraphernalia.



Sec.  102-41.10  To whom do ``we'', ``you'', and their variants refer?

    Use of pronouns ``we'', ``you'', and their variants throughout this 
part refer to the agency having custody of the personal property.



Sec.  102-41.15  How do we request a deviation from these requirements 
and who can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to request 
a deviation from the requirements of this part.

                               Definitions



Sec.  102-41.20  What definitions apply to this part?

    The following definitions apply to this part:
    Beer means an alcoholic beverage made from malted cereal grain, 
flavored with hops, and brewed by slow fermentation.
    Distilled spirits, as defined in the Federal Alcohol Administration 
Act (27 U.S.C. 211), 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, for non-industrial use.
    Drug paraphernalia means any equipment, product, or material 
primarily intended or designed for use in manufacturing, compounding, 
converting, concealing, processing, preparing, or introducing into the 
human body a controlled substance in violation of the Controlled 
Substances Act (see 21 U.S.C. 863). It includes items primarily for use 
in injecting, ingesting, inhaling, or otherwise introducing marijuana, 
cocaine, hashish, hashish oil, PCP, or amphetamines into the human body.
    Eleemosynary institution means any nonprofit health or medical 
institution that is organized and operated for charitable purposes.
    Firearms means any weapon, silencer, or destructive device designed 
to, or readily convertible to, expel a projectile by the action of an 
explosive, as defined in the Internal Revenue Code (26 U.S.C. 5845). 
Excludes antique firearms as defined in 26 U.S.C. 5845(g).
    Forfeited property means personal property that the Government has 
acquired ownership of through a summary process or court order pursuant 
to any law of the United States.
    Seized property means personal property that has been confiscated by 
a Federal agency, and whose care and handling will be the responsibility 
of

[[Page 189]]

the agency until final ownership is determined by the judicial process.
    Unclaimed property means personal property unknowingly abandoned and 
found on premises owned or leased by the Government, i.e., lost and 
found property.
    Voluntarily abandoned property means personal property abandoned to 
any Federal agency in a way that immediately vests title to the property 
in the Government. There must be written or circumstantial evidence that 
the property was intentionally and voluntarily abandoned. This evidence 
should be clear that the property was not simply lost by the owner.
    Wine means the fermented juice of a plant product, as defined in 27 
U.S.C. 211.

                             Responsibility



Sec.  102-41.25  Who retains custody and is responsible for the reporting,
care, and handling of property covered by this part?

    You, the holding agency, normally retain physical custody of the 
property and are responsible for its care and handling pending final 
disposition. With the exception of property listed in Sec.  102-41.35, 
you must report promptly to the GSA forfeited, voluntarily abandoned, or 
unclaimed personal property not being retained for official use and 
seized property on which proceedings for forfeiture by court decree are 
being started or have begun. In general, the procedures for reporting 
such property parallel those for reporting excess personal property 
under part 102-36 of this subchapter B.



Sec.  102-41.30  What is GSA's role in the disposition of property covered
by this part?

    (a) Seized property subject to court proceedings for forfeiture. (1) 
If the seizing agency files a request for the property for its official 
use, the GSA Region 3/National Capital Region will apply to the court 
for an order to turn the property over to the agency should forfeiture 
be decreed. If no such request has been filed, GSA will determine 
whether retention of the property for Federal official use is in the 
Government's best interest, and, if so, will apply to the court to order 
delivery of the property to--
    (i) Any other Federal agency that requests it; or
    (ii) The seizing agency to be retained for a reasonable time in case 
the property may later become necessary to any agency for official use.
    (2) In the event that the property is not ordered by competent 
authority to be forfeited to the United States, it may be returned to 
the claimant.
    (b) Forfeited, voluntarily abandoned, or unclaimed property. When 
forfeited, voluntarily abandoned, or unclaimed property is reported to 
GSA for disposal, GSA will direct its disposition by--
    (1) Transfer to another Federal agency;
    (2) Donation to an eligible recipient, if the property is not needed 
by a Federal agency and there are no requirements for reimbursement to 
satisfy the claims of owners, lien holders, or other lawful claimants;
    (3) Sale; or
    (4) Abandonment and destruction in accordance with Sec.  102-36.305 
of this subchapter B.



Sec.  102-41.35  Do we report to GSA all seized personal property subject
to judicial forfeiture as well as forfeited, voluntarily abandoned, or
unclaimed personal property not retained for official use?

    Yes, send GSA reports of excess (see Sec.  102-36.125 of this 
subchapter B) for all seized personal property subject to judicial 
forfeiture as well as forfeited, voluntarily abandoned, or unclaimed 
personal property not required for official use, except the following, 
whose disposition is covered under other statutes and authorities:
    (a) Forfeited firearms or munitions of war seized by the Department 
of Commerce and transferred to the Department of Defense (DOD) pursuant 
to 22 U.S.C. 401.
    (b) Forfeited firearms directly transferable to DOD by law.
    (c) Seeds, plants, or misbranded packages seized by the Department 
of Agriculture.
    (d) Game animals and equipment (other than vessels, including cargo) 
seized by the Department of the Interior.

[[Page 190]]

    (e) Files of papers and undeliverable mail in the custody of the 
United States Postal Service.
    (f) Articles in the custody of the Department of Commerce Patent and 
Trademark Office that are in violation of laws governing trademarks or 
patents.
    (g) Unclaimed and voluntarily abandoned personal property subject to 
laws and regulations of the U.S. Customs and Border Protection, 
Department of Homeland Security.
    (h) Property seized in payment of or as security for debts arising 
under the internal revenue laws.
    (i) Lost, abandoned, or unclaimed personal property the Coast Guard 
or the military services are authorized to dispose of under 10 U.S.C. 
2575.
    (j) Property of deceased veterans left on a Government facility 
subject to 38 U.S.C. 8501.
    (k) Controlled substances reportable to the Drug Enforcement 
Administration, Department of Justice, Washington, DC 20537.
    (l) Forfeited, condemned, or voluntarily abandoned tobacco, snuff, 
cigars, or cigarettes which, if offered for sale, will not 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 Federal Government for the use of present or 
former members of the military.
    (m) Property determined appropriate for abandonment/destruction (see 
Sec.  102-36.305 of this subchapter B).
    (n) Personal property where handling and disposal is governed by 
specific legislative authority notwithstanding Title 40 of the United 
States Code.



             Subpart B_Seized or Forfeited Personal Property



Sec.  102-41.40  How is personal property forfeited?

    Personal property that has been seized by a Federal agency may be 
forfeited through court decree (judicial forfeiture) or administratively 
forfeited if the agency has specific authority without going through the 
courts.



Sec.  102-41.45  May we place seized personal property into official use
before the forfeiture process is completed?

    No, property under seizure and pending forfeiture cannot be placed 
into official use until a final determination is made to vest title in 
the Government.



Sec.  102-41.50  May we retain forfeited personal property for official
use?

    Yes, you may retain for official use personal property forfeited to 
your agency, except for property you are required by law to sell. 
Retention of large sedans and limousines for official use is only 
authorized under the provisions of part 102-34 of this subchapter B. 
Except for the items noted in Sec.  102-41.35, report to GSA all 
forfeited personal property not being retained for official use.



Sec.  102-41.55  Where do we send the reports for seized or forfeited
personal property?

    (a) Except for the items noted in paragraph (b) of this section, 
report seized or forfeited personal property not retained for official 
use to the General Services Administration, Property Management Branch 
(3FPD), Washington, DC 20407.
    (b) Report aircraft, firearms, and vessels to the regional GSA 
Property Management Branch office specified in Sec.  102-36.125 of this 
subchapter B.



Sec.  102-41.60  Are there special requirements in reporting seized or
forfeited personal property to GSA?

    Yes, in addition to the information required in Sec.  102-36.235 of 
this subchapter B for reporting excess, you must indicate--
    (a) Whether the property--
    (1) Was forfeited in a judicial proceeding or administratively 
(without going through a court);
    (2) Is subject to pending court proceedings for forfeiture, and, if 
so, the name of the defendant, the place and judicial district of the 
court from which the decree will be issued, and whether you wish to 
retain the property for official use;
    (b) The report or case number under which the property is listed; 
and

[[Page 191]]

    (c) The existence or probability of a lien, or other accrued or 
accruing charges, and the amount involved.



Sec.  102-41.65  What happens to forfeited personal property that is
transferred or retained for official use?

    Except for drug paraphernalia (see Sec. Sec.  102-41.210 through 
102-41.235), forfeited personal property retained for official use or 
transferred to another Federal agency under this subpart loses its 
identity as forfeited property. When no longer required for official 
use, you must report it to GSA as excess for disposal in accordance with 
part 102-36 of this subchapter B. You must follow the additional 
provisions of subpart E of this part and part 101-42 of Chapter 101, 
Federal Property Management Regulations in this title when disposing of 
firearms, distilled spirits, wine, beer, and drug paraphernalia.



Sec.  102-41.70  Are transfers of forfeited personal property reimbursable?

    Recipient agencies do not pay for the property. However, you may 
charge the recipient agency all costs you incurred in storing, packing, 
loading, preparing for shipment, and transporting the property. If there 
are commercial charges incident to forfeiture prior to the transfer, the 
recipient agency must pay these charges when billed by the commercial 
organization. Any payment due to lien holders or other lawful claimants 
under a judicial forfeiture must be made in accordance with provisions 
of the court decree.



Sec.  102-41.75  May we retain the proceeds from the sale of forfeited
personal property?

    No, you must deposit the sales proceeds in the U.S. Treasury as 
miscellaneous receipts, unless otherwise directed by court decree or 
specifically authorized by statute.



            Subpart C_Voluntarily Abandoned Personal Property



Sec.  102-41.80  When is personal property voluntarily abandoned?

    Personal property is voluntarily abandoned when the owner of the 
property intentionally and voluntarily gives up title to such property 
and title vests in the Government. The receiving agency ordinarily 
documents receipt of the property to evidence its voluntary 
relinquishment. Evidence of the voluntary abandonment may be 
circumstantial.



Sec.  102-41.85  What choices do I have for retaining or disposing
of voluntarily abandoned personal property?

    You may either retain or dispose of voluntarily abandoned personal 
property based on the following circumstances:
    (a) If your agency has a need for the property, you may retain it 
for official use, except for large sedans and limousines which may only 
be retained for official use as authorized under part 102-34 of this 
subchapter B. See Sec.  102-41.90 for how retained property must be 
handled.
    (b) If your agency doesn't need the property, you should determine 
whether it may be abandoned or destroyed in accordance with the 
provisions at FMR 102-36.305 through 102-36.330. Furthermore, in 
addition to the circumstances when property may be abandoned or 
destroyed without public notice at FMR 102-36.330, voluntarily abandoned 
property may also be abandoned or destroyed without public notice when 
the estimated resale value of the property is less than $500.
    (c) If the property is not retained for official use or abandoned or 
destroyed, you must report it to GSA as excess in accordance with Sec.  
102-41.95.



Sec.  102-41.90  What happens to voluntarily abandoned personal
property retained for official use?

    Voluntarily abandoned personal property retained for official use or 
transferred to another Federal agency under this subpart loses its 
identity as voluntarily abandoned property. When no longer required for 
official use, you must report it to GSA as excess, or abandon/destroy 
the property, in accordance with part 102-36 of this subchapter B.

[[Page 192]]



Sec.  102-41.95  Where do we send the reports for voluntarily abandoned
personal property?

    Except for aircraft, firearms, and vessels, report voluntarily 
abandoned personal property to the regional GSA Property Management 
Branch office for the region in which the property is located. Report 
aircraft, firearms, and vessels to the regional GSA Property Management 
Branch office specified in Sec.  102-36.125 of this subchapter B.



Sec.  102-41.100  What information do we provide when reporting voluntarily
abandoned personal property to GSA?

    When reporting voluntarily abandoned personal property to GSA, you 
must provide a description and location of the property, and annotate 
that the property was voluntarily abandoned.



Sec.  102-41.105  What happens to voluntarily abandoned personal property
when reported to GSA?

    Voluntarily abandoned personal property reported to GSA will be made 
available for transfer, donation, sale, or abandonment/destruction in 
accordance with parts 102-36, 102-37, 102-38, and Sec. Sec.  102-36.305 
through 102-36.330 of this subchapter B, respectively. You must follow 
the additional provisions of Sec. Sec.  102-41.190 through 102-41.235 
and part 101-42 of Chapter 101, Federal Property Management Regulations 
in this title when disposing of firearms and other property requiring 
special handling.



Sec.  102-41.110  Are transfers of voluntarily abandoned personal 
property reimbursable?

    No, all transfers of voluntarily abandoned personal property will be 
without reimbursement. However, you may charge the recipient agency all 
costs you incurred in storing, packing, loading, preparing for shipment, 
and transporting the property.



Sec.  102-41.115  May we retain the proceeds received from the sale of
voluntarily abandoned personal property?

    No, you must deposit the sales proceeds in the U.S. Treasury as 
miscellaneous receipts unless your agency has specific statutory 
authority to do otherwise.



                  Subpart D_Unclaimed Personal Property



Sec.  102-41.120  How long must we hold unclaimed personal property
before disposition?

    You must generally hold unclaimed personal property for 30 calendar 
days from the date it was found. Unless the previous owner files a 
claim, title to the property vests in the Government after 30 days, and 
you may retain or dispose of the property in accordance with this part. 
However, see the following sections for handling of unclaimed personal 
property under specific circumstances.



Sec.  102-41.125  What choices do I have for retaining or disposing of 
unclaimed personal property?

    You may either retain or dispose of unclaimed abandoned personal 
property based on the following circumstances:
    (a) If your agency has a need for the property, you may retain it 
for official use if you have held the unclaimed property for 30 calendar 
days and the former owner has not filed a claim. After 30 days, title 
vests in the Government and you may retain the unclaimed property for 
official use. Large sedans and limousines which may only be retained for 
official use as authorized under part 102-34 of this subchapter B. See 
Sec.  102-41.130 for how retained property must be handled.
    (b) If your agency doesn't need the property, you should determine 
whether it may be immediately abandoned or destroyed in accordance with 
the provisions at FMR 102-36.305 through 102-36.330. You are not 
required to hold unclaimed property for 30 days, if you decide to 
abandon or destroy it. Title to the property immediately vests in the 
Government in these circumstances. In addition to the circumstances when 
property may be abandoned or destroyed without public notice at FMR 102-
36.330, unclaimed personal property may also be abandoned or destroyed 
without public notice when the estimated resale value of the property is

[[Page 193]]

less than $500. See Sec.  102-41.135 for procedures to be followed if a 
claim is filed.
    (c) If the property is not retained for official use or abandoned or 
destroyed, you must report it to GSA as excess in accordance with Sec.  
102-41.140.



Sec.  102-41.130  What must we do when we retain unclaimed personal 
property for official use?

    (a) You must maintain records of unclaimed personal property 
retained for official use for 3 years after title vests in the 
Government to permit identification of the property should the former 
owner file a claim for the property. You must also deposit funds 
received from disposal of such property in a special account to cover 
any valid claim filed within this 3-year period.
    (b) When you no longer need the unclaimed property which you have 
placed in official use, report it as excess in the same manner as other 
excess property under part 102-36 of this subchapter B.



Sec.  102-41.135  How much reimbursement do we pay the former owner 
when he or she files a claim for unclaimed personal property that we 
no longer have?

    If the property was sold, reimbursement of the property to the 
former owner must not exceed any proceeds from the disposal of such 
property, less the costs of the Government's care and handling of the 
property. If the property was abandoned or destroyed in accordance with 
Sec.  102-41.125, or otherwise used or transferred, reimbursement of the 
property to the former owner must not exceed the estimated resale value 
of the property at the time of the vesting of the property with the 
Government, less costs incident to the care and handling of the 
property, as determined by the General Services Administration, Office 
of Travel, Transportation, and Asset Management (MT), Washington DC, 
20405.



Sec.  102-41.140  When do we report to GSA unclaimed personal property
not retained for official use?

    After you have held the property for 30 calendar days and no one has 
filed a claim for it, the title to the property vests in the Government. 
If you decide not to retain the property for official use, report it as 
excess to GSA in accordance with part 102-36 of this subchapter B.



Sec.  102-41.145  Where do we send the reports for unclaimed personal
property?

    Except for the items noted in Sec.  102-36.125 of this subchapter B, 
report unclaimed personal property to the regional GSA Property 
Management Branch office for the region in which the property is 
located.



Sec.  102-41.150  What special information do we provide on reports of
unclaimed personal property?

    On reports of unclaimed personal property, you must provide the 
report or case number assigned by your agency, property description and 
location, and indicate the property as unclaimed and the estimated fair 
market value.



Sec.  102-41.155  Is unclaimed personal property available for transfer 
to another Federal agency?

    Yes, unclaimed personal property is available for transfer to 
another Federal agency, but only after 30 calendar days from the date of 
finding such property and no claim has been filed by the former owner, 
and with fair market value reimbursement from the recipient agency. The 
transferred property then loses its identity as unclaimed property and 
becomes property of the Government, and when no longer needed it must be 
reported excess in accordance with part 102-36 of this subchapter B.



Sec.  102-41.160  May we retain the reimbursement from transfers of 
unclaimed personal property?

    No, you must deposit the reimbursement from transfers of unclaimed 
personal property in a special account for a period of 3 years pending a 
claim from the former owner. After 3 years, you must deposit these funds 
into miscellaneous receipts of the U.S. Treasury unless your agency has 
statutory authority to do otherwise.

[[Page 194]]



Sec.  102-41.165  May we require reimbursement for the costs incurred 
in the transfer of unclaimed personal property?

    Yes, you may require reimbursement from the recipient agency of any 
direct costs you incur in the transfer of the unclaimed property (e.g., 
storage, packing, preparation for shipping, loading, and 
transportation).



Sec.  102-41.170  Is unclaimed personal property available for donation?

    No, unclaimed personal property is not available for donation 
because reimbursement at fair market value is required.



Sec.  102-41.175  May we sell unclaimed personal property?

    Yes, you may sell unclaimed personal property after title vests in 
the Government (as provided for in Sec.  102-41.120) and when there is 
no Federal interest. You may sell unclaimed personal property subject to 
the same terms and conditions as applicable to surplus personal property 
and in accordance with part 102-38 of this subchapter B.



Sec.  102-41.180  May we retain the proceeds from the sale of unclaimed
personal property?

    No, you must deposit proceeds from the sale of unclaimed personal 
property in a special account to be maintained for a period of 3 years 
pending a possible claim by the former owner. After the 3-year period, 
you must deposit the funds in the U.S. Treasury as miscellaneous 
receipts or in such other agency accounts when specifically authorized 
by statute.



         Subpart E_Personal Property Requiring Special Handling



Sec.  102-41.185  Are there certain types of forfeited, voluntarily
abandoned, or unclaimed property that must be handled differently than
other property addressed in this part?

    Yes, you must comply with the additional provisions in this subpart 
when disposing of the types of property listed here.

                                Firearms



Sec.  102-41.190  May we retain forfeited, voluntarily abandoned, or 
unclaimed firearms for official use?

    Generally, no; you may retain forfeited, voluntarily abandoned, or 
unclaimed firearms only when you are statutorily authorized to use 
firearms for official purposes.



Sec.  102-41.195  How do we dispose of forfeited, voluntarily abandoned,
or unclaimed firearms not retained for official use?

    Report forfeited, voluntarily abandoned, or unclaimed firearms not 
retained for official use to the General Services Administration, 
Property Management Branch (7FP-8), Denver, CO 80225-0506 for disposal 
in accordance with Sec.  101-42.1102-10 of the Federal Property 
Management Regulations in this title.



Sec.  102-41.200  Are there special disposal provisions for firearms that
are seized and forfeited for a violation of the National Firearms Act?

    Yes, firearms seized and forfeited for a violation of the National 
Firearms Act (26 U.S.C. 5801--5872) are subject to the disposal 
provisions of 26 U.S.C. 5872(b). When there is no contrary judgment or 
action under such forfeiture, GSA will direct the disposition of the 
firearms. GSA may--
    (a) Authorize retention for official use by the Treasury Department;
    (b) Transfer to an executive agency for use by it; or
    (c) Order the firearms destroyed.

               Forfeited Distilled Spirits, Wine, and Beer



Sec.  102-41.205  Do we report all forfeited distilled spirits, wine,
and beer to GSA for disposal?

    (a) Yes, except do not report distilled spirits, wine, and beer not 
fit for human consumption or for medicinal, scientific, or mechanical 
purposes. When reporting, indicate quantities and kinds, proof rating, 
and condition for shipping. GSA (3FPD) may transfer such property to 
another Federal agency for official purposes, or donate it to eligible 
eleemosynary institutions for medicinal purposes only.

[[Page 195]]

    (b) Forfeited distilled spirits, wine, and beer that are not 
retained for official use by the seizing agency or transferred or 
donated to eligible recipients by GSA must be destroyed. You must 
document the destruction with a record of the time and location, 
property description, and quantities destroyed.

                           Drug Paraphernalia



Sec.  102-41.210  What are some examples of drug paraphernalia?

    Some examples of drug paraphernalia are--
    (a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes 
with or without screens, permanent screens, hashish heads, or punctured 
metal bowls;
    (b) Water pipes;
    (c) Carburetion tubes and devices;
    (d) Smoking and carburetion masks;
    (e) Roach clips (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);
    (f) Miniature spoons with level capacities of one-tenth cubic 
centimeter or less;
    (g) Chamber pipes;
    (h) Carburetor pipes;
    (i) Electric pipes;
    (j) Air-driven pipes;
    (k) Chillums;
    (l) Bongs;
    (m) Ice pipes or chillers;
    (n) Wired cigarette papers; or
    (o) Cocaine freebase kits.



Sec.  102-41.215  Do we report to GSA all forfeited, voluntarily abandoned,
or unclaimed drug paraphernalia not required for official use?

    No, only report drug paraphernalia that has been seized and 
forfeited for a violation of 21 U.S.C. 863. Unless statutorily 
authorized to do otherwise, destroy all other forfeited, voluntarily 
abandoned, or unclaimed drug paraphernalia. You must ensure the 
destruction is performed in the presence of two witnesses (employees of 
your agency), and retain in your records a signed certification of 
destruction.



Sec.  102-41.220  Is drug paraphernalia forfeited under 21 U.S.C. 863 
available for transfer to other Federal agencies or donation through a
State Agency for Surplus Property (SASP)?

    Yes, but GSA will only transfer or donate forfeited drug 
paraphernalia for law enforcement or educational purposes and only for 
use by Federal, State, or local authorities. Federal or State Agencies 
for Surplus Property (SASP) requests for such items must be processed 
through the General Services Administration, Property Management Branch 
(3FPD), Washington, DC 20407. The recipient must certify on the transfer 
document that the drug paraphernalia will be used for law enforcement or 
educational purposes only.



Sec.  102-41.225  Are there special provisions to reporting and transferring
drug paraphernalia forfeited under 21 U.S.C. 863?

    Yes, you must ensure that such drug paraphernalia does not lose its 
identity as forfeited property. Reports of excess and transfer documents 
for such drug paraphernalia must include the annotation that the 
property was seized and forfeited under 21 U.S.C. 863.



Sec.  102-41.230  May SASPs pick up or store donated drug paraphernalia
in their distribution centers?

    No, you must release donated drug paraphernalia directly to the 
donee as designated on the transfer document.



Sec.  102-41.235  May we sell forfeited drug paraphernalia?

    No, you must destroy any forfeited drug paraphernalia not needed for 
transfer or donation and document the destruction as specified in Sec.  
102-41.215.



PART 102	42_UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS
AND DECORATIONS--Table of Contents



                      Subpart A_General Provisions

Sec.
102-42.5 What does this part cover?

                               Definitions

102-42.10 What definitions apply to this part?

[[Page 196]]

                     Care, Handling and Disposition

102-42.15 Under what circumstances may an employee retain a foreign gift 
          or decoration?
102-42.20 What is the typical disposition process for gifts and 
          decorations that employees are not authorized to retain?
102-42.25 Who retains custody of gifts and decorations pending disposal?
102-42.30 Who is responsible for the security, care and handling, and 
          delivery of gifts and decorations to GSA, and all costs 
          associated with such functions?
102-42.35 Can the employing agency be reimbursed for transfers of gifts 
          and decorations?

                               Appraisals

102-42.40 When is a commercial necessary?
102-42.45 What is my agency's responsibility for establishing procedures 
          for obtaining an appraisal?
102-42.50 What types of appraisals may my agency consider?
102-42.55 What does the employing agency do with the appraisal?

                            Special Disposals

102-42.60 Who is responsible for gifts and decorations received by 
          Senators and Senate employees?
102-42.65 What happens if the Commission on Art and Antiquities does not 
          dispose of a gift or decoration?
102-42.70 Who handles gifts and decorations received by the President or 
          Vice President or a member of their family?
102-42.75 How are gifts containing hazardous materials handled?

         Subpart B_Utilization of Foreign Gifts and Decorations

102-42.80 To whom do ``we'', ``you'', and their variants refer?
102-42.85 What gifts or decorations must we report to GSA?
102-42.90 What is the requirement for reporting gifts or decorations 
          that were retained for official use but are no longer needed?
102-42.95 How do we report gifts and decorations as excess personal 
          property?
102-42.100 How can we obtain an excess gift or decoration from another 
          agency?
102-42.105 What special information must be included on the transfer 
          request (SF 122)?
102-42.110 How must we justify a transfer request?
102-42.115 What must we do when the transferred gifts and decorations 
          are no longer required for official use?

           Subpart C_Donation of Foreign Gifts and Decorations

102-42.120 When may gifts or decorations be donated to State agencies?
102-42.125 How is donation of gifts or decorations accomplished?
102-42.130 Are there special requirements for the donation of gifts and 
          decorations?

     Subpart D_Sale or Destruction of Foreign Gifts and Decorations

102-42.135 Whose approval must be obtained before a foreign gift or 
          decoration is offered for public sale?
102-42.140 How is a sale of a foreign gift or decoration to an employee 
          conducted?
102-42.145 When is public sale of a foreign gift or decoration 
          authorized?
102-42.150 What happens to proceeds from sales?
102-42.155 Can foreign gifts or decorations be destroyed?

    Authority: 40 U.S.C. 121(c); sec. 515, 5 U.S.C. 7342 (91 Stat. 862).

    Source: 65 FR 45539, July 24, 2000, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-42.5  What does this part cover?

    This part covers the acceptance and disposition of gifts of more 
than minimal value and decorations from foreign governments under 5 
U.S.C. 7342. If you receive gifts other than from a foreign government, 
you should refer to Sec.  102-36.405 of this subchapter B.

[71 FR 28778, May 18, 2006]

                               Definitions



Sec.  102-42.10  What definitions apply to this part?

    The following definitions apply to this part:
    Decoration means an order, device, medal, badge, insignia, emblem, 
or award offered by or received from a foreign government.
    Employee means:
    (1) An employee as defined by 5 U.S.C. 2105 and an officer or 
employee of the United States Postal Service or of the Postal Rate 
Commission;
    (2) An expert or consultant who is under contract under 5 U.S.C. 
3109 with the United States or any agency, department, or establishment 
thereof, including, in the case of an organization

[[Page 197]]

performing services under that section, any individual involved in the 
performance of such services;
    (3) An individual employed by or occupying an office or position in 
the government of a territory or possession of the United States or the 
government of the District of Columbia;
    (4) A member of a uniformed service as specified in 10 U.S.C 101;
    (5) The President and the Vice President;
    (6) A Member of Congress as defined by 5 U.S.C. 2106 (except the 
Vice President) and any Delegate to the Congress; and
    (7) The spouse of an individual described in paragraphs (1) through 
(6) of this definition of employee (unless this individual and his or 
her spouse are separated) or a dependent (within the meaning of section 
152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of this 
individual, other than a spouse or dependent who is an employee under 
paragraphs (1) through (6) of this definition of employee.
    Employing agency means:
    (1) The department, agency, office, or other entity in which an 
employee is employed, for other legislative branch employees and for all 
executive branch employees;
    (2) The Committee on Standards of Official Conduct of the House of 
Representatives, for Members and employees of the House of 
Representatives, except that those responsibilities specified in 5 
U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) must be carried out by the 
Clerk of the House;
    (3) The Select Committee on Ethics of the Senate, for Senators and 
employees of the Senate, except that those responsibilities (other than 
responsibilities involving approval of the employing agency) specified 
in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B) must be carried out by the 
Secretary of the Senate; and
    (4) The Administrative Offices of the United States Courts, for 
judges and judicial branch employees.
    Foreign government means:
    (1) Any unit of foreign government, including any national, State, 
local, and municipal government and their foreign equivalents;
    (2) Any international or multinational organization whose membership 
is composed of any unit of a foreign government; and
    (3) Any agent or representative of any such foreign government unit 
or organization while acting as such.
    Gift means a monetary or non-monetary present (other than a 
decoration) offered by or received from a foreign government. A monetary 
gift includes anything that may commonly be used in a financial 
transaction, such as cash or currency, checks, money orders, bonds, 
shares of stock, and other securities and negotiable financial 
instruments.
    Minimal value means a retail value in the United States at the time 
of acceptance that is at or below the dollar value established by GSA 
and published in a Federal Management Regulation (FMR) Bulletin at 
www.gsa.gov/personalpropertypolicy.
    (1) GSA will adjust the definition of minimal value every three 
years, in consultation with the Secretary of State, to reflect changes 
in the Consumer Price Index for the immediately preceding 3-year period.
    (2) An employing agency may, by regulation, specify a lower value 
than this Government-wide value for its agency employees.
    Spouse means any individual who is lawfully married (unless legally 
separated), including an individual married to a person of the same sex 
who was legally married in a state or other jurisdiction (including a 
foreign country), that recognizes such marriages, regardless of whether 
or not the individual's state of residency recognizes such marriages. 
The term spouse does not include individuals in a formal relationship 
recognized by a state, which is other than lawful marriage; it also does 
not include individuals in a marriage in a jurisdiction outside the 
United States that is not recognized as a lawful marriage under United 
States law.

[65 FR 45539, July 24, 2000, as amended at 68 FR 56496, Sept. 4, 2002; 
70 FR 2318, Jan. 12, 2005; 71 FR 28778, May 18, 2006; 73 FR 7475, Feb. 
8, 2008; 76 FR 30551, May 26, 2011; 79 FR 18477, Apr. 2, 2014; 80 FR 
21190, Apr. 17, 2015]

[[Page 198]]

                     Care, Handling and Disposition



Sec.  102-42.15  Under what circumstances may an employee retain a foreign
gift or decoration?

    Employees, with the approval of their employing agencies, may accept 
and retain:
    (a) Gifts of minimal value received as souvenirs or marks of 
courtesy. When a gift of more than minimal value is accepted, the gift 
becomes the property of the U.S. Government, not the employee, and must 
be reported.
    (b) Decorations that have been offered or awarded for outstanding or 
unusually meritorious performance. If the employing agency disapproves 
retention of the decoration by the employee, the decoration becomes the 
property of the U.S. Government.



Sec.  102-42.20  What is the typical disposition process for gifts and 
decorations that employees are not authorized to retain?

    (a) Non-monetary gifts or decorations. When an employee receives a 
non-monetary gift above the minimal value or a decoration that he/she is 
not authorized to retain:
    (1) The employee must report the gift or decoration to his/her 
employing agency within 60 days after accepting it.
    (2) The employing agency determines if it will keep the gift or 
decoration for official use.
    (3) If it does not return the gift or decoration to the donor or 
keep it for official use, the employing agency reports it as excess 
personal property to GSA for Federal utilization screening under Sec.  
102-42.95.
    (4) If GSA does not transfer the gift or decoration during Federal 
utilization screening, the employee may purchase the gift or decoration 
(see Sec.  102-42.140).
    (5) If the employee declines to purchase the gift or decoration, and 
there is no Federal requirement for either, GSA may offer it for 
donation through State Agencies for Surplus Property (SASP) under part 
102-37 of this subchapter B.
    (6) If no SASP requests the gift or decoration for donation, GSA may 
offer it for public sale, with the approval of the Secretary of State, 
or will authorize the destruction of the gift or decoration under part 
102-38 of this subchapter B.
    (b) Monetary gifts. When an employee receives a monetary gift above 
the minimal value:
    (1) The employee must report the gift to his/her employing agency 
within 60 days after accepting it.
    (2) The employing agency must:
    (i) Report a monetary gift with possible historic or numismatic 
(i.e., collectible) value to GSA; or
    (ii) Deposit a monetary gift that has no historic or numismatic 
value with the Department of the Treasury.

[65 FR 45539, July 24, 2000, as amended at 71 FR 28778, May 18, 2006]



Sec.  102-42.25  Who retains custody of gifts and decorations pending 
disposal?

    (a) The employing agency retains custody of gifts and decorations 
that employees have expressed an interest in purchasing.
    (b) GSA will accept physical custody of gifts above the minimal 
value, which employees decline to purchase, or decorations that are not 
retained for official use or returned to donors.

    Note to Sec.  102-42.25(b): GSA will not accept physical custody of 
foreign gifts of firearms. Firearms reported by the agency as excess 
must be disposed of in accordance with part 101-42 of this title.



Sec.  102-42.30  Who is responsible for the security, care and handling,
and delivery of gifts and decorations to GSA, and all costs associated 
with such functions?

    The employing agency is responsible for the security, care and 
handling, and delivery of gifts and decorations to GSA, and all costs 
associated with such functions.



Sec.  102-42.35  Can the employing agency be reimbursed for transfers
of gifts and decorations?

    No, all transfers of gifts and decorations to Federal agencies or 
donation through SASPs will be without reimbursement. However, the 
employing agency may require the receiving agency to pay all or part of 
the direct costs incurred by the employing agency in packing, 
preparation for shipment, loading, and transportation.

[[Page 199]]

                               Appraisals



Sec.  102-42.40  When is an appraisal necessary?

    An appraisal is necessary when--
    (a) An employee indicates an interest in purchasing a gift or 
decoration. In this situation, the appraisal must be obtained before the 
gift or decoration is reported to GSA for screening (see 102-42.20); or
    (b) GSA requires the employing agency to obtain an appraisal of a 
gift or decoration that the agency has retained for official use and no 
longer needs before accepting the agency's report of the item as excess 
personal property; or
    (c) The policy of one's own agency requires it, pursuant to 5 U.S.C. 
7342(g).

    Note to Sec.  102-42.40 paragraphs (a) and (b): Refer to Sec.  102-
42.50 for how appraisals under these two situations are handled.

[74 FR 2396, Jan. 15, 2009]



Sec.  102-42.45  What is my agency's responsibility for establishing
procedures for obtaining an appraisal?

    The employing agency is responsible for establishing its own 
procedure for obtaining an appraisal that represents the value of the 
gift in the United States. This applies to all gifts, even when the 
recipient wishes to retain and/or purchase the gift. Appraisals are 
required for gifts that are personalized (e.g., Books signed by the 
author, Gifts personally labeled).

[74 FR 2396, Jan. 15, 2009]



Sec.  102-42.50  What types of appraisals may my agency consider?

    Your agency may allow--
    (a) Written commercial appraisals conducted by an appraisal firm or 
trade organization; and
    (b) Retail value appraisals where the value of the gift may be 
ascertained by reviewing current and reliable non-discounted retail 
catalogs, retail price lists, or retail Web site valuations.

[74 FR 2396, Jan. 15, 2009]



Sec.  102-42.55  What does the employing agency do with the appraisal?

    When an appraisal is necessary under Sec.  102-42.40, the employing 
agency must include the appraisal with the Standard Form (SF) 120, 
Report of Excess Personal Property, and send it to GSA in accordance 
with the requirements of Sec.  102-42.95. By attaching the appraisal, 
the employing agency is certifying that the value cited is the retail 
value/appraised value of the item in the United States in U.S. dollars 
on the date set forth on the appraisal.

[74 FR 2396, Jan. 15, 2009]

                            Special Disposals



Sec.  102-42.60  Who is responsible for gifts and decorations received
by Senators and Senate employees?

    Gifts and decorations received by Senators and Senate employees are 
deposited with the Secretary of the Senate for disposal by the 
Commission on Art and Antiquities of the United States Senate under 5 
U.S.C. 7342(e)(2). GSA is responsible for disposing of gifts or 
decorations received by Members and employees of the House of 
Representatives.



Sec.  102-42.65  What happens if the Commission on Art and Antiquities
does not dispose of a gift or decoration?

    If the Commission on Art and Antiquities does not dispose of a gift 
or decoration, then it must be reported to GSA for disposal. If GSA does 
not dispose of a gift or decoration within one year of the Commission's 
reporting, the Commission may:
    (a) Request that GSA return the gift or decoration and dispose of it 
itself; or
    (b) Continue to allow GSA to dispose of the gift or decoration in 
accordance with this part.



Sec.  102-42.70  Who handles gifts and decorations received by the
President or Vice President or a member of their family?

    The National Archives and Records Administration normally handles 
gifts and decorations received by the President and Vice President or a 
member of the President's or Vice President's family.

[71 FR 28778, May 18, 2006]

[[Page 200]]



Sec.  102-42.75  How are gifts containing hazardous materials handled?

    Gifts containing hazardous materials are handled in accordance with 
the requirements and provisions of this part and part 101-42 of this 
title.



         Subpart B_Utilization of Foreign Gifts and Decorations



Sec.  102-42.80  To whom do ``we'', ``you'', and their variants refer?

    Use of pronouns ``we'', ``you'', and their variants throughout this 
subpart refers to the employing agency.



Sec.  102-42.85  What gifts or decorations must we report to GSA?

    You must report to GSA gifts of more than minimal value, except for 
monetary gifts that have no historic or numismatic value (see Sec.  102-
42.20), or decorations the employee is not authorized to retain that 
are:
    (a) Not being retained for official use or have not been returned to 
the donor; or
    (b) Received by a Senator or a Senate employee and not disposed of 
by the Commission on Art and Antiquities of the United States Senate.



Sec.  102-42.90  What is the requirement for reporting gifts or
decorations that were retained for official use but are no longer needed?

    Non-monetary gifts or decorations that were retained for official 
use must be reported to GSA as excess property within 30 days after 
termination of the official use.



Sec.  102-42.95  How do we report gifts and decorations as excess 
personal property?

    You must complete a Standard Form (SF) 120, Report of Excess 
Personal Property, and send it to the General Services Administration, 
Utilization and Donation Program Division (QSCA), Washington, DC 20406. 
Conspicuously mark the SF 120, ``FOREIGN GIFTS AND/OR DECORATIONS'', and 
include the following information:

------------------------------------------------------------------------
               Entry                             Description
------------------------------------------------------------------------
(a) Identity of Employee..........  Give the name and position of the
                                     employee.
------------------------------------------------------------------------
(b) Description of Item...........  Give a full description of the gift
                                     or decoration, including the title
                                     of the decoration.
------------------------------------------------------------------------
(c) Identity of Foreign Government  Give the identity of the foreign
                                     government (if known) and the name
                                     and position of the individual who
                                     presented the gift or decoration.
------------------------------------------------------------------------
(d) Date of Acceptance............  Give the date the gift or decoration
                                     was accepted by the employee.
------------------------------------------------------------------------
(e) Appraised Value...............  Give the appraised value in United
                                     States dollars of the gift or
                                     decoration, including the cost of
                                     the appraisal. (The employing
                                     agency must obtain a commercial
                                     appraisal before the gift is
                                     offered for sale to the employee.)
------------------------------------------------------------------------
(f) Current Location of Item......  Give the current location of the
                                     gift or decoration.
------------------------------------------------------------------------
(g) Employing Agency Contact        Give the name, address, and
 Person.                             telephone number of the accountable
                                     official in the employing agency.
------------------------------------------------------------------------
(h) Purchase Interest or Donation   Indicate whether the employee wants
 Recommendation.                     to buy the gift, or whether the
                                     employee wants the gift or
                                     decoration donated to an eligible
                                     donee through GSA's surplus
                                     donation program. Document this
                                     interest in a letter outlining any
                                     special significance of the gift or
                                     decoration to the proposed donee.
                                     Also provide the mailing address
                                     and telephone number of both the
                                     employee and the proposed donee.
------------------------------------------------------------------------

[[Page 201]]

 
(i) Administration................  Give the Administration in which the
                                     gift or decoration was received
                                     (for example, Clinton
                                     Administration).
------------------------------------------------------------------------
(j) Multiple Items................  Identify each gift or decoration as
                                     a separate line item. Report
                                     multiple gift items that make up a
                                     set (for example, a tea set, a
                                     necklace and matching earrings) as
                                     a single line item.
------------------------------------------------------------------------


[65 FR 45539, July 24, 2000, as amended at 74 FR 2396, Jan. 15, 2009]



Sec.  102-42.100  How can we obtain an excess gift or decoration from
another agency?

    To obtain an excess gift or decoration from another agency, you 
would complete a Standard Form (SF) 122, Transfer Order Excess Personal 
Property, or any other transfer order form approved by GSA, for the 
desired item(s) and submit the form to the General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406.



Sec.  102-42.105  What special information must be included on the SF 122?

    Conspicuously mark the SF 122, ``FOREIGN GIFTS AND/OR DECORATIONS'', 
and include all information furnished by the employing agency as 
specified in Sec.  102-42.95. Also, include on the form the following 
statement: ``At such time as these items are no longer required, they 
will be reported to the General Services Administration, Property 
Management Division (FBP), Washington, DC 20406, and will be identified 
as foreign gift items and cross-referenced to this transfer order 
number.''



Sec.  102-42.110  How must we justify a transfer request?

    You may only request excess gifts and decorations for public display 
or other bona fide agency use and not for the personal benefit of any 
individual. GSA may require that transfer orders be supported by 
justifications for the intended display or official use of requested 
gifts and decorations. Jewelry and watches that are transferred for 
official display must be displayed with adequate provisions for 
security.



Sec.  102-42.115  What must we do when the transferred gifts and 
decorations are no longer required for official use?

    When transferred gifts and decorations are no longer required for 
official use, report these gifts and decorations to the GSA as excess 
property on a SF 120, including the original transfer order number or a 
copy of the original transfer order.



           Subpart C_Donation of Foreign Gifts and Decorations



Sec.  102-42.120  When may gifts or decorations be donated to State
agencies?

    If there is no Federal requirement for the gifts or decorations, and 
if gifts were not sold to the employee, GSA may make the gifts or 
decorations available for donation to State agencies under this subpart 
and part 102-37 of this subchapter B.

[65 FR 45539, July 24, 2000, as amended at 71 FR 28778, May 18, 2006]



Sec.  102-42.125  How is donation of gifts or decorations accomplished?

    The State Agencies for Surplus Property (SASP) must initiate the 
process on behalf of a prospective donee (e.g., units of State or local 
governments and eligible non-profit organizations) by:
    (a) Completing a Standard Form (SF) 123, Transfer Order Surplus 
Personal Property, and submitting it to General Services Administration, 
Property Management Division (FBP), Washington, DC 20406. Conspicuously 
mark the SF 123 with the words, ``FOREIGN GIFTS AND/OR DECORATIONS.''
    (b) Attaching an original and two copies of a letter of intent to 
each SF 123 submitted to GSA. An authorized representative of the 
proposed donee must sign and date the letter, setting forth a detailed 
plan for use of the

[[Page 202]]

property. The letter of intent must provide the following information:
    (1) Identifying the donee applicant, including its legal name and 
complete address, its status as a public agency or as an eligible 
nonprofit tax-exempt activity, and the name, title, and telephone number 
of its authorized representative;
    (2) A description of the gift or decoration requested, including the 
gift's commercially appraised value or estimated fair market value if no 
commercial appraisal was performed; and
    (3) Details on the planned use of the gift or decoration, including 
where and how it will be used and how it will be safeguarded.



Sec.  102-42.130  Are there special requirements for the donation of
gifts and decorations?

    Yes, GSA imposes special handling and use limitations on the 
donation of gifts and decorations. The SASP distribution document must 
contain or incorporate by reference the following:
    (a) The donee must display or use the gift or decoration in 
accordance with its GSA-approved letter of intent.
    (b) There must be a period of restriction which will expire after 
the gift or decoration has been used for the purpose stated in the 
letter of intent for a period of 10 years, except that GSA may restrict 
the use of the gift or decoration for such other period when the 
inherent character of the property justifies such action.
    (c) The donee must allow the right of access to the donee's premises 
at reasonable times for inspection of the gift or decoration by duly 
authorized representatives of the SASP or the U.S. Government.
    (d) During the period of restriction, the donee must not:
    (1) Sell, trade, lease, lend, bail, encumber, cannibalize or 
dismantle for parts, or otherwise dispose of the property;
    (2) Remove it permanently for use outside the State;
    (3) Transfer title to the gift or decoration directly or indirectly; 
or
    (4) Do or allow anything to be done that would contribute to the 
gift or decoration being seized, attached, lost, stolen, damaged, or 
destroyed.
    (e) If the gift or decoration is no longer suitable, usable, or 
needed by the donee for the stated purpose of donation during the period 
of restriction, the donee must promptly notify the General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406, through the SASP, and upon demand by GSA, title and right to 
possession of the gift or decoration reverts to the U.S. Government. In 
this event, the donee must comply with transfer or disposition 
instructions furnished by GSA through the SASP, and pay the costs of 
transportation, handling, and reasonable insurance during 
transportation.
    (f) The donee must comply with all additional conditions covering 
the handling and use of any gift or decoration imposed by GSA.
    (g) If the donee fails to comply with the conditions or limitations 
during the period of restriction, the SASP may demand return of the gift 
or decoration and, upon such demand, title and right to possession of 
the gift or decoration reverts to the U.S. Government. In this event, 
the donee must return the gift or decoration in accordance with 
instructions furnished by the SASP, with costs of transportation, 
handling, and reasonable insurance during transportation to be paid by 
the donee or as directed by the SASP.
    (h) If the gift or decoration is lost, stolen, or cannot legally be 
recovered or returned for any other reason, the donee must pay to the 
U.S. Government the fair market value of the gift or decoration at the 
time of its loss, theft, or at the time that it became unrecoverable as 
determined by GSA. If the gift or decoration is damaged or destroyed, 
the SASP may require the donee to:
    (1) Return the item and pay the difference between its former fair 
market value and its current fair market value; or
    (2) Pay the fair market value, as determined by GSA, of the item had 
it not been damaged or destroyed.

[[Page 203]]



     Subpart D_Sale or Destruction of Foreign Gifts and Decorations



Sec.  102-42.135  Whose approval must be obtained before a foreign gift
or decoration is offered for public sale?

    The Secretary of State or the Secretary's designee must approve any 
sale of foreign gifts or decorations (except sale of foreign gifts to 
the employee, that is approved in this part).



Sec.  102-42.140  How is a sale of a foreign gift or decoration to an
employee conducted?

    Foreign gifts and decorations must be offered first through 
negotiated sales to the employee who has indicated an interest in 
purchasing the item. The sale price must be the commercially appraised 
value of the gift. Sales must be conducted and documented in accordance 
with part 102-38 of this subchapter B.

[68 FR 56496, Sept. 4, 2003, as amended at 71 FR 28778, May 18, 2006]



Sec.  102-42.145  When is public sale of a foreign gift or decoration
authorized?

    A public sale is authorized if a foreign gift or decoration:
    (a) Survives Federal utilization screening;
    (b) Is not purchased by the employee;
    (c) Survives donation screening; and
    (d) Is approved by the Secretary of State or designee.



Sec.  102-42.150  What happens to proceeds from sales?

    The proceeds from the sale of foreign gifts or decorations must be 
deposited in the Treasury as miscellaneous receipts, unless otherwise 
authorized.



Sec.  102-42.155  Can foreign gifts or decorations be destroyed?

    Yes, foreign gifts or decorations that are not sold under this part 
may be destroyed and disposed of as scrap or for their material content 
under part 102-38 of this subchapter B.

[65 FR 45539, July 24, 2000, as amended at 71 FR 28778, May 18, 2006]

                     PARTS 102	43_102	70 [RESERVED]

[[Page 204]]



                       SUBCHAPTER C_REAL PROPERTY





PART 102	71_GENERAL--Table of Contents



Sec.
102-71.5 What is the scope and philosophy of the General Services 
          Administration's (GSA) real property policies?
102-71.10 How are these policies organized?
102-71.15 [Reserved]
102-71.20 What definitions apply to GSA's real property policies?
102-71.25 Who must comply with GSA's real property policies?
102-71.30 How must these real property policies be implemented?
102-71.35 Are agencies allowed to deviate from GSA's real property 
          policies?

    Authority: 40 U.S.C. 121(c).

    Source: 70 FR 67786, Nov. 8, 2005, unless otherwise noted.



Sec.  102-71.5  What is the scope and philosophy of the General Services
Administration's (GSA) real property policies?

    GSA's real property policies contained in this part and parts 102-72 
through 102-82 of this chapter apply to Federal agencies, including 
GSA's Public Buildings Service (PBS), operating under, or subject to, 
the authorities of the Administrator of General Services. These policies 
cover the acquisition, management, utilization, and disposal of real 
property by Federal agencies that initiate and have decision-making 
authority over actions for real property services. The detailed guidance 
implementing these policies is contained in separate customer service 
guides.



Sec.  102-71.10  How are these policies organized?

    GSA has divided its real property policies into the following 
functional areas:
    (a) Delegation of authority.
    (b) Real estate acquisition.
    (c) Facility management.
    (d) Real property disposal.
    (e) Design and construction.
    (f) Art-in-architecture.
    (g) Historic preservation.
    (h) Assignment and utilization of space.
    (i) Safety and environmental management.
    (j) Security.
    (k) Utility services.
    (l) Location of space.



Sec.  102-71.15  [Reserved]



Sec.  102-71.20  What definitions apply to GSA's real property policies?

    The following definitions apply to GSA's real property policies:
    Airport means any area of land or water that is used, or intended 
for use, for the landing and takeoff of aircraft, and any appurtenant 
areas that are used, or intended for use, for airport buildings or other 
airport facilities or rights-of-way, together with all airport buildings 
and facilities located thereon.
    Alteration means remodeling, improving, extending, or making other 
changes to a facility, exclusive of maintenance repairs that are 
preventive in nature. The term includes planning, engineering, 
architectural work, and other similar actions.
    Carpool means a group of two or more people regularly using a motor 
vehicle for transportation to and from work on a continuing basis.
    Commercial activities, within the meaning of subpart D, part 102-74 
of this chapter, are activities undertaken for the primary purpose of 
producing a profit for the benefit of an individual or organization 
organized for profit. (Activities where commercial aspects are 
incidental to the primary purpose of expression of ideas or advocacy of 
causes are not commercial activities for purposes of this part.)
    Cultural activities include, but are not limited to, films, 
dramatics, dances, musical presentations, and fine art exhibits, whether 
or not these activities are intended to make a profit.
    Decontamination means the complete removal or destruction by 
flashing of explosive powders; the neutralizing and cleaning-out of acid 
and corrosive materials; the removal, destruction, or neutralizing of 
toxic, hazardous or infectious substances; and the complete removal and 
destruction by burning or detonation of live ammunition from 
contaminated areas and buildings.

[[Page 205]]

    Designated Official is the highest ranking official of the primary 
occupant agency of a Federal facility, or, alternatively, a designee 
selected by mutual agreement of occupant agency officials.
    Disabled employee means an employee who has a severe, permanent 
impairment that for all practical purposes precludes the use of public 
transportation, or an employee who is unable to operate a car as a 
result of permanent impairment who is driven to work by another. 
Priority may require certification by an agency medical unit, including 
the Department of Veterans Affairs or the Public Health Service.
    Disposal agency means the Executive agency designated by the 
Administrator of General Services to dispose of surplus real or personal 
property.
    Educational activities mean activities such as (but not limited to) 
the operation of schools, libraries, day care centers, laboratories, and 
lecture or demonstration facilities.
    Emergency includes bombings and bomb threats, civil disturbances, 
fires, explosions, electrical failures, loss of water pressure, chemical 
and gas leaks, medical emergencies, hurricanes, tornadoes, floods, and 
earthquakes. The term does not apply to civil defense matters such as 
potential or actual enemy attacks that are addressed by the U.S. 
Department of Homeland Security.
    Executive means a Government employee with management 
responsibilities who, in the judgment of the employing agency head or 
his/her designee, requires preferential assignment of parking 
privileges.
    Executive agency means an Executive department specified in section 
101 of title 5; a military department specified in section 102 of such 
title; an independent establishment as defined in section 104(1) of such 
title; and a wholly owned Government corporation fully subject to the 
provisions of chapter 91 of title 31.
    Federal agency means any Executive agency or any establishment in 
the legislative or judicial branch of the Government (except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his or her direction).
    Federal agency buildings manager means the buildings manager 
employed by GSA or a Federal agency that has been delegated real 
property management and operation authority from GSA.
    Federal Government real property services provider means any Federal 
Government entity operating under, or subject to, the authorities of the 
Administrator of General Services that provides real property services 
to Federal agencies. This definition also includes private sector firms 
under contract with Federal agencies that deliver real property services 
to Federal agencies. This definition excludes any entity operating 
under, or subject to, authorities other than those of the Administrator 
of General Services.
    Flame-resistant means meeting performance standards as described by 
the National Fire Protection Association (NFPA Standard No. 701). 
Fabrics labeled with the Underwriters Laboratories Inc., classification 
marking for flammability are deemed to be flame resistant for purposes 
of this part.
    Foot-candle is the illumination on a surface one square foot in area 
on which there is a uniformly distributed flux of one lumen, or the 
illuminance produced on a surface all points of which are at a distance 
of one foot from a directionally uniform point source of one candela.
    GSA means the U.S. General Services Administration, acting by or 
through the Administrator of General Services, or a designated official 
to whom functions under this part have been delegated by the 
Administrator of General Services.
    Highest and best use means the most likely use to which a property 
can be put, which will produce the highest monetary return from the 
property, promote its maximum value, or serve a public or institutional 
purpose. The highest and best use determination must be based on the 
property's economic potential, qualitative values (social and 
environmental) inherent in the property itself, and other utilization 
factors controlling or directly affecting land use (e.g., zoning, 
physical characteristics, private and public uses in the vicinity, 
neighboring improvements, utility services, access, roads, location,

[[Page 206]]

and environmental and historical considerations). Projected highest and 
best use should not be remote, speculative, or conjectural.
    Indefinite quantity contract (commonly referred to as term contract) 
provides for the furnishing of an indefinite quantity, within stated 
limits, of specific property or services during a specified contract 
period, with deliveries to be scheduled by the timely placement of 
orders with the contractor by activities designated either specifically 
or by class.
    Industrial property means any real property and related personal 
property that has been used or that is suitable to be used for 
manufacturing, fabricating, or processing of products; mining 
operations; construction or repair of ships and other waterborne 
carriers; power transmission facilities; railroad facilities; and 
pipeline facilities for transporting petroleum or gas.
    Landholding agency means the Federal agency that has accountability 
for the property involved. For the purposes of this definition, 
accountability means that the Federal agency reports the real property 
on its financial statements and inventory records.
    Landing area means any land or combination of water and land, 
together with improvements thereon and necessary operational equipment 
used in connection therewith, which is used for landing, takeoff, and 
parking of aircraft. The term includes, but is not limited to, runways, 
strips, taxiways, and parking aprons.
    Life cycle cost is the total cost of owning, operating, and 
maintaining a building over its useful life, including its fuel and 
energy costs, determined on the basis of a systematic evaluation and 
comparison of alternative building systems; except that in the case of 
leased buildings, the life cycle cost shall be calculated over the 
effective remaining term of the lease.
    Limited combustible means rigid materials or assemblies that have 
fire hazard ratings not exceeding 25 for flame spread and 150 for smoke 
development when tested in accordance with the American Society for 
Testing and Materials, Test E 84, Surface Burning Characteristics of 
Building Materials.
    Maintenance, for the purposes of part 102-75, entitled ``Real 
Property Disposal,'' of this chapter, means the upkeep of property only 
to the extent necessary to offset serious deterioration; also such 
operation of utilities, including water supply and sewerage systems, 
heating, plumbing, and air-conditioning equipment, as may be necessary 
for fire protection, the needs of interim tenants, and personnel 
employed at the site, and the requirements for preserving certain types 
of equipment. For the purposes of part 102-74, entitled ``Facility 
Management,'' of this chapter, maintenance means preservation by 
inspection, adjustment, lubrication, cleaning, and the making of minor 
repairs. Ordinary maintenance means routine recurring work that is 
incidental to everyday operations; preventive maintenance means work 
programmed at scheduled intervals.
    Management means the safeguarding of the Government's interest in 
property, in an efficient and economical manner consistent with the best 
business practices.
    Nationally recognized standards encompasses any standard or 
modification thereof that--
    (1) Has been adopted and promulgated by a nationally recognized 
standards-producing organization under procedures whereby those 
interested and affected by it have reached substantial agreement on its 
adoption; or
    (2) Was formulated through consultation by appropriate Federal 
agencies in a manner that afforded an opportunity for diverse views to 
be considered.
    No commercial value means real property, including related personal 
property, which has no reasonable prospect of producing any disposal 
revenues.
    Nonprofit organization means an organization identified in 26 U.S.C. 
501(c).
    Normally furnished commercially means consistent with the level of 
services provided by a commercial building operator for space of 
comparable quality and housing tenants with comparable requirements. 
Service levels are based on the effort required to service space for a 
five-day week, one eight-hour shift schedule.

[[Page 207]]

    Occupancy Emergency Organization means the emergency response 
organization comprised of employees of Federal agencies designated to 
perform the requirements established by the Occupant Emergency Plan.
    Occupant agency means an organization that is assigned space in a 
facility under GSA's custody and control.
    Occupant Emergency Plan means procedures developed to protect life 
and property in a specific federally occupied space under stipulated 
emergency conditions.
    Occupant Emergency Program means a short-term emergency response 
program. It establishes procedures for safeguarding lives and property 
during emergencies in particular facilities.
    Postal vehicle means a Government-owned vehicle used for the 
transportation of mail, or a privately owned vehicle used under contract 
with the U.S. Postal Service for the transportation of mail.
    Protection means the provisions of adequate measures for prevention 
and extinguishment of fires, special inspections to determine and 
eliminate fire and other hazards, and necessary guards to protect 
property against thievery, vandalism, and unauthorized entry.
    Public area means any area of a building under the control and 
custody of GSA that is ordinarily open to members of the public, 
including lobbies, courtyards, auditoriums, meeting rooms, and other 
such areas not assigned to a lessee or occupant agency.
    Public body means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any 
political subdivision, agency, or instrumentality of the foregoing.
    Public building means:
    (1) Any building that is suitable for office and/or storage space 
for the use of one or more Federal agencies or mixed-ownership 
corporations, such as Federal office buildings, post offices, 
customhouses, courthouses, border inspection facilities, warehouses, and 
any such building designated by the President. It also includes 
buildings of this sort that are acquired by the Federal Government under 
the Administrator's installment-purchase, lease-purchase, and purchase-
contract authorities.
    (2) Public building does not include buildings:
    (i) On the public domain.
    (ii) In foreign countries.
    (iii) On Indian and native Eskimo properties held in trust by the 
United States.
    (iv) On lands used in connection with Federal programs for 
agricultural, recreational, and conservation purposes.
    (v) On or used in connection with river, harbor, flood control, 
reclamation or power projects, or for chemical manufacturing or 
development projects, or for nuclear production, research, or 
development projects.
    (vi) On or used in connection with housing and residential projects.
    (vii) On military installations.
    (viii) On Department of Veterans Affairs installations used for 
hospital or domiciliary purposes.
    (ix) Excluded by the President.
    Real property means:
    (1) Any interest in land, together with the improvements, 
structures, and fixtures located thereon (including prefabricated 
movable structures, such as Butler-type storage warehouses and Quonset 
huts, and house trailers with or without undercarriages), and 
appurtenances thereto, under the control of any Federal agency, except--
    (i) The public domain;
    (ii) Lands reserved or dedicated for national forest or national 
park purposes;
    (iii) Minerals in lands or portions of lands withdrawn or reserved 
from the public domain that the Secretary of the Interior determines are 
suitable for disposition under the public land mining and mineral 
leasing laws;
    (iv) Lands withdrawn or reserved from the public domain but not 
including lands or portions of lands so withdrawn or reserved that the 
Secretary of the Interior, with the concurrence of the Administrator of 
General Services, determines are not suitable for return to the public 
domain for disposition under the general public land laws because such 
lands are substantially changed in character by improvements or 
otherwise; and

[[Page 208]]

    (v) Crops when designated by such agency for disposition by 
severance and removal from the land.
    (2) Improvements of any kind, structures, and fixtures under the 
control of any Federal agency when designated by such agency for 
disposition without the underlying land (including such as may be 
located on the public domain, on lands withdrawn or reserved from the 
public domain, on lands reserved or dedicated for national forest or 
national park purposes, or on lands that are not owned by the United 
States) excluding, however, prefabricated movable structures, such as 
Butler-type storage warehouses and Quonset huts, and house trailers 
(with or without undercarriages).
    (3) Standing timber and embedded gravel, sand, or stone under the 
control of any Federal agency, whether designated by such agency for 
disposition with the land or by severance and removal from the land, 
excluding timber felled, and gravel, sand, or stone excavated by or for 
the Government prior to disposition.
    Recognized labor organization means a labor organization recognized 
under title VII of the Civil Service Reform Act of 1978 (Pub. L. 95-
454), as amended, governing labor-management relations.
    Recreational activities include, but are not limited to, the 
operations of gymnasiums and related facilities.
    Regional Officer, within the meaning of part 102-74, subpart D of 
this chapter, means the Federal official designated to supervise the 
implementation of the occasional use provisions of 40 U.S.C. 581(h)(2). 
The Federal official may be an employee of GSA or a Federal agency that 
has delegated authority from GSA to supervise the implementation of the 
occasional use provisions of 40 U.S.C. 581(h)(2).
    Related personal property means any personal property--
    (1) That is an integral part of real property or is related to, 
designed for, or specially adapted to the functional or productive 
capacity of the real property and the removal of which would 
significantly diminish the economic value of the real property (normally 
common use items, including but not limited to general-purpose 
furniture, utensils, office machines, office supplies, or general-
purpose vehicles, are not considered to be related personal property); 
or
    (2) That is determined by the Administrator of General Services to 
be related to the real property.
    Repairs means those additions or changes that are necessary for the 
protection and maintenance of property to deter or prevent excessive or 
rapid deterioration or obsolescence, and to restore property damaged by 
storm, flood, fire, accident, or earthquake.
    Ridesharing means the sharing of the commute to and from work by two 
or more people, on a continuing basis, regardless of their relationship 
to each other, in any mode of transportation, including, but not limited 
to, carpools, vanpools, buspools, and mass transit.
    State means the fifty States, political subdivisions thereof, the 
District of Columbia, the Commonwealths of Puerto Rico and Guam, and the 
territories and possessions of the United States.
    Unit price agreement provides for the furnishing of an indefinite 
quantity, within stated limits, of specific property or services at a 
specified price, during a specified contract period, with deliveries to 
be scheduled by the timely placement of orders upon the lessor by 
activities designated either specifically or by class.
    Unusual hours means work hours that are frequently required to be 
varied and do not coincide with any regular work schedule. This category 
includes time worked by individuals who regularly or frequently work 
significantly more than 8 hours per day. Unusual hours does not include 
time worked by shift workers, by those on alternate work schedules, and 
by those granted exceptions to the normal work schedule (e.g., flex-
time).
    Upon approval from GSA means when an agency either has a delegation 
of authority document from the Administrator of General Services or 
written approval from the Administrator or his/her designee before 
proceeding with a specified action.
    Vanpool means a group of at least 8 persons using a passenger van or 
a commuter bus designed to carry 10 or more passengers. Such a vehicle 
must be used for transportation to and from work in a single daily round 
trip.

[[Page 209]]

    Zonal allocations means the allocation of parking spaces on the 
basis of zones established by GSA in conjunction with occupant agencies. 
In metropolitan areas where this method is used, all agencies located in 
a designated zone will compete for available parking in accordance with 
instructions issued by GSA. In establishing this procedure, GSA will 
consult with all affected agencies.



Sec.  102-71.25  Who must comply with GSA's real property policies?

    Federal agencies operating under, or subject to, the authorities of 
the Administrator of General Services must comply with these policies.



Sec.  102-71.30  How must these real property policies be implemented?

    Each Federal Government real property services provider must provide 
services that are in accord with the policies presented in parts 102-71 
through 102-82 of this chapter. Also, Federal agencies must make the 
provisions of any contract with private sector real property services 
providers conform to the policies in parts 102-71 through 102-82 of this 
chapter.



Sec.  102-71.35  Are agencies allowed to deviate from GSA's real property
policies?

    Yes, see Sec. Sec.  102-2.60 through 102-2.110 of this chapter to 
request a deviation from the requirements of these real property 
policies.



PART 102	72_DELEGATION OF AUTHORITY--Table of Contents



                      Subpart A_General Provisions

Sec.
102-72.5 What is the scope of this part?
102-72.10 What basic policy governs delegation of authority to Federal 
          agencies?

                    Subpart B_Delegation of Authority

102-72.15 What criteria must a delegation meet?
102-72.20 Are there limitations on this delegation of authority?
102-72.25 What are the different types of delegations of authority?
102-72.30 What are the different types of delegations related to real 
          estate leasing?
102-72.35 What are the requirements for obtaining an Administrative 
          Contracting Officer (ACO) delegation from GSA?
102-72.40 What are facility management delegations?
102-72.45 What are the different types of delegations related to 
          facility management?
102-72.50 What are Executive agencies' responsibilities under a 
          delegation of real property management and operation authority 
          from GSA?
102-72.55 What are the requirements for obtaining a delegation of real 
          property management and operation authority from GSA?
102-72.60 What are Executive agencies' responsibilities under a 
          delegation of individual repair and alteration project 
          authority from GSA?
102-72.65 What are the requirements for obtaining a delegation of 
          individual repair and alteration project authority from GSA?
102-72.66 Do Executive agencies have a delegation of authority to 
          perform ancillary repair and alteration projects in federally 
          owned buildings under the jurisdiction, custody or control of 
          GSA?
102-72.67 What work is covered under an ancillary repair and alteration 
          delegation?
102-72.68 What preconditions must be satisfied before an Executive 
          agency may exercise the delegated authority to perform an 
          individual ancillary repair and alteration project?
102-72.69 What additional terms and conditions apply to an Executive 
          agencies' delegation of ancillary repair and alteration 
          authority?
102-72.70 What are Executive agencies' responsibilities under a 
          delegation of lease management authority (contracting officer 
          representative authority) from GSA?
102-72.75 What are the requirements for obtaining a delegation of lease 
          management authority (contracting officer representative 
          authority) from GSA?
102-72.80 What are Executive agencies' responsibilities under a disposal 
          of real property delegation of authority from GSA?
102-72.85 What are the requirements for obtaining a disposal of real 
          property delegation of authority from GSA?
102-72.90 What are Executive agencies' responsibilities under a security 
          delegation of authority from GSA?
102-72.95 What are the requirements for obtaining a security delegation 
          of authority from GSA?
102-72.100 What are Executive agencies' responsibilities under a utility 
          service delegation of authority from GSA?
102-72.105 What are the requirements for obtaining a utility services 
          delegation of authority from GSA?


[[Page 210]]


    Authority: 40 U.S.C. 121(c), (d) and (e).

    Source: 70 FR 67789, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-72.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec.  102-72.10  What basic policy governs delegation of authority to 
Federal agencies?

    The Administrator of General Services may delegate and may authorize 
successive redelegations of the real property authority vested in the 
Administrator to any Federal agency.



                    Subpart B_Delegation of Authority



Sec.  102-72.15  What criteria must a delegation meet?

    Delegations must be in the Government's best interest, which means 
that GSA must evaluate such factors as whether a delegation would be 
cost effective for the Government in the delivery of space.



Sec.  102-72.20  Are there limitations on this delegation of authority?

    Federal agencies must exercise delegated real property authority and 
functions according to the parameters described in each delegation of 
authority document, and Federal agencies may only exercise the authority 
of the Administrator that is specifically provided within the delegation 
of authority document.



Sec.  102-72.25  What are the different types of delegations of authority?

    The basic types of GSA Delegations of Authority are--
    (a) Delegation of Leasing Authority;
    (b) Delegation of Real Property Management and Operation Authority;
    (c) Delegation of Individual Repair and Alteration Project 
Authority;
    (d) Delegation of Lease Management Authority (Contracting Office 
Representative Authority);
    (e) Delegation of Administrative Contracting Officer (ACO) 
Authority;
    (f) Delegation of Real Property Disposal Authority;
    (g) Security Delegation of Authority; and
    (h) Utility Services Delegation of Authority.



Sec.  102-72.30  What are the different types of delegations related to
real estate leasing?

    Delegations related to real estate leasing include the following:
    (a) Categorical space delegations and agency special purpose space 
delegations (see Sec.  102-73.140 of this title).
    (b) The Administrator of General Services has issued a standing 
delegation of authority (under a program known as ``Can't Beat GSA 
Leasing'') to the heads of all Federal agencies to accomplish all 
functions relating to leasing of up to 19,999 rentable square feet of 
general purpose space for terms of up to 20 years and below prospectus 
level requirements, regardless of geographic location. This delegation 
includes some conditions Federal agencies must meet when conducting the 
procurement themselves, such as training in lease contracting and 
reporting data to GSA.
    (c) An ACO delegation, in addition to lease management authority, 
provides Federal agencies with limited contracting officer authority to 
perform such duties as paying and withholding lessor rent and modifying 
lease provisions that do not change the lease term length or the amount 
of space under lease.

[70 FR 67789, Nov. 8, 2005, as amended at 73 FR 2167, Jan. 14, 2008]



Sec.  102-72.35  What are the requirements for obtaining an Administrative
Contracting Officer (ACO) delegation from GSA?

    When Federal agencies do not exercise the delegation of authority 
for general purpose space mentioned in Sec.  102-72.30(b) of this part, 
GSA may consider granting an ACO delegation when Federal agencies--

[[Page 211]]

    (a) Occupy at least 90 percent of the building's GSA-controlled 
space, or Federal agencies have the written concurrence of 100 percent 
of rent-paying occupants covered under the lease; and
    (b) Have the technical capability to perform the leasing function.



Sec.  102-72.40  What are facility management delegations?

    Facility management delegations give Executive agencies authority to 
operate and manage buildings day to day, to perform individual repair 
and alteration projects, and manage real property leases.



Sec.  102-72.45  What are the different types of delegations related to
facility management?

    The principal types of delegations involved in the management of 
facilities are--
    (a) Real property management and operation authority;
    (b) Individual repair and alteration project authority; and
    (c) Lease management authority (contracting officer representative 
authority).



Sec.  102-72.50  What are Executive agencies' responsibilities under a
delegation of real property management and operation authority from GSA?

    With this delegation, Executive agencies have the authority to 
operate and manage buildings day to day. Delegated functions may include 
building operations, maintenance, recurring repairs, minor alterations, 
historic preservation, concessions, and energy management of specified 
buildings subject to the conditions in the delegation document.



Sec.  102-72.55  What are the requirements for obtaining a delegation of
real property management and operation authority from GSA?

    An Executive agency may be delegated real property management and 
operation authority when it--
    (a) Occupies at least 90 percent of the space in the Government-
controlled facility, or has the concurrence of 100 percent of the rent-
paying occupants to perform these functions; and
    (b) Demonstrates that it can perform the delegated real property 
management and operation responsibilities.



Sec.  102-72.60  What are Executive agencies' responsibilities under a
delegation of individual repair and alteration project authority from GSA?

    With this delegation of authority, Executive agencies have the 
responsibility to perform individual repair and alterations projects. 
Executive agencies are delegated repair and alterations authority for 
reimbursable space alteration projects up to the simplified acquisition 
threshold, as specified in the GSA Customer Guide to Real Property.



Sec.  102-72.65  What are the requirements for obtaining a delegation of 
individual repair and alteration project authority from GSA?


    Executive agencies may be delegated repair and alterations authority 
for other individual alteration projects when they demonstrate the 
ability to perform the delegated repair and alterations responsibilities 
and when such a delegation promotes efficiency and economy.



Sec.  102-72.66  Do Executive agencies have a delegation of authority to
under the jurisdiction, custody or control of GSA?

    Yes. Executive agencies, as defined in Sec.  102-71.20, are hereby 
delegated the authority to perform ancillary repair and alteration work 
in federally owned buildings under the jurisdiction, custody or control 
of GSA in accordance with the terms, conditions and limitations set 
forth in Sec. Sec.  102-72.67 through 102-72.69.

[74 FR 12273, Mar. 24, 2009]



Sec.  102-72.67  What work is covered under an ancillary repair and 
alteration delegation?

    (a) For purposes of this delegation, ancillary repair and alteration 
projects are those--
    (1) Where an Executive agency has placed an order from a vendor 
under a GSA Multiple Award Schedule and ancillary repair and alteration 
services

[[Page 212]]

also are available from that same vendor as a Special Item Number (SIN);
    (2) Where the ancillary repair and alteration work to be performed 
is associated solely with the repair, alteration, delivery, or 
installation of products or services also purchased under the same GSA 
Multiple Award Schedule;
    (3) That are routine and non-complex in nature, such as routine 
painting or carpeting, simple hanging of drywall, basic electrical or 
plumbing work, landscaping, and similar non-complex services; and
    (4) That are necessary to be performed to use, execute or implement 
successfully the products or services purchased from the GSA Multiple 
Award Schedule.
    (b) Ancillary repair and alteration projects do not include--
    (1) Major or new construction of buildings, roads, parking lots, and 
other facilities;
    (2) Complex repair and alteration of entire facilities or 
significant portions of facilities; or
    (3) Architectural and engineering services procured pursuant to 40 
U.S.C. 1101-1104.

[74 FR 12273, Mar. 24, 2009]



Sec.  102-72.68  What preconditions must be satisfied before an Executive
agency may exercise the delegated authority to perform an individual
ancillary repair and alteration project?

    The preconditions that must be satisfied before an Executive agency 
may perform ancillary repair and alteration work are as follows:
    (a) The ordering agency must order both the products or services and 
the ancillary repair and alteration services under the same GSA Multiple 
Award Schedule from the same vendor;
    (b) The value of the ancillary repair and alteration work must be 
less than or equal to $100,000 (for work estimated to exceed $100,000, 
the Executive agency must contact the GSA Assistant Regional 
Administrator, Public Buildings Service, in the region where the work is 
to be performed to request a specific delegation);
    (c) All terms and conditions applicable to the acquisition of 
ancillary repair and alteration work as required by the GSA Multiple 
Award Schedule ordering procedures must be satisfied;
    (d) The ancillary repair and alteration work must not be in a 
facility leased by GSA or in any other leased facility acquired under a 
lease delegation from GSA; and
    (e) As soon as reasonably practicable, the Executive agency must 
provide the building manager with a detailed scope of work, including 
cost estimates, and schedule for the project, and such other information 
as may be reasonably requested by the building manager, so the building 
manager can determine whether or not the proposed work is reasonably 
expected to have an adverse effect on the operation and management of 
the building, the building's structural, mechanical, electrical, 
plumbing, or heating and air conditioning systems, the building's 
aesthetic or historic features, or the space or property of any other 
tenant in the building. The Executive agency must obtain written 
approval from the building manager prior to placing an order for any 
ancillary repair and alteration work.

[74 FR 12273, Mar. 24, 2009]



Sec.  102-72.69  What additional terms and conditions apply to an
Executive agencies' delegation of ancillary repair and alteration authority?

    (a) Before commencing any ancillary repair and alteration work, the 
Executive agency shall deliver, or cause its contractor to deliver, to 
the building manager evidence that the contractor has obtained at least 
$5,000,000 comprehensive general public liability and property damage 
insurance policies to cover claims arising from or relating to the 
contractor's operations that cause damage to persons or property; such 
insurance shall name the United States as an additional insured.
    (b) The Executive agency shall agree that GSA has no responsibility 
or liability, either directly or indirectly, for any contractual claims 
or disputes that arise out of or relate to the performance of ancillary 
repair and alteration work, except to the extent such claim or dispute 
arises out of or relates to the wrongful acts or negligence of GSA's 
agents or employees.

[[Page 213]]

    (c) The Executive agency shall agree to administer and defend any 
claims and actions, and shall be responsible for the payment of any 
judgments rendered or settlements agreed to, in connection with contract 
claims or other causes of action arising out of or relating to the 
performance of the ancillary repair and alteration work.
    (d) For buildings under GSA's custody and control, GSA shall have 
the right, but not the obligation, to review the work from time to time 
to ascertain that it is being performed in accordance with the approved 
project requirements, schedules, plans, drawings, specifications, and 
other related construction documents. The Executive agency shall 
promptly correct, or cause to be corrected, any non-conforming work or 
property damage identified by GSA, including damage to the space or 
property of any other tenant in the building, at no cost or expense to 
GSA.
    (e) The Executive agency shall remain liable and financially 
responsible to GSA for any and all personal or property damage caused, 
in whole or in part, by the acts or omissions of the Executive agency, 
its employees, agents, and contractors.
    (f) If the cost or expense to GSA to operate the facility is 
increased as a result of the ancillary repair and alteration project, 
the Executive agency shall be responsible for any such costs or 
expenses.
    (g) Disputes between the Executive agency and GSA arising out of the 
ancillary repair and alteration work will, to the maximum extent 
practicable, be resolved informally at the working level. In the event a 
dispute cannot be resolved informally, the matter shall be referred to 
GSA's Public Buildings Service. The Executive agency agrees that, in the 
event GSA's Public Buildings Service and the Executive agency fail to 
resolve the dispute, they shall refer it for resolution to the 
Administrator of General Services, whose decision shall be binding.

[74 FR 12273, Mar. 24, 2009]



Sec.  102-72.70  What are Executive agencies' responsibilities under a
delegation of lease management authority (contracting officer representative
authority) from GSA?

    When an Executive agency does not exercise the delegation of 
authority mentioned in Sec.  102-72.30(b) to lease general purpose space 
itself, it may be delegated, upon request, lease management authority to 
manage the administration of one or more lease contracts awarded by GSA.



Sec.  102-72.75  What are the requirements for obtaining a delegation of
lease management authority (contracting officer representative authority)
from GSA?

    An Executive agency may be delegated lease management authority when 
it--
    (a) Occupies at least 90 percent of the building's GSA-controlled 
space or has the written concurrence of 100 percent of rent-paying 
occupants covered under the lease to perform this function; and
    (b) Demonstrates the ability to perform the delegated lease 
management responsibilities.



Sec.  102-72.80  What are Executive agencies' responsibilities under
a disposal of real property delegation of authority from GSA?

    With this delegation, Executive agencies have the authority to 
utilize and dispose of excess or surplus real and related personal 
property and to grant approvals and make determinations, subject to the 
conditions in the delegation document.



Sec.  102-72.85  What are the requirements for obtaining a disposal
of real property delegation of authority from GSA?

    While disposal delegations to Executive agencies are infrequent, GSA 
may delegate authority to them based on situations involving certain 
low-value properties and when they can demonstrate that they have the 
technical expertise to perform the disposition functions. GSA may grant 
special delegations of authority to Executive agencies for the 
utilization and disposal of certain real property through the procedures 
set forth in part 102-75, subpart F of this chapter.

[[Page 214]]



Sec.  102-72.90  What are Executive agencies' responsibilities under a 
security delegation of authority from GSA?

    Law enforcement and related security functions were transferred to 
the Department of Homeland Security upon its establishment in 2002. The 
Homeland Security Act authorizes the Secretary of Homeland Security, in 
consultation with the Administrator of General Services, to issue 
regulations necessary for the protection and administration of property 
owned or occupied by the Federal Government and persons on the property. 
Notwithstanding the foregoing, GSA retained all powers, functions and 
authorities necessary for the operation, maintenance, and protection of 
buildings and grounds owned and occupied by the Federal Government and 
under the jurisdiction, custody, or control of GSA.



Sec.  102-72.95  What are the requirements for obtaining a security 
delegation of authority from GSA?

    An Executive agency may request a security delegation from GSA by 
submitting a written request with the detailed basis for the requested 
delegation to the Assistant Regional Administrator, PBS, in the region 
where the building is located. A request for multiple buildings in 
multiple regions should be directed to the Commissioner of PBS. The 
delegation may be granted where the requesting agency demonstrates a 
compelling need for the delegated authority and the delegation is not 
inconsistent with the authorities of any other law enforcement agency.



Sec.  102-72.100  What are Executive agencies' responsibilities under
a utility service delegation of authority from GSA?

    With this delegation, Executive agencies have the authority to 
negotiate and execute utility services contracts for periods over one 
year but not exceeding ten years for their use and benefit. Agencies 
also have the authority to intervene in utility rate proceedings to 
represent the consumer interests of the Federal Government, if so 
provided in the delegation of authority.



Sec.  102-72.105  What are the requirements for obtaining a utility
services delegation of authority from GSA?

    Executive agencies may be delegated utility services authority when 
they have the technical expertise and adequate staffing.



PART 102	73_REAL ESTATE ACQUISITION--Table of Contents



                      Subpart A_General Provisions

Sec.
102-73.5 What is the scope of this part?
102-73.10 What is the basic real estate acquisition policy?
102-73.15 What real estate acquisition and related services may Federal 
          agencies provide?

              United States Postal Service-Controlled Space

102-73.20 Are Federal agencies required to give priority consideration 
          to space in buildings under the custody and control of the 
          United States Postal Service in fulfilling Federal agency 
          space needs?

                       Locating Federal Facilities

102-73.25 What policies must Executive agencies comply with in locating 
          Federal facilities?

                          Historic Preservation

102-73.30 What historic preservation provisions must Federal agencies 
          comply with prior to acquiring, constructing, or leasing 
          space?

                         Prospectus Requirements

102-73.35 Is a prospectus required for all acquisition, construction, or 
          alteration projects?
102-73.40 What happens if the dollar value of the project exceeds the 
          prospectus threshold?

                     Subpart B_Acquisition by Lease

102-73.45 When may Federal agencies consider leases of privately owned 
          land and buildings to satisfy their space needs?
102-73.50 Are Federal agencies that possess independent statutory 
          authority to acquire leased space subject to requirements of 
          this part?
102-73.55 On what basis must Federal agencies acquire leases?
102-73.60 With whom may Federal agencies enter into lease agreements?
102-73.65 Are there any limitations on leasing certain types of space?

[[Page 215]]

102-73.70 Are Executive agencies required to acquire leased space by 
          negotiation?
102-73.75 What functions must Federal agencies perform with regard to 
          leasing building space?
102-73.80 Who is authorized to contact lessors, offerors, or potential 
          offerors concerning space leased or to be leased?
102-73.85 Can agencies with independent statutory authority to lease 
          space have GSA perform the leasing functions?
102-73.90 What contingent fee policy must Federal agencies apply to the 
          acquisition of real property by lease?
102-73.95 How are Federal agencies required to assist GSA?

                 Competition in Contracting Act of 1984

102-73.100 Is the Competition in Contracting Act of 1984, as amended 
          (CICA), applicable to lease acquisition?

            National Environmental Policy Act of 1969 (NEPA)

102-73.105 What policies must Federal agencies follow to implement the 
          requirements of NEPA when acquiring real property by lease?

                           Lease Construction

102-73.110 What rules must Executive agencies follow when acquiring 
          leasehold interests in buildings constructed for Federal 
          Government use?

                Price Preference for Historic Properties

102-73.115 Must Federal agencies offer a price preference to space in 
          historic properties when acquiring leased space?
102-73.120 How much of a price preference must Federal agencies give 
          when acquiring leased space using the lowest price technically 
          acceptable source selection process?
102-73.125 How much of a price preference must Federal agencies give 
          when acquiring leased space using the best value tradeoff 
          source selection process?

                      Leases With Purchase Options

102-73.130 When may Federal agencies consider acquiring leases with 
          purchase options?

                              Scoring Rules

102-73.135 What scoring rules must Federal agencies follow when 
          considering leases and leases with purchase options?

                    Delegations of Leasing Authority

102-73.140 When may agencies that do not possess independent leasing 
          authority lease space?

                      Categorical Space Delegations

102-73.145 What is a categorical space delegation?
102-73.150 What is the policy for categorical space delegations?
102-73.155 What types of space can Federal agencies acquire with a 
          categorical space delegation?

                    Special Purpose Space Delegations

102-73.160 What is an agency special purpose space delegation?
102-73.165 What is the policy for agency special purpose space 
          delegations?
102-73.170 What types of special purpose space may the Department of 
          Agriculture lease?
102-73.175 What types of special purpose space may the Department of 
          Commerce lease?
102-73.180 What types of special purpose space may the Department of 
          Defense lease?
102-73.185 What types of special purpose space may the Department of 
          Energy lease?
102-73.190 What types of special purpose space may the Federal 
          Communications Commission lease?
102-73.195 What types of special purpose space may the Department of 
          Health and Human Services lease?
102-73.196 What types of special purpose space may the Department of 
          Homeland Security lease?
102-73.200 What types of special purpose space may the Department of the 
          Interior lease?
102-73.205 What types of special purpose space may the Department of 
          Justice lease?
102-73.210 What types of special purpose space may the Office of Thrift 
          Supervision lease?
102-73.215 What types of special purpose space may the Department of 
          Transportation lease?
102-73.220 What types of special purpose space may the Department of the 
          Treasury lease?
102-73.225 What types of special purpose space may the Department of 
          Veterans Affairs lease?

              Limitations on the Use of Delegated Authority

102-73.230 When must Federal agencies submit a prospectus to lease real 
          property?
102-73.235 What is the maximum lease term that a Federal agency may 
          agree to when it has been delegated lease acquisition 
          authority from GSA?
102-73.240 What policy must Federal agencies follow to acquire official 
          parking spaces?

[[Page 216]]

            Subpart C_Acquisition by Purchase or Condemnation

                                Buildings

102-73.245 When may Federal agencies consider purchase of buildings?
102-73.250 Are agencies required to adhere to the policies for locating 
          Federal facilities when purchasing buildings?
102-73.255 What factors must Executive agencies consider when purchasing 
          sites?

                                  Land

102-73.260 What land acquisition policy must Federal agencies follow?
102-73.265 What actions must Federal agencies take to facilitate land 
          acquisition?

                            Just Compensation

102-73.270 Are Federal agencies required to provide the owner with a 
          written statement of the amount established as just 
          compensation?
102-73.275 What specific information must be included in the summary 
          statement for the owner that explains the basis for just 
          compensation?
102-73.280 Where can Federal agencies find guidance on how to appraise 
          the value of properties being acquired by the Federal 
          Government?
102-73.285 [Reserved]
102-73.290 Are there any prohibitions when a Federal agency pays ``just 
          compensation'' to a tenant?

                Expenses Incidental to Property Transfer

102-73.295 What property transfer expenses must Federal agencies cover 
          when acquiring real property?

                           Litigation Expenses

102-73.300 Are Federal agencies required to pay for litigation expenses 
          incurred by a property owner because of a condemnation 
          proceeding?

                      Relocation Assistance Policy

102-73.305 What relocation assistance policy must Federal agencies 
          follow?

     Subpart D_Secure Federal Leases From Espionage and Suspicious 
                            Entanglements Act

102-73.310 What are the governing authorities for this subpart?
102-73.315 What definitions apply to this subpart?
102-73.320 Who must comply with these provisions?

                         Information Collection

102-73.325 What information must a covered entity provide to a Federal 
          lessee?
102-73.330 What information must a Federal lessee provide to GSA?
102-73.335 When must Federal lessees provide information to GSA?
102-73.340 How must Federal lessees provide information to GSA?

    Authority: 40 U.S.C. 121(c); sec. 3(c), Reorganization Plan No. 18 
of 1950 (40 U.S.C. 301 note); sec. 1-201(b), E.O. 12072, as amended by 
E.O. 13946, 85 FR 52879, Aug 27, 2020; Pub. L. 116-276, 134 Stat. 3362.

    Source: 70 FR 67791, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-73.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service, operating under, or 
subject to, the authorities of the Administrator of General Services; 
except for subpart D of this part, which applies to Federal agencies 
exercising independent leasing authority in addition to those agencies 
operating under or subject to the authorities of the Administrator of 
General Services.

[88 FR 14065, Mar. 7, 2023]



Sec.  102-73.10  What is the basic real estate acquisition policy?

    When seeking to acquire space, Federal agencies should first seek 
space in Government-owned and Government-leased buildings. If suitable 
Government-controlled space is unavailable, Federal agencies must 
acquire real estate and related services in an efficient and cost 
effective manner.



Sec.  102-73.15  What real estate acquisition and related services may
Federal agencies provide?

    Federal agencies, upon approval from GSA, may provide real estate 
acquisition and related services, including leasing (with or without 
purchase options), building and/or site purchase, condemnation, and 
relocation assistance. For information on the design and construction of 
Federal facilities, see part 102-76 of this chapter.

[[Page 217]]

              United States Postal Service-Controlled Space



Sec.  102-73.20  Are Federal agencies required to give priority consideration
to space in buildings under the custody and control of the United States Postal 
Service in fulfilling Federal agency space needs?

    Yes, after considering the availability of GSA-controlled space and 
determining that no such space is available to meet its needs, Federal 
agencies must extend priority consideration to available space in 
buildings under the custody and control of the United States Postal 
Service (USPS) in fulfilling Federal agency space needs, as specified in 
the ``Agreement Between General Services Administration and the United 
States Postal Service Covering Real and Personal Property Relationships 
and Associated Services,'' dated July 1985.

                       Locating Federal Facilities



Sec.  102-73.25  What policies must Executive agencies comply with in 
locating Federal facilities?

    Executive agencies must comply with the location policies in this 
part and part 102-83 of this chapter.

                          Historic Preservation



Sec.  102-73.30  What historic preservation provisions must Federal 
agencies comply with prior to acquiring, constructing, or leasing space?

    Prior to acquiring, constructing, or leasing space, Federal agencies 
must comply with the provisions of section 110(a) of the National 
Historic Preservation Act of 1966, as amended (16 U.S.C. 470h-2(a)), 
regarding the use of historic properties. Federal agencies can find 
guidance on protecting, enhancing, and preserving historic and cultural 
property in part 102-78 of this chapter.

                         Prospectus Requirements



Sec.  102-73.35  Is a prospectus required for all acquisition, construction,
or alteration projects?

    No, a prospectus is not required if the dollar value of a project 
does not exceed the prospectus threshold. 40 U.S.C. 3307 establishes a 
prospectus threshold, applicable to Federal agencies operating under, or 
subject to, the authorities of the Administrator of General Services, 
for the construction, alteration, purchase, and acquisition of any 
building to be used as a public building, and establishes a prospectus 
threshold to lease any space for use for public purposes. The current 
prospectus threshold value for each fiscal year can be accessed by 
entering GSA's Web site at http://www.gsa.gov and then inserting 
``prospectus thresholds'' in the search mechanism in the upper right-
hand corner of the page.



Sec.  102-73.40  What happens if the dollar value of the project exceeds
the prospectus threshold?

    Projects require approval by the Senate and the House of 
Representatives if the dollar value of a project exceeds the prospectus 
threshold. To obtain this approval, the Administrator of General 
Services will transmit the proposed prospectuses to Congress for 
consideration by the Senate and the House of Representatives. 
Furthermore, as indicated in Sec.  102-72.30(b), the general purpose 
lease delegation authority is restricted to below the prospectus 
threshold, and therefore, GSA must conduct all lease acquisitions over 
the threshold.



                     Subpart B_Acquisition by Lease



Sec.  102-73.45  When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?

    Federal agencies may consider leases of privately owned land and 
buildings only when needs cannot be met satisfactorily in Government-
controlled space and one or more of the following conditions exist:
    (a) Leasing is more advantageous to the Government than constructing 
a new building, or more advantageous than altering an existing Federal 
building.
    (b) New construction or alteration is unwarranted because demand for 
space in the community is insufficient, or is indefinite in scope or 
duration.
    (c) Federal agencies cannot provide for the completion of a new 
building within a reasonable time.

[[Page 218]]



Sec.  102-73.50  Are Federal agencies that possess independent statutory
authority to acquire leased space subject to requirements of this part?

    No, Federal agencies possessing independent statutory authority to 
acquire leased space are not subject to GSA authority and, therefore, 
may not be subject to the requirements of this part. However, lease 
prospectus approval requirements of 40 U.S.C. Section 3307 may still 
apply appropriations to lease of space for public purposes under an 
agency's independent leasing authority.



Sec.  102-73.55  On what basis must Federal agencies acquire leases?

    Federal agencies must acquire leases on the most favorable basis to 
the Federal Government, with due consideration to maintenance and 
operational efficiency, and at charges consistent with prevailing market 
rates for comparable facilities in the community.



Sec.  102-73.60  With whom may Federal agencies enter into lease 
agreements?

    Federal agencies, upon approval from GSA, may enter into lease 
agreements with any person, partnership, corporation, or other public or 
private entity, provided that such lease agreements do not bind the 
Government for periods in excess of twenty years (40 U.S.C. 585(a)). 
Federal agencies may not enter into lease agreements with persons who 
are barred from contracting with the Federal Government (e.g., Members 
of Congress or debarred or suspended contractors).



Sec.  102-73.65  Are there any limitations on leasing certain types 
of space?

    Yes, the limitations on leasing certain types of space are as 
follows:
    (a) In general, Federal agencies may not lease any space to 
accommodate computer and telecommunications operations; secure or 
sensitive activities related to the national defense or security; or a 
permanent courtroom, judicial chamber, or administrative office for any 
United States court, if the average annual net rental cost of leasing 
such space would exceed the prospectus threshold (40 U.S.C. 3307(f)(1)).
    (b) However, Federal agencies may lease such space if the 
Administrator of General Services first determines that leasing such 
space is necessary to meet requirements that cannot be met in public 
buildings, and then submits such determination to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives in 
accordance with 40 U.S.C. 3307(f)(2).



Sec.  102-73.70  Are Executive agencies required to acquire leased space
by negotiation?

    Yes, Executive agencies must acquire leased space by negotiation, 
except where the sealed bid procedure is required by the Competition in 
Contracting Act, as amended (CICA) (41 U.S.C. 253(a)).



Sec.  102-73.75  What functions must Federal agencies perform with regard 
to leasing building space?

    Federal agencies, upon approval from GSA, must perform all functions 
of leasing building space, and land incidental thereto, for their use 
except as provided in this subpart.



Sec.  102-73.80  Who is authorized to contact lessor, offerors, or 
potential offerors concerning space leased or to be leased?

    No one, except the Contracting Officer or his or her designee, may 
contact lessors, offerors, or potential offerors concerning space leased 
or to be leased for the purpose of making oral or written representation 
or commitments or agreements with respect to the terms of occupancy of 
particular space, tenant improvements, alterations and repairs, or 
payment for overtime services.



Sec.  102-73.85  Can agencies with independent statutory authority to 
lease space have GSA perform the leasing functions?

    Yes, upon request, GSA may perform, on a reimbursable basis, all 
functions of leasing building space, and land incidental thereto, for 
Federal agencies possessing independent statutory authority to lease 
space. However, GSA reserves the right to accept or reject

[[Page 219]]

reimbursable leasing service requests on a case-by-case basis.



Sec.  102-73.90  What contingent fee policy must Federal agencies apply
to the acquisition of real property by lease?

    Federal agencies must apply the contingent fee policies in 48 CFR 
3.4 to all negotiated and sealed bid contracts for the acquisition of 
real property by lease. Federal agencies must appropriately adapt the 
representations and covenants required by that subpart for use in leases 
of real property for Government use.



Sec.  102-73.95  How are Federal agencies required to assist GSA?

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

                 Competition in Contracting Act of 1984



Sec.  102-73.100  Is the Competition in Contracting Act of 1984, 
as amended (CICA), applicable to lease acquisition?

    Yes, Executive agencies must obtain full and open competition among 
suitable locations meeting minimum Government requirements, except as 
otherwise provided by CICA, 41 U.S.C. 253.

            National Environmental Policy Act of 1969 (NEPA)



Sec.  102-73.105  What policies must Federal agencies follow to implement
the requirements of NEPA when acquiring real property by lease?

    Federal agencies must follow the NEPA policies identified in 
Sec. Sec.  102-76.40 and 102-76.45 of this chapter.

                           Lease Construction



Sec.  102-73.110  What rules must Executive agencies follow when acquiring
leasehold interests in buildings constructed for Federal Government use?

    When acquiring leasehold interests in buildings to be constructed 
for Federal Government use, Executive agencies must--
    (a) Establish detailed building specifications before agreeing to a 
contract that will result in the construction of a building;
    (b) Use competitive procedures;
    (c) Inspect every building during construction to ensure that the 
building complies with the Government's specifications;
    (d) Evaluate every building after completion of construction to 
determine that the building complies with the Government's 
specifications; and
    (e) Ensure that any contract that will result in the construction of 
a building contains provisions permitting the Government to reduce the 
rent during any period when the building does not comply with the 
Government's specifications.

                Price Preference for Historic Properties



Sec.  102-73.115  Must Federal agencies offer a price preference to space
in historic properties when acquiring leased space?

    Yes, Federal agencies must give a price preference to space in 
historic properties when acquiring leased space using either the lowest 
price technically acceptable or the best value tradeoff source selection 
processes.



Sec.  102-73.120  How much of a price preference must Federal agencies
give when acquiring leased space using the lowest price technically
acceptable source selection process?

    Federal agencies must give a price evaluation preference to space in 
historic properties as follows:
    (a) First to suitable historic properties within historic districts, 
a 10 percent price preference.
    (b) If no suitable historic property within an historic district is 
offered, or

[[Page 220]]

the 10 percent preference does not result in such property being the 
lowest price technically acceptable offer, the Government will give a 
2.5 percent price preference to suitable non-historic developed or 
undeveloped sites within historic districts.
    (c) If no suitable non-historic developed or undeveloped site within 
an historic district is offered, or the 2.5 percent preference does not 
result in such property being the lowest price technically acceptable 
offer, the Government will give a 10 percent price preference to 
suitable historic properties outside of historic districts.
    (d) Finally, if no suitable historic property outside of historic 
districts is offered, no historic price preference will be given to any 
property offered.



Sec.  102-73.125  How much of a price preference must Federal agencies
give when acquiring leased space using the best value tradeoff source 
selection process?

    When award will be based on the best value tradeoff source selection 
process, which permits tradeoffs among price and non-price factors, the 
Government will give a price evaluation preference to historic 
properties as follows:
    (a) First to suitable historic properties within historic districts, 
a 10 percent price preference.
    (b) If no suitable historic property within an historic district is 
offered or remains in the competition, the Government will give a 2.5 
percent price preference to suitable non-historic developed or 
undeveloped sites within historic districts.
    (c) If no suitable non-historic developed or undeveloped site within 
an historic district is offered or remains in the competition, the 
Government will give a 10 percent price preference to suitable historic 
properties outside of historic districts.
    (d) Finally, if no suitable historic property outside of historic 
districts is offered, no historic price preference will be given to any 
property offered.

                      Leases With Purchase Options



Sec.  102-73.130  When may Federal agencies consider acquiring leases
with purchase options?

    Agencies may consider leasing with a purchase option at or below 
fair market value, consistent with the lease-purchase scoring rules, 
when one or more of the following conditions exist:
    (a) The purchase option offers economic and other advantages to the 
Government and is consistent with the Government's goals.
    (b) The Government is the sole or major tenant of the building, and 
has a long-term need for the property.
    (c) Leasing with a purchase option is otherwise in the best interest 
of the Government.

                              Scoring Rules



Sec.  102-73.135  What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?

    All Federal agencies must follow the budget scorekeeping rules for 
leases, capital leases, and lease-purchases identified in appendices A 
and B of OMB Circular A-11. (For availability, see 5 CFR 1310.3.)

                    Delegations of Leasing Authority



Sec.  102-73.140  When may agencies that do not possess independent 
leasing authority lease space?

    Federal agencies may perform for themselves all functions necessary 
to acquire leased space in buildings and land incidental thereto when--
    (a) The authority may be delegated (see Sec.  102-72.30) on the 
different types of delegations related to real estate leasing);
    (b) The space may be leased for no rental, or for a nominal 
consideration of $1 per annum, and is limited to terms not to exceed 1 
year;
    (c) Authority has been requested by an Executive agency and a 
specific delegation has been granted by the Administrator of General 
Services;
    (d) A categorical delegation has been granted by the Administrator 
of General Services for space to accommodate particular types of agency 
activities, such as military recruiting offices or

[[Page 221]]

space for certain county level agricultural activities (see Sec.  102-
73.155 for a listing of categorical delegations); or
    (e) The required space is found by the Administrator of General 
Services to be wholly or predominantly utilized for the special purposes 
of the agency to occupy such space and is not generally suitable for use 
by other agencies. Federal agencies must obtain prior approval from the 
GSA regional office having jurisdiction for the proposed leasing action, 
before initiating a leasing action involving 2,500 or more square feet 
of such special purpose space. GSA's approval must be based upon a 
finding that there is no vacant Government-owned or leased space 
available that will meet the agency's requirements. Agency special 
purpose space delegations can be found in Sec. Sec.  102-73.170 through 
102-73.225.

                      Categorical Space Delegations



Sec.  102-73.145  What is a categorical space delegation?

    A categorical space delegation is a standing delegation of authority 
from the Administrator of General Services to a Federal agency to 
acquire a type of space identified in Sec.  102-73.155, subject to 
limitations in this part.



Sec.  102-73.150  What is the policy for categorical space delegations?

    Subject to the limitations cited in Sec. Sec.  102-73.230 through 
102-73.240, all Federal agencies are authorized to acquire the types of 
space listed in Sec.  102-73.155 and, except where otherwise noted, may 
lease space for terms, including all options, of up to 20 years.



Sec.  102-73.155  What types of space can Federal agencies acquire with
a categorical space delegation?

    Federal agencies can use categorical space delegations to acquire--
    (a) Space to house antennas, repeaters, or transmission equipment;
    (b) Depots, including, but not limited to, stockpiling depots and 
torpedo net depots;
    (c) Docks, piers, and mooring facilities (including closed storage 
space required in combination with such facilities);
    (d) Fumigation areas;
    (e) Garage space (may be leased only on a fiscal year basis);
    (f) Greenhouses;
    (g) Hangars and other airport operating facilities including, but 
not limited to, flight preparation space, aircraft storage areas, and 
repair shops;
    (h) Hospitals, including medical clinics;
    (i) Housing (temporary), including hotels (does not include quarters 
obtained pursuant to temporary duty travel or employee relocation);
    (j) Laundries;
    (k) Quarantine facilities for plants, birds, and other animals;
    (l) Ranger stations, i.e., facilities that typically include small 
offices staffed by one or more uniformed employees, and may include 
sleeping/family quarters, parking areas, garages, and storage space. 
Office space within ranger stations is minimal and does not comprise a 
majority of the space. (May also be referred to as guard stations, 
information centers, or kiosks);
    (m) Recruiting space for the armed forces (lease terms, including 
all options, limited to 5 years);
    (n) Schools directly related to the special purpose function(s) of 
an agency;
    (o) Specialized storage/depot facilities, such as cold storage; 
self-storage units; and lumber, oil, gasoline, shipbuilding materials, 
and pesticide materials/equipment storage (general purpose warehouse 
type storage facilities not included); and
    (p) Space for short-term use (such as conferences and meetings, 
judicial proceedings, and emergency situations).

                    Special Purpose Space Delegations



Sec.  102-73.160  What is an agency special purpose space delegation?

    An agency special purpose space delegation is a standing delegation 
of authority from the Administrator of General Services to specific 
Federal agencies to lease their own special purpose space (identified in 
Sec. Sec.  102-73.170 through 102-73.225), subject to limitations in 
this part.

[[Page 222]]



Sec.  102-73.165  What is the policy for agency special purpose space
delegations?

    Subject to the limitations on annual rental amounts, lease terms, 
and leases on parking spaces cited in Sec. Sec.  102-73.230 through 102-
73.240, the agencies listed below are authorized to acquire special 
purpose space associated with that agency and, except where otherwise 
noted, may lease such space for terms, including all options, of up to 
20 years. The agencies and types of space subject to special purpose 
space delegations are specified in Sec. Sec.  102-73.170 through 102-
73.225.



Sec.  102-73.170  What types of special purpose space may the Department
of Agriculture lease?

    The Department of Agriculture is delegated the authority to lease 
the following types of special purpose space:
    (a) Cotton classing laboratories (lease terms, including all 
options, limited to 5 years).
    (b) Land (if unimproved, may be leased only on a fiscal year basis).
    (c) Miscellaneous storage by cubic foot or weight basis.
    (d) Office space when required to be located in or adjacent to 
stockyards, produce markets, produce terminals, airports, and other 
ports (lease terms, including all options, limited to 5 years).
    (e) Space for agricultural commodities stored in licensed warehouses 
and utilized under warehouse contracts.
    (f) Space utilized in cooperation with State and local governments 
or their instrumentalities (extension services) where the cooperating 
State or local government occupies a portion of the space and pays a 
portion of the rent.



Sec.  102-73.175  What types of special purpose space may the Department
of Commerce lease?

    The Department of Commerce is delegated authority to lease the 
following types of special purpose space:
    (a) Space required by the Census Bureau in connection with 
conducting the decennial census (lease terms, including all options, 
limited to 5 years).
    (b) Laboratories for testing materials, classified or ordnance 
devices, calibration of instruments, and atmospheric and oceanic 
research (lease terms, including all options, limited to 5 years).
    (c) Maritime training stations.
    (d) Radio stations.
    (e) Land (if unimproved, may be leased only on a fiscal year basis).
    (f) National Weather Service meteorological facilities.



Sec.  102-73.180  What types of special purpose space may the Department
of Defense lease?

    The Department of Defense is delegated authority to lease the 
following types of special purpose space:
    (a) Air Force--Civil Air Patrol Liaison Offices and land incidental 
thereto when required for use incidental to, in conjunction with, and in 
close proximity to airports, including aircraft and warning stations (if 
unimproved, land may be leased only on a fiscal year basis; for space, 
lease terms, including all options, limited to 5 years).
    (b) Armories.
    (c) Film library in the vicinity of Washington, DC.
    (d) Mess halls.
    (e) Ports of embarkation and debarkation.
    (f) Post exchanges.
    (g) Postal Concentration Center, Long Island City, NY.
    (h) Recreation centers.
    (i) Reserve training space.
    (j) Service clubs.
    (k) Testing laboratories (lease terms, including all options, 
limited to 5 years).



Sec.  102-73.185  What types of special purpose space may the 
Department of Energy lease?

    The Department of Energy, as the successor to the Atomic Energy 
Commission, is delegated authority to lease facilities housing the 
special purpose or special location activities of the old Atomic Energy 
Commission.



Sec.  102-73.190  What types of special purpose space may the Federal
Communications Commission lease?

    The Federal Communications Commission is delegated authority to 
lease monitoring station sites.

[[Page 223]]



Sec.  102-73.195  What types of special purpose space may the 
Department of Health and Human Services lease?

    The Department of Health and Human Services is delegated authority 
to lease laboratories (lease terms, including all options, limited to 5 
years).



Sec.  102-73.196  What types of special purpose space may the
Department of Homeland Security lease?

    The Department of Homeland Security is delegated authority to lease 
whatever space its organizational units or components had authority to 
lease prior to the creation of the Department of Homeland Security, 
including--
    (a) Border patrol offices similar in character and utilization to 
police stations, involving the handling of prisoners, firearms, and 
motor vehicles, regardless of location (lease terms, including all 
options limited to 5 years);
    (b) Space for the U.S. Coast Guard oceanic unit, Woods Hole, MA; and
    (c) Space for the U.S. Coast Guard port security activities.



Sec.  102-73.200  What types of special purpose space may the 
Department of the Interior lease?

    The Department of the Interior is delegated authority to lease the 
following types of special purpose space:
    (a) Space in buildings and land incidental thereto used by field 
crews of the Bureau of Reclamation, Bureau of Land Management, and the 
Geological Survey in areas where no other Government agencies are 
quartered (unimproved land may be leased only on a fiscal year basis).
    (b) National Parks/Monuments Visitors Centers consisting primarily 
of special purpose space (e.g., visitor reception, information, and rest 
room facilities) and not general office or administrative space.



Sec.  102-73.205  What types of special purpose space may the 
Department of Justice lease?

    The Department of the Justice is delegated authority to lease the 
following types of special purpose space:
    (a) U.S. marshals office in any Alaska location (lease terms, 
including all options, limited to 5 years).
    (b) Space used for storage and maintenance of surveillance vehicles 
and seized property (lease terms, including all options, limited to 5 
years).
    (c) Space used for review and custody of records and other 
evidentiary materials (lease terms, including all options, limited to 5 
years).
    (d) Space used for trial preparation where space is not available in 
Federal buildings, Federal courthouses, USPS facilities, or GSA-leased 
buildings (lease terms limited to not more than 1 year).



Sec.  102-73.210  What types of special purpose space may the Office 
of Thrift Supervision lease?

    The Office of Thrift Supervision is delegated authority to lease 
space for field offices of Examining Divisions required to be located 
within Office of Thrift Supervision buildings or immediately adjoining 
or adjacent to such buildings (lease terms, including all options, 
limited to 5 years).



Sec.  102-73.215  What types of special purpose space may the 
Department of Transportation lease?

    The Department of Transportation is delegated authority to lease the 
following types of special purpose space (or real property):
    (a) Land for the Federal Aviation Administration (FAA) at airports 
(unimproved land may be leased only on a fiscal year basis).
    (b) General purpose office space not exceeding 10,000 square feet 
for the FAA at airports in buildings under the jurisdiction of public or 
private airport authorities (lease terms, including all options, limited 
to 5 years).



Sec.  102-73.220  What types of special purpose space may the
Department of the Treasury lease?

    The Department of the Treasury is delegated authority to lease the 
following types of special purpose space:
    (a) Space and land incidental thereto for the use of the Comptroller 
of the Currency, as well as the operation, maintenance and custody 
thereof (if unimproved, land may be leased only on a fiscal year basis; 
lease term for space, including all options, limited to 5 years).

[[Page 224]]

    (b) Aerostat radar facilities necessary for U.S. Custom Service 
mission activities.



Sec.  102-73.225  What types of special purpose space may the 
Department of Veterans Affairs lease?

    The Department of Veterans Affairs is delegated authority to lease 
the following types of special purpose space:
    (a) Guidance and training centers located at schools and colleges.
    (b) Space used for veterans hospitals, including outpatient and 
medical-related clinics, such as drug, mental health, and alcohol.

              Limitations on the Use of Delegated Authority



Sec.  102-73.230  When must Federal agencies submit a prospectus to
lease real property?

    In accordance with 40 U.S.C. 3307, Federal agencies must submit a 
prospectus to the Administrator of General Services for leases involving 
a net annual rental, excluding services and utilities, in excess of the 
prospectus threshold provided in 40 U.S.C. 3307. Agencies must be aware 
that prospectus thresholds are indexed and change each year.



Sec.  102-73.235  What is the maximum lease term that a Federal agency 
may agree to when it has been delegated lease acquisition authority 
from GSA?

    Pursuant to GSA's authority to enter into lease agreements contained 
in 40 U.S.C. 585(a)(2), agencies delegated the authorities outlined 
herein may enter into leases for the term specified in the delegation. 
In those cases where agency special purposes space delegations include 
the authority to acquire unimproved land, the land may be leased only on 
a fiscal year basis.



Sec.  102-73.240  What policy must Federal agencies follow to acquire
official parking spaces?

    Federal agencies that need parking must utilize available 
Government-owned or leased facilities. Federal agencies must make 
inquiries regarding availability of such Government-controlled space to 
GSA regional offices and document such inquiries. If no suitable 
Government-controlled facilities are available, an agency may use its 
own procurement authority to acquire parking by service contract.



            Subpart C_Acquisition by Purchase or Condemnation

                                Buildings



Sec.  102-73.245  When may Federal agencies consider purchase of buildings?

    A Federal agency may consider purchase of buildings on a case-by-
case basis if it has landholding authority and when one or more of the 
following conditions exist:
    (a) It is economically more beneficial to own and manage the 
property.
    (b) There is a long-term need for the property.
    (c) The property is an existing building, or a building nearing 
completion, that can be purchased and occupied within a reasonable time.
    (d) When otherwise in the best interests of the Government.



Sec.  102-73.250  Are agencies required to adhere to the policies for
locating Federal facilities when purchasing buildings?

    Yes, when purchasing buildings, agencies must comply with the 
location policies in this part and part 102-83 of this chapter.



Sec.  102-73.255  What factors must Executive agencies consider when 
purchasing sites?

    Agencies must locate proposed Federal buildings on sites that are 
most advantageous to the United States. Executive agencies must consider 
factors such as whether the site will contribute to economy and 
efficiency in the construction, maintenance, and operation of the 
individual building, and how the proposed site relates to the 
Government's total space needs in the community. Prior to acquiring, 
constructing, or leasing buildings (or sites for such buildings), 
Federal agencies must use, to the maximum extent feasible, historic 
properties available to the agency. In site selections, Executive 
agencies must consider Executive Order 12072 (August 16, 1978, 43 FR 
36869) and Executive Order 13006 (40

[[Page 225]]

U.S.C. 3306 note). In addition, Executive agencies must consider all of 
the following:
    (a) Maximum utilization of Government-owned land (including excess 
land) whenever it is adequate, economically adaptable to requirements 
and properly located, where such use is consistent with the provisions 
of part 102-75, subpart B, of this chapter.
    (b) A site adjacent to or in the proximity of an existing Federal 
building that is well located and is to be retained for long-term 
occupancy.
    (c) The environmental condition of proposed sites prior to purchase. 
The sites must be free from contamination, unless it is otherwise 
determined to be in the best interests of the Government to purchase a 
contaminated site (e.g., reuse of a site under an established 
``Brownfields'' program).
    (d) Purchase options to secure the future availability of a site.
    (e) All applicable location policies in this part and part 102-83 of 
this chapter.

                                  Land



Sec.  102-73.260  What land acquisition policy must Federal agencies follow?

    Federal agencies must follow the land acquisition policy in the 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act, as amended, 42 U.S.C. 4651-4655, which--
    (a) Encourages and expedites the acquisition of real property by 
agreements with owners;
    (b) Avoids litigation, including condemnation actions, where 
possible and relieves congestion in the courts;
    (c) Provides for consistent treatment of owners; and
    (d) Promotes public confidence in Federal land acquisition 
practices.



Sec.  102-73.265  What actions must Federal agencies take to facilitate 
land acquisition?

    To facilitate land acquisition, Federal agencies must, among other 
things--
    (a) Appraise the real property before starting negotiations and give 
the owner (or the owner's representative) the opportunity to accompany 
the appraiser during the inspection;
    (b) Establish an amount estimated to be the just compensation before 
starting negotiations and promptly offer to acquire the property for 
this full amount;
    (c) Try to negotiate with owners on the price;
    (d) Pay the agreed purchase price to the property owner, or in the 
case of a condemnation, deposit payment in the registry of the court, 
for the benefit of the owner, before requiring the owner to surrender 
the property; and
    (e) Provide property owners (and occupants) at least 90 days' notice 
of displacement before requiring anyone to move. If a Federal agency 
permits the owner to keep possession for a short time after acquiring 
the owner's property, Federal agencies must not charge rent in excess of 
the property's fair rental value to a short-term occupier.

                            Just Compensation



Sec.  102-73.270  Are Federal agencies required to provide the owner with 
a written statement of the amount established as just compensation?

    Yes, Federal agencies must provide the owner with a written 
statement of this amount and summarize the basis for it. When it is 
appropriate, Federal agencies must separately state the just 
compensation for the property to be acquired and damages to the 
remaining real property.



Sec.  102-73.275  What specific information must be included in the
summary statement for the owner that explains the basis for just
compensation?

    The summary statement must--
    (a) Identify the real property and the estate or interest the 
Federal agency is acquiring;
    (b) Identify the buildings, structures, and other improvements the 
Federal agency considers part of the real property for which just 
compensation is being offered;
    (c) State that the Federal agency based the estimate of just 
compensation on the Government's estimate of the property's fair market 
value. If only part of a property or less than a full interest is being 
acquired, Federal agencies must explain how they determined the just 
compensation for it; and

[[Page 226]]

    (d) State that the Government's estimate of just compensation is at 
least as much as the property's approved appraisal value.



Sec.  102-73.280  Where can Federal agencies find guidance on how to
appraise the value of properties being acquired by the Federal Government?

    The Interagency Land Acquisition Conference has developed, 
promulgated, and adopted the Uniform Appraisal Standards for Federal 
Land Acquisitions, sometimes referred to as the ``Yellow Book.'' The 
Interagency Land Acquisition Conference, established on November 27, 
1968, by invitation of the Attorney General, is a voluntary organization 
composed of the many Federal agencies engaged in the acquisition of real 
estate for public uses. The ``Yellow Book'' is published by the 
Appraisal Institute in cooperation with the U.S. Department of Justice 
and is available in hard copy or on the Department of Justice's internet 
Web site at http://www.usdoj.gov/enrd/land-ack/.



Sec.  102-73.285  [Reserved]



Sec.  102-73.290  Are there any prohibitions when a Federal agency pays
``just compensation'' to a tenant?

    Yes, Federal agencies must not--
    (a) Duplicate any payment to the tenant otherwise authorized by law; 
and
    (b) Pay a tenant unless the landowner disclaims all interests in the 
tenant's improvements. In consideration for any such payment, the tenant 
must assign, transfer, and release to the Federal agency all of its 
right, title, and interest in the improvements. The tenant may reject 
such payment under this subpart and obtain payment for its property 
interests according to other sections of applicable law.

                Expenses Incidental to Property Transfer



Sec.  102-73.295  What property transfer expenses must Federal agencies
cover when acquiring real property?

    Federal agencies must--
    (a) Reimburse property owners for all reasonable expenses actually 
incurred for recording fees, transfer taxes, documentary stamps, 
evidence of title, boundary surveys, legal descriptions of the real 
property, and similar expenses needed to convey the property to the 
Federal Government;
    (b) Reimburse property owners for all reasonable expenses actually 
incurred for penalty costs and other charges to prepay any existing, 
recorded mortgage that a property owner entered into in good faith and 
that encumbers the real property;
    (c) Reimburse property owners for all reasonable expenses actually 
incurred for the prorated part of any prepaid real property taxes that 
cover the period after the Federal Government gets title to the property 
or effective possession of it, whichever is earlier; and
    (d) Whenever possible, directly pay the costs identified in this 
section, so property owners will not have to pay them and then seek 
reimbursement from the Government.

                           Litigation Expenses



Sec.  102-73.300  Are Federal agencies required to pay for litigation
expenses incurred by a property owner because of a condemnation proceeding?

    Federal agencies must pay reasonable expenses for attorneys, 
appraisals, and engineering fees that a property owner incurs because of 
a condemnation proceeding, if any of the following are true:
    (a) The court's final judgment is that the Federal agency cannot 
acquire the real property by condemnation.
    (b) The Federal agency abandons the condemnation proceeding other 
than under an agreed-on settlement.
    (c) The court renders a judgment in the property owner's favor in an 
inverse condemnation proceeding or the Federal agency agrees to settle 
such proceeding.

[[Page 227]]

                      Relocation Assistance Policy



Sec.  102-73.305  What relocation assistance policy must Federal agencies
follow?

    Federal agencies, upon approval from GSA, must provide appropriate 
relocation assistance under the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act, as amended, 42 U.S.C. 4651-4655, to 
eligible owners and tenants of property purchased for use by Federal 
agencies in accordance with the implementing regulations found in 49 CFR 
part 24. Appropriate relocation assistance means that the Federal agency 
must pay the displaced person for actual--
    (a) Reasonable moving expenses (in moving himself, his family, and 
business);
    (b) Direct losses of tangible personal property as a result of 
moving or discontinuing a business;
    (c) Reasonable expenses in searching for a replacement business or 
farm; and
    (d) Reasonable expenses necessary to reestablish a displaced farm, 
nonprofit organization, or small business at its new site, but not to 
exceed $10,000.



     Subpart D_Secure Federal Leases From Espionage and Suspicious 
                            Entanglements Act

    Source: 88 FR 14065, Mar. 7, 2023, unless otherwise noted.



Sec.  102-73.310  What are the governing authorities for this subpart?

    The governing authorities are the Secure Federal Leases from 
Espionage and Suspicious Entanglements Act, Public Law 116-276, 134 
Stat. 3362 (2020) (the ``Secure Federal LEASEs Act''), and 40 U.S.C. 
121(c).



Sec.  102-73.315  What definitions apply to this subpart?

    Beneficial owner means:
    (1) With respect to a covered entity, an individual who, directly or 
indirectly, through any contract, arrangement, understanding, 
relationship, or otherwise--
    (i) Exercises substantial control over the covered entity; or
    (ii) Owns or controls not less than 25 percent of the ownership 
interests of the covered entity.
    (2) This definition is based on the Department of the Treasury 
Financial Crimes Enforcement Network's Beneficial Ownership Information 
Reporting Requirements at 31 CFR part 1010.
    Control means, with respect to a covered entity:
    (1) Having the authority or ability to determine how a covered 
entity is used; or
    (2) Having some decision-making power for the use of a covered 
entity.
    Covered entity, as defined by the Secure Federal LEASEs Act, means:
    (1) A person, corporation, company, business association, 
partnership, society, trust, or any other nongovernmental entity, 
organization, or group; or
    (2) Any governmental entity or instrumentality of a government.
    Federal lessee, as defined by the Secure Federal LEASEs Act, means:
    (1) The Administrator of General Services, the Architect of the 
Capitol, or the head of any Federal agency, other than the Department of 
Defense, that has independent statutory leasing authority; and
    (2) Does not include the head of an element of the intelligence 
community.
    Highest-level owner means the entity that owns or controls an 
immediate owner of the offeror or lessor, or that owns or controls one 
or more entities that control an immediate owner of the offeror or 
lessor. No entity owns or exercises control of the highest-level owner.
    Immediate owner means an entity, other than the offeror or lessor, 
that has direct control of the offeror or lessor. Indicators of control 
include, but are not limited to, one or more of the following: ownership 
or interlocking management, identity of interests among family members, 
shared facilities and equipment, and the common use of employees.



Sec.  102-73.320  Who must comply with these provisions?

    Each Federal lessee and covered entity must cooperate and comply 
with these provisions.

[[Page 228]]

                         Information Collection



Sec.  102-73.325  What information must a covered entity provide to 
a Federal lessee?

    Sections 3 and 4 of the Secure Federal LEASEs Act require that, 
before the Government may enter into a lease agreement or novation with 
an entity for high-security leased space (defined as Facility Security 
Level III, IV, or V), offerors must disclose whether the immediate 
owner, highest-level owner, or beneficial owner of the leased space, 
including an entity involved in the financing thereof, is a foreign 
person or entity, including the country associated with the ownership 
entity.



Sec.  102-73.330  What information must a Federal lessee provide to GSA?

    Federal lessees must provide the following information when sharing 
their Secure Federal LEASEs Act disclosures with GSA:
    (a) Name of the agency conducting the procurement;
    (b) Date of disclosure;
    (c) Solicitation number or Contract number (for novations);
    (d) Type of Action (prior to entering a lease or prior to a novation 
agreement);
    (e) Total number of affirmative disclosures made (note--in some 
instances, there may be more than one owner-of-a-type. If more than one 
affirmative disclosure is made, include all disclosures);
    (f) As part of the total number of disclosures made, was one of the 
disclosures an affirmative immediate owner disclosure? If so, how many?;
    (g) As part of the total number of disclosures made, was one of the 
disclosures an affirmative highest-level owner disclosure? If so, how 
many?; and
    (h) As part of the total number of disclosures made, was one of the 
disclosures an affirmative beneficial owner disclosure? If so, how many?



Sec.  102-73.335  When must Federal lessees provide information to GSA?

    Federal lessees must submit the required information on an annual 
basis.



Sec.  102-73.340  How must Federal lessees provide information to GSA?

    Federal lessees must submit the required information to GSA by email 
at [email protected].



PART 102	74_FACILITY MANAGEMENT--Table of Contents



                      Subpart A_General Provisions

Sec.
102-74.5 What is the scope of this part?
102-74.10 What is the basic facility management policy?

                      Subpart B_Facility Management

102-74.15 What are the facility management responsibilities of occupant 
          agencies?

                           Occupancy Services

102-74.20 What are occupancy services?
102-74.25 What responsibilities do Executive agencies have regarding 
          occupancy services?
102-74.30 What standard in providing occupancy services must Executive 
          agencies follow?
102-74.35 What building services must Executive agencies provide?

                           Concession Services

102-74.40 What are concession services?
102-74.45 When must Federal agencies provide concession services?
102-74.50 Are Federal agencies required to give blind vendors priority 
          in operating vending facilities?
102-74.55 Are vending facilities authorized under the Randolph-Sheppard 
          Act operated by permit or contract?
102-74.60 Are Federal agencies required to give blind vendors priority 
          in operating cafeterias?
102-74.65 Are cafeterias authorized under the Randolph-Sheppard Act 
          operated by permit or contract?
102-74.70 Are commercial vendors and nonprofit organizations required to 
          operate vending facilities by permit or contractual 
          arrangement?
102-74.75 May Federal agencies sell tobacco products in vending machines 
          in Government-owned and leased space?
102-74.80-102-74.95 [Reserved]

                          Conservation Program

102-74.100 What are conservation programs?

                             Asset Services

102-74.105 What are asset services?
102-74.110 What asset services must Executive agencies provide?

[[Page 229]]

102-74.115 What standard in providing asset services must Executive 
          agencies follow?
102-74.120 Is a prospectus required to be submitted before emergency 
          alterations can be performed?
102-74.125 Are prospectuses required for reimbursable alteration 
          projects?
102-74.130 When a prospectus is required, can GSA prepare a prospectus 
          for a reimbursable alteration project?
102-74.135 Who selects construction and alteration projects that are to 
          be performed?
102-74.140 On what basis does the Administrator select construction and 
          alteration projects?
102-74.145 What information must a Federal agency submit to GSA after 
          the agency has identified a need for construction or 
          alteration of a public building?
102-74.150 Who submits prospectuses for the construction or alteration 
          of public buildings to the Congressional committees?

                           Energy Conservation

102-74.155 What energy conservation policy must Federal agencies follow 
          in the management of facilities?
102-74.160 What actions must Federal agencies take to promote energy 
          conservation?
102-74.165 What energy standards must Federal agencies follow for 
          existing facilities?
102-74.170 May exceptions to the energy conservation policies in this 
          subpart be granted?
102-74.175 Are Government-leased buildings required to conform with the 
          policies in this subpart?
102-74.180 What illumination levels must Federal agencies maintain on 
          Federal facilities?
102-74.185 What heating and cooling policy must Federal agencies follow 
          in Federal facilities?
102-74.190 Are portable heaters, fans, and other such devices allowed in 
          Government-controlled facilities?
102-74.195 What ventilation policy must Federal agencies follow?
102-74.200 What information are Federal agencies required to report to 
          the Department of Energy (DOE)?

                               Ridesharing

102-74.205 What Federal facility ridesharing policy must Executive 
          agencies follow?
102-74.210 What steps must Executive agencies take to promote 
          ridesharing at Federal facilities?
102-74.215-102-74.225 [Reserved]

                       Occupant Emergency Program

102-74.230 Who is responsible for establishing an occupant emergency 
          program?
102-74.235 Are occupant agencies required to cooperate with the 
          Designated Official in the implementation of the emergency 
          plans and the staffing of the emergency organization?
102-74.240 What are Federal agencies' occupant emergency 
          responsibilities?
102-74.245 Who makes the decision to activate the Occupant Emergency 
          Organization?
102-74.250 What information must the Designated Official use to make a 
          decision to activate the Occupant Emergency Organization?
102-74.255 How must occupant evacuation or relocation be accomplished 
          when there is immediate danger to persons or property, such as 
          fire, explosion, or the discovery of an explosive device (not 
          including a bomb threat)?
102-74.260 What action must the Designated Official initiate when there 
          is advance notice of an emergency?

                           Parking Facilities

102-74.265 Who must provide for the regulation and policing of parking 
          facilities?
102-74.270 Are vehicles required to display parking permits in parking 
          facilities?
102-74.275 May Federal agencies authorize lessors or parking management 
          contractors to manage, regulate, and police parking 
          facilities?
102-74.280 Are privately owned vehicles converted for propane 
          carburetion permitted in underground parking facilities?
102-74.285 How must Federal agencies assign priority to parking spaces 
          in controlled areas?
102-74.290 May Federal agencies allow employees to use parking spaces 
          not required for official needs?
102-74.295 Who determines the number of employee parking spaces for each 
          facility?
102-74.300 How must space available for employee parking be allocated 
          among occupant agencies?
102-74.305 How must Federal agencies assign available parking spaces to 
          their employees?
102-74.310 What measures must Federal agencies take to improve the 
          utilization of parking facilities?

                                 Smoking

102-74.315 What is the smoking policy for interior space in Federal 
          facilities?
102-74.320 Are there any exceptions to the smoking policy for interior 
          space in Federal facilities?
102-74.325 Are designated smoking areas authorized in interior space?

[[Page 230]]

102-74.330 What smoking restrictions apply to outside areas under 
          Executive branch control?
102-74.335 Who is responsible for furnishing and installing signs 
          concerning smoking restrictions in the building, and in and 
          around building entrance doorways and air intake ducts?
102-74.340 Who is responsible for monitoring and controlling areas 
          designated for smoking by an agency head and for identifying 
          those areas with proper signage?
102-74.345 Does the smoking policy in this part apply to the judicial 
          branch?
102-74.350 Are agencies required to meet their obligations under the 
          Federal Service Labor-Management Relations Act where there is 
          an exclusive representative for the employees prior to 
          implementing this smoking policy?
102-74.351 If a state or local government has a smoke-free ordinance 
          that is more strict than the smoking policy for Federal 
          facilities, does the state or local law or Federal policy 
          control?

                      Accident and Fire Prevention

102-74.355 With what accident and fire prevention standards must Federal 
          facilities comply?
102-74.360 What are the specific accident and fire prevention 
          responsibilities of occupant agencies?

                  Subpart C_Conduct on Federal Property

                              Applicability

102-74.365 To whom does this subpart apply?

                               Inspection

102-74.370 What items are subject to inspection by Federal agencies?

                          Admission to Property

102-74.375 What is the policy on admitting persons to Government 
          property?

                        Preservation of Property

102-74.380 What is the policy concerning the preservation of property?

                  Conformity With Signs and Directions

102-74.385 What is the policy concerning conformity with official signs 
          and directions?

                              Disturbances

102-74.390 What is the policy concerning disturbances?

                                Gambling

102-74.395 What is the policy concerning gambling?

                        Narcotics and Other Drugs

102-74.400 What is the policy concerning the possession and use of 
          narcotics and other drugs?

                           Alcoholic Beverages

102-74.405 What is the policy concerning the use of alcoholic beverages?

                 Soliciting, Vending and Debt Collection

102-74.410 What is the policy concerning soliciting, vending and debt 
          collection?

                   Posting and Distributing Materials

102-74.415 What is the policy for posting and distributing materials?

        Photographs for News, Advertising or Commercial Purposes

102-74.420 What is the policy concerning photographs for news, 
          advertising or commercial purposes?

                         Dogs and Other Animals

102-74.425 What is the policy concerning dogs and other animals on 
          Federal property?

                              Breastfeeding

102-74.426 May a woman breastfeed her child in a Federal building or on 
          Federal property?

                    Vehicular and Pedestrian Traffic

102-74.430 What is the policy concerning vehicular and pedestrian 
          traffic on Federal property?

                               Explosives

102-74.435 What is the policy concerning explosives on Federal property?

                                 Weapons

102-74.440 What is the policy concerning weapons on Federal property?

                            Nondiscrimination

102-74.445 What is the policy concerning discrimination on Federal 
          property?

                                Penalties

102-74.450 What are the penalties for violating any rule or regulation 
          in this subpart?

                   Impact on Other Laws or Regulations

102-74.455 What impact do the rules and regulations in this subpart have 
          on other laws or regulations?

[[Page 231]]

              Subpart D_Occasional Use of Public Buildings

102-74.460 What is the scope of this subpart?

                         Application for Permit

102-74.465 Is a person or organization that wishes to use a public area 
          required to apply for a permit from a Federal agency?
102-74.470 What information must persons or organizations submit so that 
          Federal agencies may consider their application for a permit?
102-74.475 If an applicant proposes to use a public area to solicit 
          funds, is the applicant required to make a certification?

                                 Permits

102-74.480 How many days does a Federal agency have to issue a permit 
          following receipt of a completed application?
102-74.485 Is there any limitation on the length of time of a permit?
102-74.490 What if more than one permit is requested for the same area 
          and time?
102-74.495 If a permit involves demonstrations or activities that may 
          lead to civil disturbances, what action must a Federal agency 
          take before approving such a permit application?

         Disapproval of Applications or Cancellation of Permits

102-74.500 Can Federal agencies disapprove permit applications or cancel 
          issued permits?
102-74.505 What action must Federal agencies take after disapproving an 
          application or canceling an issued permit?

                                 Appeals

102-74.510 How may the disapproval of a permit application or 
          cancellation of an issued permit be appealed?
102-74.515 Will the affected person or organization and the Federal 
          agency buildings manager have an opportunity to state their 
          positions on the issues?
102-74.520 How much time does the Regional Officer have to affirm or 
          reverse the Federal agency buildings manager's decision after 
          receiving the notification of appeal from the affected person 
          or organization?

                             Schedule of Use

102-74.525 May Federal agencies reserve time periods for the use of 
          public areas for official Government business or for 
          maintenance, repair, and construction?

                              Hours of Use

102-74.530 When may public areas be used?

                           Services and Costs

102-74.535 What items may Federal agencies provide to permittees free of 
          charge?
102-74.540 What are the items for which permittees must reimburse 
          Federal agencies?
102-74.545 May permittees make alterations to the public areas?
102-74.550 What items are permittees responsible for furnishing?

                                 Conduct

102-74.555 What rules of conduct must all permittees observe while on 
          Federal property?

                   Non-affiliation With the Government

102-74.560 May Federal agencies advise the public of the presence of any 
          permittees and their non-affiliation with the Federal 
          Government?

        Subpart E_Installing, Repairing, and Replacing Sidewalks

102-74.565 What is the scope of this subpart?
102-74.570 Are State and local governments required to fund the cost of 
          installing, repairing, and replacing sidewalks?
102-74.575 How do Federal agencies arrange for work on sidewalks?
102-74.580 Who decides when to replace a sidewalk?

                           Subpart F_Telework

102-74.585 What Federal facility telework policy must Executive agencies 
          follow?
102-74.590 What steps must agencies take to implement these laws and 
          policies?
102-74.595 How can agencies obtain guidance, assistance, and oversight 
          regarding alternative workplace arrangements from GSA?
102-74.600 Should Federal agencies utilize telework centers?

Appendix to Part 102-74--Rules and Regulations Governing Conduct on 
          Federal Property

    Authority: 40 U.S.C. 121(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980 
Comp., p. 138; E.O. 14025, 86 FR 22829.

    Source: 70 FR 67798, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-74.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA's Public Buildings

[[Page 232]]

Service (PBS), operating under, or subject to, the authorities of the 
Administrator of General Services.



Sec.  102-74.10  What is the basic facility management policy?

    Executive agencies must manage, operate and maintain Government-
owned and leased buildings in a manner that provides for quality space 
and services consistent with their operational needs and accomplishes 
overall Government objectives. The management, operation and maintenance 
of buildings and building systems must--
    (a) Be cost effective and energy efficient;
    (b) Be adequate to meet the agencies' missions;
    (c) Meet nationally recognized standards; and
    (d) Be at an appropriate level to maintain and preserve the physical 
plant assets, consistent with available funding.



                      Subpart B_Facility Management



Sec.  102-74.15  What are the facility management responsibilities of occupant agencies?

    Occupants of facilities under the custody and control of Federal 
agencies must--
    (a) Cooperate to the fullest extent with all pertinent facility 
procedures and regulations;
    (b) Promptly report all crimes and suspicious circumstances 
occurring on Federally controlled property first to the regional Federal 
Protective Service, and as appropriate, the local responding law 
enforcement authority;
    (c) Provide training to employees regarding protection and responses 
to emergency situations; and
    (d) Make recommendations for improving the effectiveness of 
protection in Federal facilities.

                           Occupancy Services



Sec.  102-74.20  What are occupancy services?

    Occupancy services are--
    (a) Building services (see Sec.  102-74.35);
    (b) Concession services (see Sec.  102-74.40); and
    (c) Conservation programs (see Sec.  102-74.100).



Sec.  102-74.25  What responsibilities do Executive agencies have regarding occupancy services?

    Executive agencies, upon approval from GSA, must manage, administer 
and enforce the requirements of agreements (such as Memoranda of 
Understanding) and contracts that provide for the delivery of occupancy 
services.



Sec.  102-74.30  What standard in providing occupancy services must Executive agencies follow?

    Executive agencies must provide occupancy services that 
substantially conform to nationally recognized standards. As needed, 
Executive agencies may adopt other standards for buildings and services 
in Federally controlled facilities to conform to statutory requirements 
and to implement cost-reduction efforts.



Sec.  102-74.35  What building services must Executive agencies provide?

    Executive agencies, upon approval from GSA, must provide--
    (a) Building services such as custodial, solid waste management 
(including recycling), heating and cooling, landscaping and grounds 
maintenance, tenant alterations, minor repairs, building maintenance, 
integrated pest management, signage, parking, and snow removal, at 
appropriate levels to support Federal agency missions; and
    (b) Arrangements for raising and lowering the United States flags at 
appropriate times. In addition, agencies must display P.O.W. and M.I.A. 
flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A. flag 
display days.

                           Concession Services



Sec.  102-74.40  What are concession services?

    Concession services are any food or snack services provided by a 
Randolph-Sheppard Act vendor, commercial contractor or nonprofit 
organization (see definition in Sec.  102-71.20 of this chapter), in 
vending facilities such as--
    (a) Vending machines;
    (b) Sundry facilities;
    (c) Prepackaged facilities;
    (d) Snack bars; and

[[Page 233]]

    (e) Cafeterias.



Sec.  102-74.45  When must Federal agencies provide concession services?

    Federal agencies, upon approval from GSA, must provide concession 
services where building population supports such services and when the 
availability of existing commercial services is insufficient to meet 
Federal agency needs. Prior to establishing concessions, Federal 
agencies must ensure that--
    (a) The proposed concession will be established and operated in 
conformance with applicable policies, safety, health and sanitation 
codes, laws, regulations, etc., and will not contravene the terms of any 
lease or other contractual arrangement; and
    (b) Sufficient funds are legally available to cover all costs for 
which the Government may be responsible.



Sec.  102-74.50  Are Federal agencies required to give blind vendors priority in operating vending facilities?

    With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107 et 
seq.) requires that blind persons licensed by a State licensing agency 
under the provisions of the Randolph-Sheppard Act be authorized to 
operate vending facilities on Federal property, including leased 
buildings. The Department of Education (ED) is responsible for the 
administration of the Randolph-Sheppard Act as set forth at 34 CFR part 
395. The ED designates individual State licensing agencies with program 
administration responsibility. The Randolph-Sheppard Act and its 
implementing regulations require that Federal property managers give 
priority to and notify the State licensing agencies in writing of any 
opportunity.



Sec.  102-74.55  Are vending facilities authorized under the Randolph-Sheppard Act operated by permit or contract?

    Vending facilities are authorized by permit. As set forth in 34 CFR 
part 395, the Federal property manager approves and signs State 
licensing agency permits that authorize States to license blind vendors 
to operate vending facilities (including vending machines) on Federal 
property.



Sec.  102-74.60  Are Federal agencies required to give blind vendors priority in operating cafeterias?

    Yes. Federal agencies are required to give Randolph-Sheppard vendors 
priority in the operation of cafeterias when the State licensing agency 
is in the competitive range as set forth at 34 CFR part 395.



Sec.  102-74.65  Are cafeterias authorized under the Randolph-Sheppard Act operated by permit or contract?

    They are operated by contract. As set forth at 34 CFR part 395, the 
Federal property manager contracts with the State licensing agency to 
license blind vendors to operate cafeterias on Federal property.



Sec.  102-74.70  Are commercial vendors and nonprofit organizations required to operate vending facilities by permit or contractual arrangement?

    Commercial vendors and nonprofit organizations must operate vending 
facilities, including cafeterias, under a contractual arrangement with 
Federal agencies.



Sec.  102-74.75  May Federal agencies sell tobacco products in vending machines in Government-owned and leased space?

    No. Section 636 of Public Law 104-52 prohibits the sale of tobacco 
products in vending machines in Government-owned and leased space. The 
Administrator of GSA or the head of an Agency may designate areas not 
subject to the prohibition, if minors are prohibited and reports are 
made to the appropriate committees of Congress.



Sec. Sec.  102-74.80--102-74.95  [Reserved]

                          Conservation Programs



Sec.  102-74.100  What are conservation programs?

    Conservation programs are programs that improve energy and water 
efficiency and promote the use of solar and other renewable energy. 
These programs must promote and maintain an effective source reduction 
activity (reducing consumption of resources such as energy, water, and 
paper), resource recovery activity (obtaining materials

[[Page 234]]

from the waste stream that can be recycled into new products), and reuse 
activity (reusing same product before disposition, such as reusing 
unneeded memos for scratch paper).

                             Asset Services



Sec.  102-74.105  What are asset services?

    Asset services include repairs (other than those minor repairs 
identified in Sec.  102-74.35(a)), alterations and modernizations for 
real property assets. Typically, these are the types of repairs and 
alterations necessary to preserve or enhance the value of the real 
property asset.



Sec.  102-74.110  What asset services must Executive agencies provide?

    Executive agencies, upon approval from GSA, must provide asset 
services such as repairs (in addition to those minor repairs identified 
in Sec.  102-74.35(a)), alterations, and modernizations for real 
property assets. For repairs and alterations projects for which the 
estimated cost exceeds the prospectus threshold, Federal agencies must 
follow the prospectus submission and approval policy identified in this 
part and part 102-73 of this chapter.



Sec.  102-74.115  What standard in providing asset services must Executive agencies follow?

    Executive agencies must provide asset services that maintain 
continuity of Government operations, continue efficient building 
operations, extend the useful life of buildings and related building 
systems, and provide a quality workplace environment that enhances 
employee productivity.



Sec.  102-74.120  Is a prospectus required to be submitted before emergency alterations can be performed?

    No. A prospectus does not need to be submitted before emergency 
alterations are performed, but GSA must submit a prospectus as soon as 
possible after the emergency. Federal agencies must immediately alter a 
building if the alteration protects people, buildings, or equipment, 
saves lives, and/or avoids further property damage. Federal agencies can 
take these actions in an emergency before GSA submits a prospectus on 
the alterations to the Senate Committee on Environment and Public Works 
and the House Committee on Transportation and Infrastructure.



Sec.  102-74.125  Are prospectuses required for reimbursable alteration projects?

    A project that is to be financed in whole or in part from funds 
appropriated to the requesting agency may be performed without a 
prospectus if--
    (a) Payment is made from agency appropriations that are not subject 
to 40 U.S.C. 3307; and
    (b) GSA's portion of the cost, if any, does not exceed the 
prospectus threshold.



Sec.  102-74.130  When a prospectus is required, can GSA prepare a prospectus for a reimbursable alteration project?

    Yes, if requested by a Federal agency, GSA will prepare a prospectus 
for a reimbursable alteration project.



Sec.  102-74.135  Who selects construction and alteration projects that are to be performed?

    The Administrator of General Services selects construction and 
alteration projects to be performed.



Sec.  102-74.140  On what basis does the Administrator select construction and alteration projects?

    The Administrator selects projects based on a continuing 
investigation and survey of the public building needs of the Federal 
Government. These projects must be equitably distributed throughout the 
United States, with due consideration given to each project's 
comparative urgency.



Sec.  102-74.145  What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public 
          building?

    Federal agencies identifying a need for construction or alteration 
of a public building must provide information, such as a description of 
the work, location, estimated maximum cost, and justification to the 
Administrator of General Services.

[[Page 235]]



Sec.  102-74.150  Who submits prospectuses for the construction or alteration of public buildings to the Congressional committees?

    The Administrator of General Services must submit prospectuses for 
public building construction or alteration projects to the Senate 
Committee on Environment and Public Works and the House Committee on 
Transportation and Infrastructure for approval.

                           Energy Conservation



Sec.  102-74.155  What energy conservation policy must Federal agencies follow in the management of facilities?

    Federal agencies must--
    (a) Comply with the energy conservation guidelines in 10 CFR part 
436 (Federal Energy Management and Planning Programs); and
    (b) Observe the energy conservation policies cited in this part.



Sec.  102-74.160  What actions must Federal agencies take to promote energy conservation?

    Federal agencies must--
    (a) Turn off lights and equipment when not needed;
    (b) Not block or impede ventilation; and
    (c) Keep windows and other building accesses closed during the 
heating and cooling seasons.



Sec.  102-74.165  What energy standards must Federal agencies follow for existing facilities?

    Existing Federal facilities must meet the energy standards 
prescribed by the American Society of Heating, Refrigerating, and Air 
Conditioning Engineers and the Illuminating Engineering Society of North 
American in ASHRAE/IES Standard 90A-1980, as amended by the Department 
of Energy. Federal agencies must apply these energy standards where they 
can be achieved through life cycle, cost effective actions.



Sec.  102-74.170  May exceptions to the energy conservation policies in this subpart be granted?

    Yes, the Federal agency buildings manager may grant exceptions to 
the foregoing policies in this subpart to enable agencies to accomplish 
their missions more effectively and efficiently.



Sec.  102-74.175  Are Government-leased buildings required to conform with the policies in this subpart?

    Yes, all new lease contracts must be in conformance with the 
policies prescribed in this subpart. Federal agencies must administer 
existing lease contracts in accordance with these policies to the 
maximum extent feasible.



Sec.  102-74.180  What illumination levels must Federal agencies maintain on Federal facilities?

    Except where special circumstances exist, Federal agencies must 
maintain illumination levels at--
    (a) 50 foot-candles at work station surfaces, measured at a height 
of 30 inches above floor level, during working hours (for visually 
difficult or critical tasks, additional lighting may be authorized by 
the Federal agency buildings manager);
    (b) 30 foot-candles in work areas during working hours, measured at 
30 inches above floor level;
    (c) 10 foot-candles, but not less than 1 foot-candle, in non-work 
areas, during working hours (normally this will require levels of 5 
foot-candles at elevator boarding areas, minimum of 1 foot-candle at the 
middle of corridors and stairwells as measured at the walking surface, 1 
foot-candle at the middle of corridors and stairwells as measured at the 
walking surface, and 10 foot-candles in storage areas); and
    (d) Levels essential for safety and security purposes, including 
exit signs and exterior lights.



Sec.  102-74.185  What heating and cooling policy must Federal agencies follow in Federal facilities?

    Within the limitations of the building systems, Federal agencies 
must--
    (a) Operate heating and cooling systems in the most overall energy 
efficient and economical manner;
    (b) Maintain temperatures to maximize customer satisfaction by 
conforming to local commercial equivalent temperature levels and 
operating practices;

[[Page 236]]

    (c) Set heating temperatures no higher than 55 degrees Fahrenheit 
during non-working hours;
    (d) Not provide air-conditioning during non-working hours, except as 
necessary to return space temperatures to a suitable level for the 
beginning of working hours;
    (e) Not permit reheating, humidification and simultaneous heating 
and cooling; and
    (f) Operate building systems as necessary during extreme weather 
conditions to protect the physical condition of the building.



Sec.  102-74.190  Are portable heaters, fans and other such devices allowed in Government-controlled facilities?

    Federal agencies are prohibited from operating portable heaters, 
fans, and other such devices in Government-controlled facilities unless 
authorized by the Federal agency buildings manager.



Sec.  102-74.195  What ventilation policy must Federal agencies follow?

    During working hours in periods of heating and cooling, Federal 
agencies must provide ventilation in accordance with ASHRAE Standard 62, 
Ventilation for Acceptable Indoor Air Quality, where physically 
practical. Where not physically practical, Federal agencies must provide 
the maximum allowable amount of ventilation during periods of heating 
and cooling and pursue opportunities to increase ventilation up to 
current standards. ASHRAE Standard 62 is available from ASHRAE 
Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.



Sec.  102-74.200  What information are Federal agencies required to report to the Department of Energy (DOE)?

    Federal agencies, upon approval of GSA, must report to the DOE the 
energy consumption in buildings, facilities, vehicles, and equipment 
within 45 calendar days after the end of each quarter as specified in 
the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.

                               Ridesharing



Sec.  102-74.205  What Federal facility ridesharing policy must Executive agencies follow?

    (a) In accordance with Executive Order 12191, ``Federal Facility 
Ridesharing Program'' (3 CFR, 1980 Comp., p. 138), Executive agencies 
must actively promote the use of ridesharing (carpools, vanpools, 
privately leased buses, public transportation, and other multi-occupancy 
modes of travel) by personnel working at Federal facilities to conserve 
energy, reduce congestion, improve air quality, and provide an 
economical way for Federal employees to commute to work.
    (b) In accordance with the Federal Employees Clean Air Incentives 
Act (Public Law 103-172), the Federal Government is required to take 
steps to improve the air quality, and to reduce traffic congestion by 
providing for the establishment of programs that encourage Federal 
employees to commute to work by means other than single-occupancy motor 
vehicles.
    (c) In accordance with the Transportation Equity Act for the 21st 
Century (Public Law 105-178), employers, including the Federal 
Government, are to offer employees transportation fringe benefits.



Sec.  102-74.210  What steps must Executive agencies take to promote ridesharing at Federal facilities?

    (a) Under Executive Order 12191, ``Federal Facility Ridesharing 
Program,'' agencies shall--
    (1) Establish an annual ridesharing goal for each facility; and
    (2) Cooperate with State and local ridesharing agencies where such 
agencies exist.
    (b) Under the Federal Employees Clean Air Incentives Act (Public Law 
103-172), agencies shall--
    (1) Issue transit passes or similar vouchers to exchange for transit 
passes;
    (2) Furnish space, facilities, and services to bicyclists;
    (3) Provide non-monetary incentives as provided by other provisions 
of law or other authority; and

[[Page 237]]

    (4) Submit biennially to GSA (as directed in House of 
Representatives Report 103-356, dated November 10, 1993) a report that 
covers--
    (i) Agency programs offered under Public law 103-172;
    (ii) Description of each program;
    (iii) Extent of employee participation in, and costs to the 
Government associated with, each program;
    (iv) Assessment of environmental or other benefits realized from 
these programs; and
    (v) Other matters that may be appropriate under Public Law 103-172.
    (c) In accordance with the Transportation Equity Act for the 21st 
Century, agencies may (in lieu of or in combination with other commuter 
benefits) provide fringe benefits to qualified commuters, at no cost, by 
giving them a monthly pretax payroll deduction to support and encourage 
the use of mass transportation systems.



Sec. Sec.  102-74.215--102-74.225  [Reserved]

                       Occupant Emergency Program



Sec.  102-74.230  Who is responsible for establishing an occupant
emergency program?

    The Designated Official (as defined in Sec.  102-71.20 of this 
chapter) is responsible for developing, implementing and maintaining an 
Occupant Emergency Plan (as defined in Sec.  102-71.20 of this chapter). 
The Designated Official's responsibilities include establishing, 
staffing and training an Occupant Emergency Organization with agency 
employees. Federal agencies, upon approval from GSA, must assist in the 
establishment and maintenance of such plans and organizations.



Sec.  102-74.235  Are occupant agencies required to cooperate with the
Designated Official in the implementation of the emergency plans and the
staffing of the emergency organization?

    Yes, all occupant agencies of a facility must fully cooperate with 
the Designated Official in the implementation of the emergency plans and 
the staffing of the emergency organization.



Sec.  102-74.240  What are Federal agencies' occupant emergency
responsibilities?

    Federal agencies, upon approval from GSA, must--
    (a) Provide emergency program policy guidance;
    (b) Review plans and organizations annually;
    (c) Assist in training of personnel;
    (d) Otherwise provide for the proper administration of Occupant 
Emergency Programs (as defined in Sec.  102-71.20 of this chapter);
    (e) Solicit the assistance of the lessor in the establishment and 
implementation of plans in leased space; and
    (f) Assist the Occupant Emergency Organization (as defined in Sec.  
102-71.20 of this chapter) by providing technical personnel qualified in 
the operation of utility systems and protective equipment.



Sec.  102-74.245  Who makes the decision to activate the Occupant
Emergency Organization?

    The decision to activate the Occupant Emergency Organization must be 
made by the Designated Official, or by the designated alternate 
official. After normal duty hours, the senior Federal official present 
must represent the Designated Official or his/her alternates and must 
initiate action to cope with emergencies in accordance with the plans.



Sec.  102-74.250  What information must the Designated Official use to 
make a decision to activate the Occupant Emergency Organization?

    The Designated Official must make a decision to activate the 
Occupant Emergency Organization based upon the best available 
information, including--
    (a) An understanding of local tensions;
    (b) The sensitivity of target agency(ies);
    (c) Previous experience with similar situations;
    (d) Advice from the Federal agency buildings manager;
    (e) Advice from the appropriate Federal law enforcement official; 
and
    (f) Advice from Federal, State, and local law enforcement agencies.

[[Page 238]]



Sec.  102-74.255  How must occupant evacuation or relocation be accomplished
when there is immediate danger to persons or property, such as fire, explosion or 
the discovery of an explosive device (not including a bomb threat)?

    The Designated Official must initiate action to evacuate or relocate 
occupants in accordance with the plan by sounding the fire alarm system 
or by other appropriate means when there is immediate danger to persons 
or property, such as fire, explosion or the discovery of an explosive 
device (not including a bomb threat).



Sec.  102-74.260  What action must the Designated Official initiate when
there is advance notice of an emergency?

    The Designated Official must initiate appropriate action according 
to the plan when there is advance notice of an emergency.

                           Parking Facilities



Sec.  102-74.265  Who must provide for the regulation and policing of
parking facilities?

    Federal agencies, upon approval from GSA, must provide for any 
necessary regulation and policing of parking facilities, which may 
include--
    (a) The issuance of traffic rules and regulations;
    (b) The installation of signs and markings for traffic control 
(Signs and markings must conform with the Manual on Uniform Traffic 
Control Devices published by the Department of Transportation);
    (c) The issuance of citations for parking violations; and
    (d) The immobilization or removal of illegally parked vehicles.



Sec.  102-74.270  Are vehicles required to display parking permits in 
parking facilities?

    When the use of parking space is controlled as in Sec.  102-74.265, 
all privately owned vehicles other than those authorized to use 
designated visitor or service areas must display a parking permit. This 
requirement may be waived in parking facilities where the number of 
available spaces regularly exceeds the demand for such spaces.



Sec.  102-74.275  May Federal agencies authorize lessors or parking 
management contractors to manage, regulate and police parking facilities?

    Yes, Federal agencies, upon approval from GSA, may authorize lessors 
or parking management contractors to manage, regulate and police parking 
facilities.



Sec.  102-74.280  Are privately owned vehicles converted for propane 
carburetion permitted in underground parking facilities?

    Federal agencies must not permit privately owned vehicles converted 
for propane carburetion to enter underground parking facilities unless 
the owner provides to the occupant agency and the Federal agency 
buildings manager the installer's certification that the installation 
methods and equipment comply with National Fire Protection Association 
(NFPA) Standard No. 58.



Sec.  102-74.285  How must Federal agencies assign priority to parking
spaces in controlled areas?

    Federal agencies must reserve official parking spaces, in the 
following order of priority, for--
    (a) Official postal vehicles at buildings containing the U.S. Postal 
Service's mailing operations;
    (b) Federally owned vehicles used to apprehend criminals, fight 
fires and handle other emergencies;
    (c) Private vehicles owned by Members of Congress (but not their 
staffs);
    (d) Private vehicles owned by Federal judges (appointed under 
Article III of the Constitution), which may be parked in those spaces 
assigned for the use of the Court, with priority for them set by the 
Administrative Office of the U.S. Courts;
    (e) Other Federally owned and leased vehicles, including those in 
motor pools or assigned for general use;
    (f) Service vehicles, vehicles used in child care center operations, 
and vehicles of patrons and visitors (Federal agencies must allocate 
parking for disabled visitors whenever an agency's mission requires 
visitor parking); and
    (g) Private vehicles owned by employees, using spaces not needed for 
official business.

[[Page 239]]

    However, in major metropolitan areas, Federal agencies may determine 
that allocations by zone would make parking more efficient or equitable, 
taking into account the priority for official parking set forth in this 
section.



Sec.  102-74.290  May Federal agencies allow employees to use parking
spaces not required for official needs?

    Yes, Federal agencies may allow employees to use parking spaces not 
required for official needs.



Sec.  102-74.295  Who determines the number of employee parking spaces 
for each facility?

    The Federal agency buildings manager must determine the total number 
of spaces available for employee parking. Typically, Federal agencies 
must make a separate determination for each parking facility. However, 
in major metropolitan areas, Federal agencies may determine that 
allocations by zone would make parking more efficient or more equitably 
available.



Sec.  102-74.300  How must space available for employee parking be 
allocated among occupant agencies?

    The Federal agency buildings manager must allocate space available 
for employee parking among occupant agencies on an equitable basis, such 
as by allocating such parking in proportion to each agency's share of 
building space, office space or total employee population, as 
appropriate. In certain cases, Federal agencies may allow a third party, 
such as a board composed of representatives of agencies sharing space, 
to determine proper parking allocations among the occupant agencies.



Sec.  102-74.305  How must Federal agencies assign available parking
spaces to their employees?

    Federal agencies must assign available parking spaces to their 
employees using the following order of priority:
    (a) Severely disabled employees (see definition in Sec.  102-71.20 
of this chapter).
    (b) Executive personnel and persons who work unusual hours.
    (c) Vanpool/carpool vehicles.
    (d) Privately owned vehicles of occupant agency employees that are 
regularly used for Government business at least 12 days per month and 
that qualify for reimbursement of mileage and travel expenses under 
Government travel regulations.
    (e) Other privately owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are made on a 
zonal basis, GSA and affected agencies may cooperate to issue additional 
rules, as appropriate.)



Sec.  102-74.310  What measures must Federal agencies take to improve 
the utilization of parking facilities?

    Federal agencies must take all feasible measures to improve the 
utilization of parking facilities, including--
    (a) The conducting of surveys and studies;
    (b) The periodic review of parking space allocations;
    (c) The dissemination of parking information to occupant agencies;
    (d) The implementation of parking incentives that promote 
ridesharing;
    (e) The use of stack parking practices, where appropriate; and
    (f) The employment of parking management contractors and 
concessionaires, where appropriate.

                                 Smoking



Sec.  102-74.315  What is the smoking policy for interior space in
Federal facilities?

    Pursuant to Executive Order 13058, ``Protecting Federal Employees 
and the Public From Exposure to Tobacco Smoke in the Federal Workplace'' 
(3 CFR, 1997 Comp., p. 216), it is the policy of the executive branch to 
establish a smoke-free environment for Federal employees and members of 
the public visiting or using Federal facilities. The smoking of tobacco 
products is prohibited in all interior space owned, rented or leased by 
the executive branch of the Federal Government.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.320  Are there any exceptions to the smoking policy for
interior space in Federal facilities?

    Yes, the smoking policy does not apply in--

[[Page 240]]

    (a) Any residential accommodation for persons voluntarily or 
involuntarily residing, on a temporary or long-term basis, in a building 
owned, leased or rented by the Federal Government;
    (b) Portions of Federally owned buildings leased, rented or 
otherwise provided in their entirety to non-Federal parties;
    (c) Places of employment in the private sector or in other non-
Federal Governmental units that serve as the permanent or intermittent 
duty station of one or more Federal employees; and
    (d) Instances where an agency head establishes limited and narrow 
exceptions that are necessary to accomplish agency missions. Such 
exceptions must be in writing, approved by the agency head and, to the 
fullest extent possible, provide protection of nonsmokers from exposure 
to environmental tobacco smoke. Authority to establish such exceptions 
may not be delegated.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.325  Are designated smoking areas authorized in interior
space?

    No, unless specifically established by an agency head as provided by 
Sec.  102-74.320(d). A previous exception for designated smoking areas 
is being eliminated. All designated interior smoking areas will be 
closed effective June 19, 2009. This six-month phase-in period is 
designed to establish a fixed but reasonable time for implementing this 
policy change. This phase-in period will provide agencies with time to 
comply with their obligations under the Federal Service Labor-Management 
Relations Act, as amended, 5 U.S.C. Ch. 71, Labor-Management Relations, 
in those circumstances where there is an exclusive union representative 
for the employees.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.330  What smoking restrictions apply to outside areas under
Executive branch control?

    Effective June 19, 2009, smoking is prohibited in courtyards and 
within twenty-five (25) feet of doorways and air intake ducts on outdoor 
space under the jurisdiction, custody or control of GSA. This six-month 
phase-in period is designed to establish a fixed but reasonable time for 
implementing this policy change. This phase-in period will provide 
agencies with time to comply with their obligations under the Federal 
Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, 
Labor-Management Relations, in those circumstances where there is an 
exclusive union representative for the employees.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.335  Who is responsible for furnishing and installing signs
concerning smoking restrictions in the building, and in and around building 
entrance doorways and air intake ducts?

    Federal agency building managers are responsible for furnishing and 
installing suitable, uniform signs in the building, and in and around 
building entrance doorways and air intake ducts, reading ``No Smoking,'' 
``No Smoking Except in Designated Areas,'' ``No Smoking Within 25 Feet 
of Doorway,'' or ``No Smoking Within 25 Feet of Air Duct,'' as 
applicable.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.340  Who is responsible for monitoring and controlling areas
designated for smoking by an agency head and for identifying those areas 
with proper signage?

    Agency heads are responsible for monitoring and controlling areas 
designated by them under Sec.  102-74.320(d) for smoking and identifying 
these areas with proper signage. Suitable, uniform signs reading 
``Designated Smoking Area'' must be furnished and installed by the 
occupant agency.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.345  Does the smoking policy in this part apply to the 
judicial branch?

    This smoking policy applies to the judicial branch when it occupies 
space in buildings controlled by the executive branch. Furthermore, the 
Federal Chief Judge in a local jurisdiction may be deemed to be 
comparable to an

[[Page 241]]

agency head and may establish exceptions for Federal jurors and others 
as provided in Sec.  102-74.320(d).

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.350  Are agencies required to meet their obligations under
the Federal Service Labor-Management Relations Act where there is an exclusive 
representative for the employees prior to implementing thismoking policy?

    Yes. Where there is an exclusive representative for the employees, 
Federal agencies must meet their obligations under the Federal Service 
Labor-Management Relations Act, 5 U.S.C. Ch. 71, Labor-Management 
Relations, prior to implementing this section. In all other cases, 
agencies may consult directly with employees.

[73 FR 77518, Dec. 19, 2008]



Sec.  102-74.351  If a state or local government has a smoke-free 
ordinance that is more strict than the smoking policy for Federal facilities,
does the state or local law or Federal policy control?

    The answer depends on whether the facility is Federally owned or 
privately owned. If the facility is Federally owned, then Federal 
preemption principles apply and the Federal policy controls. If the 
facility is privately owned, then Federal tenants are subject to the 
provisions of the state or local ordinance, even in the Federally leased 
space, if the state or local restrictions are more stringent than the 
Federal policy.

[73 FR 77518, Dec. 19, 2008]

                      Accident and Fire Prevention



Sec.  102-74.355  With what accident and fire prevention standards must
Federal facilities comply?

    To the maximum extent feasible, Federal agencies must manage 
facilities in accordance with the accident and fire prevention 
requirements identified in Sec.  102-80.80 of this chapter.



Sec.  102-74.360  What are the specific accident and fire prevention 
responsibilities of occupant agencies?

    Each occupant agency must--
    (a) Participate in at least one fire drill per year;
    (b) Maintain a neat and orderly facility to minimize the risk of 
accidental injuries and fires;
    (c) Keep all exits, accesses to exits and accesses to emergency 
equipment clear at all times;
    (d) Not bring hazardous, explosive or combustible materials into 
buildings unless authorized by appropriate agency officials and by GSA 
and unless protective arrangements determined necessary by GSA have been 
provided;
    (e) Use only draperies, curtains or other hanging materials that are 
made of non-combustible or flame-resistant fabric;
    (f) Use only freestanding partitions and space dividers that are 
limited combustible, and fabric coverings that are flame resistant;
    (g) Cooperate with GSA to develop and maintain fire prevention 
programs that provide the maximum safety for the occupants;
    (h) Train employees to use protective equipment and educate 
employees to take appropriate fire safety precautions in their work;
    (i) Keep facilities in the safest condition practicable, and conduct 
periodic inspections in accordance with Executive Order 12196 and 29 CFR 
part 1960;
    (j) Immediately report accidents involving personal injury or 
property damage, which result from building system or maintenance 
deficiencies, to the Federal agency building manager; and
    (k) Appoint a safety, health and fire protection liaison to 
represent the occupant agency with GSA.



                  Subpart C_Conduct on Federal Property

                              Applicability



Sec.  102-74.365  To whom does this subpart apply?

    The rules in this subpart apply to all property under the authority 
of GSA and to all persons entering in or on such property. Each occupant 
agency shall be responsible for the observance of these rules and 
regulations. Federal agencies must post the notice in the

[[Page 242]]

Appendix to this part at each public entrance to each Federal facility.

                               Inspection



Sec.  102-74.370  What items are subject to inspection by Federal agencies?

    Federal agencies may, at their discretion, inspect packages, 
briefcases and other containers in the immediate possession of visitors, 
employees or other persons arriving on, working at, visiting, or 
departing from Federal property. Federal agencies may conduct a full 
search of a person and the vehicle the person is driving or occupying 
upon his or her arrest.

                          Admission to Property



Sec.  102-74.375  What is the policy on admitting persons to Government
property?

    Federal agencies must--
    (a) Except as otherwise permitted, close property to the public 
during other than normal working hours. In those instances where a 
Federal agency has approved the after-normal-working-hours use of 
buildings or portions thereof for activities authorized by subpart D of 
this part, Federal agencies must not close the property (or affected 
portions thereof) to the public;
    (b) Close property to the public during working hours only when 
situations require this action to provide for the orderly conduct of 
Government business. The designated official under the Occupant 
Emergency Program may make such decision only after consultation with 
the buildings manager and the highest ranking representative of the law 
enforcement organization responsible for protection of the property or 
the area. The designated official is defined in Sec.  102-71.20 of this 
chapter as the highest ranking official of the primary occupant agency, 
or the alternate highest ranking official or designee selected by mutual 
agreement by other occupant agency officials; and
    (c) When property or a portion thereof is closed to the public, 
restrict admission to the property, or the affected portion, to 
authorized persons who must register upon entry to the property and 
must, when requested, display Government or other identifying 
credentials to Federal police officers or other authorized individuals 
when entering, leaving or while on the property. Failure to comply with 
any of the applicable provisions is a violation of these regulations.

                        Preservation of Property



Sec.  102-74.380  What is the policy concerning the preservation of property?

    All persons entering in or on Federal property are prohibited from--
    (a) Improperly disposing of rubbish on property;
    (b) Willfully destroying or damaging property;
    (c) Stealing property;
    (d) Creating any hazard on property to persons or things; or
    (e) Throwing articles of any kind from or at a building or climbing 
upon statues, fountains or any part of the building.

                  Conformity With Signs and Directions



Sec.  102-74.385  What is the policy concerning conformity with official
signs and directions?

    Persons in and on property must at all times comply with official 
signs of a prohibitory, regulatory or directory nature and with the 
lawful direction of Federal police officers and other authorized 
individuals.

                              Disturbances



Sec.  102-74.390  What is the policy concerning disturbances?

    All persons entering in or on Federal property are prohibited from 
loitering, exhibiting disorderly conduct or exhibiting other conduct on 
property that--
    (a) Creates loud or unusual noise or a nuisance;
    (b) Unreasonably obstructs the usual use of entrances, foyers, 
lobbies, corridors, offices, elevators, stairways, or parking lots;
    (c) Otherwise impedes or disrupts the performance of official duties 
by Government employees; or
    (d) Prevents the general public from obtaining the administrative 
services provided on the property in a timely manner.

[[Page 243]]

                                Gambling



Sec.  102-74.395  What is the policy concerning gambling?

    (a) Except for the vending or exchange of chances by licensed blind 
operators of vending facilities for any lottery set forth in a State law 
and authorized by section 2(a)(5) of the Randolph-Sheppard Act (20 
U.S.C. 107 et seq.), all persons entering in or on Federal property are 
prohibited from--
    (1) Participating in games for money or other personal property;
    (2) Operating gambling devices;
    (3) Conducting a lottery or pool; or
    (4) Selling or purchasing numbers tickets.
    (b) This provision is not intended to prohibit prize drawings for 
personal property at otherwise permitted functions on Federal property, 
provided that the game or drawing does not constitute gambling per se. 
Gambling per se means a game of chance where the participant risks 
something of value for the chance to gain or win a prize.

                        Narcotics and Other Drugs



Sec.  102-74.400  What is the policy concerning the possession and use
of narcotics and other drugs?

    Except in cases where the drug is being used as prescribed for a 
patient by a licensed physician, all persons entering in or on Federal 
property are prohibited from--
    (a) Being under the influence, using or possessing any narcotic 
drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or
    (b) Operating a motor vehicle on the property while under the 
influence of alcoholic beverages, narcotic drugs, hallucinogens, 
marijuana, barbiturates, or amphetamines.

                           Alcoholic Beverages



Sec.  102-74.405  What is the policy concerning the use of alcoholic
beverages?

    Except where the head of the responsible agency or his or her 
designee has granted an exemption in writing for the appropriate 
official use of alcoholic beverages, all persons entering in or on 
Federal property are prohibited from being under the influence or using 
alcoholic beverages. The head of the responsible agency or his or her 
designee must provide a copy of all exemptions granted to the buildings 
manager and the highest ranking representative of the law enforcement 
organization, or other authorized officials, responsible for the 
security of the property.

                 Soliciting, Vending and Debt Collection



Sec.  102-74.410  What is the policy concerning soliciting, vending
and debt collection?

    All persons entering in or on Federal property are prohibited from 
soliciting alms (including money and non-monetary items) or commercial 
or political donations, vending merchandise of all kinds, displaying or 
distributing commercial advertising, or collecting private debts, except 
for--
    (a) National or local drives for funds for welfare, health or other 
purposes as authorized by 5 CFR part 950, entitled ``Solicitation Of 
Federal Civilian And Uniformed Service Personnel For Contributions To 
Private Voluntary Organizations,'' and sponsored or approved by the 
occupant agencies;
    (b) Concessions or personal notices posted by employees on 
authorized bulletin boards;
    (c) Solicitation of labor organization membership or dues authorized 
by occupant agencies under the Civil Service Reform Act of 1978 (Pub. L. 
95-454);
    (d) Labor organizations representing or seeking to represent 
contractors working in Federal Government facilities;
    (e) Lessee, or its agents and employees, with respect to space 
leased for commercial, cultural, educational, or recreational use under 
40 U.S.C. 581(h). Public areas of GSA-controlled property may be used 
for other activities in accordance with subpart D of this part;
    (f) Collection of non-monetary items that are sponsored or approved 
by the occupant agencies; and
    (g) Commercial activities sponsored by recognized Federal employee 
associations and on-site child care centers.

[70 FR 67798, Nov. 8, 2005, as amended at 87 FR 54170, Sept. 2, 2022]

[[Page 244]]

                   Posting and Distributing Materials



Sec.  102-74.415  What is the policy for posting and distributing
materials?

    All persons entering in or on Federal property are prohibited from--
    (a) Distributing free samples of tobacco products in or around 
Federal buildings, as mandated by Section 636 of Public Law 104-52;
    (b) Posting or affixing materials, such as pamphlets, handbills, or 
flyers, on bulletin boards or elsewhere on GSA-controlled property, 
except as authorized in Sec.  102-74.410, or when these displays are 
conducted as part of authorized Government activities; and
    (c) Distributing materials, such as pamphlets, handbills or flyers, 
unless conducted as part of authorized Government activities. This 
prohibition does not apply to public areas of the property as defined in 
Sec.  102-71.20 of this chapter. However, any person or organization 
proposing to distribute materials in a public area under this section 
must first obtain a permit from the building manager as specified in 
subpart D of this part. Any such person or organization must distribute 
materials only in accordance with the provisions of subpart D of this 
part. Failure to comply with those provisions is a violation of these 
regulations.

        Photographs for News, Advertising or Commercial Purposes



Sec.  102-74.420  What is the policy concerning photographs for news,
advertising or commercial purposes?

    Except where security regulations, rules, orders, or directives 
apply or a Federal court order or rule prohibits it, persons entering in 
or on Federal property may take photographs of--
    (a) Space occupied by a tenant agency for non-commercial purposes 
only with the permission of the occupying agency concerned;
    (b) Space occupied by a tenant agency for commercial purposes only 
with written permission of an authorized official of the occupying 
agency concerned; and
    (c) Building entrances, lobbies, foyers, corridors, or auditoriums 
for news purposes.

                         Dogs and Other Animals



Sec.  102-74.425  What is the policy concerning dogs and other animals
on Federal property?

    No person may bring dogs or other animals on Federal property for 
other than official purposes. However, a disabled person may bring a 
seeing-eye dog, a guide dog, or other animal assisting or being trained 
to assist that individual.

                              Breastfeeding



Sec.  102-74.426  May a woman breastfeed her child in a Federal building
or on Federal property?

    Yes. Public Law 108-199, Section 629, Division F, Title VI (January 
23, 2004), provides that a woman may breastfeed her child at any 
location in a Federal building or on Federal property, if the woman and 
her child are otherwise authorized to be present at the location.

                    Vehicular and Pedestrian Traffic



Sec.  102-74.430  What is the policy concerning vehicular and pedestrian
traffic on Federal property?

    All vehicle drivers entering or while on Federal property--
    (a) Must drive in a careful and safe manner at all times;
    (b) Must comply with the signals and directions of Federal police 
officers or other authorized individuals;
    (c) Must comply with all posted traffic signs;
    (d) Must comply with any additional posted traffic directives 
approved by the GSA Regional Administrator, which will have the same 
force and effect as these regulations;
    (e) Are prohibited from blocking entrances, driveways, walks, 
loading platforms, or fire hydrants; and
    (f) Are prohibited from parking on Federal property without a 
permit. Parking without authority, parking in unauthorized locations or 
in locations reserved for other persons, or parking contrary to the 
direction of posted signs is prohibited. Vehicles parked in violation, 
where warning signs are posted, are subject to removal at the owner's 
risk and expense. Federal agencies may take as proof that a motor 
vehicle was parked in violation of these

[[Page 245]]

regulations or directives as prima facie evidence that the registered 
owner was responsible for the violation.

                               Explosives



Sec.  102-74.435  What is the policy concerning explosives on Federal 
property?

    No person entering or while on Federal property may carry or possess 
explosives, or items intended to be used to fabricate an explosive or 
incendiary device, either openly or concealed, except for official 
purposes.

                                 Weapons



Sec.  102-74.440  What is the policy concerning weapons on Federal property?

    Federal law prohibits the possession of firearms or other dangerous 
weapons in Federal facilities and Federal court facilities by all 
persons not specifically authorized by 18 U.S.C. 930. Violators will be 
subject to fine and/or imprisonment for periods up to five (5) years.

                            Nondiscrimination



Sec.  102-74.445  What is the policy concerning discrimination on Federal
property?

    Federal agencies must not discriminate by segregation or otherwise 
against any person or persons because of race, creed, religion, age, 
sex, color, disability, or national origin in furnishing or by refusing 
to furnish to such person or persons the use of any facility of a public 
nature, including all services, privileges, accommodations, and 
activities provided on the property.

                                Penalties



Sec.  102-74.450  What are the penalties for violating any rule or
regulation in this subpart?

    A person found guilty of violating any rule or regulation in this 
subpart while on any property under the charge and control of GSA shall 
be fined under title 18 of the United States Code, imprisoned for not 
more than 30 days, or both.

                   Impact on Other Laws or Regulations



Sec.  102-74.455  What impact do the rules and regulations in this subpart
have on other laws or regulations?

    No rule or regulation in this subpart may be construed to nullify 
any other Federal laws or regulations or any State and local laws and 
regulations applicable to any area in which the property is situated (40 
U.S.C. 121 (c)).



              Subpart D_Occasional Use of Public Buildings



Sec.  102-74.460  What is the scope of this subpart?

    This subpart establishes rules and regulations for the occasional 
use of public areas of public buildings for cultural, educational and 
recreational activities as provided by 40 U.S.C. 581(h)(2).

                         Application for Permit



Sec.  102-74.465  Is a person or organization that wishes to use a public
area required to apply for a permit from a Federal agency?

    Yes, any person or organization wishing to use a public area must 
file an application for a permit from the Federal agency buildings 
manager.



Sec.  102-74.470  What information must persons or organizations submit
so that Federal agencies may consider their application for a permit?

    Applicants must submit the following information:
    (a) Their full names, mailing addresses, and telephone numbers.
    (b) The organization sponsoring the proposed activity.
    (c) The individual(s) responsible for supervising the activity.
    (d) Documentation showing that the applicant has authority to 
represent the sponsoring organization.
    (e) A description of the proposed activity, including the dates and 
times during which it is to be conducted and the number of persons to be 
involved.

[[Page 246]]



Sec.  102-74.475  If an applicant proposes to use a public area to solicit
funds, is the applicant required to make a certification?

    Yes, if an applicant proposes to use a public area to solicit funds, 
the applicant must certify, in writing, that--
    (a) The applicant is a representative of and will be soliciting 
funds for the sole benefit of a religion or religious group; or
    (b) The applicant's organization has received an official ruling of 
tax-exempt status from the Internal Revenue Service under 26 U.S.C. 501; 
or, alternatively, that an application for such a ruling is still 
pending.

                                 Permits



Sec.  102-74.480  How many days does a Federal agency have to issue a
permit following receipt of a completed application?

    Federal agencies must issue permits within 10 working days following 
the receipt of the completed applications, unless the permit is 
disapproved in accordance with Sec.  102-74.500.



Sec.  102-74.485  Is there any limitation on the length of time of a permit?

    Yes, a permit may not be issued for a period of time in excess of 30 
calendar days, unless specifically approved by the Regional Officer (as 
defined in Sec.  102-71.20 of this chapter). After the expiration of a 
permit, Federal agencies may issue a new permit upon submission of a new 
application. In such a case, applicants may incorporate by reference all 
required information filed with the prior application.



Sec.  102-74.490  What if more than one permit is requested for the same
area and time?

    Federal agencies will issue permits on a first-come, first-served, 
basis when more than one permit is requested for the same area and 
times.



Sec.  102-74.495  If a permit involves demonstrations or activities that
may lead to civil disturbances, what action must a Federal agency take
before approving such a permit application?

    Before approving a permit application, Federal agencies must 
coordinate with their law enforcement organization if a permit involves 
demonstrations or activities that may lead to civil disturbances.

         Disapproval of Applications or Cancellation of Permits



Sec.  102-74.500  Can Federal agencies disapprove permit applications 
or cancel issued permits?

    Yes, Federal agencies may disapprove any permit application or 
cancel an issued permit if--
    (a) The applicant has failed to submit all information required 
under Sec. Sec.  102-74.470 and 102-74.475, or has falsified such 
information;
    (b) The proposed use is a commercial activity as defined in Sec.  
102-71.20 of this chapter;
    (c) The proposed use interferes with access to the public area, 
disrupts official Government business, interferes with approved uses of 
the property by tenants or by the public, or damages any property;
    (d) The proposed use is intended to influence or impede any pending 
judicial proceeding;
    (e) The proposed use is obscene within the meaning of obscenity as 
defined in 18 U.S.C. 1461-65; or
    (f) The proposed use violates the prohibition against political 
solicitations in 18 U.S.C. 607.



Sec.  102-74.505  What action must Federal agencies take after disapproving
an application or canceling an issued permit?

    Upon disapproving an application or canceling a permit, Federal 
agencies must promptly--
    (a) Notify the applicant or permittee of the reasons for the action; 
and
    (b) Inform the applicant or permittee of his/her appeal rights under 
Sec.  102-74.510.

                                 Appeals



Sec.  102-74.510  How may the disapproval of a permit application or
cancellation of an issued permit be appealed?

    A person or organization may appeal the disapproval of an 
application or cancellation of an issued permit by notifying the 
Regional Officer (as defined

[[Page 247]]

in Sec.  102-71.20 of this chapter), in writing, of the intent to appeal 
within 5 calendar days of the notification of disapproval or 
cancellation.



Sec.  102-74.515  Will the affected person or organization and the
Federal agency buildings manager have an opportunity to state their 
positions on the issues?

    Yes, during the appeal process, the affected person or organization 
and the Federal agency buildings manager will have an opportunity to 
state their positions on the issues, both verbally and in writing.



Sec.  102-74.520  How much time does the Regional Officer have to
affirm or reverse the Federal agency buildings manager's decision after
receiving the notification of appeal from the affected person or 
organization?

    The Regional Officer must affirm or reverse the Federal agency 
buildings manager's decision, based on the information submitted, within 
10 calendar days of the date on which the Regional Officer received 
notification of the appeal. If the decision is not rendered within 10 
days, the application will be considered to be approved or the permit 
validly issued. The Regional Officer will promptly notify the applicant 
or permittee and the buildings manager of the decision and the reasons 
therefor.

                             Schedule of Use



Sec.  102-74.525  May Federal agencies reserve time periods for the 
use of public areas for official Government business or for maintenance
, repair and construction?

    Yes, Federal agencies may reserve certain time periods for use of 
public areas--
    (a) For official Government business; or
    (b) For maintenance, repair, and construction.

                              Hours of Use



Sec.  102-74.530  When may public areas be used?

    Permittees may use public areas during or after regular working 
hours of Federal agencies, provided that such uses will not interfere 
with Government business. When public areas are used by permittees after 
normal working hours, Federal agencies must lock, barricade or identify 
by signs, as appropriate, all adjacent areas not approved for such use 
to restrict permittees' activities to approved areas.

                           Services and Costs



Sec.  102-74.535  What items may Federal agencies provide to permittees 
free of charge?

    Federal agencies may provide to permittees at no cost--
    (a) Space; and
    (b) Services normally provided at the building in question during 
normal hours of building operation, such as security, cleaning, heating, 
ventilation, and air-conditioning. The Regional Officer must approve an 
applicant's request to provide its own services, such as security and 
cleaning, prior to permit approval.



Sec.  102-74.540  What are the items for which permittees must reimburse
Federal agencies?

    Permittees must reimburse Federal agencies for services over and 
above those normally provided during normal business hours. Federal 
agencies may provide the services free of charge if the cost is 
insignificant and if it is in the public interest.



Sec.  102-74.545  May permittees make alterations to the public areas?

    Permittees must not make alterations to public areas, except with 
the prior written approval of the Federal agency buildings manager. 
Federal agencies must not approve such alterations unless the Federal 
agency determines that the proposed alterations to a building should be 
made to encourage and aid in the proposed use. Permittees making 
alterations must ensure the safety of users and prevent damage to 
property.



Sec.  102-74.550  What items are permittees responsible for furnishing?

    Permittees are responsible for furnishing items such as tickets, 
audio-visual equipment, and other items that are necessary for the 
proposed use.

[[Page 248]]

                                 Conduct



Sec.  102-74.555  What rules of conduct must all permittees observe
while on Federal property?

    Permittees are subject to all rules and regulations governing 
conduct on Federal property as set forth in subpart C of this part. In 
addition, a permittee must--
    (a) Not misrepresent his or her identity to the public;
    (b) Not conduct any activities in a misleading or fraudulent manner;
    (c) Not discriminate on the basis of race, creed, religion, age, 
color, disability, sex, or national origin in conducting activities;
    (d) Not distribute any item, nor post or otherwise affix any item, 
for which prior written approval under Sec.  102-74.415 has not been 
obtained;
    (e) Not leave leaflets or other materials unattended on the 
property;
    (f) Not engage in activities that would interfere with the 
preferences afforded blind licensees under the Randolph-Sheppard Act (20 
U.S.C. 107); and
    (g) Display identification badges while on Federal property, if 
engaging in the solicitation of funds as authorized by Sec.  102-74.475. 
Each badge must indicate the permittee's name, address, telephone 
number, and organization.

                   Non-affiliation With the Government



Sec.  102-74.560  May Federal agencies advise the public of the presence 
of any permittees and their non-affiliation with the Federal Government?

    Yes, Federal agencies reserve the right to advise the public through 
signs or announcements of the presence of any permittees and of their 
non-affiliation with the Federal Government.



        Subpart E_Installing, Repairing, and Replacing Sidewalks



Sec.  102-74.565  What is the scope of this subpart?

    In accordance with 40 U.S.C. 589, Federal agencies must comply with 
the real property policies in this subpart governing the installation, 
repair and replacement of sidewalks around buildings, installations, 
properties, or grounds under the control of Executive agencies and owned 
by the United States.



Sec.  102-74.570  Are State and local governments required to fund the
cost of installing, repairing, and replacing sidewalks?

    No, the Federal Government must fund the cost of installing, 
repairing, and replacing sidewalks. Funds appropriated to the agency for 
installation, repair, and maintenance, generally, must be available for 
expenditure to accomplish the purposes of this subpart.



Sec.  102-74.575  How do Federal agencies arrange for work on sidewalks?

    Upon approval from GSA, Federal agencies may--
    (a) Authorize the appropriate State or local government to install, 
repair and replace sidewalks, or arrange for this work, and reimburse 
them for this work; or
    (b) Contract or otherwise arrange and pay directly for installing, 
repairing and/or replacing sidewalks.



Sec.  102-74.580  Who decides when to replace a sidewalk?

    Federal agencies, giving due consideration to State and local 
standards and specifications for sidewalks, decide when to install, 
repair or replace a sidewalk. However, Federal agencies may prescribe 
other standards and specifications for sidewalks whenever necessary to 
achieve architectural harmony and maintain facility security.



                           Subpart F_Telework



Sec.  102-74.585  What Federal facility telework policy must Executive
agencies follow?

    Executive agencies must follow these telework policies:
    (a) In accordance with Section 359 of Public Law 106-346, each 
Executive agency must establish a policy under which eligible employees 
of the agency may participate in telecommuting to the maximum extent 
possible without diminished employee performance. Public 106-346 became 
effective on October 23, 2000, and required the Director of the Office 
of Personnel Management

[[Page 249]]

(OPM) to ensure the application and implementation of Section 359 to 25 
percent of the Federal workforce by April 2001, and to an additional 25 
percent of such workforce each year thereafter. Thus, the law provides 
that its requirements must be applied to 100 percent of the Federal 
workforce by April 2004.
    (b) In accordance with 40 U.S.C. 587, when considering whether to 
acquire any space, quarters, buildings, or other facilities for use by 
employees of any Executive agency, the head of that agency shall 
consider whether the need for the facilities can be met using 
alternative workplace arrangements.



Sec.  102-74.590  What steps must agencies take to implement these
laws and policies?

    (a) As interpreted by OPM Memorandum to agencies (February 9, 2001), 
Public Law 106-346 instructs Federal agencies to--
    (1) Review telework barriers, act to remove them, and increase 
actual participation;
    (2) Establish eligibility criteria; and
    (3) Subject to any applicable agency policies or bargaining 
obligations, allow employees who meet the criteria and want to 
participate the opportunity if they are satisfactory performers.
    (b) 40 U.S.C. 587 requires agencies considering the acquisition of 
facilities for use by Federal employees to consider whether the facility 
need can be met using alternative workplace arrangements, such as 
telecommuting, hoteling, virtual offices, and other distributive work 
arrangements. If the agency needs assistance in this investigation and/
or subsequent application of alternative workplace arrangements, GSA 
will provide guidance, assistance, and oversight, as needed, regarding 
establishment and operation of alternative workplace arrangements.
    (c) Agencies evaluating alternative workplace arrangements should 
also make these evaluations in coordination with Integrated Workplace 
policies and strategies. See Sec.  102-79.110.



Sec.  102-74.595  How can agencies obtain guidance, assistance, and
oversight regarding alternative workplace arrangements from GSA?

    Agencies may request assistance from the GSA/PBS regional office 
responsible for providing space in the geographic area under 
consideration.



Sec.  102-74.600  Should Federal agencies utilize telework centers?

    Yes. In accordance with Public Law 107-217 (August 21, 2002), each 
of the following departments and agencies, in each fiscal year, must 
make at least $50,000 available from amounts provided for salaries and 
expenses for carrying out a flexiplace work telecommuting program (i.e., 
to pay telework center program user fees):
    (a) Department of Agriculture.
    (b) Department of Commerce.
    (c) Department of Defense.
    (d) Department of Education.
    (e) Department of Energy.
    (f) Department of Health and Human Services.
    (g) Department of Housing and Urban Development.
    (h) Department of the Interior.
    (i) Department of Justice.
    (j) Department of Labor.
    (k) Department of State.
    (l) Department of Transportation.
    (m) Department of the Treasury.
    (n) Department of Veterans Affairs.
    (o) Environmental Protection Agency.
    (p) General Services Administration.
    (q) Office of Personnel Management.
    (r) Small Business Administration.
    (s) Social Security Administration.
    (t) United States Postal Service.



Sec. Appendix to Part 102-74--Rules and Regulations Governing Conduct on 
                            Federal Property

                     Federal Management Regulations

      Title 41, Code of Federal Regulations, Part 102-74, Subpart C

    Applicability (41 CFR 102-74.365). The rules in this subpart apply 
to all property under the authority of the U.S. General Services 
Administration and to all persons entering in or on such property. Each 
occupant agency shall be responsible for the observance of these rules 
and regulations. Federal agencies must post the notice in the Appendix 
to part

[[Page 250]]

102-74 at each public entrance to each Federal facility.
    Inspection (41 CFR 102-74.370). Federal agencies may, at their 
discretion, inspect packages, briefcases and other containers in the 
immediate possession of visitors, employees or other persons arriving 
on, working at, visiting, or departing from Federal property. Federal 
agencies may conduct a full search of a person and the vehicle the 
person is driving or occupying upon his or her arrest.
    Admission to Property (41 CFR 102-74.375). Federal agencies must--
    (a) Except as otherwise permitted, close property to the public 
during other than normal working hours. In those instances where a 
Federal agency has approved the after-normal-working-hours use of 
buildings or portions thereof for activities authorized by subpart D of 
this part, Federal agencies must not close the property (or affected 
portions thereof) to the public;
    (b) Close property to the public during working hours only when 
situations require this action to provide for the orderly conduct of 
Government business. The designated official under the Occupant 
Emergency Program may make such decision only after consultation with 
the buildings manager and the highest ranking representative of the law 
enforcement organization responsible for protection of the property or 
the area. The designated official is defined in Sec.  102-71.20 of this 
chapter as the highest ranking official of the primary occupant agency, 
or the alternate highest ranking official or designee selected by mutual 
agreement by other occupant agency officials; and
    (c) When property or a portion thereof is closed to the public, 
restrict admission to the property, or the affected portion, to 
authorized persons who must register upon entry to the property and 
must, when requested, display Government or other identifying 
credentials to Federal police officers or other authorized individuals 
when entering, leaving or while on the property. Failure to comply with 
any of the applicable provisions is a violation of these regulations.
    Preservation of Property (41 CFR 102-74.380). All persons entering 
in or on Federal property are prohibited from--
    (a) Improperly disposing of rubbish on property;
    (b) Willfully destroying or damaging property;
    (c) Stealing property;
    (d) Creating any hazard on property to persons or things; and
    (e) Throwing articles of any kind from or at a building or the 
climbing upon statues, fountains or any part of the building.
    Conformity with Signs and Directions (41 CFR 102-74.385). Persons in 
and on property must at all times comply with official signs of a 
prohibitory, regulatory or directory nature and with the lawful 
direction of Federal police officers and other authorized individuals.
    Disturbances (41 CFR 102-74.390). All persons entering in or on 
Federal property are prohibited from loitering, exhibiting disorderly 
conduct or exhibiting other conduct on property that--
    (a) Creates loud or unusual noise or a nuisance;
    (b) Unreasonably obstructs the usual use of entrances, foyers, 
lobbies, corridors, offices, elevators, stairways, or parking lots;
    (c) Otherwise impedes or disrupts the performance of official duties 
by Government employees; or
    (d) Prevents the general public from obtaining the administrative 
services provided on the property in a timely manner.
    Gambling (41 CFR 102-74.395). Except for the vending or exchange of 
chances by licensed blind operators of vending facilities for any 
lottery set forth in a State law and authorized by section 2(a)(5) of 
the Randolph-Sheppard Act (20 U.S.C. 107 et seq.), all persons entering 
in or on Federal property are prohibited from--
    (a) Participating in games for money or other personal property;
    (b) Operating gambling devices;
    (c) Conducting a lottery or pool; or
    (d) Selling or purchasing numbers tickets.
    Narcotics and Other Drugs (41 CFR 102-74.400). Except in cases where 
the drug is being used as prescribed for a patient by a licensed 
physician, all persons entering in or on Federal property are prohibited 
from--
    (a) Being under the influence, using or possessing any narcotic 
drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or
    (b) Operating a motor vehicle on the property while under the 
influence of alcoholic beverages, narcotic drugs, hallucinogens, 
marijuana, barbiturates, or amphetamines.
    Alcoholic Beverages (41 CFR 102-74.405). Except where the head of 
the responsible agency or his or her designee has granted an exemption 
in writing for the appropriate official use of alcoholic beverages, all 
persons entering in or on Federal property are prohibited from being 
under the influence or using alcoholic beverages. The head of the 
responsible agency or his or her designee must provide a copy of all 
exemptions granted to the buildings manager and the highest ranking 
representative of the law enforcement organization, or other authorized 
officials, responsible for the security of the property.
    Soliciting, Vending and Debt Collection (41 CFR 102-74.410). All 
persons entering in or on

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Federal property are prohibited from soliciting alms (including money 
and non-monetary items) or commercial or political donations; vending 
merchandise of all kinds; displaying or distributing commercial 
advertising, or collecting private debts, except for--
    (a) National or local drives for funds for welfare, health or other 
purposes as authorized by 5 CFR part 950, entitled ``Solicitation of 
Federal Civilian And Uniformed Service Personnel For Contributions To 
Private Voluntary Organizations,'' and sponsored or approved by the 
occupant agencies;
    (b) Concessions or personal notices posted by employees on 
authorized bulletin boards;
    (c) Solicitation of labor organization membership or dues authorized 
by occupant agencies under the Civil Service Reform Act of 1978 (Public 
Law 95-454);
    (d) Lessee, or its agents and employees, with respect to space 
leased for commercial, cultural, educational, or recreational use under 
the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 581(h)). 
Public areas of GSA-controlled property may be used for other activities 
in accordance with subpart D of this part;
    (e) Collection of non-monetary items that are sponsored or approved 
by the occupant agencies; and
    (f) Commercial activities sponsored by recognized Federal employee 
associations and on-site child care centers.
    Posting and Distributing Materials (41 CFR 102-74.415). All persons 
entering in or on Federal property are prohibited from--
    (a) Distributing free samples of tobacco products in or around 
Federal buildings, under Public Law 104-52, Section 636;
    (b) Posting or affixing materials, such as pamphlets, handbills, or 
flyers, on bulletin boards or elsewhere on GSA-controlled property, 
except as authorized in Sec.  102-74.410, or when these displays are 
conducted as part of authorized Government activities; and
    (c) Distributing materials, such as pamphlets, handbills, or flyers, 
unless conducted as part of authorized Government activities. This 
prohibition does not apply to public areas of the property as defined in 
Sec.  102-71.20 of this chapter. However, any person or organization 
proposing to distribute materials in a public area under this section 
must first obtain a permit from the building manager as specified in 
subpart D of this part. Any such person or organization must distribute 
materials only in accordance with the provisions of subpart D of this 
part. Failure to comply with those provisions is a violation of these 
regulations.
    Photographs for News, Advertising, or Commercial Purposes (41 CFR 
102-74.420). Except where security regulations, rules, orders, or 
directives apply or a Federal court order or rule prohibits it, persons 
entering in or on Federal property may take photographs of--
    (a) Space occupied by a tenant agency for non-commercial purposes 
only with the permission of the occupying agency concerned;
    (b) Space occupied by a tenant agency for commercial purposes only 
with written permission of an authorized official of the occupying 
agency concerned; and
    (c) Building entrances, lobbies, foyers, corridors, or auditoriums 
for news purposes.
    Dogs and Other Animals (41 CFR 102-74.425). No person may bring dogs 
or other animals on Federal property for other than official purposes. 
However, a disabled person may bring a seeing-eye dog, a guide dog, or 
other animal assisting or being trained to assist that individual.
    Breastfeeding (41 CFR 102-74.426). Public Law 108-199, Section 629, 
Division F, Title VI (January 23, 2004), provides that a woman may 
breastfeed her child at any location in a Federal building or on Federal 
property, if the woman and her child are otherwise authorized to be 
present at the location.
    Vehicular and Pedestrian Traffic (41 CFR 102-74.430). All vehicle 
drivers entering or while on Federal property--
    (a) Must drive in a careful and safe manner at all times;
    (b) Must comply with the signals and directions of Federal police 
officers or other authorized individuals;
    (c) Must comply with all posted traffic signs;
    (d) Must comply with any additional posted traffic directives 
approved by the GSA Regional Administrator, which will have the same 
force and effect as these regulations;
    (e) Are prohibited from blocking entrances, driveways, walks, 
loading platforms, or fire hydrants; and
    (f) Are prohibited from parking on Federal property without a 
permit. Parking without authority, parking in unauthorized locations or 
in locations reserved for other persons, or parking contrary to the 
direction of posted signs is prohibited. Vehicles parked in violation, 
where warning signs are posted, are subject to removal at the owner's 
risk and expense. Federal agencies may take as proof that a motor 
vehicle was parked in violation of these regulations or directives as 
prima facie evidence that the registered owner was responsible for the 
violation.
    Explosives (41 CFR 102-74.435). No person entering or while on 
property may carry or possess explosives, or items intended to be used 
to fabricate an explosive or incendiary device, either openly or 
concealed, except for official purposes.
    Weapons (41 CFR 102-74.440). Federal law prohibits the possession of 
firearms or other dangerous weapons in Federal facilities and Federal 
court facilities by all persons not specifically authorized by Title 18, 
United States Code, Section 930. Violators will be subject to fine and/
or imprisonment for periods up to five (5) years.

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    Nondiscrimination (41 CFR 102-74.445). Federal agencies must not 
discriminate by segregation or otherwise against any person or persons 
because of race, creed, religion, age, sex, color, disability, or 
national origin in furnishing or by refusing to furnish to such person 
or persons the use of any facility of a public nature, including all 
services, privileges, accommodations, and activities provided on the 
property.
    Penalties (41 CFR 102-74.450). A person found guilty of violating 
any rule or regulation in subpart C of this part while on any property 
under the charge and control of the U.S. General Services Administration 
shall be fined under title 18 of the United States Code, imprisoned for 
not more than 30 days, or both.
    Impact on Other Laws or Regulations (41 CFR 102-74.455). No rule or 
regulation in this subpart may be construed to nullify any other Federal 
laws or regulations or any State and local laws and regulations 
applicable to any area in which the property is situated (40 U.S.C. 121 
(c)).

                       Warning--Weapons Prohibited

    Federal law prohibits the possession of firearms or other dangerous 
weapons in Federal facilities and Federal court facilities by all 
persons not specifically authorized by Title 18, United States Code, 
Section 930. Violators will be subject to fine and/or imprisonment for 
periods up to five (5) years.



PART 102	75_REAL PROPERTY DISPOSAL--Table of Contents



                      Subpart A_General Provisions

Sec.
102-75.5 What is the scope of this part?
102-75.10 What basic real property disposal policy governs disposal 
          agencies?

                     Real Property Disposal Services

102-75.15 What real property disposal services must disposal agencies 
          provide under a delegation of authority from GSA?
102-75.20 How can Federal agencies with independent disposal authority 
          obtain related disposal services?

              Subpart B_Utilization of Excess Real Property

102-75.25 What are landholding agencies' responsibilities concerning the 
          utilization of excess property?
102-75.30 What are disposal agencies' responsibilities concerning the 
          utilization of excess property?
102-75.35 [Reserved]

                                Standards

102-75.40 What are the standards that each Executive agency must use to 
          identify unneeded Federal real property?
102-75.45 What does the term ``Not utilized'' mean?
102-75.50 What does the term ``Underutilized'' mean?
102-75.55 What does the term ``Not being put to optimum use'' mean?

                               Guidelines

102-75.60 What are landholding agencies' responsibilities concerning 
          real property surveys?
102-75.65 Why is it important for Executive agencies to notify the 
          disposal agency of its real property needs?
102-75.70 Are their any exceptions to this notification policy?
102-75.75 What is the most important consideration in evaluating a 
          proposed transfer of excess real property?
102-75.80 What are an Executive agency's responsibilities before 
          requesting a transfer of excess real property?
102-75.85 Can disposal agencies transfer excess real property to 
          agencies for programs that appear to be scheduled for 
          substantial curtailment or termination?
102-75.90 How is excess real property needed for office, storage, and 
          related purposes normally transferred to the requesting 
          agency?
102-75.95 Can Federal agencies that normally do not require real 
          property (other than for office, storage, and related 
          purposes) or that may not have statutory authority to acquire 
          such property, obtain the use of excess real property?

            Land Withdrawn or Reserved From the Public Domain

102-75.100 When an agency holds land withdrawn or reserved from the 
          public domain and determines that it no longer needs this 
          land, what must it do?
102-75.105 What responsibility does the Department of the Interior have 
          if it determines that minerals in the land are unsuitable for 
          disposition under the public land mining and mineral leasing 
          laws?

                       Transfers Under Other Laws

102-75.110 Can transfers of real property be made under authority of 
          laws other than those codified in Title 40 of the United 
          States Code?

                    Reporting of Excess Real Property

102-75.115 Must reports of excess real property and related personal 
          property be prepared on specific forms?

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102-75.120 Is there any other information that needs to accompany (or be 
          submitted with) the Report of Excess Real Property (Standard 
          Form 118)?

                              Title Report

102-75.125 What information must agencies include in the title report?
102-75.130 If hazardous substance activity took place on the property, 
          what specific information must an agency include on the title 
          report?
102-75.135 If no hazardous substance activity took place on the 
          property, what specific information must an agency include in 
          the title report?

                       Other Necessary Information

102-75.140 In addition to the title report, and all necessary 
          environmental information and certifications, what information 
          must an Executive agency transmit with the Report of Excess 
          Real Property (Standard Form 118)?

                      Examination for Acceptability

102-75.145 Is GSA required to review each report of excess?
102-75.150 What happens when GSA determines that the report of excess is 
          adequate?
102-75.155 What happens if GSA determines that the report of excess is 
          insufficient?

                    Designation as Personal Property

102-75.160 Should prefabricated movable structures be designated real or 
          personal property for disposition purposes?
102-75.165 Should related personal property be designated real or 
          personal property for disposition purposes?
102-75.170 What happens to the related personal property in a structure 
          scheduled for demolition?

                                Transfers

102-75.175 What are GSA's responsibilities regarding transfer requests?
102-75.180 May landholding agencies transfer excess real property 
          without notifying GSA?
102-75.185 In those instances where landholding agencies may transfer 
          excess real property without notifying GSA, which policies 
          must they follow?
102-75.190 What amount must the transferee agency pay for the transfer 
          of excess real property?
102-75.195 If the transferor agency is a wholly owned Government 
          corporation, what amount must the transferee agency pay?
102-75.200 What amount must the transferee agency pay if property is 
          being transferred for the purpose of upgrading the transferee 
          agency's facilities?
102-75.205 Are transfers ever made without reimbursement by the 
          transferee agency?
102-75.210 What must a transferee agency include in its request for an 
          exception from the 100 percent reimbursement requirement?
102-75.215 Who must endorse requests for exception to the 100 percent 
          reimbursement requirement?
102-75.220 Where should an agency send a request for exception to the 
          100 percent reimbursement requirement?
102-75.225 Who must review and approve a request for exception from the 
          100 percent reimbursement requirement?
102-75.230 Who is responsible for property protection and maintenance 
          costs while the request for exception is being reviewed?
102-75.235 May disposal agencies transfer excess property to the Senate, 
          the House of Representatives, and the Architect of the 
          Capitol?

                          Temporary Utilization

102-75.240 May excess real property be temporarily assigned/reassigned?

               Non-Federal Interim Use of Excess Property

102-75.245 When can landholding agencies grant rights for non-Federal 
          interim use of excess property reported to GSA?

                Subpart C_Surplus Real Property Disposal

102-75.250 What general policy must the disposal agency follow 
          concerning the disposal of surplus property?
102-75.255 What are disposal agencies' specific responsibilities 
          concerning the disposal of surplus property?
102-75.260 When may the disposal agency dispose of surplus real property 
          by exchange for privately owned property?
102-75.265 Are conveyance documents required to identify all agreements 
          and representations concerning property restrictions and 
          conditions?

                     Applicability of Antitrust Laws

102-75.270 Must antitrust laws be considered when disposing of property?
102-75.275 Who determines whether the proposed disposal would create or 
          maintain a situation inconsistent with antitrust laws?
102-75.280 What information concerning a proposed disposal must a 
          disposal agency provide to the Attorney General to determine 
          the applicability of antitrust laws?
102-75.285 Can a disposal agency dispose of real property to a private 
          interest specified in Sec.  102-75.270 before advice is 
          received from the Attorney General?

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                       Disposals Under Other Laws

102-75.290 Can disposals of real property be made under authority of 
          laws other than Chapter 5 of Subtitle I of Title 40 of the 
          United States Code?

                            Credit Disposals

102-75.295 What is the policy on extending credit in connection with the 
          disposal of surplus property?

                    Designation of Disposal Agencies

102-75.296 When may a landholding agency other than GSA be the disposal 
          agency for real and related personal property?
102-75.297 Are there any exceptions to when landholding agencies may 
          serve as the disposal agency?
102-75.298 Can agencies request that GSA be the disposal agency for real 
          property and real property interests described in Sec.  102-
          75.296?
102-75.299 What are landholding agencies' responsibilities if GSA 
          conducts the disposal?

                                Appraisal

102-75.300 Are appraisals required for all real property disposal 
          transactions?
102-75.305 What type of appraisal value must be obtained for real 
          property disposal transactions?
102-75.310 Who must agencies use to appraise the real property?
102-75.315 Are appraisers authorized to consider the effect of historic 
          covenants on the fair market value?
102-75.320 Does appraisal information need to be kept confidential?

                               Inspection

102-75.325 What responsibility does the landholding agency have to 
          provide persons the opportunity to inspect available surplus 
          property?

                Submission of Offers To Purchase or Lease

102-75.330 What form must all offers to purchase or lease be in?

                     Provisions Relating to Asbestos

102-75.335 Where asbestos is identified, what information must the 
          disposal agency incorporate into the offer to purchase and the 
          conveyance document?

           Provisions Relating to Hazardous Substance Activity

102-75.340 Where hazardous substance activity has been identified on 
          property proposed for disposal, what information must the 
          disposal agency incorporate into the offer to purchase and the 
          conveyance document?
102-75.345 What is different about the statements in the offer to 
          purchase and conveyance document if the sale is to a 
          potentially responsible party with respect to the hazardous 
          substance activity?

                       Public Benefit Conveyances

102-75.350 What are disposal agencies' responsibilities concerning 
          public benefit conveyances?
102-75.351 May the disposal agency waive screening for public benefit 
          conveyances?
102-75.355 What clause must be in the offer to purchase and the 
          conveyance documents for public benefit conveyances?
102-75.360 What wording must be in the non-discrimination clause that is 
          required in the offer to purchase and the conveyance document?

                        Power Transmission Lines

102-75.365 Do disposal agencies have to notify State entities and 
          Government agencies that a surplus power transmission line and 
          right-of-way is available?
102-75.370 May a State, or any political subdivision thereof, certify to 
          a disposal agency that it needs a surplus power transmission 
          line and the right-of-way acquired for its construction to 
          meet the requirements of a public or cooperative power 
          project?
102-75.375 What happens once a State, or political subdivision, 
          certifies that it needs a surplus power transmission line and 
          the right-of-way acquired for its construction to meet the 
          requirements of a public or cooperative power project?
102-75.380 May power transmission lines and rights-of-way be disposed of 
          in other ways?

                      Property for Public Airports

102-75.385 Do disposal agencies have the responsibility to notify 
          eligible public agencies that airport property has been 
          determined to be surplus?
102-75.390 What does the term ``surplus airport property'' mean?
102-75.395 May surplus airport property be conveyed or disposed of to a 
          State, political subdivision, municipality, or tax-supported 
          institution for a public airport?
102-75.400 Is industrial property located on an airport also considered 
          to be ``airport property''?
102-75.405 What responsibilities does the Federal Aviation 
          Administration (FAA) have after receiving a copy of the notice 
          (and a copy of the Report of Excess Real Property (Standard 
          Form 118)) given to eligible public agencies that there is 
          surplus airport property?

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102-75.410 What action must the disposal agency take after an eligible 
          public agency has submitted a plan of use and application to 
          acquire property for a public airport?
102-75.415 What happens after the disposal agency receives the FAA's 
          recommendation for disposal of the property for a public 
          airport?
102-75.420 What happens if the FAA informs the disposal agency that it 
          does not recommend disposal of the property for a public 
          airport?
102-75.425 Who has sole responsibility for enforcing compliance with the 
          terms and conditions of disposal for property disposed of for 
          use as a public airport?
102-75.430 What happens if property conveyed for use as a public airport 
          is revested in the United States?
102-75.435 Does the Airport and Airway Development Act of 1970, as 
          amended (Airport Act of 1970) apply to the transfer of 
          airports to State and local agencies?

                 Property for Use as Historic Monuments

102-75.440 Who must disposal agencies notify that surplus property is 
          available for historic monument use?
102-75.445 Who can convey surplus real and related personal property for 
          historic monument use?
102-75.450 What type of property is suitable or desirable for use as a 
          historic monument?
102-75.455 May historic monuments be used for revenue-producing 
          activities?
102-75.460 What information must disposal agencies furnish eligible 
          public agencies?
102-75.465 What information must eligible public agencies interested in 
          acquiring real property for use as a historic monument submit 
          to the appropriate regional or field offices of the National 
          Park Service (NPS) of the Department of the Interior (DOI)?
102-75.470 What action must NPS take after an eligible public agency has 
          submitted an application for conveyance of surplus property 
          for use as a historic monument?
102-75.475 What happens after the disposal agency receives the Secretary 
          of the Interior's determination for disposal of the surplus 
          property for a historic monument and compatible revenue-
          producing activities?
102-75.480 Who has the responsibility for enforcing compliance with the 
          terms and conditions of disposal for surplus property conveyed 
          for use as a historic monument?
102-75.485 What happens if property that was conveyed for use as a 
          historic monument is revested in the United States?

           Property for Educational and Public Health Purposes

102-75.490 Who must notify eligible public agencies that surplus real 
          property for educational and public health purposes is 
          available?
102-75.495 May the Department of Education (ED) or the Department of 
          Health and Human Services (HHS) notify nonprofit organizations 
          that surplus real property and related personal property is 
          available for educational and public health purposes?
102-75.500 Which Federal agencies may the head of the disposal agency 
          (or his or her designee) assign for disposal surplus real 
          property to be used for educational and public health 
          purposes?
102-75.505 Is the request for educational or public health use of a 
          property by an eligible nonprofit institution contingent upon 
          the disposal agency's approval?
102-75.510 When must the Department of Education and the Department of 
          Health and Human Services notify the disposal agency that an 
          eligible applicant is interested in acquiring the property?
102-75.515 What action must the disposal agency take after an eligible 
          public agency has submitted a plan of use for property for an 
          educational or public health requirement?
102-75.520 What must the Department of Education or the Department of 
          Health and Human Services address in the assignment 
          recommendation that is submitted to the disposal agency?
102-75.525 What responsibilities do landholding agencies have concerning 
          properties to be used for educational and public health 
          purposes?
102-75.530 What happens if the Department of Education or the Department 
          of Health and Human Services does not approve any applications 
          for conveyance of the property for educational or public 
          health purposes?
102-75.535 What responsibilities does the Department of Education or the 
          Department of Health and Human Services have after receiving 
          the disposal agency's assignment letter?
102-75.540 Who is responsible for enforcing compliance with the terms 
          and conditions of the transfer for educational or public 
          health purposes?
102-75.545 What happens if property that was transferred to meet an 
          educational or public health requirement is revested in the 
          United States for noncompliance with the terms of sale, or 
          other cause?

     Property for Providing Self-Help Housing or Housing Assistance

102-75.550 What does ``self-help housing or housing assistance'' mean?

[[Page 256]]

102-75.555 Which Federal agency receives the property assigned for self-
          help housing or housing assistance for low-income individuals 
          or families?
102-75.560 Who notifies eligible public agencies that real property to 
          be used for self-help housing or housing assistance purposes 
          is available?
102-75.565 Is the requirement for self-help housing or housing 
          assistance use of the property by an eligible public agency or 
          nonprofit organization contingent upon the disposal agency's 
          approval of an assignment recommendation from the Department 
          of Housing and Urban Development (HUD)?
102-75.570 What happens if the disposal agency does not approve the 
          assignment recommendation?
102-75.575 Who notifies nonprofit organizations that surplus real 
          property and related personal property to be used for self-
          help housing or housing assistance purposes is available?
102-75.580 When must HUD notify the disposal agency that an eligible 
          applicant is interested in acquiring the property?
102-75.585 What action must the disposal agency take after an eligible 
          public agency has submitted a plan of use for property for a 
          self-help housing or housing assistance requirement?
102-75.590 What does the assignment recommendation contain?
102-75.595 What responsibilities do landholding agencies have concerning 
          properties to be used for self-help housing or housing 
          assistance use?
102-75.600 What happens if HUD does not approve any applications for 
          self-help housing or housing assistance use?
102-75.605 What responsibilities does HUD have after receiving the 
          disposal agency's assignment letter?
102-75.610 Who is responsible for enforcing compliance with the terms 
          and conditions of the transfer of the property for self-help 
          housing or housing assistance use?
102-75.615 Who is responsible for enforcing compliance with the terms 
          and conditions of property transferred under section 414(a) of 
          the 1969 HUD Act?
102-75.620 What happens if property that was transferred to meet a self-
          help housing or housing assistance use requirement is found to 
          be in noncompliance with the terms of sale?

           Property for Use as Public Park or Recreation Areas

102-75.625 Which Federal agency is assigned surplus real property for 
          public park or recreation purposes?
102-75.630 Who must disposal agencies notify that real property for 
          public park or recreation purposes is available?
102-75.635 What information must the Department of the Interior (DOI) 
          furnish eligible public agencies?
102-75.640 When must DOI notify the disposal agency that an eligible 
          applicant is interested in acquiring the property?
102-75.645 What responsibilities do landholding agencies have concerning 
          properties to be used for public park or recreation purposes?
102-75.650 When must DOI request assignment of the property?
102-75.655 What does the assignment recommendation contain?
102-75.660 What happens if DOI does not approve any applications or does 
          not submit an assignment recommendation?
102-75.665 What happens after the disposal agency receives the 
          assignment recommendation from DOI?
102-75.670 What responsibilities does DOI have after receiving the 
          disposal agency's assignment letter?
102-75.675 What responsibilities does the grantee or recipient of the 
          property have in accomplishing or completing the transfer?
102-75.680 What information must be included in the deed of conveyance 
          of any surplus property transferred for public park or 
          recreation purposes?
102-75.685 Who is responsible for enforcing compliance with the terms 
          and conditions of the transfer of property used for public 
          park or recreation purposes?
102-75.690 What happens if property that was transferred for use as a 
          public park or recreation area is revested in the United 
          States by reason of noncompliance with the terms or conditions 
          of disposal, or for other cause?

                     Property for Displaced Persons

102-75.695 Who can receive surplus real property for the purpose of 
          providing replacement housing for persons who are to be 
          displaced by Federal or Federally assisted projects?
102-75.700 Which Federal agencies may solicit applications from eligible 
          State agencies interested in acquiring the property to provide 
          replacement housing for persons being displaced by Federal or 
          Federally assisted projects?
102-75.705 When must the Federal agency notify the disposal agency that 
          an eligible State agency is interested in acquiring the 
          property under section 218?
102-75.710 What responsibilities do landholding and disposal agencies 
          have concerning properties used for providing replacement 
          housing for persons who will be displaced by Federal or 
          Federally assisted projects?
102-75.715 When can a Federal agency request transfer of the property to 
          the selected State agency?

[[Page 257]]

102-75.720 Is there a specific or preferred format for the transfer 
          request and who should receive it?
102-75.725 What does the transfer request contain?
102-75.730 What happens if a Federal agency does not submit a transfer 
          request to the disposal agency for property to be used for 
          replacement housing for persons who will be displaced by 
          Federal or Federally assisted projects?
102-75.735 What happens after the disposal agency receives the transfer 
          request from the Federal agency?
102-75.740 Does the State agency have any responsibilities in helping to 
          accomplish the transfer of the property?
102-75.745 What happens if the property transfer request is not approved 
          by the disposal agency?

   Property for Correctional Facility, Law Enforcement, or Emergency 
                      Management Response Purposes

102-75.750 Who is eligible to receive surplus real and related personal 
          property for correctional facility, law enforcement, or 
          emergency management response purposes?
102-75.755 Which Federal agencies must the disposal agency notify 
          concerning the availability of surplus properties for 
          correctional facility, law enforcement, or emergency 
          management response purposes?
102-75.760 Who must the Office of Justice Programs (OJP) and the Federal 
          Emergency Management Agency (FEMA) notify that surplus real 
          property is available for correctional facility, law 
          enforcement, or emergency management response purposes?
102-75.765 What does the term ``law enforcement'' mean?
102-75.770 Is the disposal agency required to approve a determination by 
          the Department of Justice (DOJ) that identifies surplus 
          property for correctional facility use or for law enforcement 
          use?
102-75.775 Is the disposal agency required to approve a determination by 
          FEMA that identifies surplus property for emergency management 
          response use?
102-75.780 When must DOJ or FEMA notify the disposal agency that an 
          eligible applicant is interested in acquiring the property?
102-75.785 What specifically must DOJ or FEMA address in the assignment 
          request or recommendation that is submitted to the disposal 
          agency?
102-75.790 What responsibilities do landholding agencies and disposal 
          agencies have concerning properties to be used for 
          correctional facility, law enforcement, or emergency 
          management response purposes?
102-75.795 What happens after the disposal agency receives the 
          assignment request by DOJ or FEMA?
102-75.800 What information must be included in the deed of conveyance?
102-75.805 Who is responsible for enforcing compliance with the terms 
          and conditions of the transfer of the property used for 
          correctional facility, law enforcement, or emergency 
          management response purposes?
102-75.810 What responsibilities do OJP or FEMA have if they discover 
          any information indicating a change in use of a transferred 
          property?
102-75.815 What happens if property conveyed for correctional facility, 
          law enforcement, or emergency management response purposes is 
          found to be in noncompliance with the terms of the conveyance 
          documents?

                     Property for Port Facility Use

102-75.820 Which Federal agency is eligible to receive surplus real and 
          related personal property for the development or operation of 
          a port facility?
102-75.825 Who must the disposal agency notify when surplus real and 
          related personal property is available for port facility use?
102-75.830 What does the surplus notice contain?
102-75.835 When must DOT notify the disposal agency that an eligible 
          applicant is interested in acquiring the property?
102-75.840 What action must the disposal agency take after an eligible 
          public agency has submitted a plan of use for and an 
          application to acquire a port facility property?
102-75.845 What must DOT address in the assignment recommendation 
          submitted to the disposal agency?
102-75.850 What responsibilities do landholding agencies have concerning 
          properties to be used in the development or operation of a 
          port facility?
102-75.855 What happens if DOT does not submit an assignment 
          recommendation?
102-75.860 What happens after the disposal agency receives the 
          assignment recommendation from DOT?
102-75.865 What responsibilities does DOT have after receiving the 
          disposal agency's assignment letter?
102-75.870 Who is responsible for enforcing compliance with the terms 
          and conditions of the port facility conveyance?
102-75.875 What happens in the case of repossession by the United States 
          under a reversion of title for noncompliance with the terms or 
          conditions of conveyance?

[[Page 258]]

                            Negotiated Sales

102-75.880 When may Executive agencies conduct negotiated sales?
102-75.885 What are the disposal agency's responsibilities concerning 
          negotiated sales?
102-75.890 What clause must be in the offer to purchase and conveyance 
          documents for negotiated sales to public agencies?
102-75.895 What wording must generally be in the excess profits clause 
          that is required in the offer to purchase and in the 
          conveyance document?
102-75.900 What is a negotiated sale for economic development purposes?

               Explanatory Statements for Negotiated Sales

102-75.905 When must the disposal agency prepare an explanatory 
          statement?
102-75.910 Are there any exceptions to this policy of preparing 
          explanatory statements?
102-75.915 Do disposal agencies need to retain a copy of the explanatory 
          statement?
102-75.920 Where is the explanatory statement sent?
102-75.925 Is GSA required to furnish the disposal agency with the 
          explanatory statement's transmittal letter sent to Congress?
102-75.930 What happens if there is no objection by an appropriate 
          committee or subcommittee of Congress concerning the proposed 
          negotiated sale?

                              Public Sales

102-75.935 What are disposal agencies' responsibilities concerning 
          public sales?

                         Disposing of Easements

102-75.936 When can an agency dispose of an easement?
102-75.937 Can an easement be released or disposed of at no cost?
102-75.938 May the easement and the land that benefited from the 
          easement (dominant estate) be disposed of separately?

                           Granting Easements

102-75.939 When can agencies grant easements?
102-75.940 Can agencies grant easements at no cost?
102-75.941 Does an agency retain responsibility for the easement?
102-75.942 What must agencies consider when granting easements?
102-75.943 What happens if granting an easement will reduce the value of 
          the property?

               Non-Federal Interim Use of Surplus Property

102-75.944 Can landholding agencies outlease surplus real property for 
          non-Federal interim use?

        Subpart D_Management of Excess and Surplus Real Property

102-75.945 What is GSA's policy concerning the physical care, handling, 
          protection, and maintenance of excess and surplus real 
          property and related personal property?

                       Taxes and Other Obligations

102-75.950 Who has the responsibility for paying property-related 
          obligations pending transfer or disposal of the property?

                             Decontamination

102-75.955 Who is responsible for decontaminating excess and surplus 
          real property?

                       Improvements or Alterations

102-75.960 May landholding agencies make improvements or alterations to 
          excess or surplus property in those cases where disposal is 
          otherwise not feasible?

                       Protection and Maintenance

102-75.965 Who must perform the protection and maintenance of excess and 
          surplus real property pending transfer to another Federal 
          agency or disposal?
102-75.970 How long is the landholding agency responsible for the 
          expense of protection and maintenance of excess and surplus 
          real property pending its transfer or disposal?
102-75.975 What happens if the property is not conveyed or disposed of 
          during this time frame?
102-75.980 Who is responsible for protection and maintenance expenses if 
          there is no written agreement or no Congressional 
          appropriation to the disposal agency?

                        Assistance in Disposition

102-75.985 Is the landholding agency required to assist the disposal 
          agency in the disposition process?

    Subpart E_Abandonment, Destruction, or Donation to Public Bodies

102-75.990 May Federal agencies abandon, destroy, or donate to public 
          bodies real property?

                           Dangerous Property

102-75.995 May Federal agencies dispose of dangerous property?

[[Page 259]]

                             Determinations

102-75.1000 How is the decision made to abandon, destroy, or donate 
          property?
102-75.1005 Who can make the determination within the Federal agency on 
          whether a property can be abandoned, destroyed, or donated?
102-75.1010 When is a reviewing authority required to approve the 
          determination concerning a property that is to be abandoned, 
          destroyed, or donated?

                              Restrictions

102-75.1015 Are there any restrictions on Federal agencies concerning 
          property donations to public bodies?

                             Disposal Costs

102-75.1020 Are public bodies ever required to pay the disposal costs 
          associated with donated property?

                       Abandonment and Destruction

102-75.1025 When can a Federal agency abandon or destroy improvements on 
          land or related personal property in lieu of donating it to a 
          public body?
102-75.1030 May Federal agencies abandon or destroy property in any 
          manner they decide?
102-75.1035 Are there any restrictions on Federal agencies concerning 
          the abandonment or destruction of improvements on land or 
          related personal property?
102-75.1040 May Federal agencies abandon or destroy improvements on land 
          or related personal property before public notice is given of 
          such proposed abandonment or destruction?
102-75.1045 Are there exceptions to the policy that requires public 
          notice be given before Federal agencies abandon or destroy 
          improvements on land or related personal property?
102-75.1050 Is there any property for which this subpart does not apply?

                          Subpart F_Delegations

              Delegation to the Department of Defense (DoD)

102-75.1055 What is the policy governing delegations of real property 
          disposal authority to the Secretary of Defense?
102-75.1060 What must the Secretary of Defense do before determining 
          that DoD-controlled excess real property and related personal 
          property is not required for the needs of any Federal agency 
          and prior to disposal?
102-75.1065 When using a delegation of real property disposal authority 
          under this subpart, is DoD required to report excess property 
          to GSA?
102-75.1070 Can this delegation of authority to the Secretary of Defense 
          be redelegated?

           Delegation to the Department of Agriculture (USDA)

102-75.1075 What is the policy governing delegations of real property 
          disposal authority to the Secretary of Agriculture?
102-75.1080 What must the Secretary of Agriculture do before determining 
          that USDA-controlled excess real property and related personal 
          property is not required for the needs of any Federal agency 
          and prior to disposal?
102-75.1085 When using a delegation of real property disposal authority 
          under this subpart, is the USDA required to report excess 
          property to GSA?
102-75.1090 Can this delegation of authority to the Secretary of 
          Agriculture be redelegated?

              Delegation to the Department of the Interior

102-75.1095 What is the policy governing delegations of authority to the 
          Secretary of the Interior?
102-75.1100 Can this delegation of authority to the Secretary of the 
          Interior be redelegated?
102-75.1105 What other responsibilities does the Secretary of the 
          Interior have under this delegation of authority?

                   Native American-Related Delegations

102-75.1110 What is the policy governing delegations of authority to the 
          Secretary of the Interior, the Secretary of Health and Human 
          Services, and the Secretary of Education for property used in 
          the administration of any Native American-related functions?
102-75.1115 Are there any limitations or restrictions on this delegation 
          of authority?
102-75.1120 Does the property have to be Federally screened?
102-75.1125 Can the transfer/retransfer under this delegation be at no 
          cost or without consideration?
102-75.1130 What action must the Secretary requesting the transfer take 
          where funds were not programmed and appropriated for 
          acquisition of the property?
102-75.1135 May this delegation of authority to the Secretary of the 
          Interior, the Secretary of Health and Human Services, and the 
          Secretary of Education be redelegated?

  Subpart G_Conditional Gifts of Real Property to Further the Defense 
                                 Effort

102-75.1140 What is the policy governing the acceptance or rejection of 
          a conditional

[[Page 260]]

          gift of real property for a particular defense purpose?
102-75.1145 What action must the Federal agency receiving an offer of a 
          conditional gift take?
102-75.1150 What happens to the gift if GSA determines it to be 
          acceptable?
102-75.1155 May an acceptable gift of property be converted to money?

      Subpart H_Use of Federal Real Property to Assist the Homeless

                               Definitions

102-75.1160 What definitions apply to this subpart?

                              Applicability

102-75.1165 What is the applicability of this subpart?

                       Collecting the Information

102-75.1170 How will information be collected?

                        Suitability Determination

102-75.1175 Who issues the suitability determination?

                  Real Property Reported Excess to GSA

102-75.1180 For the purposes of this subpart, what is the policy 
          concerning real property reported excess to GSA?

                          Suitability Criteria

102-75.1185 What are suitability criteria?

                      Determination of Availability

102-75.1190 What is the policy concerning determination of availability 
          statements?

                     Public Notice of Determination

102-75.1195 What is the policy concerning making public the notice of 
          determination?

                           Application Process

102-75.1200 How may representatives of the homeless apply for the use of 
          properties to assist the homeless?

                     Action on Approved Applications

102-75.1205 What action must be taken on approved applications?

                          Unsuitable Properties

102-75.1210 What action must be taken on properties determined 
          unsuitable for homeless assistance?

                        No Applications Approved

102-75.1215 What action must be taken if there is no expression of 
          interest?

            Subpart I_Screening Excess Federal Real Property

102-75.1220 How do landholding agencies find out if excess Federal real 
          property is available?
102-75.1225 What details are provided in the ``Notice of Availability''?
102-75.1230 How long does an agency have to indicate its interest in the 
          property?
102-75.1235 Where should an agency send its written response to the 
          ``Notice of Availability''?
102-75.1240 Who, from the interested landholding agency, should submit 
          the written response to GSA's ``Notice of Availability''?
102-75.1245 What happens after the landholding agency properly responds 
          to a ``Notice of Availability''?
102-75.1250 What if the agency is not quite sure it wants the property 
          and needs more time to decide?
102-75.1255 What happens when more than one agency has a valid interest 
          in the property?
102-75.1260 Does GSA conduct Federal screening on every property 
          reported as excess real property?
102-75.1265 Are extensions granted to the Federal screening and response 
          timeframes?
102-75.1270 How does an agency request a transfer of Federal real 
          property?
102-75.1275 Does a requesting agency have to pay for excess real 
          property?
102-75.1280 What happens if the property has already been declared 
          surplus and an agency discovers a need for it?
102-75.1285 How does GSA transfer excess real property to the requesting 
          agency?
102-75.1290 What happens if the landholding agency requesting the 
          property does not promptly accept custody and accountability?

    Authority: 40 U.S.C. 121(c), 521-523, 541-559; E.O. 12512, 50 FR 
18453, 3 CFR, 1985 Comp., p. 340.

    Source: 70 FR 67811, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-75.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. Federal agencies with authority to dispose of real property 
under Subchapter III of Chapter 5 of Title 40 of the United

[[Page 261]]

States Code will be referred to as ``disposal agencies'' in this part. 
Except in rare instances where GSA delegates disposal authority to a 
Federal agency, the ``disposal agency'' as used in this part refers to 
GSA.



Sec.  102-75.10  What basic real property disposal policy governs disposal agencies?

    Disposal agencies must provide, in a timely, efficient, and cost 
effective manner, the full range of real estate services necessary to 
support their real property utilization and disposal needs. Landholding 
agencies must survey the real property under their custody or control to 
identify property that is not utilized, underutilized, or not being put 
to optimum use. Disposal agencies must have adequate procedures in place 
to promote the effective utilization and disposal of such real property.

                     Real Property Disposal Services



Sec.  102-75.15  What real property disposal services must agencies provide under a delegation of authority from GSA?

    Disposal agencies must provide real property disposal services for 
real property assets under their custody and control, such as the 
utilization of excess property, surveys, and the disposal of surplus 
property, which includes public benefit conveyances, negotiated sales, 
public sales, related disposal services, and appraisals.



Sec.  102-75.20  How can Federal agencies with independent disposal authority obtain related disposal services?

    Federal agencies with independent disposal authority are encouraged 
to obtain utilization, disposal, and related services from those 
agencies with expertise in real property disposal, such as GSA, as 
allowed by 31 U.S.C. 1535 (the Economy Act), so that they can remain 
focused on their core mission.



              Subpart B_Utilization of Excess Real Property



Sec.  102-75.25  What are landholding agencies' responsibilities concerning the utilization of excess property?

    Landholding agencies' responsibilities concerning the utilization of 
excess property are to--
    (a) Achieve maximum use of their real property, in terms of economy 
and efficiency, to minimize expenditures for the purchase of real 
property;
    (b) Increase the identification and reporting of their excess real 
property; and
    (c) Fulfill its needs for real property, so far as practicable, by 
utilization of real property determined excess by other agencies, 
pursuant to the provision of this part, before it purchases non-Federal 
real property.



Sec.  102-75.30  What are disposal agencies' responsibilities concerning the utilization of excess property?

    Disposal agencies' responsibilities concerning the utilization of 
excess property are to--
    (a) Provide for the transfer of excess real property among Federal 
agencies, to mixed-ownership Government corporations, and to the 
municipal government of the District of Columbia; and
    (b) Resolve conflicting requests for transferring real property that 
the involved agencies cannot resolve.



Sec.  102-75.35  [Reserved]

                                Standards



Sec.  102-75.40  What are the standards that each Executive agency must use to identify unneeded Federal real property?

    Each Executive agency must identify unneeded Federal property using 
the following standards:
    (a) Not utilized.
    (b) Underutilized.
    (c) Not being put to optimum use.



Sec.  102-75.45  What does the term ``Not utilized'' mean?

    Not utilized means an entire property or portion thereof, with or 
without improvements, not occupied for

[[Page 262]]

current program purposes of the accountable Executive agency, or 
occupied in caretaker status only.



Sec.  102-75.50  What does the term ``Underutilized'' mean?

    Underutilized means an entire property or portion thereof, with or 
without improvements, which is used--
    (a) Irregularly or intermittently by the accountable Executive 
agency for current program purposes of that agency; or
    (b) For current program purposes that can be satisfied with only a 
portion of the property.



Sec.  102-75.55  What does the term ``Not being put to optimum use'' mean?

    Not being put to optimum use means an entire property or portion 
thereof, with or without improvements, which--
    (a) Even though used for current program purposes, the nature, 
value, or location of the property is such that it could be utilized for 
a different and significantly higher and better purpose; or
    (b) The costs of occupying are substantially higher than other 
suitable properties that could be made available through transfer, 
purchase, or lease with total net savings to the Government, after 
considering property values, costs of moving, occupancy, operational 
efficiency, environmental effects, regional planning, and employee 
morale.

                               Guidelines



Sec.  102-75.60  What are landholding agencies' responsibilities concerning real property surveys?

    A landholding agency's responsibilities concerning real property 
utilization surveys are to--
    (a) Survey real property under its control (i.e., property reported 
on its financial statements) at least annually to identify property that 
is not utilized, underutilized, or not being put to optimum use. When 
other needs for the property are identified or recognized, the agency 
must determine whether continuation of the current use or another use 
would better serve the public interest, considering both the Federal 
agency's needs and the property's location. In conducting annual reviews 
of their property holdings, the GSA Customer Guide to Real Property 
Disposal can provide guidelines for Executive agencies to consider in 
identifying unneeded Federal real property;
    (b) Maintain its inventory of real property at the absolute minimum 
consistent with economical and efficient conduct of the affairs of the 
agency; and
    (c) Promptly report to GSA real property that it has determined to 
be excess.



Sec.  102-75.65  Why is it important for Executive agencies to notify the disposal agency of its real property needs?

    It is important that each Executive agency notify the disposal 
agency of its real property needs to determine whether the excess or 
surplus property of another agency is available that would meet its need 
and prevent the unnecessary purchase or lease of real property.



Sec.  102-75.70  Are there any exceptions to this notification policy?

    Yes, Executive agencies are not required to notify the disposal 
agency when an agency's proposed acquisition of real property is 
dictated by such factors as exact geographical location, topography, 
engineering, or similar characteristics that limit the possible use of 
other available property. For example, Executive agencies are not 
required to notify disposal agencies concerning the acquisition of real 
property for a dam site, reservoir area, or the construction of a 
generating plant or a substation, since specific lands are needed, which 
limit the possible use of other available property. Therefore, no useful 
purpose would be served by notifying the disposal agency.



Sec.  102-75.75  What is the most important consideration in evaluating a proposed transfer of excess real property?

    In every case of a proposed transfer of excess real property, the 
most important consideration is the validity and appropriateness of the 
requirement upon which the proposal is based. Also, a proposed transfer 
must not establish

[[Page 263]]

a new program that has never been reflected in any previous budget 
submission or congressional action. Additionally, a proposed transfer 
must not substantially increase the level of an agency's existing 
programs beyond that which has been contemplated in the President's 
budget or by the Congress.
    (Note: See Subpart I--Screening of Excess Federal Real Property 
(Sec. Sec.  102-75.1220 through 102-75.1290) for information on 
screening and transfer requests.)



Sec.  102-75.80  What are an Executive agency's responsibilities before requesting a transfer of excess real property?

    Before requesting a transfer of excess real property, an Executive 
agency must--
    (a) Screen its own property holdings to determine whether the new 
requirement can be met through improved utilization of existing real 
property; however, the utilization must be for purposes that are 
consistent with the highest and best use of the property under 
consideration;
    (b) Review all real property under its accountability that has been 
permitted or outleased and terminate the permit or lease for any 
property, or portion thereof, suitable for the proposed need, if 
termination is not prohibited by the terms of the permit or lease;
    (c) Utilize property that is or can be made available under Sec.  
102-75.80(a) or (b) for the proposed need in lieu of requesting a 
transfer of excess real property and reassign the property, when 
appropriate;
    (d) Confirm that the appraised fair market value of the excess real 
property proposed for transfer will not substantially exceed the 
probable purchase price of other real property that would be suitable 
for the intended purpose;
    (e) Limit the size and quantity of excess real property to be 
transferred to the actual requirements and separate, if possible, other 
portions of the excess installation for possible disposal to other 
agencies or to the public; and
    (f) Consider the design, layout, geographic location, age, state of 
repair, and expected maintenance costs of excess real property proposed 
for transfer; agencies must be able to demonstrate that the transfer 
will be more economical over a sustained period of time than the 
acquisition of a new facility specifically planned for the purpose.



Sec.  102-75.85  Can disposal agencies transfer excess real property to agencies for programs that appear to be scheduled for substantial curtailment or 
          termination?

    Yes, but only on a temporary basis with the condition that the 
property will be released for further Federal utilization or disposal as 
surplus property at an agreed upon time when the transfer is arranged.



Sec.  102-75.90  How is excess real property needed for office, storage, and related purposes normally transferred to the requesting agency?

    GSA may temporarily assign or direct the use of such excess real 
property to the requesting agency. See Sec.  102-75.240.



Sec.  102-75.95  Can Federal agencies that normally do not require real property (other than for office, storage, and related purposes) or that may not have 
          statutory authority to acquire such property, obtain the use 
          of excess real property?

    Yes, GSA can authorize the use of excess real property for an 
approved program. See Sec.  102-75.240.

            Land Withdrawn or Reserved From the Public Domain



Sec.  102-75.100  When an agency holds land withdrawn or reserved from the public domain and determines that it no longer needs this land, what must it do?

    An agency holding unneeded land withdrawn or reserved from the 
public domain must submit to the appropriate GSA Regional Office a 
Report of Excess Real Property (Standard Form 118), with appropriate 
Schedules A, B, and C, only when--
    (a) It has filed a notice of intention to relinquish with the 
Department of the Interior (43 CFR part 2372 et seq.) and sent a copy of 
the notice to the appropriate GSA Regional Office;

[[Page 264]]

    (b) The Department of the Interior has notified the agency that the 
Secretary of the Interior has determined that the lands are not suitable 
for return to the public domain for disposition under the general public 
land laws because the lands are substantially changed in character by 
improvements or otherwise; and
    (c) The Department of the Interior provides a report identifying 
whether or not any other agency claims primary, joint, or secondary 
jurisdiction over the lands and whether its records show that the lands 
are encumbered by rights or privileges under the public land laws.



Sec.  102-75.105  What responsibility does the Department of the Interior have if it determines that minerals in the land are unsuitable for disposition under 
          the public land mining and mineral leasing laws?

    In such cases, the Department of the Interior must--
    (a) Notify the appropriate GSA Regional Office of such a 
determination; and
    (b) Authorize the landholding agency to identify in the Standard 
Form 118 any minerals in the land that the Department of the Interior 
determines to be unsuitable for disposition under the public land mining 
and mineral leasing laws.

                       Transfers Under Other Laws



Sec.  102-75.110  Can transfers of real property be made under authority of laws other than those codified in Title 40 of the United States Code?

    Yes, the provisions of this section shall not apply to transfers of 
real property authorized to be made by 40 U.S.C. 113(e) or by any 
special statute that directs or requires an Executive agency to transfer 
or convey specifically described real property in accordance with the 
provisions of that statute. Transfers of real property must be made only 
under the authority of Title 40 of the United States Code, unless the 
independent authority granted to such agency specifically exempts the 
authority from the requirements of Title 40.

                    Reporting of Excess Real Property



Sec.  102-75.115  Must reports of excess real property and related personal property be prepared on specific forms?

    Yes, landholding agencies must prepare reports of excess real 
property and related personal property on--
    (a) Standard Form 118, Report of Excess Real Property, and 
accompanying Standard Form 118a, Buildings Structures, Utilities, and 
Miscellaneous Facilities, Schedule A;
    (b) Standard Form 118b, Land, Schedule B; and
    (c) Standard Form 118c, Related Personal Property, Schedule C.



Sec.  102-75.120  Is there any other information that needs to accompany (or be submitted with) the Report of Excess Real Property (Standard Form 118)?

    Yes, in all cases where Government-owned land is reported excess, 
Executive agencies must include a title report, prepared or approved by 
a qualified employee of the landholding agency, documenting the 
Government's title to the property.

                              Title Report



Sec.  102-75.125  What information must agencies include in the title report?

    When completing the title report, agencies must include--
    (a) The description of the property;
    (b) The date title vested in the United States;
    (c) All exceptions, reservations, conditions, and restrictions, 
relating to the title;
    (d) Detailed information concerning any action, thing, or 
circumstance that occurred from the date the United States acquired the 
property to the date of the report that in any way affected or may have 
affected the United States' right, title, or interest in and to the real 
property (including copies of legal comments or opinions discussing the 
manner in which and the extent to which such right, title, or interest 
may have been affected). In the absence of any such action, thing, or 
circumstance, a statement to that effect must be made a part of the 
report;

[[Page 265]]

    (e) The status of civil and criminal jurisdiction over the land that 
is peculiar to the property by reason of it being Government-owned land. 
In the absence of any special circumstances, a statement to that effect 
must be made a part of the report;
    (f) Detailed information regarding any known flood hazards or 
flooding of the property, and, if the property is located in a flood-
plain or on wetlands, a listing of restricted uses (along with the 
citations) identified in Federal, State, or local regulations as 
required by Executive Orders 11988 and 11990 of May 24, 1977;
    (g) The specific identification and description of fixtures and 
related personal property that have possible historic or artistic value;
    (h) The historical significance of the property and whether the 
property is listed, is eligible for, or has been nominated for listing 
in the National Register of Historic Places or is in proximity to a 
property listed in the National Register. If the landholding agency is 
aware of any effort by the public to have the property listed in the 
National Register, it must also include this information;
    (i) A description of the type, location, and condition of asbestos 
incorporated in the construction, repair, or alteration of any building 
or improvement on the property (e.g., fire-proofing, pipe insulation, 
etc.) and a description of any asbestos control measures taken for the 
property. Agencies must also provide to GSA any available indication of 
costs and/or time necessary to remove all or any portion of the 
asbestos-containing materials. Agencies are not required to conduct any 
specific studies and/or tests to obtain this information. (The 
provisions of this subpart do not apply to asbestos on Federal property 
that is subject to section 120(h) of the Superfund Amendments and 
Reauthorization Act of 1986, Public Law 99-499);
    (j) A statement indicating whether or not lead-based paint is 
present on the property. Additionally, if the property is target housing 
(all housing except housing for the elderly or persons with disabilities 
or any zero bedroom dwelling) constructed prior to 1978, provide a risk 
assessment and paint inspection report that details all lead-based paint 
hazards; and
    (k) A statement indicating whether or not, during the time the 
property was owned by the United States, any hazardous substance 
activity, as defined by regulations issued by the U.S. Environmental 
Protection Agency (EPA) at 40 CFR part 373, took place on the property. 
Hazardous substance activity includes situations where any hazardous 
substance was stored for one year or more, known to have been released, 
or disposed of on the property. Agencies reporting such property must 
review the regulations issued by EPA at 40 CFR part 373 for details on 
the information required and must comply with these requirements. In 
addition, agencies reporting such property shall review and comply with 
the regulations for the utilization and disposal of hazardous materials 
and certain categories of property set forth at 41 CFR part 101-42.



Sec.  102-75.130  If hazardous substance activity took place on the property, what specific information must an agency include in the title report?

    If hazardous substance activity took place on the property, the 
reporting agency must include information on the type and quantity of 
such hazardous substance and the time at which such storage, release, or 
disposal took place. The reporting agency must also advise the disposal 
agency if all remedial action necessary to protect human health and the 
environment with respect to any such hazardous substance activity was 
taken before the date the property was reported excess. If such action 
was not taken, the reporting agency must advise the disposal agency when 
such action will be completed or how the agency expects to comply with 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) in the disposal. See Sec. Sec.  102-75.340 and 102-75.345.



Sec.  102-75.135  If no hazardous substance activity took place on the property, what specific information must an agency include in the title report?

    If no hazardous substance activity took place, the reporting agency 
must include the following statement:


[[Page 266]]


    The (reporting agency) has determined, in accordance with 
regulations issued by EPA at 40 CFR part 373, that there is no evidence 
indicating that hazardous substance activity took place on the property 
during the time the property was owned by the United States.

                       Other Necessary Information



Sec.  102-75.140  In addition to the title report, and all necessary environmental information and certifications, what information must an Executive agency 
          transmit with the Report of Excess Real Property (Standard 
          Form 118)?

    Executive agencies must provide--
    (a) A legible, reproducible copy of all instruments in possession of 
the agency that affect the United States' right, title, or interest in 
the property reported or the use and operation of such property 
(including agreements covering and licenses to use, any patents, 
processes, techniques, or inventions). If it is impracticable to 
transmit the abstracts of title and related title evidence, agencies 
must provide the name and address of the custodian of such documents in 
the title report referred to in Sec.  102-75.120;
    (b) Any appraisal reports indicating or providing the fair market 
value or the fair annual rental of the property, if requested by the 
disposal agency; and
    (c) A certification by a responsible person that the property does 
or does not contain polychlorinated biphenyl (PCB) transformers or other 
equipment regulated by EPA under 40 CFR part 761, if requested by the 
disposal agency. If the property does contain any equipment subject to 
EPA regulation under 40 CFR part 761, the certification must include the 
landholding agency's assurance that each piece of equipment is now and 
will continue to be in compliance with the EPA regulations until 
disposal of the property.

                      Examination for Acceptability



Sec.  102-75.145  Is GSA required to review each report of excess?

    Yes, GSA must review each report of excess to ascertain whether the 
report was prepared according to the provisions of this part. GSA must 
notify the landholding agency, in writing, whether the report is 
acceptable or other information is needed within 15 calendar days after 
receipt of the report.



Sec.  102-75.150  What happens when GSA determines that the report of excess is adequate?

    When GSA determines that a report is adequate, GSA will accept the 
report and inform the landholding agency of the acceptance date. 
However, the landholding agency must, upon request, promptly furnish any 
additional information or documents relating to the property required by 
GSA to accomplish a transfer or a disposal.



Sec.  102-75.155  What happens if GSA determines that the report of excess is insufficient?

    Where GSA determines that a report is insufficient, GSA will return 
the report and inform the landholding agency of the facts and 
circumstances that make the report insufficient. The landholding agency 
must promptly take appropriate action to submit an acceptable report to 
GSA. If the landholding agency is unable to submit an acceptable report, 
the property will no longer be considered as excess property and the 
disposal agency will cease activity for the disposal of the property. 
However, GSA may accept the report of excess on a conditional basis and 
identify what deficiencies in the report must be corrected in order for 
the report to gain full acceptance.

                    Designation as Personal Property



Sec.  102-75.160  Should prefabricated movable structures be designated real or personal property for disposition purposes?

    Prefabricated movable structures such as Butler-type storage 
warehouses, Quonset huts, and house trailers (with or without 
undercarriages) reported to GSA along with the land on which they are 
located may, at GSA's discretion, be designated for disposition as 
personal property for off-site use or as real property for disposal with 
the land.

[[Page 267]]



Sec.  102-75.165  Should related personal property be designated real or personal property for disposition purposes?

    Related personal property may, at the disposal agency's discretion, 
be designated as personal property for disposal purposes. However, for 
fine artwork and sculptures, GSA's policy is that artwork specifically 
created for a Federal building is considered as a fixture of the 
building. This also applies to sculptures created for a Federal building 
or a public park. Disposal agencies must follow the policies and 
guidance for disposal of artwork and sculptures developed by the GSA 
Office of the Chief Architect, Center for Design Excellence and the 
Arts, and the Bulletin dated March 26, 1934, entitled ``Legal Title to 
Works Produced under the Public Works of Art Project.''



Sec.  102-75.170  What happens to the related personal property in a structure scheduled for demolition?

    When a structure is to be demolished, any fixtures or related 
personal property therein may, at the disposal agency's discretion, be 
designated for disposition as personal property where a ready 
disposition can be made of these items. As indicated in Sec.  102-
75.165, particular consideration should be given to designating items 
having possible historical or artistic value as personal property.

                                Transfers



Sec.  102-75.175  What are GSA's responsibilities regarding transfer requests?

    Before property can be transferred among Federal agencies, to mixed-
ownership Government corporations, and to the municipal government of 
the District of Columbia, GSA must determine that--
    (a) The transfer is in the best interest of the Government;
    (b) The requesting agency is the appropriate agency to hold the 
property; and
    (c) The proposed land use will maximize use of the real property, in 
terms of economy and efficiency, to minimize expenditures for the 
purchase of real property.
    (Note: See Subpart I--Screening of Excess Federal Real Property 
(Sec. Sec.  102-75.1220 through 102-75.1290) for information on 
screening and transfer requests.)



Sec.  102-75.180  May landholding agencies transfer excess real property without notifying GSA?

    Landholding agencies may, without notifying GSA, transfer excess 
real property that they use, occupy, or control under a lease, permit, 
license, easement, or similar instrument when--
    (a) The lease or other instrument is subject to termination by the 
grantor or owner of the premises within nine months;
    (b) The remaining term of the lease or other instrument, including 
renewal rights, will provide for less than nine months of use and 
occupancy; or
    (c) The lease or other instrument provides for use and occupancy of 
space for office, storage, and related facilities, which does not exceed 
a total of 2,500 square feet.



Sec.  102-75.185  In those instances where landholding agencies may transfer excess real property without notifying GSA, which policies must they follow?

    In those instances, landholding agencies must transfer property 
following the policies in this subpart.



Sec.  102-75.190  What amount must the transferee agency pay for the transfer of excess real property?

    The transferee agency must pay an amount equal to the property's 
fair market value (determined by the Administrator)--
    (a) Where the transferor agency has requested the net proceeds of 
the transfer pursuant to 40 U.S.C. 574; or
    (b) Where either the transferor or transferee agency (or 
organizational unit affected) is subject to the Government Corporation 
Control Act (31 U.S.C. 841), is a mixed-ownership Government 
corporation, or the municipal government of the District of Columbia.

[[Page 268]]



Sec.  102-75.195  If the transferor agency is a wholly owned Government corporation, what amount must the transferee agency pay?

    As may be agreed upon by GSA and the corporation, the transferee 
agency must pay an amount equal to--
    (a) The estimated fair market value of the property; or
    (b) The corporation's book value of the property.



Sec.  102-75.200  What amount must the transferee agency pay if property is being transferred for the purpose of upgrading the transferee agency's facilities?

    Where the transfer is for the purpose of upgrading facilities (i.e., 
for the purpose of replacing other property of the transferee agency, 
which because of the location, nature, or condition thereof, is less 
efficient for use), the transferee must pay an amount equal to the 
difference between the fair market value of the property to be replaced 
and the fair market value of the property requested, as determined by 
the Administrator.



Sec.  102-75.205  Are transfers ever made without reimbursement by the transferee agency?

    Transfers may be made without reimbursement by the transferee agency 
only if--
    (a) Congress has specifically authorized the transfer without 
reimbursement, or
    (b) The Administrator, with the approval of the Director of the 
Office of Management and Budget (OMB), has approved a request for an 
exception from the 100 percent reimbursement requirement.



Sec.  102-75.210  What must a transferee agency include in its request for an exception from the 100 percent reimbursement requirement?

    The request must include an explanation of how granting the 
exception would further essential agency program objectives and at the 
same time be consistent with Executive Order 12512, Federal Real 
Property Management, dated April 29, 1985. The transferee agency must 
attach the explanation to the Request for Transfer of Excess Real and 
Related Personal Property (GSA Form 1334) prior to submitting the form 
to GSA. The unavailability of funds alone is not sufficient to justify 
an exception.



Sec.  102-75.215  Who must endorse requests for exception to the 100 percent reimbursement requirement?

    Agency heads must endorse requests for exceptions to the 100 percent 
reimbursement requirement.



Sec.  102-75.220  Where should an agency send a request for exception to the 100 percent reimbursement requirement?

    Agencies must submit all requests for exception from the 100 percent 
reimbursement requirement to the appropriate GSA regional property 
disposal office.



Sec.  102-75.225  Who must review and approve a request for exception from the 100 percent reimbursement requirement?

    The Administrator must review all requests for exception from the 
100 percent reimbursement requirement. If the Administrator approves the 
request, it is then submitted to OMB for final concurrence. If OMB 
approves the request, then GSA may complete the transfer.



Sec.  102-75.230  Who is responsible for property protection and maintenance costs while the request for exception is being reviewed?

    The agency requesting the property will assume responsibility for 
protection and maintenance costs not more than 40 days from the date of 
the Administrator's letter to OMB requesting concurrence for an 
exception to the 100 percent reimbursement requirement. If the request 
is denied, the requesting agency may pay the fair market value for the 
property or withdraw its request. If the request is withdrawn, 
responsibility for protection and maintenance cost will return to the 
landholding agency at that time.



Sec.  102-75.235  May disposal agencies transfer excess property to the Senate, the House of Representatives, and the Architect of the Capitol?

    Yes, disposal agencies may transfer excess property to the Senate, 
the

[[Page 269]]

House of Representatives, and the Architect of the Capitol and any 
activities under his or her direction, pursuant to the provisions of 40 
U.S.C. 113(d). The amount of reimbursement for such transfer must be the 
same as would be required for a transfer of excess property to an 
Executive agency under similar circumstances.

                          Temporary Utilization



Sec.  102-75.240  May excess real property be temporarily assigned/reassigned?

    Yes, whenever GSA determines that it is more advantageous to assign 
property temporarily rather than permanently, it may do so. If the space 
is for office, storage, or related facilities, GSA will determine the 
length of the assignment/reassignment. Agencies are required to 
reimburse the landholding agency (or GSA, if GSA has become responsible 
for seeking an appropriation for protection and maintenance expenses) 
(see Sec.  102-75.970) for protection and maintenance expenses. GSA may 
also temporarily assign/reassign excess real property for uses other 
than storage, office or related facilities. In such cases, the agency 
receiving the temporary assignment may be required to pay a rental or 
users charge based upon the fair market value of the property, as 
determined by GSA. If the property will be required by the agency for a 
period of more than 1 year, it may be transferred on a conditional 
basis, with an understanding that the property will be reported excess 
at an agreed upon time (see Sec.  102-75.85). The requesting agency is 
responsible for protection and maintenance expenses.

               Non-Federal Interim Use of Excess Property



Sec.  102-75.245  When can landholding agencies grant rights for non-Federal interim use of excess property reported to GSA?

    Landholding agencies, upon approval from GSA, may grant rights for 
non-Federal interim use of excess property reported to GSA, when it is 
determined that such excess property is not required for the needs of 
any Federal agency and when the interim use will not impair the ability 
to dispose of the property.



                Subpart C_Surplus Real Property Disposal



Sec.  102-75.250  What general policy must the disposal agency follow concerning the disposal of surplus property?

    The disposal agency must dispose of surplus real property--
    (a) In the most economical manner consistent with the best interests 
of the Government; and
    (b) Ordinarily for cash, consistent with the best interests of the 
Government.



Sec.  102-75.255  What are disposal agencies' specific responsibilities concerning the disposal of surplus property?

    The disposal agency must determine that there is no further Federal 
need or requirement for the excess real property and the property is 
surplus to the needs of the Federal Government. After reaching this 
determination, the disposal agency must expeditiously make the surplus 
property available for acquisition by State and local governmental units 
and non-profit institutions (see Sec.  102-75.350) or for sale by public 
advertising, negotiation, or other disposal action. The disposal agency 
must consider the availability of real property for public purposes on a 
case-by-case basis, based on highest and best use and estimated fair 
market value. Where hazardous substance activity is identified, see 
Sec. Sec.  102-75.340 and 102-75.345 for required information that the 
disposal agency must incorporate into the offer to purchase and 
conveyance document.



Sec.  102-75.260  When may the disposal agency dispose of surplus real property by exchange for privately owned property?

    The disposal agency may dispose of surplus real property by exchange 
for privately owned property for property management considerations such 
as boundary realignment or for providing access. The disposal agency may 
also dispose of surplus real property by exchange for privately owned 
property

[[Page 270]]

where authorized by law, when the requesting Federal agency receives 
approval from the Office of Management and Budget and the appropriate 
oversight committees, and where the transaction offers substantial 
economic or unique program advantages not otherwise obtainable by any 
other acquisition method.



Sec.  102-75.265  Are conveyance documents required to identify all agreements and representations concerning property restrictions and conditions?

    Yes, conveyance documents must identify all agreements and 
representations concerning restrictions and conditions affecting the 
property's future use, maintenance, or transfer.

                     Applicability of Antitrust Laws



Sec.  102-75.270  Must antitrust laws be considered when disposing of property?

    Yes, antitrust laws must be considered in any case in which there is 
contemplated a disposal to any private interest of--
    (a) Real and related personal property that has an estimated fair 
market value of $3 million or more; or
    (b) Patents, processes, techniques, or inventions, irrespective of 
cost.



Sec.  102-75.275  Who determines whether the proposed disposal would create or maintain a situation inconsistent with antitrust laws?

    The Attorney General determines whether the proposed disposal would 
create or maintain a situation inconsistent with antitrust laws.



Sec.  102-75.280  What information concerning a proposed disposal must a disposal agency provide to the Attorney General to determine the applicability of 
          antitrust laws?

    The disposal agency must promptly provide the Attorney General with 
notice of any such proposed disposal and the probable terms or 
conditions, as required by 40 U.S.C. 559. If notice is given by any 
disposal agency other than GSA, a copy of the notice must also be 
provided simultaneously to the GSA Regional Office in which the property 
is located. Upon request, a disposal agency must furnish information 
that the Attorney General believes to be necessary in determining 
whether the proposed disposition or any other disposition of surplus 
real property violates or would violate any of the antitrust laws.



Sec.  102-75.285  Can a disposal agency dispose of real property to a private interest specified in Sec.  102-75.270 before advice is received from the Attorney 
          General?

    No, advice from the Attorney General must be received before 
disposing of real property.

                       Disposals Under Other Laws



Sec.  102-75.290  Can disposals of real property be made under authority of laws other than Chapter 5 of Subtitle I of Title 40 of the United States Code?

    Except for disposals specifically authorized by special legislation, 
disposals of real property must be made only under the authority of 
Chapter 5 of Subtitle I of Title 40 of the United States Code. However, 
the Administrator of General Services can evaluate, on a case-by-case 
basis, the disposal provisions of any other law to determine consistency 
with the authority conferred by Title 40. The provisions of this section 
do not apply to disposals of real property authorized to be made by 40 
U.S.C. 113 or by any special statute that directs or requires an 
Executive agency named in the law to transfer or convey specifically 
described real property in accordance with the provisions of that 
statute.

                            Credit Disposals



Sec.  102-75.295  What is the policy on extending credit in connection with the disposal of surplus property?

    The disposal agency--
    (a) May extend credit in connection with any disposal of surplus 
property when it determines that credit terms are necessary to avoid 
reducing the salability of the property and potential obtainable price 
and, when below market rates are extended, confer with the Office of 
Management and Budget to determine if the Federal Credit Reform

[[Page 271]]

Act of 1990 is applicable to the transaction;
    (b) Must administer and manage the credit disposal and any related 
security;
    (c) May enforce, adjust, or settle any right of the Government with 
respect to extending credit in a manner and with terms that are in the 
best interests of the Government; and
    (d) Must include provisions in the conveyance documents that 
obligate the purchaser, where a sale is made upon credit, to obtain the 
disposal agency's prior written approval before reselling or leasing the 
property. The purchaser's credit obligations to the United States must 
be fulfilled before the disposal agency may approve the resale of the 
property.

                    Designation of Disposal Agencies



Sec.  102-75.296  When may a landholding agency other than GSA be the disposal agency for real and related personal property?

    A landholding agency may be the disposal agency for real and related 
personal property when--
    (a) The agency has statutory authority to dispose of real and 
related personal property;
    (b) The agency has delegated authority from GSA to dispose of real 
and related personal property; or
    (c) The agency is disposing of--
    (1) Leases, licenses, permits, easements, and other similar real 
estate interests held by agencies in non-Government-owned real property;
    (2) Government-owned improvements, including fixtures, structures, 
and other improvements of any kind as long as the underlying land is not 
being disposed; or
    (3) Standing timber, embedded gravel, sand, stone, and underground 
water, without the underlying land.



Sec.  102-75.297  Are there any exceptions to when landholding agencies can serve as the disposal agency?

    Yes, landholding agencies may not serve as the disposal agency 
when--
    (a) Either the landholding agency or GSA determines that the 
Government's best interests are served by disposing of leases, licenses, 
permits, easements and similar real estate interests together with other 
property owned or controlled by the Government that has been or will be 
reported to GSA, or
    (b) Government-owned machinery and equipment being used by a 
contractor-operator will be sold to a contractor-operator.



Sec.  102-75.298  Can agencies request that GSA be the disposal agency for real property and real property interests described in Sec.  102-75.296?

    Yes. If requested, GSA, at its discretion, may be the disposal 
agency for such real property and real property interests.



Sec.  102-75.299  What are landholding agencies' responsibilities if GSA conducts the disposal?

    Landholding agencies are and remain responsible for all rental/lease 
payments until the lease expires or is terminated. Landholding agencies 
are responsible for paying any restoration or other direct costs 
incurred by the Government associated with termination of a lease, and 
for paying any demolition and removal costs not offset by the sale of 
the property. (See also Sec.  102-75.965.)

                                Appraisal



Sec.  102-75.300  Are appraisals required for all real property disposal transactions?

    Generally, yes, appraisals are required for all real property 
disposal transactions, except when--
    (a) An appraisal will serve no useful purpose (e.g., legislation 
authorizes conveyance without monetary consideration or at a fixed 
price). This exception does not apply to negotiated sales to public 
agencies intending to use the property for a public purpose not covered 
by any of the special disposal provisions in subpart C of this part; or
    (b) The estimated fair market value of property to be offered on a 
competitive sale basis does not exceed $300,000.



Sec.  102-75.305  What type of appraisal value must be obtained for real property disposal transactions?

    For all real property transactions requiring appraisals, agencies 
must obtain, as appropriate, an appraisal of either the fair market 
value or the fair

[[Page 272]]

annual rental value of the property available for disposal.



Sec.  102-75.310  Who must agencies use to appraise the real property?

    Agencies must use only experienced and qualified real estate 
appraisers familiar with the types of property to be appraised when 
conducting the appraisal. When an appraisal is required for negotiation 
purposes, the same standard applies. However, agencies may authorize 
other methods of obtaining an estimate of the fair market value or the 
fair annual rental when the cost of obtaining that data from a contract 
appraiser would be out of proportion to the expected recoverable value 
of the property.



Sec.  102-75.315  Are appraisers authorized to consider the effect of historic covenants on the fair market value?

    Yes, appraisers are authorized to consider the effect of historic 
covenants on the fair market value, if the property is in or eligible 
for listing in the National Register of Historic Places.



Sec.  102-75.320  Does appraisal information need to be kept confidential?

    Yes, appraisals, appraisal reports, appraisal analyses, and other 
pre-decisional appraisal documents are confidential and can only be used 
by authorized Government personnel who can substantiate the need to know 
this information. Appraisal information must not be divulged prior to 
the delivery and acceptance of the deed. Any persons engaged to collect 
or evaluate appraisal information must certify that--
    (a) They have no direct or indirect interest in the property; and
    (b) The report was prepared and submitted without bias or influence.

                               Inspection



Sec.  102-75.325  What responsibility does the landholding agency have to provide persons the opportunity to inspect available surplus property?

    Landholding agencies should provide all persons interested in 
acquiring available surplus property with the opportunity to make a 
complete inspection of the property, including any available inventory 
records, plans, specifications, and engineering reports that relate to 
the property. These inspections are subject to any necessary national 
security restrictions and are subject to the disposal agency's rules. 
(See Sec. Sec.  102-75.335 and 102-75.985.)

                Submission of Offers To Purchase or Lease



Sec.  102-75.330  What form must all offers to purchase or lease be in?

    All offers to purchase or lease must be in writing, accompanied by 
any required earnest money deposit, using the form prescribed by the 
disposal agency. In addition to the financial terms upon which the offer 
is predicated, the offer must set forth the willingness of the offeror 
to abide by the terms, conditions, reservations, and restrictions upon 
which the property is offered, and must contain such other information 
as the disposal agency may request.

                     Provisions Relating to Asbestos



Sec.  102-75.335  Where asbestos is identified, what information must the disposal agency incorporate into the offer to purchase and the conveyance document?

    Where the existence of asbestos on the property has been brought to 
the attention of the disposal agency by the Report of Excess Real 
Property (Standard Form 118) information provided (see Sec.  102-
75.125), the disposal agency must incorporate this information (less any 
cost or time estimates to remove the asbestos-containing materials) into 
any offer to purchase and conveyance document and include the following 
wording:

    Notice of the Presence of Asbestos--Warning!
    (a) The Purchaser is warned that the property offered for sale 
contains asbestos-containing materials. Unprotected or unregulated 
exposures to asbestos in product manufacturing, shipyard, and building 
construction workplaces have been associated with asbestos-related 
diseases. Both the U.S. Occupational Safety and Health Administration 
(OSHA) and the U.S. Environmental Protection Agency (EPA) regulate 
asbestos because of the potential hazards associated with exposure to 
airborne asbestos fibers. Both OSHA and EPA have determined that such 
exposure increases the risk of asbestos-

[[Page 273]]

related diseases, which include certain cancers and which can result in 
disability or death.
    (b) Bidders (offerors) are invited, urged and cautioned to inspect 
the property to be sold prior to submitting a bid (offer). More 
particularly, bidders (offerors) are invited, urged and cautioned to 
inspect the property as to its asbestos content and condition and any 
hazardous or environmental conditions relating thereto. The disposal 
agency will assist bidders (offerors) in obtaining any authorization(s) 
that may be required in order to carry out any such inspection(s). 
Bidders (offerors) shall be deemed to have relied solely on their own 
judgment in assessing the overall condition of all or any portion of the 
property including, without limitation, any asbestos hazards or 
concerns.
    (c) No warranties either express or implied are given with regard to 
the condition of the property including, without limitation, whether the 
property does or does not contain asbestos or is or is not safe for a 
particular purpose. The failure of any bidder (offeror) to inspect, or 
to be fully informed as to the condition of all or any portion of the 
property offered, will not constitute grounds for any claim or demand 
for adjustment or withdrawal of a bid or offer after its opening or 
tender.
    (d) The description of the property set forth in the Invitation for 
Bids (Offer to Purchase) and any other information provided therein with 
respect to said property is based on the best information available to 
the disposal agency and is believed to be correct, but an error or 
omission, including, but not limited to, the omission of any information 
available to the agency having custody over the property and/or any 
other Federal agency, shall not constitute grounds or reason for 
nonperformance of the contract of sale, or any claim by the Purchaser 
against the Government including, without limitation, any claim for 
allowance, refund, or deduction from the purchase price.
    (e) The Government assumes no liability for damages for personal 
injury, illness, disability, or death, to the Purchaser, or to the 
Purchaser's successors, assigns, employees, invitees, or any other 
person subject to Purchaser's control or direction, or to any other 
person, including members of the general public, arising from or 
incident to the purchase, transportation, removal, handling, use, 
disposition, or other activity causing or leading to contact of any kind 
whatsoever with asbestos on the property that is the subject of this 
sale, whether the Purchaser, its successors or assigns has or have 
properly warned or failed properly to warn the individual(s) injured.
    (f) The Purchaser further agrees that, in its use and occupancy of 
the property, it will comply with all Federal, State, and local laws 
relating to asbestos.

           Provisions Relating to Hazardous Substance Activity



Sec.  102-75.340  Where hazardous substance activity has been identified on property proposed for disposal, what information must the disposal agency 
          incorporate into the offer to purchase and the conveyance 
          document?

    Where the existence of hazardous substance activity has been brought 
to the attention of the disposal agency by the Report of Excess Real 
Property (Standard Form 118) information provided (see Sec. Sec.  102-
75.125 and 102-75.130), the disposal agency must incorporate this 
information into any offer to purchase and conveyance document. In any 
offer to purchase and conveyance document, disposal agencies, generally, 
must also address the following (specific recommended language that 
addresses the following issues can be found in the GSA Customer Guide to 
Real Property Disposal):
    (a) Notice of all hazardous substance activity identified as a 
result of a complete search of agency records by the landholding agency.
    (b) A statement, certified by a responsible landholding agency 
official in the Report of Excess Real Property, that all remedial 
actions necessary to protect human health and the environment with 
regard to such hazardous substance activity have been taken (this is not 
required in the offer to purchase or conveyance document in the case of 
a transfer of property under the authority of section 120(h)(3)(C) of 
CERCLA, or the Early Transfer Authority, or a conveyance to a 
``potentially responsible party'', as defined by CERCLA (see 102-
75.345)).
    (c) A commitment, on behalf of the United States, to return to 
correct any hazardous condition discovered after the conveyance that 
results from hazardous substance activity prior to the date of 
conveyance.
    (d) A reservation by the United States of a right of access in order 
to accomplish any further remedial actions required in the future.

[[Page 274]]



Sec.  102-75.345  What is different about the statements in the offer to purchase and conveyance document if the sale is to a potentially responsible party with 
          respect to the hazardous substance activity?

    In the case where the purchaser or grantee is a potentially 
responsible party (PRP) with respect to hazardous substance activity on 
the property under consideration, the United States is no longer under a 
general obligation to certify that the property has been successfully 
remediated, or to commit to return to the property to address 
contamination that is discovered in the future. Therefore, the 
statements of responsibility and commitments on behalf of the United 
States referenced in Sec.  102-75.340 should not be used. Instead, 
language should be included in the offer to purchase and conveyance 
document that is consistent with any agreement that has been reached 
between the landholding agency and the PRP with regard to prior 
hazardous substance activity.

                       Public Benefit Conveyances



Sec.  102-75.350  What are disposal agencies' responsibilities concerning public benefit conveyances?

    Based on a highest and best use analysis, disposal agencies may make 
surplus real property available to State and local governments and 
certain non-profit institutions or organizations at up to 100 percent 
public benefit discount for public benefit purposes. Some examples of 
such purposes are education, health, park and recreation, the homeless, 
historic monuments, public airports, highways, correctional facilities, 
ports, and wildlife conservation. The implementing regulations for these 
conveyances are found in this subpart.



Sec.  102-75.351  May the disposal agency waive screening for public benefit conveyances?

    All properties, consistent with the highest and best use analysis, 
will normally be screened for public benefit uses. However, the disposal 
agency may waive public benefit screening, with the exception of the 
mandatory McKinney-Vento homeless screening, for specific property 
disposal considerations, e.g., when a property has been reported excess 
for exchange purposes.



Sec.  102-75.355  What clause must be in the offer to purchase and the conveyance documents for public benefit conveyances?

    Executive agencies must include in the offer to purchase and 
conveyance documents the non-discrimination clause in Sec.  102-75.360 
for public benefit conveyances.



Sec.  102-75.360  What wording must be in the non-discrimination clause that is required in the offer to purchase and in the conveyance document?

    The wording of the non-discrimination clause must be as follows:

    The Grantee covenants for itself, its heirs, successors, and assigns 
and every successor in interest to the property hereby conveyed, or any 
part thereof, that the said Grantee and such heirs, successors, and 
assigns shall not discriminate upon the basis of race, creed, color, 
religion, sex, disability, age, or national origin in the use, 
occupancy, sale, or lease of the property, or in their employment 
practices conducted thereon. This covenant shall not apply, however, to 
the lease or rental of a room or rooms within a family dwelling unit; 
nor shall it apply with respect to religion to premises used primarily 
for religious purposes. The United States of America shall be deemed a 
beneficiary of this covenant without regard to whether it remains the 
owner of any land or interest therein in the locality of the property 
hereby conveyed and shall have the sole right to enforce this covenant 
in any court of competent jurisdiction.

                        Power Transmission Lines



Sec.  102-75.365  Do disposal agencies have to notify State entities and Government agencies that a surplus power transmission line and right-of-way is 
          available?

    Yes, disposal agencies must notify State entities and Government 
agencies of the availability of a surplus power transmission line and 
right-of-way.

[[Page 275]]



Sec.  102-75.370  May a State, or any political subdivision thereof, certify to a disposal agency that it needs a surplus power transmission line and the right-
          of-way acquired for its construction to meet the requirements 
          of a public or cooperative power project?

    Yes, section 13(d) of the Surplus Property Act of 1944 (50 U.S.C. 
App. 1622(d)) allows any State or political subdivision, or any State or 
Government agency or instrumentality to certify to the disposal agency 
that a surplus power transmission line and the right-of-way acquired for 
its construction is needed to meet the requirements of a public or 
cooperative power project.



Sec.  102-75.375  What happens once a State, or political subdivision, certifies that it needs a surplus power transmission line and the right-of-way acquired 
          for its construction to meet the requirements of a public or 
          cooperative power project?

    Generally, once a State or political subdivision certifies that it 
needs a surplus power transmission line and the right-of-way, the 
disposal agency may sell the property to the state, or political 
subdivision thereof, at the fair market value. However, if a sale of a 
surplus transmission line cannot be accomplished because of the price to 
be charged, or other reasons, and the certification by the State or 
political subdivision is not withdrawn, the disposal agency must report 
the facts involved to the Administrator of General Services, to 
determine what further action will or should be taken to dispose of the 
property.



Sec.  102-75.380  May power transmission lines and rights-of-way be disposed of in other ways?

    Yes, power transmission lines and rights-of-way not disposed of by 
sale for fair market value may be disposed of following other applicable 
provisions of this part, including, if appropriate, reclassification by 
the disposal agency.

                      Property for Public Airports



Sec.  102-75.385  Do disposal agencies have the responsibility to notify eligible public agencies that airport property has been determined to be surplus?

    Yes, the disposal agency must notify eligible public agencies that 
property currently used as or suitable for use as a public airport under 
the Surplus Property Act of 1944, as amended, has been determined to be 
surplus. A copy of the landholding agency's Report of Excess Real 
Property (Standard Form 118, with accompanying schedules) must be 
transmitted with the copy of the surplus property notice sent to the 
appropriate regional office of the Federal Aviation Administration 
(FAA). The FAA must furnish an application form and instructions for the 
preparation of an application to eligible public agencies upon request.



Sec.  102-75.390  What does the term ``surplus airport property'' mean?

    For the purposes of this part, surplus airport property is any 
surplus real property including improvements and personal property 
included as a part of the operating unit that the Administrator of FAA 
deems is--
    (a) Essential, suitable, or desirable for the development, 
improvement, operation, or maintenance of a public airport, as defined 
in the Federal Airport Act, as amended (49 U.S.C. 1101); or
    (b) Reasonably necessary to fulfill the immediate and foreseeable 
future requirements of the grantee for the development, improvement, 
operation, or maintenance of a public airport, including property needed 
to develop sources of revenue from non-aviation businesses at a public 
airport. Approval for non-aviation revenue-producing areas may only be 
given for such areas as are anticipated to generate net proceeds that do 
not exceed expected deficits for operation of the aviation area applied 
for at the airport.



Sec.  102-75.395  May surplus airport property be conveyed or disposed of to a State, political subdivision, municipality, or tax-supported institution for a 
          public airport?

    Yes, section 13(g) of the Surplus Property Act of 1944 (49 U.S.C. 
Sec.  47151)

[[Page 276]]

authorizes the disposal agency to convey or dispose of surplus airport 
property to a State, political subdivision, municipality, or tax-
supported institution for use as a public airport.



Sec.  102-75.400  Is industrial property located on an airport also considered to be ``airport property''?

    No, if the Administrator of General Services determines that a 
property's highest and best use is industrial, then the property must be 
classified as such for disposal without regard to the public benefit 
conveyance provisions of this subpart.



Sec.  102-75.405  What responsibilities does the Federal Aviation Administration (FAA) have after receiving a copy of the notice (and a copy of the Report of 
          Excess Real Property (Standard Form 118)) given to eligible 
          public agencies that there is surplus airport property?

    As soon as possible after receiving the copy of the surplus notice, 
the FAA must inform the disposal agency of its determination. Then, the 
FAA must provide assistance to any eligible public agency known to have 
a need for the property for a public airport, so that the public agency 
may develop a comprehensive and coordinated plan of use and procurement 
for the property.



Sec.  102-75.410  What action must the disposal agency take after an eligible public agency has submitted a plan of use and application to acquire property for 
          a public airport?

    After an eligible public agency submits a plan of use and 
application, the disposal agency must transmit two copies of the plan 
and two copies of the application to the appropriate FAA regional 
office. The FAA must promptly submit a recommendation to the disposal 
agency for disposal of the property for a public airport or must inform 
the disposal agency that no such recommendation will be submitted.



Sec.  102-75.415  What happens after the disposal agency receives the FAA's recommendation for disposal of the property for a public airport?

    The head of the disposal agency, or his or her designee, may convey 
property approved by the FAA for use as a public airport to the eligible 
public agency, subject to the provisions of the Surplus Property Act of 
1944, as amended.



Sec.  102-75.420  What happens if the FAA informs the disposal agency that it does not recommend disposal of the property for a public airport?

    Any airport property that the FAA does not recommend for disposal as 
a public airport must be disposed of in accordance with other applicable 
provisions of this part. However, the disposal agency must first notify 
the landholding agency of its inability to dispose of the property for 
use as a public airport. In addition, the disposal agency must allow the 
landholding agency 30 days to withdraw the property from surplus or to 
waive any future interest in the property for public airport use.



Sec.  102-75.425  Who has sole responsibility for enforcing compliance with the terms and conditions of disposal for property disposed of for use as a public 
          airport?

    The Administrator of the FAA has the sole responsibility for 
enforcing compliance with the terms and conditions of disposals to be 
used as a public airport. The FAA is also responsible for reforming, 
correcting, or amending any disposal instruments; granting releases; and 
any action necessary for recapturing the property, using the provisions 
of 49 U.S.C. 47101 et seq.



Sec.  102-75.430  What happens if property conveyed for use as a public airport is revested in the United States?

    If property that was conveyed for use as a public airport is 
revested in the United States for noncompliance with the terms of the 
disposal, or other cause, the Administrator of the FAA must be 
accountable for the property and must report the property to GSA as 
excess property following the provisions of this part.



Sec.  102-75.435  Does the Airport and Airway Development Act of 1970, as amended (Airport Act of 1970), apply to the transfer of airports to State and local 
          agencies?

    No, the Airport and Airway Development Act of 1970, as amended (49 
U.S.C. 47101-47131) (Airport Act of 1970), does

[[Page 277]]

not apply to the transfer of airports to State and local agencies. The 
transfer of airports to State and local agencies may be made only under 
section 13(g) of the Surplus Property Act of 1944 (49 U.S.C. 47151-
47153). Only property that the landholding agency determines cannot be 
reported excess to GSA for disposal under Title 40, but nevertheless may 
be made available for use by a State or local public body as a public 
airport without being inconsistent with the Federal program of the 
landholding agency, may be conveyed under the Airport Act of 1970. In 
the latter instance, the Airport Act of 1970 may be used to transfer 
non-excess land for airport development purposes provided it does not 
constitute an entire airport. An entire, existing and established 
airport can only be disposed of to a State or eligible local government 
under section 13(g) of the Surplus Property Act of 1944.

                 Property for Use as Historic Monuments



Sec.  102-75.440  Who must disposal agencies notify that surplus property is available for historic monument use?

    Disposal agencies must notify State and area wide clearinghouses and 
eligible public agencies that property that may be conveyed for use as a 
historic monument has been determined to be surplus. A copy of the 
landholding agency's Report of Excess Real Property (Standard Form 118) 
with accompanying schedules must be transmitted with the copy of each 
notice that is sent to the appropriate regional or field offices of the 
National Park Service (NPS) of the Department of the Interior (DOI).



Sec.  102-75.445  Who can convey surplus real and related personal property for historic monument use?

    A disposal agency may convey surplus real and related personal 
property for use as a historic monument, without monetary consideration, 
to any State, political subdivision, instrumentality thereof, or 
municipality, for the benefit of the public, provided the Secretary of 
the Interior has determined that the property is suitable and desirable 
for such use.



Sec.  102-75.450  What type of property is suitable or desirable for use as a historic monument?

    Only property conforming with the recommendation of the Advisory 
Board on National Parks, Historic Sites, Buildings, and Monuments shall 
be determined to be suitable or desirable for use as a historic 
monument.



Sec.  102-75.455  May historic monuments be used for revenue-producing activities?

    The disposal agency may authorize the use of historic monuments 
conveyed under 40 U.S.C. 550(h) or the Surplus Property Act of 1944, as 
amended, for revenue-producing activities, if the Secretary of the 
Interior--
    (a) Determines that the activities, described in the applicant's 
proposed program of use, are compatible with the use of the property for 
historic monument purposes;
    (b) Approves the grantee's plan for repair, rehabilitation, 
restoration, and maintenance of the property;
    (c) Approves the grantee's plan for financing the repair, 
rehabilitation, restoration, and maintenance of the property. DOI must 
not approve the plan unless it provides that all income in excess of 
costs of repair, rehabilitation, restoration, maintenance, and a 
specified reasonable profit or payment that may accrue to a lessor, 
sublessor, or developer in connection with the management, operation, or 
development of the property for revenue producing activities, is used by 
the grantee, lessor, sublessor, or developer, only for public historic 
preservation, park, or recreational purposes; and
    (d) Examines and approves the grantee's accounting and financial 
procedures for recording and reporting on revenue-producing activities.



Sec.  102-75.460  What information must disposal agencies furnish eligible public agencies?

    Upon request, the disposal agency must furnish eligible public 
agencies with adequate preliminary property information and, with the 
landholding agency's cooperation, provide assistance to enable public 
agencies to obtain adequate property information.

[[Page 278]]



Sec.  102-75.465  What information must eligible public agencies interested in acquiring real property for use as a historic monument submit to the appropriate 
          regional or field offices of the National Park Service (NPS) 
          of the Department of the Interior (DOI)?

    Eligible public agencies must submit the original and two copies of 
the completed application to acquire real property for use as a historic 
monument to the appropriate regional or field offices of NPS, which will 
forward one copy of the application to the appropriate regional office 
of the disposal agency.



Sec.  102-75.470  What action must NPS take after an eligible public agency has submitted an application for conveyance of surplus property for use as a 
          historic monument?

    NPS must promptly--
    (a) Submit the Secretary of the Interior's determination to the 
disposal agency; or
    (b) Inform the disposal agency that no such recommendation will be 
submitted.



Sec.  102-75.475  What happens after the disposal agency receives the Secretary of the Interior's determination for disposal of the surplus property for a 
          historic monument and compatible revenue-producing activities?

    The head of the disposal agency or his or her designee may convey to 
an eligible public agency surplus property determined by the Secretary 
of the Interior to be suitable and desirable for use as a historic 
monument for the benefit of the public and for compatible revenue-
producing activities subject to the provisions of 40 U.S.C. 550(h).



Sec.  102-75.480  Who has the responsibility for enforcing compliance with the terms and conditions of disposal for surplus property conveyed for use as a 
          historic monument?

    The Secretary of the Interior has the responsibility for enforcing 
compliance with the terms and conditions of such a disposal. DOI is also 
responsible for reforming, correcting, or amending any disposal 
instrument; granting releases; and any action necessary for recapturing 
the property using the provisions of 40 U.S.C. 550(b). The actions are 
subject to the approval of the head of the disposal agency.



Sec.  102-75.485  What happens if property that was conveyed for use as a historic monument is revested in the United States?

    In such a case, DOI must notify the appropriate GSA Public Buildings 
Service (PBS) Regional Office immediately by letter when title to the 
historic property is to be revested in the United States for 
noncompliance with the terms and conditions of disposal or for other 
cause. The notification must cite the legal and administrative actions 
that DOI must take to obtain full title and possession of the property. 
In addition, it must include an adequate description of the property, 
including any improvements constructed since the original conveyance to 
the grantee. After receiving a statement from DOI that title to the 
property is proposed for revesting, GSA will review the statement and 
determine if title should be revested. If GSA, in consultation with DOI, 
determines that the property should be revested, DOI must submit a 
Report of Excess Real Property, Standard Form 118 to GSA. GSA will 
review and act upon the Standard Form 118, if acceptable. However, the 
grantee must provide protection and maintenance of the property until 
the title reverts to the Federal Government, including the period of the 
notice of intent to revert. Such protection and maintenance must, at a 
minimum, conform to the standards prescribed in the GSA Customer Guide 
to Real Property Disposal.

           Property for Educational and Public Health Purposes



Sec.  102-75.490  Who must notify eligible public agencies that surplus real property for educational and public health purposes is available?

    The disposal agency must notify eligible public agencies that 
surplus property is available for educational and/or public health 
purposes. The notice must require that any plans for an educational or 
public health use, resulting from the development of the comprehensive 
and coordinated plan of use and procurement for the property,

[[Page 279]]

must be coordinated with the Department of Education (ED) or the 
Department of Health and Human Services (HHS), as appropriate. The 
notice must also let eligible public agencies know where to obtain the 
applications, instructions for preparing them, and where to submit the 
application. The requirement for educational or public health use of the 
property by an eligible public agency is contingent upon the disposal 
agency's approval, under Sec.  102-75.515, of a recommendation for 
assignment of Federal surplus real property received from ED or HHS. 
Further, any subsequent transfer is subject to the approval of the head 
of the disposal agency as stipulated under 40 U.S.C. 550(c) or (d) and 
referenced in Sec.  102-75.535.



Sec.  102-75.495  May the Department of Education (ED) or the Department of Health and Human Services (HHS) notify nonprofit organizations that surplus real 
          property and related personal property is available for 
          educational and public health purposes?

    Yes, ED or HHS may notify eligible non-profit institutions that such 
property has been determined to be surplus. Notices to eligible non-
profit institutions must require eligible non-profit institutions to 
coordinate any request for educational or public health use of the 
property with the appropriate public agency responsible for developing 
and submitting a comprehensive and coordinated plan of use and 
procurement for the property.



Sec.  102-75.500  Which Federal agencies may the head of the disposal agency (or his or her designee) assign for disposal surplus real property to be used for 
          educational and public health purposes?

    The head of the disposal agency or his designee may--
    (a) Assign to the Secretary of ED for disposal under 40 U.S.C. 
550(c) surplus real property, including buildings, fixtures, and 
equipment, as recommended by the Secretary as being needed for school, 
classroom, or other educational use; or
    (b) Assign to the Secretary of HHS for disposal under 40 U.S.C. 550 
(d) such surplus real property, including buildings, fixtures, and 
equipment situated thereon, as recommended by the Secretary as being 
needed for use in the protection of public health, including research.



Sec.  102-75.505  Is the request for educational or public health use of a property by an eligible nonprofit institution contingent upon the disposal agency's 
          approval?

    Yes, eligible non-profit organizations will only receive surplus 
real property for an educational or public health use if the disposal 
agency approves or grants the assignment request from either ED or HHS. 
The disposal agency will also consider other uses for available surplus 
real property, taking into account the highest and best use 
determination. Any subsequent transfer is subject to the approval of the 
head of the disposal agency as stipulated under 40 U.S.C. 550(c) or (d) 
and referenced in this part.



Sec.  102-75.510  When must the Department of Education and the Department of Health and Human Services notify the disposal agency that an eligible applicant is 
          interested in acquiring the property?

    ED and HHS must notify the disposal agency if it has an eligible 
applicant interested in acquiring the property within 30 calendar days 
after the date of the surplus notice. Then, after the 30-day period 
expires, ED or HHS has 30 calendar days to review and approve an 
application and request assignment of the property, or inform the 
disposal agency that no assignment request will be forthcoming.



Sec.  102-75.515  What action must the disposal agency take after an eligible public agency has submitted a plan of use for property for an educational or 
          public health requirement?

    When an eligible public agency submits a plan of use for property 
for an educational or public health requirement, the disposal agency 
must transmit two copies of the plan to the regional office of ED or 
HHS, as appropriate. The ED or HHS must submit to the disposal agency, 
within 30 calendar

[[Page 280]]

days after the date the plan is transmitted, a recommendation for 
assignment of the property to the Secretary of ED or HHS, as 
appropriate, or must inform the disposal agency, within the 30-calendar 
day period, that a recommendation will not be made for assignment of the 
property to ED or HHS. If, after considering other uses for the 
property, the disposal agency approves the assignment recommendation 
from ED or HHS, it must assign the property by letter or other document 
to the Secretary of ED or HHS, as appropriate. The disposal agency must 
furnish to the landholding agency a copy of the assignment, unless the 
landholding agency is also the disposal agency. If the recommendation is 
disapproved, the disposal agency must likewise notify the appropriate 
Department.



Sec.  102-75.520  What must the Department of Education or the Department of Health and Human Services address in the assignment recommendation that is 
          submitted to the disposal agency?

    Any assignment recommendation that ED or HHS submits to the disposal 
agency must provide complete information concerning the educational or 
public health use, including--
    (a) Identification of the property;
    (b) The name of the applicant and the size and nature of its 
program;
    (c) The specific use planned;
    (d) The intended public benefit allowance;
    (e) The estimate of the value upon which such proposed allowance is 
based; and
    (f) An explanation if the acreage or value of the property exceeds 
the standards established by the Secretary.



Sec.  102-75.525  What responsibilities do landholding agencies have concerning properties to be used for educational and public health purposes?

    Landholding agencies must cooperate to the fullest extent possible 
with representatives of ED or HHS in their inspection of such property 
and in furnishing information relating to the property.



Sec.  102-75.530  What happens if the Department of Education or the Department of Health and Human Services does not approve any applications for conveyance of 
          the property for educational or public health purposes?

    In the absence of an approved application from ED or HHS to convey 
the property for educational or public health purposes, which must be 
received within the 30 calendar day time limit, the disposal agency will 
proceed with other disposal actions.



Sec.  102-75.535  What responsibilities does the Department of Education or the Department of Health and Human Services have after receiving the disposal 
          agency's assignment letter?

    After receiving the disposal agency's assignment letter, ED or HHS 
must furnish the disposal agency with a Notice of Proposed Transfer 
within 30 calendar days. If the disposal agency approves the proposed 
transfer within 30 days of receiving the Notice of Proposed Transfer, ED 
or HHS may prepare the transfer documents and proceed with the transfer. 
ED or HHS must take all necessary actions to accomplish the transfer 
within 15-calendar days beginning when the disposal agency approves the 
transfer. ED or HHS must furnish the disposal agency two conformed 
copies of deeds, leases or other instruments conveying the property 
under 40 U.S.C. 550(c) or (d) and all related documents containing 
restrictions or conditions regulating the future use, maintenance or 
transfer of the property.



Sec.  102-75.540  Who is responsible for enforcing compliance with the terms and conditions of the transfer for educational or public health purposes?

    ED or HHS, as appropriate, is responsible for enforcing compliance 
with the terms and conditions of transfer. ED or HHS is also responsible 
for reforming, correcting, or amending any transfer instruments; 
granting releases; and for taking any necessary actions for recapturing 
the property using or following the provisions of 40 U.S.C. 550(b). 
These actions are subject to the approval of the head of the disposal 
agency. ED or HHS must notify the disposal agency of

[[Page 281]]

its intent to take any actions to recapture the property. The notice 
must identify the property affected, describe in detail the proposed 
action, and state the reasons for the proposed action.



Sec.  102-75.545  What happens if property that was transferred to meet an educational or public health requirement is revested in the United States for 
          noncompliance with the terms of sale, or other cause?

    In each case of repossession under a terminated lease or reversion 
of title for noncompliance with the terms or conditions of sale or other 
cause, ED or HHS must, prior to repossession or reversion of title, 
provide the appropriate GSA regional property disposal office with an 
accurate description of the real and related personal property involved 
using the Report of Excess Real Property (Standard Form 118), and the 
appropriate schedules. After receiving a statement from ED or HHS that 
the property is proposed for revesting, GSA will review the statement 
and determine if title should be revested. If GSA, in conjunction with 
ED or HHS, determines that the property should be revested, ED or HHS 
must submit a Standard Form 118 to GSA. GSA will review and act upon the 
Standard Form 118, if acceptable. However, the grantee must provide 
protection and maintenance for the property until the title reverts to 
the Federal Government, including the period of any notice of intent to 
revert. Such protection and maintenance must, at a minimum, conform to 
the standards prescribed in the GSA Customer Guide to Real Property 
Disposal.

     Property for Providing Self-Help Housing or Housing Assistance



Sec.  102-75.550  What does ``self-help housing or housing assistance'' mean?

    Property for self-help housing or housing assistance (which is 
separate from the program under Title V of the McKinney-Vento Homeless 
Assistance Act covered in subpart H of this part) is property for low-
income housing opportunities through the construction, rehabilitation, 
or refurbishment of housing, under terms that require that--
    (a) Any individual or family receiving housing or housing assistance 
must contribute a significant amount of labor toward the construction, 
rehabilitation, or refurbishment; and
    (b) Dwellings constructed, rehabilitated, or refurbished must be 
quality dwellings that comply with local building and safety codes and 
standards and must be available at prices below prevailing market 
prices.



Sec.  102-75.555  Which Federal agency receives the property assigned for self-help housing or housing assistance for low-income individuals or families?

    The head of the disposal agency, or designee, may assign, at his/her 
discretion, surplus real property, including buildings, fixtures, and 
equipment to the Secretary of the Department of Housing and Urban 
Development (HUD).



Sec.  102-75.560  Who notifies eligible public agencies that real property to be used for self-help housing or housing assistance purposes is available?

    The disposal agency must notify eligible public agencies that 
surplus property is available. The notice must require that any plans 
for self-help housing or housing assistance use resulting from the 
development of the comprehensive and coordinated plan of use and 
procurement for the property must be coordinated with HUD. Eligible 
public agencies may obtain an application form and instructions for 
preparing and submitting the application from HUD.



Sec.  102-75.565  Is the requirement for self-help housing or housing assistance use of the property by an eligible public agency or non-profit organization 
          contingent upon the disposal agency's approval of an 
          assignment recommendation from the Department of Housing and 
          Urban Development (HUD)?

    Yes, the requirement for self-help housing or housing assistance use 
of the property by an eligible public agency or nonprofit organization 
is contingent upon the disposal agency's approval under Sec.  102-75.585 
of HUD's assignment recommendation/request. Any subsequent transfer is 
subject to

[[Page 282]]

the approval of the head of the disposal agency as stipulated under 40 
U.S.C. 550(f) and referenced in Sec.  102-75.605.



Sec.  102-75.570  What happens if the disposal agency does not approve the assignment recommendation?

    If the recommendation is not approved, the disposal agency must also 
notify the Secretary of HUD and then may proceed with other disposal 
action.



Sec.  102-75.575  Who notifies non-profit organizations that surplus real property and related personal property to be used for self-help housing or housing 
          assistance purposes is available?

    HUD notifies eligible non-profit organizations, following guidance 
in the GSA Customer Guide to Real Property Disposal. Such notices must 
require eligible nonprofit organizations to--
    (a) Coordinate any requirement for self-help housing or housing 
assistance use of the property with the appropriate public agency; and
    (b) Declare to the disposal agency an intent to develop and submit a 
comprehensive and coordinated plan of use and procurement for the 
property.



Sec.  102-75.580  When must HUD notify the disposal agency that an eligible applicant is interested in acquiring the property?

    HUD must notify the disposal agency within 30 calendar days after 
the date of the surplus notice. Then, after the 30-day period expires, 
HUD has 30 calendar days to review and approve an application and 
request assignment or inform the disposal agency that no assignment 
request is forthcoming.



Sec.  102-75.585  What action must the disposal agency take after an eligible public agency has submitted a plan of use for property for a self-help housing or 
          housing assistance requirement?

    When an eligible public agency submits a plan of use for property 
for a self-help housing or housing assistance requirement, the disposal 
agency must transmit two copies of the plan to the appropriate HUD 
regional office. HUD must submit to the disposal agency, within 30 
calendar days after the date the plan is transmitted, a recommendation 
for assignment of the property to the Secretary of HUD, or must inform 
the disposal agency, within the 30-calendar day period, that a 
recommendation will not be made for assignment of the property to HUD. 
If, after considering other uses for the property, the disposal agency 
approves the assignment recommendation from HUD, it must assign the 
property by letter or other document to the Secretary of HUD. The 
disposal agency must furnish to the landholding agency a copy of the 
assignment, unless the landholding agency is also the disposal agency. 
If the disposal agency disapproves the recommendation, the disposal 
agency must likewise notify the Secretary of HUD.



Sec.  102-75.590  What does the assignment recommendation contain?

    Any assignment recommendation that HUD submits to the disposal 
agency must set forth complete information concerning the self-help 
housing or housing assistance use, including--
    (a) Identification of the property;
    (b) Name of the applicant and the size and nature of its program;
    (c) Specific use planned;
    (d) Intended public benefit allowance;
    (e) Estimate of the value upon which such proposed allowance is 
based; and
    (f) An explanation, if the acreage or value of the property exceeds 
the standards established by the Secretary.



Sec.  102-75.595  What responsibilities do landholding agencies have concerning properties to be used for self-help housing or housing assistance use?

    Landholding agencies must cooperate to the fullest extent possible 
with HUD representatives in their inspection of such property and in 
furnishing information relating to such property.



Sec.  102-75.600  What happens if HUD does not approve any applications for self-help housing or housing assistance use?

    In the absence of an approved application from HUD for self-help 
housing or housing assistance use, which must be received within the 30-
calendar day

[[Page 283]]

time limit specified therein, the disposal agency must proceed with 
other disposal action.



Sec.  102-75.605  What responsibilities does HUD have after receiving the disposal agency's assignment letter?

    After receiving the disposal agency's assignment letter, HUD must 
furnish the disposal agency with a Notice of Proposed Transfer within 30 
calendar days. If the disposal agency approves the proposed transfer 
within 30 calendar days of receiving the Notice of Proposed Transfer, 
HUD may prepare the transfer documents and proceed with the transfer. 
HUD must take all necessary actions to accomplish the transfer within 15 
calendar days beginning when the disposal agency approves the transfer. 
HUD must furnish the disposal agency two conformed copies of deeds, 
leases or other instruments conveying the property under 40 U.S.C. 
550(f) and all related documents containing restrictions or conditions 
regulating the future use, maintenance or transfer of the property.



Sec.  102-75.610  Who is responsible for enforcing compliance with the terms and conditions of the transfer of the property for self-help housing or housing 
          assistance use?

    HUD is responsible for enforcing compliance with the terms and 
conditions of transfer. HUD is also responsible for reforming, 
correcting, or amending any transfer instrument; granting releases; and 
for taking any necessary actions for recapturing the property using the 
provisions of 40 U.S.C. 550(b). These actions are subject to the 
approval of the head of the disposal agency. HUD must notify the head of 
the disposal agency of its intent to take action to recapture the 
property. The notice must identify the property affected, describe in 
detail the proposed action, and state the reasons for the proposed 
action.



Sec.  102-75.615  Who is responsible for enforcing compliance with the terms and conditions of property transferred under section 414(a) of the 1969 HUD Act?

    HUD maintains responsibility for properties previously conveyed 
under section 414(a) of the 1969 HUD Act. Property transferred to an 
entity other than a public body and used for any purpose other than that 
for which it was sold or leased within a 30-year period must revert to 
the United States. If the property was leased, then the lease 
terminates. The appropriate Secretary (HUD or Department of Agriculture) 
and the Administrator of GSA can approve the new use of the property 
after the first 20 years of the original 30-year period has expired.



Sec.  102-75.620  What happens if property that was transferred to meet a self-help housing or housing assistance use requirement is found to be in 
          noncompliance with the terms of sale?

    In each case of repossession under a terminated lease or reversion 
of title for noncompliance with the terms or conditions of sale or other 
cause, HUD (or USDA for property conveyed through the former Farmers 
Home Administration program under section 414(a) of the 1969 HUD Act) 
must, prior to repossession or reversion of title, provide the 
appropriate GSA regional office with an accurate description of the real 
and related personal property involved using the Report of Excess Real 
Property (Standard Form 118), and the appropriate schedules. After 
receiving a statement from HUD (or USDA) that title to the property is 
proposed for revesting, GSA will review the statement and determine if 
title should be revested. If GSA, in conjunction with HUD (or USDA), 
determines that the property should be revested, HUD (or USDA) must 
submit a Standard Form 118 to GSA. GSA will review and act upon the 
Standard Form 118, if acceptable. However, the grantee must provide 
protection and maintenance for the property until the title reverts to 
the Federal Government, including the period of any notice of intent to 
revert. Such protection and maintenance must, at a minimum, conform to 
the standards prescribed in the GSA Customer Guide to Real Property 
Disposal.

[[Page 284]]

           Property for Use as Public Park or Recreation Areas



Sec.  102-75.625  Which Federal agency is assigned surplus real property for public park or recreation purposes?

    The head of the disposal agency or his or her designee is authorized 
to assign to the Secretary of the Interior for disposal under 40 U.S.C. 
550(e), surplus real property, including buildings, fixtures, and 
equipment as recommended by the Secretary as being needed for use as a 
public park or recreation area for conveyance to a State, political 
subdivision, instrumentalities, or municipality.



Sec.  102-75.630  Who must disposal agencies notify that real property for public park or recreation purposes is available?

    The disposal agency must notify established State, regional, or 
metropolitan clearinghouses and eligible public agencies that surplus 
property is available for use as a public park or recreation area. The 
disposal agency must transmit the landholding agency's Report of Excess 
Real Property (Standard Form 118, with accompanying schedules) with the 
copy of each notice sent to a regional or field office of the National 
Park Service (NPS) of the Department of the Interior (DOI).



Sec.  102-75.635  What information must the Department of the Interior (DOI) furnish eligible public agencies?

    Upon request, DOI must furnish eligible public agencies with an 
application form to acquire property for permanent use as a public park 
or recreation area and preparation instructions for the application.



Sec.  102-75.640  When must DOI notify the disposal agency that an eligible applicant is interested in acquiring the property?

    DOI must notify the disposal agency if it has an eligible applicant 
interested in acquiring the property within 30 calendar days from the 
date of the surplus notice.



Sec.  102-75.645  What responsibilities do landholding agencies have concerning properties to be used for public park or recreation purposes?

    Landholding agencies must cooperate to the fullest extent possible 
with DOI representatives in their inspection of the property and in 
furnishing information relating to the property.



Sec.  102-75.650  When must DOI request assignment of the property?

    Within 30 calendar days after the expiration of the 30-calendar day 
period specified in Sec.  102-75.640, DOI must submit to the disposal 
agency an assignment recommendation along with a copy of the application 
or inform the disposal agency that a recommendation will not be made for 
assignment of the property.



Sec.  102-75.655  What does the assignment recommendation contain?

    Any recommendation submitted by DOI must provide complete 
information concerning the plans for use of the property as a public 
park or recreation area, including--
    (a) Identification of the property;
    (b) The name of the applicant;
    (c) The specific use planned; and
    (d) The intended public benefit allowance.



Sec.  102-75.660  What happens if DOI does not approve any applications or does not submit an assignment recommendation?

    If DOI does not approve any applications or does not submit an 
assignment recommendation to convey the property for public park or 
recreation purposes, the disposal agency must proceed with other 
disposal action.



Sec.  102-75.665  What happens after the disposal agency receives the assignment recommendation from DOI?

    If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from DOI, it must assign 
the property by letter or other document to the Secretary of the 
Interior. The disposal agency must furnish to the landholding agency a 
copy of the assignment, unless the landholding agency is also the

[[Page 285]]

disposal agency. If the recommendation is disapproved, the disposal 
agency must likewise notify the Secretary.



Sec.  102-75.670  What responsibilities does DOI have after receiving the disposal agency's assignment letter?

    After receiving the disposal agency's assignment letter, the 
Secretary of the Interior must provide the disposal agency with a Notice 
of Proposed Transfer within 30 calendar days. If the disposal agency 
approves the proposed transfer within 30 calendar days, the Secretary 
may proceed with the transfer. DOI must take all necessary actions to 
accomplish the transfer within 15 calendar days after the expiration of 
the 30-calendar day period provided for the disposal agency to consider 
the notice. DOI may place the applicant in possession of the property as 
soon as practicable to minimize the Government's expense of protection 
and maintenance of the property. As of the date the applicant takes 
possession of the property, or the date it is conveyed, whichever occurs 
first, the applicant must assume responsibility for care and handling 
and all risks of loss or damage to the property, and has all obligations 
and liabilities of ownership. DOI must furnish the disposal agency two 
conformed copies of deeds, leases, or other instruments conveying 
property under 40 U.S.C. 550(e) and related documents containing 
reservations, restrictions, or conditions regulating the future use, 
maintenance or transfer of the property.



Sec.  102-75.675  What responsibilities does the grantee or recipient of the property have in accomplishing or completing the transfer?

    Where appropriate, the disposal agency may make the assignment 
subject to DOI requiring the grantee or recipient to bear the cost of 
any out-of-pocket expenses necessary to accomplish the transfer, such as 
for surveys, fencing, security of the remaining property, or otherwise.



Sec.  102-75.680  What information must be included in the deed of conveyance of any surplus property transferred for public park or recreation purposes?

    The deed of conveyance of any surplus real property transferred for 
public park and recreation purposes under 40 U.S.C. 550(e) must require 
that the property be used and maintained for the purpose for which it 
was conveyed in perpetuity. In the event that the property ceases to be 
used or maintained for that purpose, all or any portion of such property 
will in its existing condition, at the option of the United States, 
revert to the United States. The deed of conveyance may contain 
additional terms, reservations, restrictions, and conditions determined 
by the Secretary of the Interior to be necessary to safeguard the 
interests of the United States.



Sec.  102-75.685  Who is responsible for enforcing compliance with the terms and conditions of the transfer of property used for public park or recreation 
          purposes?

    The Secretary of the Interior is responsible for enforcing 
compliance with the terms and conditions of transfer. The Secretary of 
the Interior is also responsible for reforming, correcting, or amending 
any transfer instrument; granting releases; and for recapturing any 
property following the provisions of 40 U.S.C. 550(b). These actions are 
subject to the approval of the head of the disposal agency. DOI must 
notify the head of the disposal agency of its intent to take or 
recapture the property. The notice must identify the property affected 
and describe in detail the proposed action, including the reasons for 
the proposed action.



Sec.  102-75.690  What happens if property that was transferred for use as a public park or recreation area is revested in the United States by reason of 
          noncompliance with the terms or conditions of disposal, or for 
          other cause?

    DOI must notify the appropriate GSA regional office immediately by 
letter when title to property transferred for use as a public park or 
recreation area is to be revested in the United States for noncompliance 
with the terms or

[[Page 286]]

conditions of disposal or for other cause. The notification must cite 
the legal and administrative actions that DOI must take to obtain full 
title and possession of the property. In addition, it must include an 
adequate description of the property, using the Report of Excess Real 
Property (Standard Form 118) and the appropriate schedules. After 
receiving notice from DOI that title to the property is proposed for 
revesting, GSA will review the statement and determine if title should 
be revested. If GSA, in consultation with DOI, determines that the 
property should be revested, DOI must submit a Standard Form 118 to GSA. 
GSA will review and act upon the Standard Form 118, if acceptable. 
However, the grantee must provide protection and maintenance for the 
property until the title reverts to the Federal Government, including 
the period of any notice of intent to revert. Such protection and 
maintenance must, at a minimum, conform to the standards prescribed in 
the GSA Customer Guide to Real Property Disposal.

                     Property for Displaced Persons



Sec.  102-75.695  Who can receive surplus real property for the purpose of providing replacement housing for persons who are to be displaced by Federal or 
          Federally assisted projects?

    Section 218 of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4638 (the 
Relocation Act), authorizes the disposal agency to transfer surplus real 
property to a State agency to provide replacement housing under title II 
of the Relocation Act for persons who are or will be displaced by 
Federal or Federally assisted projects.



Sec.  102-75.700  Which Federal agencies may solicit applications from eligible State agencies interested in acquiring the property to provide replacement 
          housing for persons being displaced by Federal or Federally 
          assisted projects?

    After receiving the surplus notice, any Federal agency needing 
property for replacement housing for displaced persons may solicit 
applications from eligible State agencies.



Sec.  102-75.705  When must the Federal agency notify the disposal agency that an eligible State agency is interested in acquiring the property under section 
          218?

    Federal agencies must notify the disposal agency within 30 calendar 
days after the date of the surplus notice, if an eligible State agency 
is interested in acquiring the property under section 218 of the 
Relocation Act.



Sec.  102-75.710  What responsibilities do landholding and disposal agencies have concerning properties used for providing replacement housing for persons who 
          will be displaced by Federal or Federally assisted projects?

    Both landholding and disposal agencies must cooperate, to the 
fullest extent possible, with Federal and State agency representatives 
in their inspection of the property and in furnishing information 
relating to the property.



Sec.  102-75.715  When can a Federal agency request transfer of the property to the selected State agency?

    Federal agencies must advise the disposal agency and request 
transfer of the property to the selected State agency within 30 calendar 
days after the expiration of the 30-calendar day period specified in 
Sec.  102-75.705.



Sec.  102-75.720  Is there a specific or preferred format for the transfer request and who should receive it?

    Any request submitted by a Federal agency must be in the form of a 
letter addressed to the appropriate GSA Public Buildings Service (PBS) 
regional property disposal office.



Sec.  102-75.725  What does the transfer request contain?

    Any transfer request must include--
    (a) Identification of the property by name, location, and control 
number;
    (b) The name and address of the specific State agency and a copy of 
the State agency's application or proposal;
    (c) A certification by the appropriate Federal agency official that 
the property is required to house displaced persons authorized by 
section 218; that all

[[Page 287]]

other options authorized under title II of the Relocation Act have been 
explored and replacement housing cannot be found or made available 
through those channels; and that the Federal or Federally assisted 
project cannot be accomplished unless the property is made available for 
replacement housing;
    (d) Any special terms and conditions that the Federal agency deems 
necessary to include in conveyance instruments to ensure that the 
property is used for the intended purpose;
    (e) The name and proposed location of the Federal or Federally 
assisted project that is creating the requirement;
    (f) Purpose of the project;
    (g) Citation of enabling legislation or authorization for the 
project, when appropriate;
    (h) A detailed outline of steps taken to obtain replacement housing 
for displaced persons as authorized under title II of the Relocation 
Act; and
    (i) Details of the arrangements that have been made to construct 
replacement housing on the surplus property and to ensure that displaced 
persons will be provided housing in the development.



Sec.  102-75.730  What happens if a Federal agency does not submit a transfer request to the disposal agency for property to be used for replacement housing for 
          persons who will be displaced by Federal or Federally assisted 
          projects?

    If the disposal agency does not receive a request for assignment or 
transfer of the property under Sec.  102-75.715, then the disposal 
agency must proceed with other appropriate disposal actions.



Sec.  102-75.735  What happens after the disposal agency receives the transfer request from the Federal agency?

    If, after considering other uses for the property, the disposal 
agency determines that the property should be made available for 
replacement housing under section 218, it must transfer the property to 
the designated State agency on such terms and conditions as will protect 
the United States' interests, including the payment or the agreement to 
pay to the United States all amounts received by the State agency from 
any sale, lease, or other disposition of the property for such housing. 
The sale, lease, or other disposition of the property by the State 
agency must be at the fair market value as approved by the disposal 
agency, unless a compelling justification is offered for disposal of the 
property at less than fair market value. Disposal of the property at 
less than fair market value must also be approved by the disposal 
agency.



Sec.  102-75.740  Does the State agency have any responsibilities in helping to accomplish the transfer of the property?

    Yes, the State agency is required to bear the costs of any out-of-
pocket expenses necessary to accomplish the transfer, such as costs of 
surveys, fencing, or security of the remaining property.



Sec.  102-75.745  What happens if the property transfer request is not approved by the disposal agency?

    If the request is not approved, the disposal agency must notify the 
Federal agency requesting the transfer. The disposal agency must furnish 
a copy of the notice of disapproval to the landholding agency.

   Property for Correctional Facility, Law Enforcement, or Emergency 
                      Management Response Purposes



Sec.  102-75.750  Who is eligible to receive surplus real and related personal property for correctional facility, law enforcement, or emergency management 
          response purposes?

    Under 40 U.S.C. 553, the head of the disposal agency or designee 
may, in his or her discretion, convey, without monetary consideration, 
to any State, or to those governmental bodies named in the section; or 
to any political subdivision or instrumentality, surplus real and 
related personal property for--
    (a) Correctional facility purposes, if the Attorney General has 
determined that the property is required for such purposes and has 
approved an appropriate program or project for the care or 
rehabilitation of criminal offenders;

[[Page 288]]

    (b) Law enforcement purposes, if the Attorney General has determined 
that the property is required for such purposes; or
    (c) Emergency management response purposes, including fire and 
rescue services, if the Director of the Federal Emergency Management 
Agency (FEMA) has determined that the property is required for such 
purposes.



Sec.  102-75.755  Which Federal agencies must the disposal agency notify concerning the availability of surplus properties for correctional facility, law 
          enforcement, or emergency management response purposes?

    The disposal agency must provide prompt notification to the Office 
of Justice Programs (OJP), Department of Justice (DOJ), and FEMA that 
surplus property is available. The disposal agency's notice or 
notification must include a copy of the landholding agency's Report of 
Excess Real Property (Standard Form 118), with accompanying schedules.



Sec.  102-75.760  Who must the Office of Justice Programs (OJP) and the Federal Emergency Management Agency (FEMA) notify that surplus real property is 
          available for correctional facility, law enforcement, or 
          emergency management response purposes?

    OJP or FEMA must send notices of availability to the appropriate 
State and local public agencies. The notices must state that OJP or 
FEMA, as appropriate, must coordinate and approve any planning involved 
in developing a comprehensive and coordinated plan of use and 
procurement for the property for correctional facility, law enforcement, 
or emergency management response use. The notice must also state that 
public agencies may obtain application forms and preparation 
instructions from OJP or FEMA.



Sec.  102-75.765  What does the term ``law enforcement'' mean?

    The OJP defines ``law enforcement'' as ``any activity involving the 
control or reduction of crime and juvenile delinquency, or enforcement 
of the criminal law, including investigative activities such as 
laboratory functions as well as training.''



Sec.  102-75.770  Is the disposal agency required to approve a determination by the Department of Justice (DOJ) that identifies surplus property for 
          correctional facility use or for law enforcement use?

    Yes, the disposal agency must approve a determination, under Sec.  
102-75.795, by DOJ that identifies surplus property required for 
correctional facility use or for law enforcement use before an eligible 
public agency can obtain such property for correctional facility or law 
enforcement use.



Sec.  102-75.775  Is the disposal agency required to approve a determination by FEMA that identifies surplus property for emergency management response use?

    Yes, the disposal agency must approve a determination, under Sec.  
102-75.795, by FEMA that identifies surplus property required for 
emergency management response use before an eligible public agency can 
obtain such property for emergency management response use.



Sec.  102-75.780  When must DOJ or FEMA notify the disposal agency that an eligible applicant is interested in acquiring the property?

    OJP or FEMA must notify the disposal agency within 30 calendar days 
after the date of the surplus notice, if there is an eligible applicant 
interested in acquiring the property. After that 30-calendar day period 
expires, OJP or FEMA then has another 30 days to review and approve an 
appropriate program and notify the disposal agency of the need for the 
property. If no application is approved, then OJP or FEMA must notify 
the disposal agency that there is no requirement for the property within 
the 30-calendar day period allotted for review and approval.



Sec.  102-75.785  What specifically must DOJ or FEMA address in the assignment request or recommendation that is submitted to the disposal agency?

    Any determination that DOJ or FEMA submits to the disposal agency 
must provide complete information concerning the correctional facility,

[[Page 289]]

law enforcement, or emergency management response use, including--
    (a) Identification of the property;
    (b) Certification that the property is required for correctional 
facility, law enforcement, or emergency management response use;
    (c) A copy of the approved application that defines the proposed 
plan of use; and
    (d) The environmental impact of the proposed correctional facility, 
law enforcement, or emergency management response use.



Sec.  102-75.790  What responsibilities do landholding agencies and disposal agencies have concerning properties to be used for correctional facility, law 
          enforcement, or emergency management response purposes?

    Both landholding and disposal agencies must cooperate to the fullest 
extent possible with Federal and State agency representatives in their 
inspection of such property and in furnishing information relating to 
the property.



Sec.  102-75.795  What happens after the disposal agency receives the assignment request by DOJ or FEMA?

    If, after considering other uses for the property, the disposal 
agency approves the assignment request by DOJ or FEMA, the disposal 
agency must convey the property to the appropriate grantee. The disposal 
agency must proceed with other disposal action if it does not approve 
the assignment request, if DOJ or FEMA does not submit an assignment 
request, or if the disposal agency does not receive the determination 
within the 30 calendar days specified in Sec.  102-75.780. The disposal 
agency must notify OJP or FEMA 15 days prior to any announcement of a 
determination to either approve or disapprove an application for 
correctional, law enforcement, or emergency management response purposes 
and must furnish to OJP or FEMA a copy of the conveyance documents.



Sec.  102-75.800  What information must be included in the deed of conveyance?

    The deed of conveyance of any surplus real property transferred 
under the provisions of 40 U.S.C. 553 must provide that all property be 
used and maintained for the purpose for which it was conveyed in 
perpetuity. If the property ceases to be used or maintained for that 
purpose, all or any portion of the property must, at the option of the 
United States, revert to the United States in its existing condition. 
The deed of conveyance may contain additional terms, reservations, 
restrictions, and conditions the Administrator of General Services 
determines to be necessary to safeguard the United States' interests.



Sec.  102-75.805  Who is responsible for enforcing compliance with the terms and conditions of the transfer of the property used for correctional facility, law 
          enforcement, or emergency management response purposes?

    The Administrator of General Services is responsible for enforcing 
compliance with the terms and conditions of disposals of property to be 
used for correctional facility, law enforcement, or emergency management 
response purposes. GSA is also responsible for reforming, correcting, or 
amending any disposal instrument; granting releases; and any action 
necessary for recapturing the property following the provisions of 40 
U.S.C. 553(e).



Sec.  102-75.810  What responsibilities do OJP or FEMA have if they discover any information indicating a change in use of a transferred property?

    Upon discovery of any information indicating a change in use, OJP or 
FEMA must--
    (a) Notify GSA; and
    (b) Upon request, make a redetermination of continued 
appropriateness of the use of a transferred property.



Sec.  102-75.815  What happens if property conveyed for correctional facility, law enforcement, or emergency management response purposes is found to be in 
          noncompliance with the terms of the conveyance documents?

    OJP or FEMA must, prior to the repossession, provide the appropriate 
GSA regional property disposal office with an accurate description of 
the real and related personal property involved. OJP or FEMA must use 
the Report of

[[Page 290]]

Excess Real Property (Standard Form 118), and the appropriate schedules 
for this purpose. After receiving a statement from OJP or FEMA that the 
title to the property is proposed for revesting, GSA will review the 
statement and determine if title should be revested. If GSA, in 
consultation with OJP or FEMA, determines that the property should be 
revested, OJP or FEMA must submit a Standard Form 118 to GSA. GSA will 
review and act upon the Standard Form 118, if acceptable. However, the 
grantee must provide protection and maintenance for the property until 
the title reverts to the Federal Government, including the period 
following any notice of intent to revert. Such protection and 
maintenance must, at a minimum, conform to the standards prescribed in 
the GSA Customer Guide to Real Property Disposal.

                     Property for Port Facility Use



Sec.  102-75.820  Which Federal agency is eligible to receive surplus real and related personal property for the development or operation of a port facility?

    Under 40 U.S.C. 554, the Administrator of General Services, the 
Secretary of the Department of Defense (in the case of property located 
at a military installation closed or realigned pursuant to a base 
closure law), or their designee, may assign to the Secretary of the 
Department of Transportation (DOT) for conveyance, without monetary 
consideration, to any State, or to governmental bodies, any political 
subdivision, municipality, or instrumentality, surplus real and related 
personal property, including buildings, fixtures, and equipment situated 
on the property, that DOT recommends as being needed for the development 
or operation of a port facility.



Sec.  102-75.825  Who must the disposal agency notify when surplus real and related personal property is available for port facility use?

    The disposal agency must notify established State, regional or 
metropolitan clearinghouses and eligible public agencies that surplus 
real property is available for the development or operation of a port 
facility. The disposal agency must transmit a copy of the notice to DOT 
and a copy of the landholding agency's Report of Excess Real Property 
(Standard Form 118 and supporting schedules).



Sec.  102-75.830  What does the surplus notice contain?

    Surplus notices to eligible public agencies must state--
    (a) That public agencies must coordinate any planning involved in 
the development of the comprehensive and coordinated plan of use and 
procurement of property, with DOT, the Secretary of Labor, and the 
Secretary of Commerce;
    (b) That any party interested in acquiring the property for use as a 
port facility must contact the Department of Transportation, Maritime 
Administration, for the application and instructions;
    (c) That the disposal agency must approve a recommendation from DOT 
before it can assign the property to DOT (see Sec.  102-75.905); and
    (d) That any subsequent conveyance is subject to the approval of the 
head of the disposal agency as stipulated under 40 U.S.C. 554 and 
referenced in Sec.  102-75.865.



Sec.  102-75.835  When must DOT notify the disposal agency that an eligible applicant is interested in acquiring the property?

    DOT must notify the disposal agency within 30 calendar days after 
the date of the surplus notice if there is an eligible applicant 
interested in acquiring the property. After that 30-calendar day period 
expires, DOT then has another 30 calendar days to review and approve 
applications and notify the disposal agency of the need for the 
property. If no application is approved, then DOT must notify the 
disposal agency that there is no requirement for the property within the 
same 30-calendar day period allotted for review and approval.



Sec.  102-75.840  What action must the disposal agency take after an eligible public agency has submitted a plan of use for and an application to acquire a port 
          facility property?

    Whenever an eligible public agency has submitted a plan of use for a 
port

[[Page 291]]

facility requirement, the disposal agency must transmit two copies of 
the plan to DOT. DOT must either submit to the disposal agency, within 
30 calendar days after the date the plan is transmitted, a 
recommendation for assignment of the property to DOT, or inform the 
disposal agency, within the 30-calendar day period, that a 
recommendation will not be made for assignment of the property to DOT.



Sec.  102-75.845  What must DOT address in the assignment recommendation submitted to the disposal agency?

    Any assignment recommendation that DOT submits to the disposal 
agency must provide complete information concerning the contemplated 
port facility use, including--
    (a) An identification of the property;
    (b) An identification of the applicant;
    (c) A copy of the approved application, which defines the proposed 
plan of use of the property;
    (d) A statement that DOT's determination (that the property is 
located in an area of serious economic disruption) was made in 
consultation with the Secretary of Labor;
    (e) A statement that DOT approved the economic development plan, 
associated with the plan of use of the property, in consultation with 
the Secretary of Commerce; and
    (f) A copy of the explanatory statement, required under 40 U.S.C. 
554(c)(2)(C).



Sec.  102-75.850  What responsibilities do landholding agencies have concerning properties to be used in the development or operation of a port facility?

    Landholding agencies must cooperate to the fullest extent possible 
with DOT representatives and the Secretary of Commerce in their 
inspection of such property, and with the Secretary of Labor in 
affirming that the property is in an area of serious economic 
disruption, and in furnishing any information relating to such property.



Sec.  102-75.855  What happens if DOT does not submit an assignment recommendation?

    If DOT does not submit an assignment recommendation or if it is not 
received within 30 calendar days, the disposal agency must proceed with 
other disposal action.



Sec.  102-75.860  What happens after the disposal agency receives the assignment recommendation from DOT?

    If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from DOT, the disposal 
agency must assign the property by letter or other document to DOT. If 
the disposal agency disapproves the recommendation, the disposal agency 
must likewise notify DOT. The disposal agency must furnish to the 
landholding agency a copy of the assignment, unless the landholding 
agency is also the disposal agency.



Sec.  102-75.865  What responsibilities does DOT have after receiving the disposal agency's assignment letter?

    After receiving the assignment letter from the disposal agency, DOT 
must provide the disposal agency with a Notice of Proposed Transfer 
within 30 calendar days after the date of the assignment letter. If the 
disposal agency approves the proposed transfer within 30 calendar days 
of the receipt of the Notice of Proposed Transfer, DOT may prepare the 
conveyance documents and proceed with the conveyance. DOT must take all 
necessary actions to accomplish the conveyance within 15 calendar days 
after the expiration of the 30-calendar day period provided for the 
disposal agency to consider the notice. DOT must furnish the disposal 
agency two conformed copies of the instruments conveying property and 
all related documents containing restrictions or conditions regulating 
the future use, maintenance, or transfer of the property.



Sec.  102-75.870  Who is responsible for enforcing compliance with the terms and conditions of the port facility conveyance?

    DOT is responsible for enforcing compliance with the terms and 
conditions of conveyance, including reforming, correcting, or amending 
any instrument of conveyance; granting releases; and taking any 
necessary actions to recapture the property following the provisions of 
40 U.S.C. 554(f). Any of these actions are subject to the approval of

[[Page 292]]

the head of the disposal agency. DOT must notify the head of the 
disposal agency of its intent to take any proposed action, identify the 
property affected, and describe in detail the proposed action, including 
the reasons for the proposed action.



Sec.  102-75.875  What happens in the case of repossession by the United States under a reversion of title for noncompliance with the terms or conditions of 
          conveyance?

    In each case of a repossession by the United States, DOT must, at or 
prior to reversion of title, provide the appropriate GSA regional 
property disposal office, with a Report of Excess Real Property 
(Standard Form 118) and accompanying schedules. After receiving a 
statement from DOT that title to the property is proposed for revesting, 
GSA will review the statement and determine if title should be revested. 
If GSA, in consultation with DOT, determines that the property should be 
revested, DOT must submit a Standard Form 118 to GSA. GSA will review 
and act upon the Standard Form 118, if acceptable. However, the grantee 
must provide protection and maintenance for the property until the title 
reverts to the Federal Government, including the period following the 
notice of intent to revert. Such protection and maintenance must, at a 
minimum, conform to the standards prescribed in the GSA Customer Guide 
to Real Property Disposal.

                            Negotiated Sales



Sec.  102-75.880  When may Executive agencies conduct negotiated sales?

    Executive agencies may conduct negotiated sales only when--
    (a) The estimated fair market value of the property does not exceed 
$15,000;
    (b) Bid prices after advertising are unreasonable (for all or part 
of the property) or were not independently arrived at in open 
competition;
    (c) The character or condition of the property or unusual 
circumstances make it impractical to advertise for competitive bids and 
the fair market value of the property and other satisfactory terms of 
disposal are obtainable by negotiation;
    (d) The disposals will be to States, the Commonwealth of Puerto 
Rico, possessions, political subdivisions, or tax-supported agencies 
therein, and the estimated fair market value of the property and other 
satisfactory terms of disposal are obtainable by negotiation. Negotiated 
sales to public bodies can only be conducted if a public benefit, which 
would not be realized from a competitive sale, will result from the 
negotiated sale; or
    (e) Negotiation is otherwise authorized by Chapter 5 of Subtitle I 
of Title 40 of the United States Code or other law, such as disposals of 
power transmission lines for public or cooperative power projects.



Sec.  102-75.885  What are the disposal agency's responsibilities concerning negotiated sales?

    The disposal agency must--
    (a) Obtain such competition as is feasible in all negotiations of 
disposals and contracts for disposal of surplus property; and
    (b) Prepare and transmit an explanatory statement if the fair market 
value of the property exceeds $100,000, identifying the circumstances of 
each disposal by negotiation for any real property specified in 40 
U.S.C. 545(e), to the appropriate committees of the Congress in advance 
of such disposal.



Sec.  102-75.890  What clause must be in the offer to purchase and conveyance documents for negotiated sales to public agencies?

    Disposal agencies must include in the offer to purchase and 
conveyance documents an excess profits clause, which usually runs for 3 
years, to eliminate the potential for windfall profits to public 
agencies. This clause states that, if the purchaser should sell or enter 
into agreements to sell the property within 3 years from the date of 
title transfer by the Federal Government, all proceeds in excess of the 
purchaser's costs will be remitted to the Federal Government.

[[Page 293]]



Sec.  102-75.895  What wording must generally be in the excess profits clause that is required in the offer to purchase and in the conveyance document?

    The wording of the excess profits clause should generally be as 
follows:

    Excess Profits Covenant for Negotiated Sales to Public Bodies
    (a) This covenant shall run with the land for a period of 3 years 
from the date of conveyance. With respect to the property described in 
this deed, if at any time within a 3-year period from the date of 
transfer of title by the Grantor, the Grantee, or its successors or 
assigns, shall sell or enter into agreements to sell the property, 
either in a single transaction or in a series of transactions, it is 
covenanted and agreed that all proceeds received or to be received in 
excess of the Grantee's or a subsequent seller's actual allowable costs 
will be remitted to the Grantor. In the event of a sale of less than the 
entire property, actual allowable costs will be apportioned to the 
property based on a fair and reasonable determination by the Grantor.
    (b) For purposes of this covenant, the Grantee's or a subsequent 
seller's allowable costs shall include the following:
    (1) The purchase price of the real property.
    (2) The direct costs actually incurred and paid for improvements 
that serve only the property, including road construction, storm and 
sanitary sewer construction, other public facilities or utility 
construction, building rehabilitation and demolition, landscaping, 
grading, and other site or public improvements.
    (3) The direct costs actually incurred and paid for design and 
engineering services with respect to the improvements described in 
(b)(2) of this section.
    (4) The finance charges actually incurred and paid in conjunction 
with loans obtained to meet any of the allowable costs enumerated above.
    (c) None of the allowable costs described in paragraph (b) of this 
section will be deductible if defrayed by Federal grants or if used as 
matching funds to secure Federal grants.
    (d) To verify compliance with the terms and conditions of this 
covenant, the Grantee, or its successors or assigns, shall submit an 
annual report for each of the subsequent 3 years to the Grantor on the 
anniversary date of this deed. Each report will identify the property 
involved in this transaction and will contain such of the following 
items of information as are applicable at the time of submission:
    (1) A statement indicating whether or not a resale has been made.
    (2) A description of each portion of the property that has been 
resold.
    (3) The sale price of each such resold portion.
    (4) The identity of each purchaser.
    (5) The proposed land use.
    (6) An enumeration of any allowable costs incurred and paid that 
would offset any realized profit.
    (e) The Grantor may monitor the property and inspect records related 
thereto to ensure compliance with the terms and conditions of this 
covenant and may take any actions that it deems reasonable and prudent 
to recover any excess profits realized through the resale of the 
property.



Sec.  102-75.900  What is a negotiated sale for economic development purposes?

    A negotiated sale for economic development purposes means that the 
public body purchasing the property will develop or make substantial 
improvements to the property with the intention of reselling or leasing 
the property in parcels to users to advance the community's economic 
benefit. This type of negotiated sale is acceptable where the expected 
public benefits to the community are greater than the anticipated 
proceeds derived from a competitive public sale.

               Explanatory Statements for Negotiated Sales



Sec.  102-75.905  When must the disposal agency prepare an explanatory statement?

    The disposal agency must prepare an explanatory statement of the 
circumstances of each of the following proposed disposals by 
negotiation:
    (a) Any real property that has an estimated fair market value in 
excess of $100,000, except that any real property disposed of by lease 
or exchange is subject only to paragraphs (b) through (d) of this 
section.
    (b) Any real property disposed of by lease for a term of 5 years or 
less, if the estimated fair annual rent is in excess of $100,000 for any 
of such years.
    (c) Any real property disposed of by lease for a term of more than 5 
years, if the total estimated rent over the term of the lease is in 
excess of $100,000.
    (d) Any real property or real and related personal property disposed 
of by exchange, regardless of value, or any

[[Page 294]]

property disposed in which any part of the consideration is real 
property.



Sec.  102-75.910  Are there any exceptions to this policy of preparing explanatory statements?

    Yes, the disposal agency is not required to prepare an explanatory 
statement for property authorized to be disposed of without advertising 
by any provision of law other than 40 U.S.C. 545.



Sec.  102-75.915  Do disposal agencies need to retain a copy of the explanatory statement?

    Yes, disposal agencies must retain a copy of the explanatory 
statement in their files.



Sec.  102-75.920  Where is the explanatory statement sent?

    Disposal agencies must submit each explanatory statement to the 
Administrator of General Services for review and transmittal by letter 
from the Administrator of General Services to the Senate Committee on 
Governmental Affairs and the House Committee on Government Reform and 
any other appropriate committees of the Senate and House of 
Representatives. Disposal agencies must include in the submission to the 
Administrator of General Services any supporting data that may be 
relevant and necessary for evaluating the proposed action.



Sec.  102-75.925  Is GSA required to furnish the disposal agency with the explanatory statement's transmittal letter sent to Congress?

    Yes, GSA must furnish copies of its transmittal letters to the 
committees of the Congress (see Sec.  102-75.920) to the disposal 
agency.



Sec.  102-75.930  What happens if there is no objection by an appropriate committee or subcommittee of Congress concerning the proposed negotiated sale?

    If there is no objection, the disposal agency may consummate the 
sale on or after 35 days from the date the Administrator of General 
Services transmitted the explanatory statement to the committees. If 
there is an objection, the disposal agency must resolve objections with 
the appropriate Congressional committee or subcommittee before 
consummating the sale.

                              Public Sales



Sec.  102-75.935  What are disposal agencies' responsibilities concerning public sales?

    Disposal agencies must make available by competitive public sale any 
surplus property that is not disposed of by public benefit discount 
conveyance or by negotiated sale. Awards must be made to the responsible 
bidder whose bid will be most advantageous to the Government, price and 
other factors considered.

                         Disposing of Easements



Sec.  102-75.936  When can an agency dispose of an easement?

    When the use, occupancy or control of an easement is no longer 
needed, agencies may release the easement to the owner of the land 
subject to the easement (servient estate).



Sec.  102-75.937  Can an easement be released or disposed of at no cost?

    Yes. However, agencies must consider the Government's cost of 
acquiring the easement and other factors when determining if the 
easement will be disposed of with or without monetary or other 
consideration. If the easement was acquired at substantial 
consideration, agencies must--
    (a) Determine the easement's fair market value (estimate the fair 
market value of the fee land without the easement and with the easement 
then compute the difference or compute the damage the easement caused to 
the fee land); and
    (b) Negotiate the highest obtainable price with the owner of the 
servient estate to release the easement.



Sec.  102-75.938  May the easement and the land that benefited from the easement (dominant estate) be disposed of separately?

    Yes. If the easement is no longer needed in connection with the 
dominant estate, it may be disposed of separately to the owner of the 
servient estate. However, if the dominant estate is also surplus, the 
easement should be disposed of with the dominant estate.

[[Page 295]]

                           Granting Easements



Sec.  102-75.939  When can agencies grant easements?

    Agencies may grant easements in, on, or over Government-owned real 
property upon determining that the easement will not adversely impact 
the Government's interests.



Sec.  102-75.940  Can agencies grant easements at no cost?

    Yes. Easements may be granted with or without monetary or other 
consideration, including any interest in real property.



Sec.  102-75.941  Does an agency retain responsibility for the easement?

    Agencies may relinquish legislative jurisdiction as deemed necessary 
and desirable to the State where the real property containing the 
easement is located.



Sec.  102-75.942  What must agencies consider when granting easements?

    Agencies must--
    (a) Determine the easement's fair market value; and
    (b) Determine the remaining property's reduced or enhanced value 
because of the easement.



Sec.  102-75.943  What happens if granting an easement will reduce the value of the property?

    If the easement will reduce the property's value, agencies must 
grant the easement for the amount by which the property's fair market 
value is decreased unless the agency determines that the Government's 
best interests are served by granting the easement at either reduced or 
without monetary or other consideration.

               Non-Federal Interim Use of Surplus Property



Sec.  102-75.944  Can landholding agencies outlease surplus real property for non-Federal interim use?

    Yes, landholding agencies who possess independent authority to 
outlease property may allow organizations to use surplus real property 
awaiting disposal using either a lease or permit, only when--
    (a) The lease or permit does not exceed one year and is revocable 
with not more than a 30-day notice by the disposal agency;
    (b) The use and occupancy will not interfere with, delay, or impede 
the disposal of the property; and
    (c) The agency executing the agreement is responsible for the 
servicing of such property.



        Subpart D_Management of Excess and Surplus Real Property



Sec.  102-75.945  What is GSA's policy concerning the physical care, handling, protection, and maintenance of excess and surplus real property and related 
          personal property?

    GSA's policy is to--
    (a) Manage excess and surplus real property, including related 
personal property, by providing only those minimum services necessary to 
preserve the Government's interest and realizable value of the property 
considered;
    (b) Place excess and surplus real property in productive use through 
interim utilization, provided, that such temporary use and occupancy do 
not interfere with, delay, or impede its transfer to a Federal agency or 
disposal; and
    (c) Render safe or destroy aspects of excess and surplus real 
property that are dangerous to the public health or safety.

                       Taxes and Other Obligations



Sec.  102-75.950  Who has the responsibility for paying property-related obligations pending transfer or disposal of the property?

    Except as otherwise provided in Sec.  102-75.230, the landholding 
agency is still responsible for any and all operational costs and 
expenses or other property-related obligations pending transfer or 
disposal of the property.

                             Decontamination



Sec.  102-75.955  Who is responsible for decontaminating excess and surplus real property?

    The landholding agency is responsible for all expenses to the 
Government and for the supervision of the decontamination of excess and 
surplus

[[Page 296]]

real property that has been contaminated with hazardous materials of any 
sort. Extreme care must be exercised in the decontamination, management, 
and disposal of contaminated property in order to prevent such 
properties from becoming a hazard to the general public. The landholding 
agency must inform the disposal agency of any and all hazards involved 
relative to such property to protect the general public from hazards and 
to limit the Government's liability resulting from disposal or 
mishandling of hazardous materials.

                       Improvements or Alterations



Sec.  102-75.960  May landholding agencies make improvements or alterations to excess or surplus property in those cases where disposal is otherwise not 
          feasible?

    Yes, landholding agencies may make improvements or alterations that 
involve rehabilitation, reconditioning, conversion, completion, 
additions, and replacements in excess or surplus structures, utilities, 
installations, and land improvements, in those cases where disposal 
cannot be accomplished without such improvements or alterations. 
However, agencies must not enter into commitments concerning 
improvements or alterations without GSA's prior approval.

                       Protection and Maintenance



Sec.  102-75.965  Who must perform the protection and maintenance of excess and surplus real property pending transfer to another Federal agency or disposal?

    The landholding agency remains responsible and accountable for 
excess and surplus real property, including related personal property, 
and must perform the protection and maintenance of such property pending 
transfer to another Federal agency or disposal. Guidelines for 
protection and maintenance of excess and surplus real property are in 
the GSA Customer Guide to Real Property Disposal. The landholding agency 
is responsible for complying with the requirements of the National Oil 
and Hazardous Substances Pollution Contingency Plan and initiating or 
cooperating with others in the actions prescribed for the prevention, 
containment, or remedy of hazardous conditions.



Sec.  102-75.970  How long is the landholding agency responsible for the expense of protection and maintenance of excess and surplus real property pending its 
          transfer or disposal?

    Generally, the landholding agency is responsible for the cost of 
protection and maintenance of excess or surplus property until the 
property is transferred or disposed, but not more than 15 months. 
However, the landholding agency is responsible for providing and funding 
protection and maintenance during any delay beyond that 15 month period, 
if the landholding agency--
    (a) Requests deferral of the disposal beyond the 15 month period;
    (b) Continues to occupy the property beyond the 15 month period to 
the detriment of orderly disposal; or
    (c) Otherwise takes actions that result in a delay in the 
disposition beyond the 15 months.



Sec.  102-75.975  What happens if the property is not conveyed or disposed of during this time frame?

    If the property is not transferred to a Federal agency or disposed 
of during the 15-month period mentioned in Sec.  102-75.970, then the 
disposal agency must pay or reimburse the landholding agency for 
protection and maintenance expenses incurred from the expiration date of 
said time period to final disposal, unless--
    (a) There is no written agreement between the landholding agency and 
the disposal agency specifying the maximum amount of protection and 
maintenance expenses for which the disposal agency is responsible;
    (b) The disposal agency's appropriation, as authorized by Congress, 
does not contain a provision to allow for payment and/or reimbursement 
of protection and maintenance expenses; or
    (c) The delay is caused by an Executive agency's request for an 
exception from the 100 percent reimbursement requirement specified in 
Sec.  102-75.205. In this latter case, the requesting agency becomes 
responsible for protection and maintenance expenses incurred because of 
the delay.

[[Page 297]]



Sec.  102-75.980  Who is responsible for protection and maintenance expenses if there is no written agreement or no Congressional appropriation to the disposal 
          agency?

    If there is no written agreement (between the landholding agency and 
the disposal agency) or no Congressional appropriation to the disposal 
agency, the landholding agency is responsible for all protection and 
maintenance expenses, without any right of contribution or reimbursement 
from the disposal agency.

                        Assistance in Disposition



Sec.  102-75.985  Is the landholding agency required to assist the disposal agency in the disposition process?

    Yes, the landholding agency must cooperate with the disposal agency 
in showing the property to prospective transferees or purchasers. Unless 
extraordinary expenses are incurred in showing the property, the 
landholding agency must absorb the entire cost of such actions.



    Subpart E_Abandonment, Destruction, or Donation to Public Bodies



Sec.  102-75.990  May Federal agencies abandon, destroy, or donate to public bodies real property?

    Yes, subject to the restrictions in this subpart, any Federal agency 
having control of real property that has no commercial value or for 
which the estimated cost of continued care and handling exceeds the 
estimated proceeds from its sale, may--
    (a) Abandon or destroy Government-owned improvements and related 
personal property located on privately-owned land;
    (b) Destroy Government-owned improvements and related personal 
property located on Government-owned land (abandonment of such property 
is not authorized); or
    (c) Donate to public bodies any Government-owned real property (land 
and/or improvements and related personal property), or interests 
therein.

                           Dangerous Property



Sec.  102-75.995  May Federal agencies dispose of dangerous property?

    No, property that is dangerous to public health or safety must be 
made harmless or have adequate safeguards in place before it can be 
abandoned, destroyed, or donated to public bodies.

                             Determinations



Sec.  102-75.1000  How is the decision made to abandon, destroy, or donate property?

    No property shall be abandoned, destroyed, or donated by a Federal 
agency under Sec.  102-75.990, unless a duly authorized official of that 
agency determines, in writing, that--
    (a) The property has no commercial value; or
    (b) The estimated cost of its continued care and handling exceeds 
the estimated proceeds from its sale.



Sec.  102-75.1005  Who can make the determination within the Federal agency on whether a property can be abandoned, destroyed, or donated?

    Only a duly authorized official of that agency not directly 
accountable for the subject property can make the determination.



Sec.  102-75.1010  When is a reviewing authority required to approve the determination concerning a property that is to be abandoned, destroyed, or donated?

    A reviewing authority must approve determinations made under Sec.  
102-75.1000 before any such disposal, whenever all the property proposed 
to be disposed of by a Federal agency has a current estimated fair 
market value of more than $50,000.

                              Restrictions



Sec.  102-75.1015  Are there any restrictions on Federal agencies concerning property donations to public bodies?

    Yes, Federal agencies must obtain prior concurrence of GSA before 
donating to public bodies--
    (a) Improvements on land or related personal property having a 
current estimated fair market value in excess of $250,000; and

[[Page 298]]

    (b) Land, regardless of cost.

                             Disposal Costs



Sec.  102-75.1020  Are public bodies ever required to pay the disposal costs associated with donated property?

    Yes, any public body receiving donated improvements on land or 
related personal property must pay the disposal costs associated with 
the donation, such as dismantling, removal, and the cleaning up of the 
premises.

                       Abandonment and Destruction



Sec.  102-75.1025  When can a Federal agency abandon or destroy improvements on land or related personal property in lieu of donating it to a public body?

    A Federal agency may not abandon or destroy improvements on land or 
related personal property unless a duly authorized official of that 
agency finds, in writing, that donating the property is not feasible. 
This written finding is in addition to the determination prescribed in 
Sec. Sec.  102-75.1000, 102-75.1005, and 102-75.1010. If donating the 
property becomes feasible at any time prior to actually abandoning or 
destroying the property, the Federal agency must donate it.



Sec.  102-75.1030  May Federal agencies abandon or destroy property in any manner they decide?

    No, Federal agencies may not abandon or destroy property in a manner 
that is detrimental or dangerous to public health or safety or that will 
infringe on the rights of other persons.



Sec.  102-75.1035  Are there any restrictions on Federal agencies concerning the abandonment or destruction of improvements on land or related personal 
          property?

    Yes, GSA must concur in an agency's abandonment or destruction of 
improvements on land or related personal property prior to abandoning or 
destroying such improvements on land or related personal property--
    (a) That are of permanent type construction; or
    (b) The retention of which would enhance the value of the underlying 
land, if it were to be made available for sale or lease.



Sec.  102-75.1040  May Federal agencies abandon or destroy improvements on land or related personal property before public notice is given of such proposed 
          abandonment or destruction?

    Except as provided in Sec.  102-75.1045, a Federal agency must not 
abandon or destroy improvements on land or related personal property 
until after it has given public notice of the proposed abandonment or 
destruction. This notice must be given in the area in which the property 
is located, must contain a general description of the property to be 
abandoned or destroyed, and must include an offering of the property for 
sale. A copy of the notice must be given to the GSA regional property 
disposal office for the region in which the property is located.



Sec.  102-75.1045  Are there exceptions to the policy that requires public notice be given before Federal agencies abandon or destroy improvements on land or 
          related personal property?

    Yes, property can be abandoned or destroyed without public notice 
if--
    (a) Its value is so low or the cost of its care and handling so 
great that retaining the property to post public notice is clearly not 
economical;
    (b) Health, safety, or security considerations require its immediate 
abandonment or destruction; or
    (c) The assigned mission of the agency might be jeopardized by the 
delay, and a duly authorized Federal agency official finds in writing, 
with respect to paragraph (a), (b), or (c) of this section, and a 
reviewing authority approves this finding. The finding must be in 
addition to the determinations prescribed in Sec. Sec.  102-75.1000, 
102-75.1005, 102-75.1010, and 102-75.1025.



Sec.  102-75.1050  Is there any property for which this subpart does not apply?

    Yes, this subpart does not apply to surplus property assigned for 
disposal to educational or public health institutions pursuant to 40 
U.S.C. 550(c) or (d).

[[Page 299]]



                          Subpart F_Delegations

              Delegation to the Department of Defense (DoD)



Sec.  102-75.1055  What is the policy governing delegations of real property disposal authority to the Secretary of Defense?

    GSA delegates to the Secretary of Defense the authority to determine 
that Federal agencies do not need Department of Defense controlled 
excess real property and related personal property having a total 
estimated fair market value, including all the component units of the 
property, of less than $50,000; and to dispose of the property by means 
deemed most advantageous to the United States.



Sec.  102-75.1060  What must the Secretary of Defense do before determining that DoD-controlled excess real property and related personal property is not 
          required for the needs of any Federal agency and prior to 
          disposal?

    The Secretary must conduct a Federal screening to determine that 
there is no further Federal need or requirement for the property.



Sec.  102-75.1065  When using a delegation of real property disposal authority under this subpart, is DoD required to report excess property to GSA?

    No, although the authority in this delegation must be used following 
the provisions of Chapter 5 of Subtitle I of Title 40 of the United 
States Code and its implementing regulations.



Sec.  102-75.1070  Can this delegation of authority to the Secretary of Defense be redelegated?

    Yes, the Secretary of Defense may redelegate the authority delegated 
in Sec.  102-75.1055 to any officer or employee of the Department of 
Defense.

           Delegation to the Department of Agriculture (USDA)



Sec.  102-75.1075  What is the policy governing delegations of real property disposal authority to the Secretary of Agriculture?

    GSA delegates authority to the Secretary of Agriculture to determine 
that Federal agencies do not need USDA-controlled excess real property 
and related personal property having a total estimated fair market 
value, including all the component units of the property, of less than 
$50,000; and to dispose of the property by means deemed most 
advantageous to the United States.



Sec.  102-75.1080  What must the Secretary of Agriculture do before determining that USDA-controlled excess real property and related personal property is not 
          required for the needs of any Federal agency and prior to 
          disposal?

    The Secretary must conduct a Federal screening to determine that 
there is no further Federal need or requirement for the property.



Sec.  102-75.1085  When using a delegation of real property disposal authority under this subpart, is USDA required to report excess property to GSA?

    No, although the authority in this delegation must be used following 
the provisions of Chapter 5 of Subtitle I of Title 40 of the United 
States Code and its implementing regulations.



Sec.  102-75.1090  Can this delegation of authority to the Secretary of Agriculture be redelegated?

    Yes, the Secretary of Agriculture may redelegate authority delegated 
in Sec.  102-75.1075 to any officer or employee of the Department of 
Agriculture.

              Delegation to the Department of the Interior



Sec.  102-75.1095  What is the policy governing delegations of authority to the Secretary of the Interior?

    GSA delegates authority to the Secretary of the Interior to--
    (a) Maintain custody, control, and accountability for mineral 
resources in, on, or under Federal real property that the Administrator 
or his designee occasionally designates as currently utilized, excess, 
or surplus to the Government's needs;
    (b) Dispose of mineral resources by lease and to administer those 
leases that are made; and
    (c) Determine that Federal agencies do not need Department of the 
Interior

[[Page 300]]

controlled excess real property and related personal property with an 
estimated fair market value, including all components of the property, 
of less than $50,000; and to dispose of the property by means most 
advantageous to the United States.



Sec.  102-75.1100  Can this delegation of authority to the Secretary of the Interior be redelegated?

    Yes, the Secretary of the Interior may redelegate this authority to 
any officer, official, or employee of the Department of the Interior.



Sec.  102-75.1105  What other responsibilities does the Secretary of the Interior have under this delegation of authority?

    Under this authority, the Secretary of the Interior is responsible 
for--
    (a) Maintaining proper inventory records, as head of the landholding 
agency;
    (b) Monitoring the minerals as necessary, as head of the landholding 
agency, to prevent unauthorized mining or removal of the minerals;
    (c) Securing any appraisals deemed necessary by the Secretary;
    (d) Coordinating with all surface landowners, Federal or otherwise, 
to prevent unnecessary interference with the surface use;
    (e) Restoring damaged or disturbed lands after removal of the 
mineral deposits;
    (f) Notifying the Administrator of General Services when the 
disposal of all marketable mineral deposits is complete;
    (g) Complying with the applicable environmental laws and 
regulations, including the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321 et seq.); and the implementing regulations 
issued by the Council on Environmental Quality (40 CFR part 1500); 
section 106 of the National Historic Preservation Act of 1966, as 
amended (16 U.S.C. 470f); and the Coastal Zone Management Act of 1972 
(16 U.S.C. 1451 et seq.) and the Department of Commerce implementing 
regulations (15 CFR parts 923 and 930);
    (h) Forwarding promptly to the Administrator of General Services 
copies of any agreements executed under this authority; and
    (i) Providing the Administrator of General Services with an annual 
accounting of the proceeds received from leases executed under this 
authority.

                   Native American-Related Delegations



Sec.  102-75.1110  What is the policy governing delegations of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the 
          Secretary of Education for property used in the administration 
          of any Native American-related functions?

    GSA delegates authority to the Secretary of the Interior, the 
Secretary of Health and Human Services, and the Secretary of Education 
to transfer and to retransfer to each other, upon request, any of the 
property of each agency that is being used and will continue to be used 
in the administration of any functions relating to the Native Americans. 
The term property, as used in this delegation, includes real property 
and such personal property as the Secretary making the transfer or re-
transfer determines to be related personal property. The Departments 
must exercise the authority conferred in this section following 
applicable GSA regulations issued pursuant to the provisions of Chapter 
5 of Subtitle I of Title 40 of the United States Code.



Sec.  102-75.1115  Are there any limitations or restrictions on this delegation of authority?

    This authority must be used only in connection with property that 
the appropriate Secretary determines--
    (a) Comprises a functional unit;
    (b) Is located within the United States; and
    (c) Has an acquisition cost of $100,000 or less, provided that the 
transfer or retransfer does not include property situated in any area 
that is recognized as an urban area or place as identified by the most 
recent decennial census.



Sec.  102-75.1120  Does the property have to be Federally screened?

    No, screening is not required because it would accomplish no useful 
purpose, since the property subject to transfer or retransfer will 
continue to be used

[[Page 301]]

in the administration of any functions relating to Native Americans.



Sec.  102-75.1125  Can the transfer/retransfer under this delegation be at no cost or without consideration?

    Yes, transfers/retransfers under this delegation can be at no cost 
or without consideration, except--
    (a) Where funds programmed and appropriated for acquisition of the 
property are available to the Secretary requesting the transfer or 
retransfer; or
    (b) Whenever reimbursement at fair market value is required by 
subpart B of this part (entitled ``Utilization of Excess Real 
Property'').



Sec.  102-75.1130  What action must the Secretary requesting the transfer take where funds were not programmed and appropriated for acquisition of the property?

    The Secretary requesting the transfer or retransfer must certify in 
writing that no funds are available to acquire the property. The 
Secretary transferring or retransferring the property may make any 
determination necessary that would otherwise be made by GSA to carry out 
the authority contained in this delegation.



Sec.  102-75.1135  May this delegation of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education 
          be redelegated?

    Yes, the Secretary of the Interior, the Secretary of Health and 
Human Services, and the Secretary of Education may redelegate any of the 
authority contained in this delegation to any officers or employees of 
their respective departments.



  Subpart G_Conditional Gifts of Real Property to Further the Defense 
                                 Effort



Sec.  102-75.1140  What is the policy governing the acceptance or rejection of a conditional gift of real property for a particular defense purpose?

    Any Federal agency receiving an offer of a conditional gift of real 
property for a particular defense purpose within the purview of Chapter 
582-Public Law 537 (July 27, 1954) must notify the appropriate GSA 
regional property disposal office and must submit to GSA a 
recommendation indicating whether the Government should accept or reject 
the gift. Nothing in this subpart shall be construed as applicable to 
the acceptance of gifts under the provisions of other laws. Following 
receipt of such notification and recommendation, GSA must--
    (a) Consult with the interested agencies before it may accept or 
reject such conditional gifts of real property on behalf of the United 
States or before it transfers such conditional gifts of real property to 
an agency; and
    (b) Advise the donor and the agencies concerned of the action taken 
with respect to acceptance or rejection of the conditional gift and of 
its final disposition.



Sec.  102-75.1145  What action must the Federal agency receiving an offer of a conditional gift take?

    Prior to notifying the appropriate GSA regional property disposal 
office, the receiving Federal agency must acknowledge receipt of the 
offer in writing and advise the donor that the offer will be referred to 
the appropriate GSA regional property disposal office. The receiving 
agency must not indicate acceptance or rejection of the gift on behalf 
of the United States at this time. The receiving agency must provide a 
copy of the acknowledgment with the notification and recommendation to 
the GSA regional property disposal office.



Sec.  102-75.1150  What happens to the gift if GSA determines it to be acceptable?

    When GSA determines that the gift is acceptable and can be accepted 
and used in the form in which it was offered, GSA must designate an 
agency and transfer the gift without reimbursement to this agency to use 
as the donor intended.



Sec.  102-75.1155  May an acceptable gift of property be converted to money?

    GSA can determine whether or not a gift of property can and should 
be converted to money. After conversion, GSA must deposit the funds with 
the Treasury Department for transfer to an

[[Page 302]]

appropriate account that will best effectuate the intent of the donor, 
in accordance with Treasury Department procedures.



      Subpart H_Use of Federal Real Property to Assist the Homeless

                               Definitions



Sec.  102-75.1160  What definitions apply to this subpart?

    Applicant means any representative of the homeless that has 
submitted an application to the Department of Health and Human Services 
to obtain use of a particular suitable property to assist the homeless.
    Checklist or property checklist means the form developed by HUD for 
use by landholding agencies to report the information to be used by HUD 
in making determinations of suitability.
    Classification means a property's designation as unutilized, 
underutilized, excess, or surplus.
    Day means one calendar day, including weekends and holidays.
    Eligible organization means a State, unit of local government, or a 
private, non-profit organization that provides assistance to the 
homeless, and that is authorized by its charter or by State law to enter 
into an agreement with the Federal Government for use of real property 
for the purposes of this subpart. Representatives of the homeless 
interested in receiving a deed for a particular piece of surplus Federal 
property must be section 501(c)(3) tax exempt.
    Excess property means any property under the control of any 
Executive agency that is not required for the agency's needs or the 
discharge of its responsibilities, as determined by the head of the 
agency pursuant to 40 U.S.C. 524.
    GSA means the United States General Services Administration.
    HHS means the United States Department of Health and Human Services.
    Homeless means--
    (1) An individual or family that lacks a fixed, regular, and 
adequate nighttime residence; or
    (2) An individual or family that has a primary nighttime residence 
that is--
    (i) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing for the mentally ill);
    (ii) An institution that provides a temporary residence for 
individuals intended to be institutionalized; or
    (iii) A public or private place not designed for, or ordinarily used 
as, a regular sleeping accommodation for human beings. This term does 
not include any individual imprisoned or otherwise detained under an Act 
of Congress or a State law.
    HUD means the United States Department of Housing and Urban 
Development.
    ICH means the Interagency Council on the Homeless.
    Landholding agency means a Federal department or agency with 
statutory authority to control real property.
    Lease means an agreement between either HHS for surplus property, or 
landholding agencies in the case of non-excess properties or properties 
subject to the Base Closure and Realignment Act (Pub. L. 100-526, 10 
U.S.C. 2687), and the applicant, giving rise to the relationship of 
lessor and lessee for the use of Federal real property for a term of at 
least one year under the conditions set forth in the lease document.
    Non-profit organization means an organization, no part of the net 
earnings of which inures to the benefit of any member, founder, 
contributor, or individual; that has a voluntary board; that has an 
accounting system or has designated an entity that will maintain a 
functioning accounting system for the organization in accordance with 
generally accepted accounting procedures; and that practices 
nondiscrimination in the provision of assistance.
    Permit means a license granted by a landholding agency to use 
unutilized or underutilized property for a specific amount of time under 
terms and conditions determined by the landholding agency.
    Property means real property consisting of vacant land or buildings, 
or a portion thereof, that is excess, surplus,

[[Page 303]]

or designated as unutilized or underutilized in surveys by the heads of 
landholding agencies conducted pursuant to 40 U.S.C. 524.
    Regional Homeless Coordinator means a regional coordinator of the 
Interagency Council on the Homeless.
    Representative of the Homeless means a State or local government 
agency, or private non-profit organization that provides, or proposes to 
provide, services to the homeless.
    Screen means the process by which GSA surveys Federal agencies, or 
State, local and non-profit entities, to determine if any such entity 
has an interest in using excess Federal property to carry out a 
particular agency mission or a specific public use.
    State Homeless Coordinator means a State contact person designated 
by a State to receive and disseminate information and communications 
received from the Interagency Council on the Homeless in accordance with 
the McKinney-Vento Homeless Assistance Act of 1987, as amended (42 
U.S.C. 11320).
    Suitable property means that HUD has determined that a particular 
property satisfies the criteria listed in Sec.  102-75.1185.
    Surplus property means any excess real property not required by any 
Federal landholding agency for its needs or the discharge of its 
responsibilities, as determined by the Administrator of GSA.
    Underutilized means an entire property or portion thereof, with or 
without improvements, which is used only at irregular periods or 
intermittently by the accountable landholding agency for current program 
purposes of that agency, or which is used for current program purposes 
that can be satisfied with only a portion of the property.
    Unsuitable property means that HUD has determined that a particular 
property does not satisfy the criteria in Sec.  102-75.1185.
    Unutilized property means an entire property or portion thereof, 
with or without improvements, not occupied for current program purposes 
for the accountable Executive agency or occupied in caretaker status 
only.

                              Applicability



Sec.  102-75.1165  What is the applicability of this subpart?

    (a) This part applies to Federal real property that has been 
designated by Federal landholding agencies as unutilized, underutilized, 
excess, or surplus, and is, therefore, subject to the provisions of 
title V of the McKinney-Vento Homeless Assistance Act, as amended (42 
U.S.C. 11411).
    (b) The following categories of properties are not subject to this 
subpart (regardless of whether they may be unutilized or underutilized):
    (1) Machinery and equipment.
    (2) Government-owned, contractor-operated machinery, equipment, 
land, and other facilities reported excess for sale only to the using 
contractor and subject to a continuing military requirement.
    (3) Properties subject to special legislation directing a particular 
action.
    (4) Properties subject to a court order.
    (5) Property not subject to survey requirements of Executive Order 
12512 (April 29, 1985).
    (6) Mineral rights interests.
    (7) Air Space interests.
    (8) Indian Reservation land subject to 40 U.S.C. 523.
    (9) Property interests subject to reversion.
    (10) Easements.
    (11) Property purchased in whole or in part with Federal funds, if 
title to the property is not held by a Federal landholding agency as 
defined in this part.

                       Collecting the Information



Sec.  102-75.1170  How will information be collected?

    (a) Canvass of landholding agencies. On a quarterly basis, HUD will 
canvass landholding agencies to collect information about property 
described as unutilized, underutilized, excess, or surplus in surveys 
conducted by the agencies under 40 U.S.C. 524, Executive Order 12512, 
and subpart H of this part. Each canvass will collect information on 
properties not previously reported and about property reported 
previously the status or classification of which

[[Page 304]]

has changed or for which any of the information reported on the property 
checklist has changed.
    (1) HUD will request descriptive information on properties 
sufficient to make a reasonable determination, under the criteria 
described below, of the suitability of a property for use as a facility 
to assist the homeless.
    (2) HUD will direct landholding agencies to respond to requests for 
information within 25 days of receipt of such requests.
    (b) Agency annual report. By December 31 of each year, each 
landholding agency must notify HUD regarding the current availability 
status and classification of each property controlled by the agency 
that--
    (1) Was included in a list of suitable properties published that 
year by HUD; and
    (2) Remains available for application for use to assist the 
homeless, or has become available for application during that year.
    (c) GSA inventory. HUD will collect information, in the same manner 
as described in paragraph (a) of this section, from GSA regarding 
property that is in GSA's current inventory of excess or surplus 
property.
    (d) Change in status. If the information provided on the property 
checklist changes subsequent to HUD's determination of suitability, and 
the property remains unutilized, underutilized, excess or surplus, the 
landholding agency must submit a revised property checklist in response 
to the next quarterly canvass. HUD will make a new determination of 
suitability and, if it differs from the previous determination, 
republish the property information in the Federal Register. For example, 
property determined unsuitable for national security concerns may no 
longer be subject to security restrictions, or property determined 
suitable may subsequently be found to be contaminated.

                        Suitability Determination



Sec.  102-75.1175  Who issues the suitability determination?

    (a) Suitability determination. Within 30 days after the receipt of 
information from landholding agencies regarding properties that were 
reported pursuant to the canvass described in Sec.  102-75.1170(a), HUD 
will determine, under criteria set forth in Sec.  102-75.1185, which 
properties are suitable for use as facilities to assist the homeless and 
report its determination to the landholding agency. Properties that are 
under lease, contract, license, or agreement by which a Federal agency 
retains a real property interest or which are scheduled to become 
unutilized or underutilized will be reviewed for suitability no earlier 
than six months prior to the expected date when the property will become 
unutilized or underutilized, except that properties subject to the Base 
Closure and Realignment Act may be reviewed up to eighteen months prior 
to the expected date when the property will become unutilized or 
underutilized.
    (b) Scope of suitability. HUD will determine the suitability of a 
property for use as a facility to assist the homeless without regard to 
any particular use.
    (c) Environmental information. HUD will evaluate the environmental 
information contained in property checklists forwarded to HUD by the 
landholding agencies solely for the purpose of determining suitability 
of properties under the criteria in Sec.  102-75.1185.
    (d) Written record of suitability determination. HUD will assign an 
identification number to each property reviewed for suitability. HUD 
will maintain a written public record of the following:
    (1) The suitability determination for a particular piece of 
property, and the reasons for that determination; and
    (2) The landholding agency's response to the determination pursuant 
to the requirements of Sec.  102-75.1190(a).
    (e) Property determined unsuitable. Property that is reviewed by HUD 
under this section and that is determined unsuitable for use to assist 
the homeless may not be made available for any other purpose for 20 days 
after publication in the Federal Register of a notice of unsuitability 
to allow for review of the determination at the request of a 
representative of the homeless.
    (f) Procedures for appealing unsuitability determinations. (1) To 
request review of a determination of

[[Page 305]]

unsuitability, a representative of the homeless must contact HUD within 
20 days of publication of notice in the Federal Register that a property 
is unsuitable. Requests may be submitted to HUD in writing or by calling 
1-800-927-7588 (Toll Free). Written requests must be received no later 
than 20 days after notice of unsuitability is published in the Federal 
Register.
    (2) Requests for review of a determination of unsuitability may be 
made only by representatives of the homeless, as defined in Sec.  102-
75.1160.
    (3) The request for review must specify the grounds on which it is 
based, i.e., that HUD has improperly applied the criteria or that HUD 
has relied on incorrect or incomplete information in making the 
determination (e.g., that property is in a floodplain but not in a 
floodway).
    (4) Upon receipt of a request to review a determination of 
unsuitability, HUD will notify the landholding agency that such a 
request has been made, request that the agency respond with any 
information pertinent to the review, and advise the agency that it 
should refrain from initiating disposal procedures until HUD has 
completed its reconsideration regarding unsuitability.
    (i) HUD will act on all requests for review within 30 days of 
receipt of the landholding agency's response and will notify the 
representative of the homeless and the landholding agency in writing of 
its decision.
    (ii) If a property is determined suitable as a result of the review, 
HUD will request the landholding agency's determination of availability 
pursuant to Sec.  102-75.1190(a), upon receipt of which HUD will 
promptly publish the determination in the Federal Register. If the 
determination of unsuitability stands, HUD will inform the 
representative of the homeless of its decision.

                  Real Property Reported Excess to GSA



Sec.  102-75.1180  For the purposes of this subpart, what is the policy concerning real property reported excess to GSA?

    (a) Each landholding agency must submit a report to GSA of 
properties it determines excess. Each landholding agency must also 
provide a copy of HUD's suitability determination, if any, including 
HUD's identification number for the property.
    (b) If a landholding agency reports a property to GSA that has been 
reviewed by HUD for homeless assistance suitability and HUD determined 
the property suitable, GSA will screen the property pursuant to Sec.  
102-75.1180(g) and will advise HUD of the availability of the property 
for use by the homeless as provided in Sec.  102-75.1180(e). In lieu of 
the above, GSA may submit a new checklist to HUD and follow the 
procedures in Sec.  102-75.1180(c) through Sec.  102-75.1180(g).
    (c) If a landholding agency reports a property to GSA that has not 
been reviewed by HUD for homeless assistance suitability, GSA will 
complete a property checklist, based on information provided by the 
landholding agency, and will forward this checklist to HUD for a 
suitability determination. This checklist will reflect any change in 
classification, i.e., from unutilized or underutilized to excess.
    (d) Within 30 days after GSA's submission, HUD will advise GSA of 
the suitability determination.
    (e) When GSA receives a letter from HUD listing suitable excess 
properties in GSA's inventory, GSA will transmit to HUD within 45 days a 
response that includes the following for each identified property:
    (1) A statement that there is no other compelling Federal need for 
the property and, therefore, the property will be determined surplus; or
    (2) A statement that there is further and compelling Federal need 
for the property (including a full explanation of such need) and that, 
therefore, the property is not presently available for use to assist the 
homeless.
    (f) When an excess property is determined suitable and available and 
notice is published in the Federal Register, GSA will concurrently 
notify HHS, HUD, State and local government units, known homeless 
assistance providers that have expressed interest in the particular 
property, and other organizations, as appropriate, concerning suitable 
properties.
    (g) Upon submission of a Report of Excess to GSA, GSA may screen the

[[Page 306]]

property for Federal use. In addition, GSA may screen State and local 
governmental units and eligible non-profit organizations to determine 
interest in the property in accordance with current regulations. (See 
GSA Customer Guide to Real Property Disposal.)
    (h) The landholding agency will retain custody and accountability 
and will protect and maintain any property that is reported excess to 
GSA as provided in Sec.  102-75.965.

                          Suitability Criteria



Sec.  102-75.1185  What are suitability criteria?

    (a) All properties, buildings, and land will be determined suitable 
unless a property's characteristics include one or more of the following 
conditions:
    (1) National security concerns. A property located in an area to 
which the general public is denied access in the interest of national 
security (e.g., where a special pass or security clearance is a 
condition of entry to the property) will be determined unsuitable. Where 
alternative access can be provided for the public without compromising 
national security, the property will not be determined unsuitable on 
this basis.
    (2) Property containing flammable or explosive materials. A property 
located within 2,000 feet of an industrial, commercial, or Federal 
facility handling flammable or explosive material (excluding underground 
storage) will be determined unsuitable. Above ground containers with a 
capacity of 100 gallons or less, or larger containers that provide the 
heating or power source for the property, and that meet local safety, 
operation, and permitting standards, will not affect whether a 
particular property is determined suitable or unsuitable. Underground 
storage, gasoline stations, and tank trucks are not included in this 
category, and their presence will not be the basis of an unsuitability 
determination unless there is evidence of a threat to personal safety as 
provided in paragraph (a)(5) of this section.
    (3) Runway clear zone and military airfield clear zone. A property 
located within an airport runway clear zone or military airfield clear 
zone will be determined unsuitable.
    (4) Floodway. A property located in the floodway of a 100-year 
floodplain will be determined unsuitable. If the floodway has been 
contained or corrected, or if only an incidental portion of the property 
not affecting the use of the remainder of the property is in the 
floodway, the property will not be determined unsuitable.
    (5) Documented deficiencies. A property with a documented and 
extensive condition(s) that represents a clear threat to personal 
physical safety will be determined unsuitable. Such conditions may 
include, but are not limited to, contamination, structural damage, 
extensive deterioration, friable asbestos, PCBs, natural hazardous 
substances such as radon, periodic flooding, sinkholes, or earth slides.
    (6) Inaccessible. A property that is inaccessible will be determined 
unsuitable. An inaccessible property is one that is not accessible by 
road (including property on small off-shore islands) or is land locked 
(e.g., can be reached only by crossing private property and there is no 
established right or means of entry).
    (b) [Reserved]

                      Determination of Availability



Sec.  102-75.1190  What is the policy concerning determination of availability statements?

    (a) Within 45 days after receipt of a letter from HUD pursuant to 
Sec.  102-75.1170(a), each landholding agency must transmit to HUD a 
statement of one of the following:
    (1) In the case of unutilized or underutilized property--
    (i) An intention to declare the property excess;
    (ii) An intention to make the property available for use to assist 
the homeless; or
    (iii) The reasons why the property cannot be declared excess or made 
available for use to assist the homeless. The reasons given must be 
different than those listed as suitability criteria in Sec.  102-
75.1185.
    (2) In the case of excess property that had previously been reported 
to GSA--
    (i) A statement that there is no compelling Federal need for the 
property

[[Page 307]]

and that, therefore, the property will be determined surplus; or
    (ii) A statement that there is a further and compelling Federal need 
for the property (including a full explanation of such need) and that, 
therefore, the property is not presently available for use to assist the 
homeless.
    (b) [Reserved]

                     Public Notice of Determination



Sec.  102-75.1195  What is the policy concerning making public the notice of determination?

    (a) No later than 15 days after the last-45 day period has elapsed 
for receiving responses from the landholding agencies regarding 
availability, HUD will publish in the Federal Register a list of all 
properties reviewed, including a description of the property, its 
address, and classification. The following designations will be made:
    (1) Properties that are suitable and available.
    (2) Properties that are suitable and unavailable.
    (3) Properties that are suitable and to be declared excess.
    (4) Properties that are unsuitable.
    (b) Information about specific properties can be obtained by 
contacting HUD at the following toll free number: 1-800-927-7588.
    (c) HUD will transmit to the ICH a copy of the list of all 
properties published in the Federal Register. The ICH will immediately 
distribute to all state and regional homeless coordinators area-relevant 
portions of the list. The ICH will encourage the state and regional 
homeless coordinators to disseminate this information widely.
    (d) No later than February 15 of each year, HUD will publish in the 
Federal Register a list of all properties reported pursuant to Sec.  
102-75.1170(b).
    (e) HUD will publish an annual list of properties determined 
suitable, but that agencies reported unavailable, including the reasons 
such properties are not available.
    (f) Copies of the lists published in the Federal Register will be 
available for review by the public in the HUD headquarters building 
library (room 8141); area-relevant portions of the lists will be 
available in the HUD regional offices and in major field offices.

                           Application Process



Sec.  102-75.1200  How may representatives of the homeless apply for the use of properties to assist the homeless?

    (a) Holding period. (1) Properties published as available for 
application for use to assist the homeless shall not be available for 
any other purpose for a period of 60 days beginning on the date of 
publication. Any representative of the homeless interested in any 
underutilized, unutilized, excess or surplus Federal property for use as 
a facility to assist the homeless must send to HHS a written expression 
of interest in that property within 60 days after the property has been 
published in the Federal Register.
    (2) If a written expression of interest to apply for suitable 
property for use to assist the homeless is received by HHS within the 
60-day holding period, such property may not be made available for any 
other purpose until the date HHS or the appropriate landholding agency 
has completed action on the application submitted pursuant to that 
expression of interest.
    (3) The expression of interest should identify the specific 
property, briefly describe the proposed use, the name of the 
organization, and indicate whether it is a public body or a private, 
non-profit organization. The expression of interest must be sent to the 
Division of Health Facilities Planning (DHFP) of the Department of 
Health and Human Services at the following address: Director, Division 
of Health Facilities Planning, Public Health Service, Room 17A-10, 
Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 20857. HHS 
will notify the landholding agency (for unutilized and underutilized 
properties) or GSA (for excess and surplus properties) when an 
expression of interest has been received for a particular property.
    (4) An expression of interest may be sent to HHS any time after the 
60-day holding period has expired. In such a case, an application 
submitted pursuant to this expression of interest may be approved for 
use by the homeless if--

[[Page 308]]

    (i) No application or written expression of interest has been made 
under any law for use of the property for any purpose; and
    (ii) In the case of excess or surplus property, GSA has not received 
a bona fide offer to purchase that property or advertised for the sale 
of the property by public auction.
    (b) Application requirements. Upon receipt of an expression of 
interest, DHFP will send an application packet to the interested entity. 
The application packet requires the applicant to provide certain 
information, including the following:
    (1) Description of the applicant organization. The applicant must 
document that it satisfies the definition of a ``representative of the 
homeless,'' as specified in Sec.  102-75.1160. The applicant must 
document its authority to hold real property. Private, non-profit 
organizations applying for deeds must document that they are section 
501(c)(3) tax-exempt.
    (2) Description of the property desired. The applicant must describe 
the property desired and indicate that any modifications made to the 
property will conform to local use restrictions, except for, in the case 
of leasing the property, local zoning regulations.
    (3) Description of the proposed program. The applicant must fully 
describe the proposed program and demonstrate how the program will 
address the needs of the homeless population to be assisted. The 
applicant must fully describe what modifications will be made to the 
property before the program becomes operational.
    (4) Ability to finance and operate the proposed program. The 
applicant must specifically describe all anticipated costs and sources 
of funding for the proposed program. The applicant must indicate that it 
can assume care, custody, and maintenance of the property and that it 
has the necessary funds or the ability to obtain such funds to carry out 
the approved program of use for the property.
    (5) Compliance with non-discrimination requirements. Each applicant 
and lessee under this part must certify in writing that it will comply 
with the requirements of the Fair Housing Act (42 U.S.C. 3601-3619) and 
implementing regulations; and as applicable, Executive Order 11063 
(Equal Opportunity in Housing) and implementing regulations; Title VI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4) (Nondiscrimination 
in Federally-Assisted Programs) and implementing regulations; the 
prohibitions against discrimination on the basis of age under the Age 
Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing 
regulations; and the prohibitions against otherwise qualified 
individuals with handicaps under section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794) and implementing regulations. The applicant must 
state that it will not discriminate on the basis of race, color, 
national origin, religion, sex, age, familial status, or disability in 
the use of the property, and will maintain the required records to 
demonstrate compliance with Federal laws.
    (6) Insurance. The applicant must certify that it will insure the 
property against loss, damage, or destruction in accordance with the 
requirements of 45 CFR Sec.  12.9.
    (7) Historic preservation. Where applicable, the applicant must 
provide information that will enable HHS to comply with Federal historic 
preservation requirements.
    (8) Environmental information. The applicant must provide sufficient 
information to allow HHS to analyze the potential impact of the 
applicant's proposal on the environment, in accordance with the 
instructions provided with the application packet. HHS will assist 
applicants in obtaining any pertinent environmental information in the 
possession of HUD, GSA, or the landholding agency.
    (9) Local government notification. The applicant must indicate that 
it has informed, in writing, the applicable unit of general local 
government responsible for providing sewer, water, police, and fire 
services of its proposed program.
    (10) Zoning and local use restrictions. The applicant must indicate 
that it will comply with all local use restrictions, including local 
building code requirements. Any applicant applying for a lease or permit 
for a particular property is not required to comply with

[[Page 309]]

local zoning requirements. Any applicant applying for a deed of a 
particular property, pursuant to Sec.  102-75.1200(b)(3), must comply 
with local zoning requirements, as specified in 45 CFR part 12.
    (c) Scope of evaluations. Due to the short time frame imposed for 
evaluating applications, HHS' evaluation will, generally, be limited to 
the information contained in the application.
    (d) Deadline. Completed applications must be received by DHFP, at 
the above address, within 90 days after an expression of interest is 
received from a particular applicant for that property. Upon written 
request from the applicant, HHS may grant extensions, provided that the 
appropriate landholding agency concurs with the extension. Because each 
applicant will have a different deadline based on the date the applicant 
submitted an expression of interest, applicants should contact the 
individual landholding agency to confirm that a particular property 
remains available prior to submitting an application.
    (e) Evaluations. (1) Upon receipt of an application, HHS will review 
it for completeness and, if incomplete, may return it or ask the 
applicant to furnish any missing or additional required information 
prior to final evaluation of the application.
    (2) HHS will evaluate each completed application within 25 days of 
receipt and will promptly advise the applicant of its decision. 
Applications are evaluated on a first-come, first-serve basis. HHS will 
notify all organizations that have submitted expressions of interest for 
a particular property regarding whether the first application received 
for that property has been approved or disapproved. All applications 
will be reviewed on the basis of the following elements, which are 
listed in descending order of priority, except that paragraphs 
(e)(2)(iv) and (e)(2)(v) of this section are of equal importance:
    (i) Services offered. The extent and range of proposed services, 
such as meals, shelter, job training, and counseling.
    (ii) Need. The demand for the program and the degree to which the 
available property will be fully utilized.
    (iii) Implementation time. The amount of time necessary for the 
proposed program to become operational.
    (iv) Experience. Demonstrated prior success in operating similar 
programs and recommendations attesting to that fact by Federal, State, 
and local authorities.
    (v) Financial ability. The adequacy of funding that will likely be 
available to run the program fully and properly and to operate the 
facility.
    (3) Additional evaluation factors may be added as deemed necessary 
by HHS. If additional factors are added, the application packet will be 
revised to include a description of these additional factors.
    (4) If HHS receives one or more competing applications for a 
property within 5 days of the first application, HHS will evaluate all 
completed applications simultaneously. HHS will rank approved 
applications based on the elements listed in Sec.  102-75.1200(e)(2) and 
notify the landholding agency, or GSA, as appropriate, of the relative 
ranks.

                     Action on Approved Applications



Sec.  102-75.1205  What action must be taken on approved applications?

    (a) Unutilized and underutilized properties. (1) When HHS approves 
an application, it will so notify the applicant and forward a copy of 
the application to the landholding agency. The landholding agency will 
execute the lease, or permit document, as appropriate, in consultation 
with the applicant.
    (2) The landholding agency maintains the discretion to decide the 
following:
    (i) The length of time the property will be available. (Leases and 
permits will be for a period of at least one year, unless the applicant 
requests a shorter term.)
    (ii) Whether to grant use of the property pursuant to a lease or 
permit.
    (iii) The terms and conditions of the lease or permit document.
    (b) Excess and surplus properties. (1) When HHS approves an 
application, it will so notify the applicant and request that GSA assign 
the property to HHS for leasing. Upon receipt of the assignment, HHS 
will execute a lease in accordance with the procedures and requirements 
set out in 45 CFR part 12.

[[Page 310]]

In accordance with Sec.  102-75.965, custody and accountability of the 
property will remain throughout the lease term with the agency that 
initially reported the property as excess.
    (2) Prior to assignment to HHS, GSA may consider other Federal uses 
and other important national needs; however, in deciding the disposition 
of surplus real property, GSA will generally give priority of 
consideration to uses to assist the homeless. GSA may consider any 
competing request for the property made under 40 U.S.C. 550 (education, 
health, public park or recreation, and historic monument uses) that is 
so meritorious and compelling that it outweighs the needs of the 
homeless, and HHS may likewise consider any competing request made under 
40 U.S.C. 550(c) or (d) (education and health uses).
    (3) Whenever GSA or HHS decides in favor of a competing request over 
a request for property for homeless assistance use as provided in 
paragraph (b)(2) of this section, the agency making the decision will 
transmit to the appropriate committees of the Congress an explanatory 
statement that details the need satisfied by conveyance of the surplus 
property, and the reasons for determining that such need was so 
meritorious and compelling as to outweigh the needs of the homeless.
    (4) Deeds. Surplus property may be conveyed to representatives of 
the homeless pursuant to 40 U.S.C. 550, and section 501(f) of the 
McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11411. 
Representatives of the homeless must complete the application packet 
pursuant to the requirements of Sec.  102-75.1200 and in accordance with 
the requirements of 45 CFR part 12.
    (c) Completion of lease term and reversion of title. Lessees and 
grantees will be responsible for the protection and maintenance of the 
property during the time that they possess the property. Upon 
termination of the lease term or reversion of title to the Federal 
Government, the lessee or grantee will be responsible for removing any 
improvements made to the property and will be responsible for 
restoration of the property. If such improvements are not removed, they 
will become the property of the Federal Government. GSA or the 
landholding agency, as appropriate, will assume responsibility for 
protection and maintenance of a property when the lease terminates or 
title reverts.

                          Unsuitable Properties



Sec.  102-75.1210  What action must be taken on properties determined unsuitable for homeless assistance?

    The landholding agency will defer, for 20 days after the date that 
notice of a property is published in the Federal Register, action to 
dispose of properties determined unsuitable for homeless assistance. HUD 
will inform landholding agencies or GSA, if a representative of the 
homeless files an appeal of unsuitability pursuant to Sec.  102-
75.1175(f)(4). HUD will advise the agency that it should refrain from 
initiating disposal procedures until HUD has completed its 
reconsideration process regarding unsuitability. Thereafter, or if no 
appeal has been filed after 20 days, GSA or the appropriate landholding 
agency may proceed with disposal action in accordance with applicable 
law.

                        No Applications Approved



Sec.  102-75.1215  What action must be taken if there is no expression of interest?

    (a) At the end of the 60-day holding period described in Sec.  102-
75.1200(a), HHS will notify GSA, or the landholding agency, as 
appropriate, if an expression of interest has been received for a 
particular property. Where there is no expression of interest, GSA or 
the landholding agency, as appropriate, will proceed with disposal in 
accordance with applicable law.
    (b) Upon advice from HHS that all applications have been 
disapproved, or if no completed applications or requests for extensions 
have been received by HHS within 90 days from the date of the last 
expression of interest, disposal may proceed in accordance with 
applicable law.

[[Page 311]]



              Subpart I_Screening of Federal Real Property



Sec.  102-75.1220  How do landholding agencies find out if excess Federal real property is available?

    If agencies report excess real and related personal property to GSA, 
GSA conducts a ``Federal screening'' for the property. Federal screening 
consists of developing a ``Notice of Availability'' and circulating the 
``Notice'' among all Federal landholding agencies for a maximum of 30 
days.



Sec.  102-75.1225  What details are provided in the ``Notice of Availability''?

    The ``Notice of Availability'' describes the physical 
characteristics of the property; it also provides information on 
location, hazards or restrictions, contact information, and a date by 
which an interested Federal agency must respond in writing to indicate a 
definite or potential need for the property.



Sec.  102-75.1230  How long does an agency have to indicate its interest in the property?

    Generally, agencies have 30 days to express written interest in the 
property. However, sometimes GSA has cause to conduct an expedited 
screening of the real property and the time allotted for responding is 
less than 30 days. The Notice of Availability always contains a 
``respond by'' date.



Sec.  102-75.1235  Where should an agency send its written response to the ``Notice of Availability''?

    Look for the contact information provided in the Notice of 
Availability. Most likely, an agency will be directed to contact one of 
GSA's regional offices.



Sec.  102-75.1240  Who, from the interested landholding agency, should submit the written response to GSA's ``Notice of Availability''?

    An authorized official of the landholding agency must sign the 
written response to the Notice of Availability. An ``authorized 
official'' is one who is responsible for acquisition and/or disposal 
decisions (e.g., head of the agency or official designee).



Sec.  102-75.1245  What happens after the landholding agency properly responds to a ``Notice of Availability''?

    The landholding agency has 60 days (from the expiration date of the 
``Notice of Availability'') to submit a formal transfer request for the 
property. Absent a formal request for transfer within the prescribed 60 
days, GSA may, at its discretion, pursue other disposal options.



Sec.  102-75.1250  What if the agency is not quite sure it wants the property and needs more time to decide?

    If the written response to the ``Notice of Availability'' indicates 
a potential need, then the agency has an additional 30 days (from the 
expiration date of the ``Notice of Availability'') to determine whether 
or not its has a definite requirement for the property, and then 60 days 
to submit a transfer request.



Sec.  102-75.1255  What happens when more than one agency has a valid interest in the property?

    GSA will attempt to facilitate an equitable solution between the 
agencies involved. However, the Administrator has final decision making 
authority in determining which requirement aligns with the Federal 
Government's best interests.



Sec.  102-75.1260  Does GSA conduct Federal screening on every property reported as excess real property?

    No. GSA may waive the Federal screening for excess real property 
when it determines that doing so is in the best interest of the Federal 
Government.
    Below is a sample list of some of the factors GSA may consider when 
making the decision to waive Federal screening. This list is a 
representative sample and is not all-inclusive:
    (a) There is a known Federal need;
    (b) The property is located within the boundaries of tribal lands;
    (c) The property has known disposal limitations precluding further 
Federal use (e.g., title and/or utilization restrictions; reported 
excess specifically for participation in the Relocation Program; 
reported excess for transfer to the current operating contractor who

[[Page 312]]

will continue production according to the terms of the disposal 
documents; directed for disposal by law or special legislation);
    (d) The property will be transferred to a ``potentially responsible 
party'' (PRP) that stored, released, or disposed of hazardous substances 
at the Government-owned facility;
    (e) The property is an easement;
    (f) The excess property is actually a leasehold interest where there 
are Government-owned improvements with substantial value and cannot be 
easily removed;
    (g) Government-owned improvements on Government-owned land, where 
the land is neither excess nor expected to become excess; or
    (h) Screening for public benefit uses, except for the McKinney-Vento 
homeless screening, for specific property disposal considerations (see 
Sec.  102-75.351).



Sec.  102-75.1265  Are extensions granted to the Federal screening and response timeframes?

    Generally, no. GSA believes the timeframes are sufficient for 
agencies to make a decision and respond. Requests for extensions must be 
strongly justified and approved by the appropriate GSA Regional 
Administrator. For example, agencies may request an extension of time to 
submit their formal transfer request if they are not promptly provided 
GSA's estimate of FMV after submission of the initial expression of 
interest. Agencies requesting extensions must also submit an agreement 
accepting responsibility for providing and funding protection and 
maintenance for the requested property during the period of the 
extension until the property is transferred to the requesting agency or 
the requesting agency notifies GSA that it is no longer interested in 
the property. This assumption of protection and maintenance 
responsibility also applies to extensions associated with a requesting 
agency's request for an exception from the 100 percent reimbursement 
requirement (see Sec.  102-75.205).



Sec.  102-75.1270  How does an agency request a transfer of Federal real property?

    Agencies must use GSA Form 1334, Request for Transfer of Excess Real 
and Related Personal Property.



Sec.  102-75.1275  Does a requesting agency have to pay for excess real property?

    Yes. GSA is required by law to obtain full fair market value (as 
determined by the Administrator) for all real property (see Sec.  102-
75.190), except when a transfer without reimbursement has been 
authorized (see Sec.  102-75.205). GSA, upon receipt of a valid 
expression of interest, will promptly provide each interested 
landholding agency with an estimate of fair market value for the 
property. GSA may transfer property without reimbursement, if directed 
to do so by law or special legislation and for the following purposes:
    (a) Migratory Bird Management under Pub. L. 80-537, as amended by 
Pub. L. 92-432.
    (b) Wildlife Conservation under Pub. L. 80-537.
    (c) Federal Correctional facilities.
    (d) Joint Surveillance System.



Sec.  102-75.1280  What happens if the property has already been declared surplus and an agency discovers a need for it?

    GSA can redesignate surplus property as excess property, if the 
agency requests the property for use in direct support of its mission 
and GSA is satisfied that this transfer would be in the best interests 
of the Federal Government.



Sec.  102-75.1285  How does GSA transfer excess real property to the requesting agency?

    GSA transfers the property via letter assigning ``custody and 
accountability'' for the property to the requesting agency. Title to the 
property is held in the name of the United States; however, the 
requesting agency becomes the landholding agency and is responsible for 
providing and funding protection and maintenance for the property.

[[Page 313]]



Sec.  102-75.1290  What happens if the landholding agency requesting the property does not promptly accept custody and accountability?

    (a) The requesting agency must assume protection and maintenance 
responsibilities for the property within 30 days of the date of the 
letter assigning custody and accountability for the property.
    (b) After notifying the requesting agency, GSA may, at its 
discretion, pursue other disposal options.



PART 102	76_DESIGN AND CONSTRUCTION--Table of Contents



                      Subpart A_General Provisions

Sec.
102-76.5 What is the scope of this part?
102-76.10 What basic design and construction policy governs Federal 
          agencies?

                    Subpart B_Design and Construction

102-76.15 What are design and construction services?
102-76.20 What issues must Federal agencies consider in providing site 
          planning and landscape design services?
102-76.25 What standards must Federal agencies meet in providing 
          architectural and interior design services?
102-76.30 What seismic safety standards must Federal agencies follow in 
          the design and construction of Federal facilities?

                National Environmental Policy Act of 1969

102-76.35 What is the purpose of the National Environmental Policy Act 
          of 1969, as amended (NEPA)?
102-76.40 To which real property actions does NEPA apply?
102-76.45 What procedures must Federal agencies follow to implement the 
          requirements of NEPA?

                         Sustainable Development

102-76.50 What is sustainable development?
102-76.55 What sustainable development principles must Federal agencies 
          apply to the siting, design, and construction of new 
          facilities?

                  Subpart C_Architectural Barriers Act

102-76.60 To which facilities does the Architectural Barriers Act Apply?
102-76.65 What standards must facilities subject to the Architectural 
          Barriers Act meet?
102-76.70 When are the costs of alterations to provide an accessible 
          path of travel to an altered area containing a primary 
          function disproportionate to the costs of the overall 
          alterations for facilities subject to the standards in Sec.  
          102-76.65(a)?
102-76.75 What costs are included in the costs of alterations to provide 
          an accessible path of travel to an altered area containing a 
          primary function for facilities subject to the standards in 
          Sec.  102-76.65(a)?
102-76.80 What is required if the costs of alterations to provide an 
          accessible path of travel to an altered area containing a 
          primary function are disproportionate to the costs of the 
          overall alterations for facilities subject to the standards in 
          Sec.  102-76.65(a)?
102-76.85 What is a primary function area for purposes of providing an 
          accessible route in leased facilities subject to the standards 
          in Sec.  102-76.65(a)?
102-76.90 Who has the authority to waive or modify the standards in 
          Sec.  102-76.65(a)?
102-76.95 What recordkeeping responsibilities do Federal agencies have?

    Authority: 40 U.S.C. 121(c) (in furtherance of the Administrator's 
authorities under 40 U.S.C. 3301-3315 and elsewhere as included under 40 
U.S.C. 581 and 583); 42 U.S.C. 4152; E.O. 12411, 48 FR 13391, 3 CFR, 
1983 Comp., p. 155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340.

    Source: 70 FR 67845, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-76.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. The accessibility standards in subpart C of this part apply to 
Federal agencies and other entities whose facilities are subject to the 
Architectural Barriers Act.

[70 FR 67845, Nov. 8, 2005, as amended at 72 FR 5943, Feb. 8, 2007]



Sec.  102-76.10  What basic design and construction policy governs Federal agencies?

    Federal agencies, upon approval from GSA, are bound by the following 
basic design and construction policies:
    (a) Provide the highest quality services for designing and 
constructing new

[[Page 314]]

Federal facilities and for repairing and altering existing Federal 
facilities. These services must be timely, efficient, and cost 
effective.
    (b) Use a distinguished architectural style and form in Federal 
facilities that reflects the dignity, enterprise, vigor and stability of 
the Federal Government.
    (c) Follow nationally recognized model building codes and other 
applicable nationally recognized codes that govern Federal construction 
to the maximum extent feasible and consider local building code 
requirements. (See 40 U.S.C. 3310 and 3312.)
    (d) Design Federal buildings to have a long life expectancy and 
accommodate periodic changes due to renovations.
    (e) Make buildings cost effective, energy efficient, and accessible 
to and usable by the physically disabled.
    (f) Provide for building service equipment that is accessible for 
maintenance, repair, or replacement without significantly disturbing 
occupied space.
    (g) Consider ease of operation when selecting mechanical and 
electrical equipment.
    (h) Agencies must follow the prospectus submission and approval 
policy identified in Sec. Sec.  102-73.35 and 102-73.40 of this chapter.



                    Subpart B_Design and Construction



Sec.  102-76.15  What are design and construction services?

    Design and construction services are--
    (a) Site planning and landscape design;
    (b) Architectural and interior design; and
    (c) Engineering systems design.



Sec.  102-76.20  What issues must Federal agencies consider in providing site planning and landscape design services?

    In providing site planning and design services, Federal agencies 
must--
    (a) Make the site planning and landscape design a direct extension 
of the building design;
    (b) Make a positive contribution to the surrounding landscape;
    (c) Consider requirements (other than procedural requirements) of 
local zoning laws and laws relating to setbacks, height, historic 
preservation, and aesthetic qualities of a building;
    (d) Identify areas for future building expansion in the 
architectural and site design concept for all buildings where an 
expansion need is identified to exist;
    (e) Create a landscape design that is a pleasant, dynamic experience 
for occupants and visitors to Federal facilities and, where appropriate, 
encourage public access to and stimulate pedestrian traffic around the 
facilities. Coordinate the landscape design with the architectural 
characteristics of the building;
    (f) Comply with the requirements of the National Environmental 
Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and the National 
Historic Preservation Act of 1966, as amended, 16 U.S.C. 470 et seq., 
for each project; and
    (g) Consider the vulnerability of the facility as well as the 
security needs of the occupying agencies, consistent with the 
Interagency Security Committee standards and guidelines.



Sec.  102-76.25  What standards must Federal agencies meet in providing architectural and interior design services?

    Federal agencies must design distinctive and high quality Federal 
facilities that meet all of the following standards:
    (a) Reflect the local architecture in buildings through the use of 
building form, materials, colors, or detail. Express a quality of 
permanence in the building interior similar to the building exterior.
    (b) Provide individuals with disabilities ready access to, and use 
of, the facilities in accordance with the standards in Sec.  102-76.65.
    (c) Use metric specifications in construction where the metric 
system is the accepted industry standard, and to the extent that such 
usage is economically feasible and practical.
    (d) Provide for the design of security systems to protect Federal 
workers and visitors and to safeguard facilities

[[Page 315]]

against criminal activity and/or terrorist activity. Security design 
must support the continuity of Government operations during civil 
disturbances, natural disasters and other emergency situations.
    (e) Design and construct facilities that meet or exceed the energy 
performance standards applicable to Federal buildings in 10 CFR part 
435.



Sec.  102-76.30  What seismic safety standards must Federal agencies follow in the design and construction of Federal facilities?

    Federal agencies must follow the seismic safety standards identified 
in Sec.  102-80.45 of this chapter.

                National Environmental Policy Act of 1969



Sec.  102-76.35  What is the purpose of the National Environmental Policy Act of 1969, as amended (NEPA)?

    The purpose of NEPA is to--
    (a) Declare a national policy which will encourage productive and 
enjoyable harmony between man and his environment;
    (b) Promote efforts which will prevent or eliminate damage to the 
environment and biosphere and stimulate the health and welfare of man;
    (c) Enrich the understanding of the ecological systems and natural 
resources important to the Nation; and
    (d) Establish a Council on Environmental Quality (CEQ).



Sec.  102-76.40  To which real property actions does NEPA apply?

    NEPA applies to actions that may have an impact on the quality of 
the human environment, including leasing, acquiring, developing, 
managing and disposing of real property.



Sec.  102-76.45  What procedures must Federal agencies follow to implement the requirements of NEPA?

    Federal agencies must follow the procedures identified in the 
Council on Environmental Quality's NEPA implementing regulations, 40 CFR 
1500-1508. In addition, Federal agencies must follow the standards that 
they have promulgated to implement CEQ's regulations.

                         Sustainable Development



Sec.  102-76.50  What is sustainable development?

    Sustainable development means integrating the decision-making 
process across the organization, so that every decision is made to 
promote the greatest long-term benefits. It means eliminating the 
concept of waste and building on natural processes and energy flows and 
cycles; and recognizing the interrelationship of our actions with the 
natural world.



Sec.  102-76.55  What sustainable development principles must Federal agencies apply to the siting, design, and construction of new facilities?

    In keeping with the objectives of Executive Order 13123, ``Greening 
of the Government Through Efficient Energy Management,'' and Executive 
Order 13101, ``Greening of the Government Through Waste Prevention, 
Recycling, and Federal Acquisition,'' Federal agencies must apply 
sustainable development principles to the siting, design, and 
construction of new facilities, which include--
    (a) Optimizing site potential;
    (b) Minimizing non-renewable energy consumption;
    (c) Using environmentally preferable products;
    (d) Protecting and conserving water;
    (e) Enhancing indoor environmental quality; and
    (f) Optimizing operational and maintenance practices.



                  Subpart C_Architectural Barriers Act



Sec.  102-76.60  To which facilities does the Architectural Barriers Act apply?

    (a) The Architectural Barriers Act applies to any facility that is 
intended for use by the public or that may result in the employment or 
residence therein of individuals with disabilities, which is to be--
    (1) Constructed or altered by, or on behalf of, the United States;
    (2) Leased in whole or in part by the United States;
    (3) Financed in whole or in part by a grant or loan made by the 
United States, if the building or facility is

[[Page 316]]

subject to standards for design, construction, or alteration issued 
under the authority of the law authorizing such a grant or loan; or
    (4) Constructed under the authority of the National Capital 
Transportation Act of 1960, the National Capital Transportation Act of 
1965, or Title III of the Washington Metropolitan Area Transit 
Regulation Compact.
    (b) The Architectural Barriers Act does not apply to any privately 
owned residential facility unless leased by the Government for 
subsidized housing programs, and any facility on a military reservation 
designed and constructed primarily for use by able bodied military 
personnel.



Sec.  102-76.65  What standards must facilities subject to the Architectural Barriers Act meet?

    (a) GSA adopts appendices C and D to 36 CFR part 1191 (ABA Chapters 
1 and 2, and Chapters 3 through 10) as the Architectural Barriers Act 
Accessibility Standard (ABAAS). Facilities subject to the Architectural 
Barriers Act (other than facilities described in paragraphs (b) and (c) 
of this section) must comply with ABAAS as set forth below:
    (1) For construction or alteration of facilities subject to the 
Architectural Barriers Act (other than Federal lease-construction and 
other lease actions described in paragraphs (a)(2) and (3), 
respectively, of this section), compliance with ABAAS is required if the 
construction or alteration commenced after May 8, 2006. If the 
construction or alteration of such a facility commenced on or before May 
8, 2006, compliance with the Uniform Federal Accessibility Standards 
(UFAS) is required.
    (2) For Federal lease-construction actions subject to the 
Architectural Barriers Act, where the Government expressly requires new 
construction to meet its needs, compliance with ABAAS is required for 
all such leases awarded on or after June 30, 2006. UFAS compliance is 
required for all such leases awarded before June 30, 2006.
    (3) For all other lease actions subject to the Architectural 
Barriers Act (other than those described in paragraph (a)(2) of this 
section), compliance with ABAAS is required for all such leases awarded 
pursuant to solicitations issued after February 6, 2007. UFAS compliance 
is required for all such leases awarded pursuant to solicitations issued 
on or before February 6, 2007.
    (b) Residential facilities subject to the Architectural Barriers Act 
must meet the standards prescribed by the Department of Housing and 
Urban Development.
    (c) Department of Defense and United States Postal Service 
facilities subject to the Architectural Barriers Act must meet the 
standards prescribed by those agencies.

[70 FR 67845, Nov. 8, 2005, as amended at 71 FR 52499, Sept. 6, 2006; 72 
FR 5943, Feb. 8, 2007]



Sec.  102-76.70  When are the costs of alterations to provide an accessible path of travel to an altered area containing a primary function disproportionate to 
          the costs of the overall alterations for facilities subject to 
          the standards in Sec.  102-76.65(a)?

    For facilities subject to the standards in Sec.  102-76.65(a), the 
costs of alterations to provide an accessible path of travel to an 
altered area containing a primary function are disproportionate to the 
costs of the overall alterations when they exceed 20 percent of the 
costs of the alterations to the primary function area. If a series of 
small alterations are made to areas containing a primary function and 
the costs of any of the alterations considered individually would not 
result in providing an accessible path of travel to the altered areas, 
the total costs of the alterations made within the three year period 
after the initial alteration must be considered when determining whether 
the costs of alterations to provide an accessible path of travel to the 
altered areas are disproportionate. Facilities for which new leases are 
entered into must comply with F202.6 of the Architectural Barriers Act 
Accessibility Standard without regard to whether the costs of 
alterations to comply with F202.6 are disproportionate to the costs of 
the overall alterations.

[[Page 317]]



Sec.  102-76.75  What costs are included in the costs of alterations to
provide an accessible path of travel to an altered area containing a 
primary function for facilities subject to the standards in Sec. 102-76.65(a)?

    For facilities subject to the standards in Sec.  102-76.65(a), the 
costs of alterations to provide an accessible path of travel to an 
altered area containing a primary function include the costs associated 
with--
    (a) Providing an accessible route to connect the altered area and 
site arrival points, including but not limited to interior and exterior 
ramps, elevators and lifts, and curb ramps;
    (b) Making entrances serving the altered area accessible, including 
but not limited to widening doorways and installing accessible hardware;
    (c) Making restrooms serving the altered area accessible, including, 
but not limited to, enlarging toilet stalls, installing grab bars and 
accessible faucet controls, and insulating pipes under lavatories;
    (d) Making public telephones serving the altered area accessible, 
including, but not limited to, placing telephones at an accessible 
height, and installing amplification devices and TTYs;
    (e) Making drinking fountains serving the altered area accessible; 
and
    (f) Making parking spaces serving the altered area accessible.



Sec.  102-76.80  What is required if the costs of alterations to provide
an accessible path of travel to an altered area containing a primary function are 
          disproportionate to the costs of the overall alterations for 
          facilities subject to the standards in Sec.  102-76.65(a)?

    For facilities subject to the standards in Sec.  102-76.65(a), if 
the costs of alterations to provide an accessible path of travel to an 
altered area containing a primary function are disproportionate to the 
costs of the overall alterations, the path of travel must be made 
accessible to the extent possible without exceeding 20 percent of the 
costs of the alterations to the primary function area. Priority should 
be given to those elements that will provide the greatest access in the 
following order:
    (a) An accessible route and an accessible entrance;
    (b) At least one accessible restroom for each sex or a single unisex 
restroom;
    (c) Accessible telephones;
    (d) Accessible drinking fountains; and
    (e) Accessible parking spaces.



Sec.  102-76.85  What is a primary function area for purposes of 
providing an accessible route in leased facilities subject to the
standards in Sec.  102-76.65(a)?

    For purposes of providing an accessible route in leased facilities 
subject to the standards in Sec.  102-76.65(a), a primary function area 
is an area that contains a major activity for which the leased facility 
is intended. Primary function areas include areas where services are 
provided to customers or the public, and offices and other work areas in 
which the activities of the Federal agency using the leased facility are 
carried out.



Sec.  102-76.90  Who has the authority to waive or modify the standards
in Sec.  102-76.65(a)?

    The Administrator of General Services has the authority to waive or 
modify the standards in Sec.  102-76.65(a) on a case-by-case basis if 
the agency head or GSA department head submits a request for waiver or 
modification and the Administrator determines that the waiver or 
modification is clearly necessary.



Sec.  102-76.95  What recordkeeping responsibilities do Federal
agencies have?

    (a) The head of each Federal agency must ensure that documentation 
is maintained on each contract, grant or loan for the design, 
construction or alteration of a facility and on each lease for a 
facility subject to the standards in Sec.  102-76.65(a) containing one 
of the following statements:
    (1) The standards have been or will be incorporated in the design, 
the construction or the alteration.
    (2) The grant or loan has been or will be made subject to a 
requirement that the standards will be incorporated in the design, the 
construction or the alteration.

[[Page 318]]

    (3) The leased facility meets the standards, or has been or will be 
altered to meet the standards.
    (4) The standards have been waived or modified by the Administrator 
of General Services, and a copy of the waiver or modification is 
included with the statement.
    (b) If a determination is made that a facility is not subject to the 
standards in Sec.  102-76.65(a) because the Architectural Barriers Act 
does not apply to the facility, the head of the Federal agency must 
ensure that documentation is maintained to justify the determination.



PART 102	77_ART IN ARCHITECTURE--Table of Contents



                      Subpart A_General Provisions

                                  Scope

Sec.
102-77.5 What is the scope of this part?

                               Definition

102-77.10 What definition applies to this part?

                                 Policy

102-77.15 What basic Art in Architecture policy governs Federal 
          agencies?

                      Subpart B_Art in Architecture

102-77.20 Who funds the Art in Architecture efforts?
102-77.25 With whom should Federal agencies collaborate when 
          commissioning visual art for Federal buildings?
102-77.30 Do Federal agencies have responsibilities to provide national, 
          regional, and local visibility for Art in Architecture?

    Authority: 40 U.S.C. 121 and 3306.

    Source: 87 FR 5717, Feb. 2, 2022, unless otherwise noted.



                      Subpart A_General Provisions

                                  Scope



Sec.  102-77.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service, operating under, or 
subject to, the authorities of the Administrator of General Services.

                               Definition



Sec.  102-77.10  What definition applies to this part?

    Visual art means works, including, but not limited to, painting, 
sculpture, architectural or environmental art, time-based media, and 
works on paper.

                                 Policy



Sec.  102-77.15  What basic Art in Architecture policy governs
Federal agencies?

    Federal agencies must incorporate visual art as an integral part of 
the total building concept when designing new Federal buildings and when 
making substantial repairs and alterations to existing Federal 
buildings, as appropriate. The commissioned art must reflect the 
national, regional, or local cultural heritages, or any combination of 
the foregoing, within the United States, and emphasize the work of 
living American artists, including those in underserved communities.



                      Subpart B_Art in Architecture



Sec.  102-77.20  Who funds the Art in Architecture efforts?

    To the extent not prohibited by law, Federal agencies must fund the 
Art in Architecture efforts by allocating a portion of the estimated 
cost of constructing or purchasing new Federal buildings or of 
completing major repairs and alterations of existing buildings. Funding 
for qualifying projects, including new construction, building 
acquisitions, and prospectus-level repairs and alterations, must be in a 
range determined by the Administrator of General Services.



Sec.  102-77.25  With whom should Federal agencies collaborate when 
commissioning visual art for Federal buildings?

    To the maximum extent practicable, Federal agencies should seek the 
support and involvement of local citizens in commissioning a work of 
visual art. Federal agencies should collaborate with the chosen artist 
to commission works of visual art that reflect the cultural, 
intellectual, and historic interests and values of the community in

[[Page 319]]

which the art is to be located. In addition, Federal agencies should 
work collaboratively with the architect of the building and art 
professionals in commissioning visual art for Federal buildings. Federal 
agencies should commission a work of visual art that is diverse in style 
and media and no official style or media are mandated.



Sec.  102-77.30  Do Federal agencies have responsibilities to provide
national, regional, and local visibility for Art in Architecture?

    Yes. Federal agencies should provide Art in Architecture that 
receives appropriate national, regional, and local visibility to 
encourage participation by a large, diverse, and equitable group of 
artists representing a wide variety of types of visual art.



PART 102	78_HISTORIC PRESERVATION--Table of Contents



                      Subpart A_General Provisions

Sec.
102-78.5 What is the scope of this part?
102-78.10 What basic historic preservation policy governs Federal 
          agencies?

                     Subpart B_Historic Preservation

102-78.15 What are historic properties?
102-78.20 Are Federal agencies required to identify historic properties?
102-78.25 What is an undertaking?
102-78.30 Who are consulting parties?
102-78.35 Are Federal agencies required to involve consulting parties in 
          their historic preservation activities?
102-78.40 What responsibilities do Federal agencies have when an 
          undertaking adversely affects an historic or cultural 
          property?
102-78.45 What are Federal agencies' responsibilities concerning 
          nomination of properties to the National Register?
102-78.50 What historic preservation services must Federal agencies 
          provide?
102-78.55 For which properties must Federal agencies provide historic 
          preservation services?
102-78.60 When leasing space, are Federal agencies able to give 
          preference to space in historic properties or districts?
102-78.65 What are Federal agencies' historic preservation 
          responsibilities when disposing of real property under their 
          control?
102-78.70 What are an agency's historic preservation responsibilities 
          when disposing of another Federal agency's real property?

    Authority: 16 U.S.C. 470h-2; 40 U.S.C. 121(c) and 581.

    Source: 70 FR 67848, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-78.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. The policies in this part are in furtherance of GSA's 
preservation program under section 110 of the National Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470) and apply to 
properties under the jurisdiction or control of the Administrator and to 
any Federal agencies operating, maintaining or protecting such 
properties under a delegation of authority from the Administrator.



Sec.  102-78.10  What basic historic preservation policy governs
Federal agencies?

    To protect, enhance and preserve historic and cultural property 
under their control, Federal agencies must consider the effects of their 
undertakings on historic and cultural properties and give the Advisory 
Council on Historic Preservation (Advisory Council), the State Historic 
Preservation Officer (SHPO), and other consulting parties a reasonable 
opportunity to comment regarding the proposed undertakings.



                     Subpart B_Historic Preservation



Sec.  102-78.15  What are historic properties?

    Historic properties are those that are included in, or eligible for 
inclusion in, the National Register of Historic Places (National 
Register) as more specifically defined at 36 CFR 800.16.



Sec.  102-78.20  Are Federal agencies required to identify historic 
properties?

    Yes, Federal agencies must identify all National Register or 
National Register-eligible historic properties under

[[Page 320]]

their control. In addition, Federal agencies must apply National 
Register Criteria (36 CFR part 63) to properties that have not been 
previously evaluated for National Register eligibility and that may be 
affected by the undertakings of Federally sponsored activities.



Sec.  102-78.25  What is an undertaking?

    The term undertaking means a project, activity, or program funded in 
whole or in part under the direct or indirect jurisdiction of a Federal 
agency, including those--
    (a) Carried out by or on behalf of the agency;
    (b) Carried out with Federal financial assistance; or
    (c) Requiring a Federal permit, license, or approval.



Sec.  102-78.30  Who are consulting parties?

    As more particularly described in 36 CFR 800.2(c), consulting 
parties are those parties having consultative roles in the Section 106 
process (i.e., Section 106 of the National Historic Preservation Act), 
which requires Federal agencies to take into account the effects of 
their undertakings on historic properties and afford the Council a 
reasonable opportunity to comment on such undertakings. Specifically, 
consulting parties include the State Historic Preservation Officer; the 
Tribal Historic Preservation Officer; Indian tribes and Native Hawaiian 
organizations; representatives of local governments; applicants for 
Federal assistance, permits, licenses, and other approvals; other 
individuals and organizations with a demonstrated interest in the 
undertaking; and the Advisory Council (if it elects to participate in 
the consultation).



Sec.  102-78.35  Are Federal agencies required to involve consulting
parties in their historic preservation activities?

    Yes, Federal agencies must solicit information from consulting 
parties to carry out their responsibilities under historic and cultural 
preservation laws and regulations. Federal agencies must invite the 
participation of consulting parties through their normal public 
notification processes.



Sec.  102-78.40  What responsibilities do Federal agencies have when
an undertaking adversely affects a historic or cultural property?

    Federal agencies must not perform an undertaking that could alter, 
destroy, or modify an historic or cultural property until they have 
consulted with the SHPO and the Advisory Council. Federal agencies must 
minimize all adverse impacts of their undertakings on historic or 
cultural properties to the extent that it is feasible and prudent to do 
so. Federal agencies must follow the specific guidance on the protection 
of historic and cultural properties in 36 CFR part 800.



Sec.  102-78.45  What are Federal agencies' responsibilities concerning
nomination of properties to the National Register?

    Federal agencies must nominate to the National Register all 
properties under their control determined eligible for inclusion in the 
National Register.



Sec.  102-78.50  What historic preservation services must Federal
agencies provide?

    Federal agencies must provide the following historic preservation 
services:
    (a) Prepare a Historic Building Preservation Plan for each National 
Register or National Register-eligible property under their control. 
When approved by consulting parties, such plans become a binding 
management plan for the property.
    (b) Investigate for historic and cultural factors all proposed sites 
for direct and leased construction.



Sec.  102-78.55  For which properties must Federal agencies assume
historic preservation responsibilities?

    Federal agencies must assume historic preservation responsibilities 
for real property assets under their custody and control. Federal 
agencies occupying space in buildings under the custody and control of 
other Federal agencies must obtain approval from the agency having 
custody and control of the building.

[[Page 321]]



Sec.  102-78.60  When leasing space, are Federal agencies able to 
give preference to space in historic properties or districts?

    Yes, Executive Order 13006 requires Federal agencies that have a 
mission requirement to locate in an urban area to give first 
consideration to space in historic buildings and districts inside 
central business areas. Agencies may give a price preference of up to 10 
percent to space in historic buildings and districts, in accordance with 
Sec. Sec.  102-73.120 and 102-73.125 of this chapter.



Sec.  102-78.65  What are Federal agencies' historic preservation
responsibilities when disposing of real property under their control?

    Federal agencies must--
    (a) To the extent practicable, establish and implement alternatives 
for historic properties, including adaptive use, that are not needed for 
current or projected agency purposes. Agencies are required to get the 
Secretary of the Interior's approval of the plans of transferees of 
surplus Federally-owned historic properties; and
    (b) Review all proposed excess actions to identify any properties 
listed in or eligible for listing in the National Register. Federal 
agencies must not perform disposal actions that could result in the 
alteration, destruction, or modification of an historic or cultural 
property until Federal agencies have consulted with the SHPO and the 
Advisory Council.



Sec.  102-78.70  What are an agency's historic preservation 
responsibilities when disposing of another Federal agency's real property?

    Federal agencies must not accept property declared excess by another 
Federal agency nor act as an agent for transfer or sale of such 
properties until the holding agency provides evidence that the Federal 
agency has met its National Historic Preservation Act responsibilities.



PART 102	79_ASSIGNMENT AND UTILIZATION OF SPACE--Table of Contents



                      Subpart A_General Provisions

Sec.
102-79.5 What is the scope of this part?
102-79.10 What basic assignment and utilization of space policy governs 
          an Executive agency?

              Subpart B_Assignment and Utilization of Space

102-79.15 What objectives must an Executive agency strive to meet in 
          providing assignment and utilization of space services?

                           Assignment of Space

102-79.20 What standard must Executive agencies promote when assigning 
          space?

                               Child Care

102-79.25 May Federal agencies allot space in Federal buildings for the 
          provision of child care services?

                             Fitness Centers

102-79.30 May Federal agencies allot space in Federal buildings for 
          establishing fitness centers?
102-79.35 What elements must Federal agencies address in their planning 
          effort for establishing fitness programs?

                          Federal Credit Unions

102-79.40 Can Federal agencies allot space in Federal buildings to 
          Federal credit unions?
102-79.45 What type of services may Federal agencies provide without 
          charge to Federal credit unions?

                          Utilization of Space

102-79.50 What standard must Executive agencies promote in their 
          utilization of space?
102-79.55 Is there a general hierarchy of consideration that agencies 
          must follow in their utilization of space?
102-79.60 Are agencies required to use historic properties available to 
          the agency?

                               Outleasing

102-79.65 May Executive agencies outlease space on major public access 
          levels, courtyards and rooftops of public buildings?

                   Siting Antennas on Federal Property

102-79.70 May Executive agencies assess fees against other Executive 
          agencies for antenna placements and supporting services?
102-79.75 May Executive agencies assess fees for antenna placements 
          against public service organizations for antenna site 
          outleases on major pedestrian access levels, courtyards, and 
          rooftops of public buildings?

[[Page 322]]

102-79.80 May Executive agencies assess fees for antenna placements 
          against telecommunication service providers for antenna site 
          outleases on major pedestrian access levels, courtyards, and 
          rooftops of public buildings?
102-79.85 What policy must Executive agencies follow concerning the 
          placement of commercial antennas on Federal property?
102-79.90 What criteria must Executive agencies consider when evaluating 
          antenna siting requests?
102-79.95 Who is responsible for the costs associated with providing 
          access to antenna sites?
102-79.100 What must Federal agencies do with antenna siting fees that 
          they collect?

                          Integrated Workplace

102-79.105 What is the Integrated Workplace?
102-79.110 What Integrated Workplace policy must Federal agencies strive 
          to promote?
102-79.111 Where may Executive agencies find additional information on 
          Integrated Workplace concepts?

                  Public Access Defibrillation Programs

102-79.115 What guidelines must an agency follow if it elects to 
          establish a public access defibrillation program in a Federal 
          facility?

    Authority: 40 U.S.C. 121(c); E.O. 12411, 48 FR 13391, 3 CFR, 1983 
Comp., p. 155; and E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340.

    Source: 70 FR 67849, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-79.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec.  102-79.10  What basic assignment and utilization of space policy
governs an Executive agency?

    Executive agencies must provide a quality workplace environment that 
supports program operations, preserves the value of real property 
assets, meets the needs of the occupant agencies, and provides child 
care and physical fitness facilities in the workplace when adequately 
justified. An Executive agency must promote maximum utilization of 
Federal workspace, consistent with mission requirements, to maximize its 
value to the Government.



              Subpart B_Assignment and Utilization of Space



Sec.  102-79.15  What objectives must an Executive agency strive to 
meet in providing assignment and utilization of space services?

    Executive agencies must provide assignment and utilization services 
that will maximize the value of Federal real property resources and 
improve the productivity of the workers housed therein.

                           Assignment of Space



Sec.  102-79.20  What standard must Executive agencies promote when
assigning space?

    Executive agencies must promote the optimum use of space for each 
assignment at an economical cost to the Government, provide quality 
workspace that is delivered and occupied in a timely manner, and assign 
space based on mission requirements.

                               Child Care



Sec.  102-79.25  May Federal agencies allot space in Federal buildings
for the provision of child care services?

    Yes, in accordance with 40 U.S.C. 590, Federal agencies can allot 
space in Federal buildings to individuals or entities who will provide 
child care services to Federal employees if such--
    (a) Space is available;
    (b) Agency determines that such space will be used to provide child 
care services to children of whom at least 50 percent have one parent or 
guardian who is a Federal Government employee; and
    (c) Agency determines that such individual or entity will give 
priority for available child care services in such space to Federal 
employees.

[[Page 323]]

                             Fitness Centers



Sec.  102-79.30  May Federal agencies allot space in Federal buildings
for establishing fitness centers?

    Yes, in accordance with 5 U.S.C. 7901, Federal agencies can allot 
space in Federal buildings for establishing fitness programs.



Sec.  102-79.35  What elements must Federal agencies address in their
planning effort for establishing fitness programs?

    Federal agencies must address the following elements in their 
planning effort for establishing fitness programs:
    (a) A survey indicating employee interest in the program.
    (b) A three-to five-year implementation plan demonstrating long-term 
commitment to physical fitness/health for employees.
    (c) A health related orientation, including screening procedures, 
individualized exercise programs, identification of high-risk 
individuals, and appropriate follow-up activities.
    (d) Identification of a person skilled in prescribing exercise to 
direct the fitness program.
    (e) An approach that will consider key health behavior related to 
degenerative disease, including smoking and nutrition.
    (f) A modest facility that includes only the essentials necessary to 
conduct a program involving cardiovascular and muscular endurance, 
strength activities, and flexibility.
    (g) Provision for equal opportunities for men and women, and all 
employees, regardless of grade level.

                          Federal Credit Unions



Sec.  102-79.40  Can Federal agencies allot space in Federal buildings 
to Federal credit unions?

    Yes, in accordance with 12 U.S.C. 1770, Federal agencies may allot 
space in Federal buildings to Federal credit unions without charge for 
rent or services if--
    (a) At least 95 percent of the membership of the credit union to be 
served by the allotment of space is composed of persons who either are 
presently Federal employees or were Federal employees at the time of 
admission into the credit union, and members of their families; and
    (b) Space is available.



Sec.  102-79.45  What type of services may Federal agencies provide
without charge to Federal credit unions?

    Federal agencies may provide without charge to Federal credit union 
services such as--
    (a) Lighting;
    (b) Heating and cooling;
    (c) Electricity;
    (d) Office furniture;
    (e) Office machines and equipment;
    (f) Telephone service (including installation of lines and equipment 
and other expenses associated with telephone service); and
    (g) Security systems (including installation and other expenses 
associated with security systems).

                          Utilization of Space



Sec.  102-79.50  What standard must Executive agencies promote in
their utilization of space?

    Executive agencies, when acquiring or utilizing Federally owned or 
leased space under Title 40 of the United States Code, must promote 
efficient utilization of space. Where there is no Federal agency space 
need, Executive agencies must make every effort to maximize the 
productive use of vacant space through the issuance of permits, licenses 
or leases to non-Federal entities to the extent authorized by law. (For 
vacant property determined excess to agency needs, refer to part 102-75, 
Real Property Disposal.)



Sec.  102-79.55  Is there a general hierarchy of consideration that
agencies must follow in their utilization of space?

    Yes, Federal agencies must--
    (a) First utilize space in Government-owned and Government-leased 
buildings; and
    (b) If there is no suitable space in Government-owned and 
Government-leased buildings, utilize space in buildings under the 
custody and control of the U.S. Postal Service; and

[[Page 324]]

    (c) If there is no suitable space in buildings under the custody and 
control of the U.S. Postal Service, agencies may acquire real estate by 
lease, purchase, or construction, as specified in part 102-73 of this 
chapter.



Sec.  102-79.60  Are agencies required to use historic properties
available to the agency?

    Yes, Federal agencies must assume responsibility for the 
preservation of the historic properties they own or control. Prior to 
acquiring, constructing or leasing buildings, agencies must use, to the 
maximum extent feasible, historic properties already owned or leased by 
the agency (16 U.S.C. 470h-2).

                               Outleasing



Sec.  102-79.65  May Executive agencies outlease space on major 
public access levels, courtyards and rooftops of public buildings?

    Yes. Authority to execute such outleases may be delegated by the 
Administrator based on authorities provided by the Public Buildings 
Cooperative Use Act (40 U.S.C. Sec.  581(h)), the proceeds of which are 
to be deposited into GSA's Federal Buildings Fund. Using such authority, 
Executive agencies, upon approval from GSA, may--
    (a) Enter into leases of space on major public access levels, 
courtyards and rooftops of any public building with persons, firms, or 
organizations engaged in commercial, cultural, educational, or 
recreational activities (as defined in 40 U.S.C. 3306);
    (b) Establish rental rates for such leased space equivalent to the 
prevailing commercial rate for comparable space devoted to a similar 
purpose in the vicinity of the building; and
    (c) Use leases that contain terms and conditions that the 
Administrator deems necessary to promote competition and protect the 
public interest.

                   Siting Antennas on Federal Property



Sec.  102-79.70  May Executive agencies assess fees against other
Executive agencies for antenna placements and supporting services?

    Yes. Executive agencies, upon approval from GSA, may assess fees for 
placement of antennas and supporting services against other agencies 
(that own these antennas) under 40 U.S.C. 586(c) and 40 U.S.C. 121(e). 
Unless a differing rate has been approved by the Administrator, such 
fees or charges must approximate commercial charges for comparable space 
and services (i.e., market rates). The proceeds from such charges or 
fees must be credited to the appropriation or fund initially charged for 
providing the space or services. Any amounts in excess of actual 
operating and maintenance costs must be credited to miscellaneous 
receipts unless otherwise provided by law. The charges or fees assessed 
by the Administrator for the placement of antennas and supporting 
services in GSA-controlled space are generally credited to GSA's Federal 
Buildings Fund.



Sec.  102-79.75  May Executive agencies assess fees for antenna 
placements against public service organizations for antenna site 
outleases on major pedestrian access levels, courtyards, and rooftops
of public buildings?

    Yes. Executive agencies in GSA-controlled space, upon approval from 
GSA, may assess fees for antenna placements against public service 
organizations under 40 U.S.C. 581(h) and 40 U.S.C. 121(e). Such fees or 
rental rates must be equivalent to the prevailing commercial rate for 
comparable space devoted to commercial antenna placements in the 
vicinity of the public building and the proceeds from such charges or 
fees must be credited to GSA's Federal Buildings Fund.



Sec.  102-79.80  May Executive agencies assess fees for antenna
placements against telecommunication service providers for antenna
site outleases on major pedestrian access levels, courtyards, and 
rooftops of public buildings?

    Yes. GSA, or other Executive agencies, upon approval from GSA, may

[[Page 325]]

charge fees based on market value to telecommunication service providers 
for antenna placements in public buildings. Market value should be 
equivalent to the prevailing commercial rate for comparable space for 
commercial antenna placements in the vicinity of the public building. 
Such fees must be credited to GSA's Federal Buildings Fund.



Sec.  102-79.85  What policy must Executive agencies follow concerning 
the placement of commercial antennas on Federal property?

    Executive agencies will make antenna sites available on a fair, 
reasonable, and nondiscriminatory basis. Collocation of antennas should 
be encouraged where there are multiple antenna siting requests for the 
same location. In cases where this is not feasible and space 
availability precludes accommodating all antenna siting applicants, 
competitive procedures may be used. This should be done in accordance 
with applicable Federal, State and local laws and regulations, and 
consistent with national security concerns. In making antenna sites 
available, agencies must avoid electromagnetic intermodulations and 
interferences. To the maximum extent practicable, when placing antennas 
for the provision of telecommunication services to the Federal 
Government, agencies should use redundant and physically separate entry 
points into the building and physically diverse local network facilities 
in accordance with guidance issued by the Office of Management and 
Budget.



Sec.  102-79.90  What criteria must Executive agencies consider when
evaluating antenna siting requests?

    When evaluating antenna siting requests, Executive agencies must 
consider issues such as--
    (a) Public health and safety with respect to the antenna 
installation and maintenance;
    (b) Aesthetics;
    (c) Effects on historic districts, sites, buildings, monuments, 
structures, or other objects pursuant to the National Historic 
Preservation Act of 1966, as amended, and implementing regulations;
    (d) Protection of natural and cultural resources (e.g., National 
Parks and Wilderness areas, National Wildlife Refuge systems);
    (e) Compliance with the appropriate level of review and 
documentation as necessary under the National Environmental Policy Act 
of 1969, as amended, and implementing regulations of each Federal 
department and agency responsible for the antenna siting project, and 
the Federal Aviation Administration, the National Telecommunications and 
Information Administration, and other relevant departments and agencies;
    (f) Compliance with the Federal Communications Commission's (FCC) 
guidelines for radiofrequency exposure, ET Docket No. 93-62, entitled 
``Guidelines for Evaluating the Environmental Effects of Radiofrequency 
Radiation,'' issued August 1, 1996, and any other order on 
reconsideration relating to radiofrequency guidelines and their 
enforcement. These are updated guidelines for meeting health concerns 
that reflect the latest scientific knowledge in this area, and are 
supported by Federal health and safety agencies such as the 
Environmental Protection Agency and the Food and Drug Administration; 
and
    (g) Any requirements of the Federal agency managing the facility, 
FCC, Federal Aviation Administration, National Telecommunications and 
Information Administration, and other relevant departments and agencies. 
To the maximum extent practicable, when placing antennas for the 
provision of telecommunication services to the Federal Government, 
agencies should use redundant and physically separate entry points into 
the building and physically diverse local network facilities in 
accordance with guidance issued by the Office of Management and Budget. 
In addition, the National Capital Planning Commission should be 
consulted for siting requests within the Washington, D.C. metropolitan 
area.



Sec.  102-79.95  Who is responsible for the costs associated with 
providing access to antenna sites?

    The telecommunications service provider is responsible for any 
reasonable costs to Federal agencies associated

[[Page 326]]

with providing access to antenna sites, including obtaining appropriate 
clearance of provider personnel for access to buildings or land deemed 
to be security sensitive as is done with service contractor personnel. 
OMB Circular A-25, entitled ``User Charges,'' revised July 8, 1993, 
provides guidelines that agencies should use to assess fees for 
Government services and for the sale or use of Government property or 
resources. For antenna sites on non-GSA property, see also the 
Department of Commerce Report on ``Improving Rights-of-Way Management 
Across Federal Lands: A Roadmap for Greater Broadband Deployment'' 
(April 2004) beginning at page 26. Under 40 U.S.C. 1314, GSA is covered 
in granting easements and permits to support the installation of 
antennas and cabling across raw land in support of constructing new and 
improving existing telecommunication infrastructures provided that such 
installation does not negatively impact on the Government.



Sec.  102-79.100  What must Federal agencies do with antenna siting
fees that they collect?

    The account into which an antenna siting fee is to be deposited 
depends on the authority under which the antenna site is made available 
and the fee assessed. For GSA-controlled property outleased under 40 
U.S.C. 581(h) or section 412 of Division H of public law 108-447, the 
fee is to be deposited into GSA's Federal Building Fund. For surplus 
property outleased under 40 U.S.C. 543, the fee is to be deposited in 
accordance with the provisions of Subchapter IV of Chapter 5 of Subtitle 
I of Title 40 of the United States Code. For siting fees collected under 
other statutory authorities, the fees might be deposited into 
miscellaneous receipts, an account of the landholding agency, or as 
otherwise provided by law. Federal agencies should consult with their 
agency's legal advisors before depositing antenna proceed from sites on 
agency-controlled Federal property.

                          Integrated Workplace



Sec.  102-79.105  What is the Integrated Workplace?

    The Integrated Workplace, developed by the GSA Office of 
Governmentwide Policy, is a comprehensive, multidisciplinary approach to 
developing workspace and work strategies that best support an 
organization's strategic business goals and work processes, and have the 
flexibility to accommodate the changing needs of the occupants and the 
organization. Integrated Workplace concepts support the objectives of 
Executive Order 13327, ``Federal Real Property Asset Management,'' which 
calls for the enhancement of Federal agency productivity through an 
improved working environment.



Sec.  102-79.110  What Integrated Workplace policy must Federal
agencies strive to promote?

    Federal agencies must strive to design work places that--
    (a) Are developed using sustainable development concepts (see Sec.  
102-76.55);
    (b) Align with the organization's mission and strategic plan;
    (c) Serve the needs and work practices of the occupants;
    (d) Can be quickly and inexpensively adjusted by the user to 
maximize his or her productivity and satisfaction;
    (e) Are comfortable, efficient, and technologically advanced and 
allow people to accomplish their work in the most efficient way;
    (f) Meet the office's needs and can justify its cost through the 
benefits gained;
    (g) Are developed with an integrated building systems approach;
    (h) Are based on a life cycle cost analysis that considers both 
facility and human capital costs over a substantial time period; and
    (i) Support alternative workplace arrangements, including 
telecommuting, hoteling, virtual offices, and other distributive work 
arrangements (see part 102-74, subpart F--Telework).



Sec.  102-79.111  Where may Executive agencies find additional
information on Integrated Workplace concepts?

    The GSA Office of Governmentwide Policy provides additional guidance 
in

[[Page 327]]

its publication entitled ``Innovative Workplace Strategies.''

                  Public Access Defibrillation Programs



Sec.  102-79.115  What guidelines must an agency follow if it elects 
to establish a public access defibrillation program in a Federal facility?

    Federal agencies electing to establish a public access 
defibrillation program in a Federal facility must follow the guidelines, 
entitled ``Guidelines for Public Access Defibrillation Programs in 
Federal Facilities,'' which can be obtained from the Office of 
Governmentwide Policy, Office of Real Property (MP), General Services 
Administration, 1800 F Street, NW, Washington, DC 20405.



PART 102	80_SAFETY AND ENVIRONMENTAL MANAGEMENT--Table of Contents



                      Subpart A_General Provisions

Sec.
102-80.5 What is the scope of this part?
102-80.10 What are the basic safety and environmental management 
          policies for real property?

              Subpart B_Safety and Environmental Management

                                Asbestos

102-80.15 What are Federal agencies' responsibilities concerning the 
          assessment and management of asbestos?

                                  Radon

102-80.20 What are Federal agencies' responsibilities concerning the 
          abatement of radon?

                           Indoor Air Quality

102-80.25 What are Federal agencies' responsibilities concerning the 
          management of indoor air quality?

                                  Lead

102-80.30 What are Federal agencies' responsibilities concerning lead?

                     Hazardous Materials and Wastes

102-80.35 What are Federal agencies' responsibilities concerning the 
          monitoring of hazardous materials and wastes?

                        Underground Storage Tanks

102-80.40 What are Federal agencies' responsibilities concerning the 
          management of underground storage tanks?

                             Seismic Safety

102-80.45 What are Federal agencies' responsibilities concerning seismic 
          safety in Federal facilities?

                   Risks and Risk Reduction Strategies

102-80.50 Are Federal agencies responsible for identifying/estimating 
          risks and for appropriate risk reduction strategies?
102-80.55 Are Federal agencies responsible for managing the execution of 
          risk reduction projects?

                          Facility Assessments

102-80.60 Are Federal agencies responsible for performing facility 
          assessments?

                         Incident Investigation

102-80.65 What are Federal agencies' responsibilities concerning the 
          investigation of incidents, such as fires, accidents, 
          injuries, and environmental incidents?

                  Responsibility for Informing Tenants

102-80.70 Are Federal agencies responsible for informing their tenants 
          of the condition and management of their facility safety and 
          environment?

                   Assessment of Environmental Issues

102-80.75 Who assesses environmental issues in Federal construction and 
          lease construction projects?

                 Subpart C_Accident and Fire Prevention

102-80.80 With what general accident and fire prevention policy must 
          Federal agencies comply?

                          State and Local Codes

102-80.85 Are Federally owned and leased buildings exempt from State and 
          local code requirements in fire protection?

              Fire Administration Authorization Act of 1992

102-80.90 Is the Fire Administration Authorization Act of 1992 (Pub. L. 
          102-522) relevant to fire protection engineering?
102-80.95 Is the Fire Administration Authorization Act of 1992 
          applicable to all Federal agencies?

                       Automatic Sprinkler Systems

102-80.100 What performance objective should an automatic sprinkler 
          system be capable of meeting?

[[Page 328]]

                   Equivalent Level of Safety Analysis

102-80.105 What information must be included in an equivalent level of 
          safety analysis?
102-80.110 What must an equivalent level of safety analysis indicate?
102-80.115 Is there more than one option for establishing that an 
          equivalent level of safety exists?
102-80.120 What analytical and empirical tools should be used to support 
          the life safety equivalency evaluation?
102-80.125 Who has the responsibility for determining the acceptability 
          of each equivalent level of safety analysis?
102-80.130 Who must perform the equivalent level of safety analysis?
102-80.135 Who is a qualified fire protection engineer?

                             Room of Origin

102-80.140 What is meant by ``room of origin''?

                                Flashover

102-80.145 What is meant by ``flashover''?

                   Reasonable Worst Case Fire Scenario

102-80.150 What is meant by ``reasonable worst case fire scenario''?

    Authority: 40 U.S.C. 121(c) and 581-593.

    Source: 70 FR 67852, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-80.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. The responsibilities for safety and environmental management 
under this part are intended to apply to GSA or those Federal agencies 
operating in GSA space pursuant to a GSA delegation of authority.



Sec.  102-80.10  What are the basic safety and environmental management
policies for real property?

    The basic safety and environmental management policies for real 
property are that Federal agencies must--
    (a) Provide for a safe and healthful work environment for Federal 
employees and the visiting public;
    (b) Protect Federal real and personal property;
    (c) Promote mission continuity;
    (d) Provide reasonable safeguards for emergency forces if an 
incident occurs;
    (e) Assess risk;
    (f) Make decision makers aware of risks; and
    (g) Act promptly and appropriately in response to risk.



              Subpart B_Safety and Environmental Management

                                Asbestos



Sec.  102-80.15  What are Federal agencies' responsibilities concerning
the assessment and management of asbestos?

    Federal agencies have the following responsibilities concerning the 
assessment and management of asbestos:
    (a) Inspect and assess buildings for the presence and condition of 
asbestos-containing materials. Space to be leased must be free of all 
asbestos containing materials, except undamaged asbestos flooring in the 
space or undamaged boiler or pipe insulation outside the space, in which 
case an asbestos management program conforming to U.S. Environmental 
Protection Agency (EPA) guidance must be implemented.
    (b) Manage in-place asbestos that is in good condition and not 
likely to be disturbed.
    (c) Abate damaged asbestos and asbestos likely to be disturbed. 
Federal agencies must perform a pre-alteration asbestos assessment for 
activities that may disturb asbestos.
    (d) Not use asbestos in new construction, renovation/modernization 
or repair of their owned or leased space. Unless approved by GSA, 
Federal agencies must not obtain space with asbestos through purchase, 
exchange, transfer, or lease, except as identified in paragraph (a) of 
this section.
    (e) Communicate all written and oral asbestos information about the 
leased space to tenants.

[[Page 329]]

                                  Radon



Sec.  102-80.20  What are Federal agencies' responsibilities concerning
the abatement of radon?

    Federal agencies have the following responsibilities concerning the 
abatement of radon in space when radon levels exceed current EPA 
standards:
    (a) Retest abated areas and make lessors retest, as required, abated 
areas to adhere to EPA standards.
    (b) Test non-public water sources (in remote areas for projects such 
as border stations) for radon according to EPA guidance. Radon levels 
that exceed current applicable EPA standards must be mitigated. Federal 
agencies must retest, as required, to adhere to EPA standards.

                           Indoor Air Quality



Sec.  102-80.25  What are Federal agencies' responsibilities concerning
the management of indoor air quality?

    Federal agencies must assess indoor air quality of buildings as part 
of their safety and environmental facility assessments. Federal agencies 
must respond to tenant complaints on air quality and take appropriate 
corrective action where air quality does not meet applicable standards.

                                  Lead



Sec.  102-80.30  What are Federal agencies' responsibilities concerning
lead?

    Federal agencies have the following responsibilities concerning lead 
in buildings:
    (a) Test space for lead-based paint in renovation projects that 
require sanding, welding or scraping painted surfaces.
    (b) Not remove lead based paint from surfaces in good condition.
    (c) Test all painted surfaces for lead in proposed or existing child 
care centers.
    (d) Abate lead-based paint found in accordance with U.S. Department 
of Housing and Urban Development (HUD) Lead-Based Paint Guidelines, 
available by writing to HUD USER, P.O. Box 6091, Rockville, MD 20850.
    (e) Test potable water for lead in all drinking water outlets.
    (f) Take corrective action when lead levels exceed the HUD 
Guidelines.

                     Hazardous Materials and Wastes



Sec.  102-80.35  What are Federal agencies' responsibilities concerning
the monitoring of hazardous materials and wastes?

    Federal agencies' responsibilities concerning the monitoring of 
hazardous materials and wastes are as follows:
    (a) Monitor the transport, use, and disposition of hazardous 
materials and waste in buildings to provide for compliance with GSA, 
Occupational Safety and Health Administration (OSHA), Department of 
Transportation, EPA, and applicable State and local requirements. In 
addition to those operating in GSA space pursuant to a delegation of 
authority, tenants in GSA space must comply with these requirements.
    (b) In leased space, include in all agreements with the lessor 
requirements that hazardous materials stored in leased space are kept 
and maintained according to applicable Federal, State, and local 
environmental regulations.

                        Underground Storage Tanks



Sec.  102-80.40  What are Federal agencies' responsibilities concerning 
the management of underground storage tanks?

    Federal agencies have the following responsibilities concerning the 
management of underground storage tanks in real property:
    (a) Register, manage and close underground storage tanks, including 
heating oil and fuel oil tanks, in accordance with GSA, EPA, and 
applicable State and local requirements.
    (b) Require the party responsible for tanks they use but do not own 
to follow these requirements and to be responsible for the cost of 
compliance.

                             Seismic Safety



Sec.  102-80.45  What are Federal agencies' responsibilities concerning
seismic safety in Federal facilities?

    Federal agencies must follow the standards issued by the Interagency

[[Page 330]]

Committee on Seismic Safety in Construction (ICSSC) as the minimum level 
acceptable for use by Federal agencies in assessing the seismic safety 
of their owned and leased buildings and in mitigating unacceptable 
seismic risks in those buildings.

                   Risks and Risk Reduction Strategies



Sec.  102-80.50  Are Federal agencies responsible for identifying/estimating
risks and for appropriate risk reduction strategies?

    Yes, Federal agencies must identify and estimate safety and 
environmental management risks and appropriate risk reduction strategies 
for buildings. Federal agencies occupying as well as operating buildings 
must identify any safety and environmental management risks and report 
or correct the situation, as appropriate. Federal agencies must use the 
applicable national codes and standards as a guide for their building 
operations.



Sec.  102-80.55  Are Federal agencies responsible for managing the
execution of risk reduction projects?

    Yes, Federal agencies must manage the execution of risk reduction 
projects in buildings they operate. Federal agencies must identify and 
take appropriate action to eliminate hazards and regulatory 
noncompliance.

                          Facility Assessments



Sec.  102-80.60  Are Federal agencies responsible for performing 
facility assessments?

    Yes, Federal agencies must evaluate facilities to comply with GSA's 
safety and environmental program and applicable Federal, State and local 
environmental laws and regulations. Federal agencies should conduct 
these evaluations in accordance with schedules that are compatible with 
repair and alteration and leasing operations.

                         Incident Investigation



Sec.  102-80.65  What are Federal agencies' responsibilities concerning
the investigation of incidents, such as fires, accidents, injuries,
and environmental 
          incidents?

    Federal agencies have the following responsibilities concerning the 
investigation of incidents, such as fires, accidents, injuries, and 
environmental incidents in buildings they operate:
    (a) Investigate all incidents regardless of severity.
    (b) Form Boards of Investigation for incidents resulting in serious 
injury, death, or significant property losses.

                  Responsibility for Informing Tenants



Sec.  102-80.70  Are Federal agencies responsible for informing 
their tenants of the condition and management of their facility 
safety and environment?

    Yes, Federal agencies must inform their tenants of the condition and 
management of their facility safety and environment. Agencies operating 
GSA buildings must report any significant facility safety or 
environmental concerns to GSA.

                   Assessment of Environmental Issues



Sec.  102-80.75  Who assesses environmental issues in Federal
construction and lease construction projects?

    Federal agencies must assess required environmental issues 
throughout planning and project development so that the environmental 
impacts of a project are considered during the decision making process.



                 Subpart C_Accident and Fire Prevention



Sec.  102-80.80  With what general accident and fire prevention 
policy must Federal agencies comply?

    Federal agencies must--
    (a) Comply with the occupational safety and health standards 
established in the Occupational Safety and Health Act of 1970 (Pub. L. 
91-596); Executive Order 12196; 29 CFR part 1960; and applicable safety 
and environmental management criteria identified in this part;
    (b) Not expose occupants and visitors to unnecessary risks;
    (c) Provide safeguards that minimize personal harm, property damage, 
and impairment of Governmental operations, and that allow emergency

[[Page 331]]

forces to accomplish their missions effectively;
    (d) Follow accepted fire prevention practices in operating and 
managing buildings;
    (e) To the maximum extent feasible, comply with one of the 
nationally recognized model building codes and with other nationally-
recognized codes in their construction or alteration of each building in 
accordance with 40 U.S.C. 3312; and
    (f) Use the applicable national codes and standards as a guide for 
their building operations.

                          State and Local Codes



Sec.  102-80.85  Are Federally owned and leased buildings exempt from
State and local code requirements in fire protection?

    Federally owned buildings are generally exempt from State and local 
code requirements in fire protection; however, in accordance with 40 
U.S.C. 3312, each building constructed or altered by a Federal agency 
must be constructed or altered, to the maximum extent feasible, in 
compliance with one of the nationally recognized model building codes 
and with other nationally recognized codes. Leased buildings are subject 
to local code requirements and inspection.

              Fire Administration Authorization Act of 1992



Sec.  102-80.90  Is the Fire Administration Authorization Act of 1992
(Public Law 102-522) relevant to fire protection engineering?

    Yes, the Fire Administration Authorization Act of 1992 (Pub. L. 102-
522) requires sprinklers or an equivalent level of safety in certain 
types of Federal employee office buildings, Federal employee housing 
units, and Federally assisted housing units (15 U.S.C. 2227).



Sec.  102-80.95  Is the Fire Administration Authorization Act of 1992
applicable to all Federal agencies?

    Yes, the Fire Administration Authorization Act applies to all 
Federal agencies and all Federally owned and leased buildings in the 
United States.

                       Automatic Sprinkler Systems



Sec.  102-80.100  What performance objective should an automatic
sprinkler system be capable of meeting?

    The performance objective of the automatic sprinkler system is that 
it must be capable of protecting human lives. Sprinklers should be 
capable of controlling the spread of fire and its effects beyond the 
room of origin. A functioning sprinkler system should activate prior to 
the onset of flashover.

                   Equivalent Level of Safety Analysis



Sec.  102-80.105  What information must be included in an equivalent
level of safety analysis?

    The equivalent level of life safety evaluation is to be performed by 
a qualified fire protection engineer. The analysis should include a 
narrative discussion of the features of the building structure, 
function, operational support systems and occupant activities that 
impact fire protection and life safety. Each analysis should describe 
potential reasonable worst case fire scenarios and their impact on the 
building occupants and structure. Specific issues that must be addressed 
include rate of fire growth, type and location of fuel items, space 
layout, building construction, openings and ventilation, suppression 
capability, detection time, occupant notification, occupant reaction 
time, occupant mobility, and means of egress.



Sec.  102-80.110  What must an equivalent level of safety analysis
indicate?

    To be acceptable, the analysis must indicate that the existing and/
or proposed safety systems in the building provide a period of time 
equal to or greater than the amount of time available for escape in a 
similar building complying with the Fire Administration Authorization 
Act. In conducting these analyses, the capability, adequacy, and 
reliability of all building systems impacting fire growth, occupant 
knowledge of the fire, and time required to reach a safety area will 
have to be examined. In particular, the impact of sprinklers on the 
development of hazardous conditions in the

[[Page 332]]

area of interest will have to be assessed.



Sec.  102-80.115  Is there more than one option for establishing that
an equivalent level of safety exists?

    Yes, the following are three options for establishing that an 
equivalent level of safety exists:
    (a) In the first option, the margin of safety provided by various 
alternatives is compared to that obtained for a code complying building 
with complete sprinkler protection. The margin of safety is the 
difference between the available safe egress time and the required safe 
egress time. Available safe egress time is the time available for 
evacuation of occupants to an area of safety prior to the onset of 
untenable conditions in occupied areas or the egress pathways. The 
required safe egress time is the time required by occupants to move from 
their positions at the start of the fire to areas of safety. Available 
safe egress times would be developed based on analysis of a number of 
assumed reasonable worst case fire scenarios including assessment of a 
code complying fully sprinklered building. Additional analysis would be 
used to determine the expected required safe egress times for the 
various scenarios. If the margin of safety plus an appropriate safety 
factor is greater for an alternative than for the fully sprinklered 
building, then the alternative should provide an equivalent level of 
safety.
    (b) A second alternative is applicable for typical office and 
residential scenarios. In these situations, complete sprinkler 
protection can be expected to prevent flashover in the room of fire 
origin, limit fire size to no more than 1 megawatt (950 Btu/sec), and 
prevent flames from leaving the room of origin. The times required for 
each of these conditions to occur in the area of interest must be 
determined. The shortest of these three times would become the time 
available for escape. The difference between the minimum time available 
for escape and the time required for evacuation of building occupants 
would be the target margin of safety. Various alternative protection 
strategies would have to be evaluated to determine their impact on the 
times at which hazardous conditions developed in the spaces of interest 
and the times required for egress. If a combination of fire protection 
systems provides a margin of safety equal to or greater than the target 
margin of safety, then the combination could be judged to provide an 
equivalent level of safety.
    (c) As a third option, other technical analysis procedures, as 
approved by the responsible agency head, can be used to show 
equivalency.



Sec.  102-80.120  What analytical and empirical tools should be used
to support the life safety equivalency evaluation?

    Analytical and empirical tools, including fire models and grading 
schedules such as the Fire Safety Evaluation System (Alternative 
Approaches to Life Safety, NEPA 101A) should be used to support the life 
safety equivalency evaluation. If fire modeling is used as part of an 
analysis, an assessment of the predictive capabilities of the fire 
models must be included. This assessment should be conducted in 
accordance with the American Society for Testing and Materials Standard 
Guide for Evaluating the Predictive Capability of Fire Models (ASTM E 
1355).



Sec.  102-80.125  Who has the responsibility for determining the
acceptability of each equivalent level of safety analysis?

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



Sec.  102-80.130  Who must perform the equivalent level of safety analysis?

    A qualified fire protection engineer must perform the equivalent 
level of safety analysis.

[[Page 333]]



Sec.  102-80.135  Who is a qualified fire protection engineer?

    A qualified fire protection engineer is defined as an individual 
with a thorough knowledge and understanding of the principles of physics 
and chemistry governing fire growth, spread, and suppression, meeting 
one of the following criteria:
    (a) An engineer having an undergraduate or graduate degree from a 
college or university offering a course of study in fire protection or 
fire safety engineering, plus a minimum of 4 years work experience in 
fire protection engineering.
    (b) A professional engineer (P.E. or similar designation) registered 
in Fire Protection Engineering.
    (c) A professional engineer (P.E. or similar designation) registered 
in a related engineering discipline and holding Member grade status in 
the International Society of Fire Protection Engineers.

                             Room of Origin



Sec.  102-80.140  What is meant by ``room of origin''?

    Room of origin means an area of a building where a fire can be 
expected to start. Typically, the size of the area will be determined by 
the walls, floor, and ceiling surrounding the space. However, this could 
lead to unacceptably large areas in the case of open plan office space 
or similar arrangements. Therefore, the maximum allowable fire area 
should be limited to 200 m2 (2000 ft2), including intervening spaces. In 
the case of residential units, an entire apartment occupied by one 
tenant could be considered as the room of origin to the extent it did 
not exceed the 200 m2 (2000 ft2) limitation.

                                Flashover



Sec.  102-80.145  What is meant by ``flashover''?

    Flashover means fire conditions in a confined area where the upper 
gas layer temperature reaches 600 [deg]C (1100 [deg]F) and the heat flux 
at floor level exceeds 20 kW/m2 (1.8 Btu/ft2/sec).

                   Reasonable Worst Case Fire Scenario



Sec.  102-80.150  What is meant by ``reasonable worst case fire scenario''?

    Reasonable worst case fire scenario means a combination of an 
ignition source, fuel items, and a building location likely to produce a 
fire that would have a significant adverse impact on the building and 
its occupants. The development of reasonable worst case scenarios must 
include consideration of types and forms of fuels present (e.g., 
furniture, trash, paper, chemicals), potential fire ignition locations 
(e.g., bedroom, office, closet, corridor), occupant capabilities (e.g., 
awake, intoxicated, mentally or physically impaired), numbers of 
occupants, detection and suppression system adequacy and reliability, 
and fire department capabilities. A quantitative analysis of the 
probability of occurrence of each scenario and combination of events 
will be necessary.



PART 102	81_PHYSICAL SECURITY--Table of Contents



                      Subpart A_General Provisions

Sec.
102-81.5 What does this part cover?
102-81.10 What basic physical security policy governs Federal agencies?
102-81.15 What are the governing authorities for this part?
102-81.20 Who must comply with this part?

                       Subpart B_Physical Security

102-81.25 Who is responsible for implementing, maintaining, and 
          upgrading physical security standards in each Federal facility 
          and on Federal grounds under the jurisdiction, custody, or 
          control of GSA?
102-81.30 Are there any special considerations for existing Federal 
          facilities and Federal grounds under the jurisdiction, 
          custody, or control of GSA?
102-81.31 Are there any special considerations for leased facilities or 
          new construction?

    Authority: 40 U.S.C. 121(c) and 581; 6 U.S.C. 232; Pub. L. 109-13, 
119 Stat. 302; and Homeland Security Presidential Directive 12.

    Source: 87 FR 51919, Aug. 24, 2022, unless otherwise noted.

[[Page 334]]



                      Subpart A_General Provisions



Sec.  102-81.5  What does this part cover?

    This part covers physical security in and at nonmilitary federally 
owned and leased facilities and grounds under the jurisdiction, custody, 
or control of the U.S. General Services Administration (GSA), including 
those facilities and grounds that have been delegated by the 
Administrator of General Services. Federal facility means all or any 
part of any federally owned or leased building, physical structure or 
associated support infrastructure (e.g., parking facilities and 
utilities) that is under the jurisdiction, custody, or control of GSA. 
Federal grounds mean all or any part of any area outside a Federal 
facility that is under the jurisdiction, custody, or control of GSA.



Sec.  102-81.10  What basic physical security policy governs Federal
agencies?

    The Interagency Security Committee (ISC) is responsible for 
developing and evaluating physical security standards for nonmilitary 
Federal facilities. In accordance with E.O. 12977, the ISC sets policies 
and recommendations that govern physical security at Federal facilities 
and on Federal grounds occupied by Federal employees for nonmilitary 
activities. This includes the ISC Risk Management Process Standard (the 
RMP Standard) that Federal agencies use in the protection of the real 
property they occupy, including the protection of persons on the 
property. The goal of the RMP Standard is a level of protection 
commensurate with the level of risk. ISC policies do not supersede other 
laws, regulations, and Executive orders that are intended to protect 
unique assets.



Sec.  102-81.15  What are the governing authorities for this part?

    The governing authorities are as follows:
    (a) 40 U.S.C. 121(c) and 581.
    (b) E.O. 12977.
    (c) E.O. 13286, sec. 23.
    (d) 6 U.S.C. 232.
    (e) Homeland Security Presidential Directive 12.
    (f) REAL ID Act of 2005 (Pub. L. 109-13).



Sec.  102-81.20  Who must comply with this part?

    Each agency occupying a Federal facility or Federal grounds under 
the jurisdiction, custody, or control of GSA, including those facilities 
and grounds that have been delegated by the Administrator of General 
Services, for nonmilitary activities must comply with this part, except 
where the Director of National Intelligence determines that compliance 
would jeopardize intelligence sources and methods or the Secretary of 
Energy determines that compliance would conflict with the authorities of 
the Secretary of Energy over Restricted Data and Special Nuclear 
Material under, among others, sections 141, 145, 146, 147, and 161 of 
the Atomic Energy Act of 1954, as amended, the Department of Energy 
Organization Act, or any other statute. In situations where a Federal 
facility is occupied by multiple Federal agencies for both military and 
nonmilitary activities, and each such occupancy is substantial, those 
occupants will coordinate on the physical security of the facility.



                       Subpart B_Physical Security



Sec.  102-81.25  Who is responsible for implementing, maintaining, and
upgrading physical security standards in each Federal facility and on
Federal grounds under the jurisdiction, custody, or control of GSA?

    Each agency occupying a Federal facility or Federal grounds under 
the jurisdiction, custody, or control of GSA, including those facilities 
and grounds that have been delegated by the Administrator of General 
Services, for nonmilitary activities is responsible for implementing, 
maintaining, and upgrading the physical security standards, except where 
the Director of National Intelligence determines that compliance would 
jeopardize intelligence sources and methods or the Secretary of Energy 
determines that compliance would conflict with the authorities of the 
Secretary of Energy over Restricted Data and Special Nuclear Material 
under, among others, sections 141, 145, 146, 147, and 161 of the

[[Page 335]]

Atomic Energy Act of 1954, as amended, the Department of Energy 
Organization Act, or any other statute. An occupant agency, if it is the 
only Federal occupant agency in the building, or the Facility Security 
Committee (FSC), as applicable, uses the facility security assessment 
reports they receive from the U.S. Department of Homeland Security--
Federal Protective Service to inform deliberations regarding recommended 
countermeasures and other security-related actions. GSA will facilitate 
the implementation of the countermeasures or other actions after 
occupant agency or FSC approval, as applicable, and commitment of each 
occupant agency to pay its pro rata share of the cost.



Sec.  102-81.30  Are there any special considerations for existing 
Federal facilities and Federal grounds under the jurisdiction, custody,
or control of GSA?

    No, the RMP Standard applies to existing nonmilitary Federal 
facilities as part of the periodic risk assessment process. The security 
organization responsible for the Federal facility or Federal grounds 
will conduct a periodic risk assessment and recommend countermeasures 
and design features to be implemented at the Federal facility or on the 
Federal grounds. The FSC will determine whether the recommended 
countermeasures will be implemented or if risk will be accepted. The 
design and implementation of approved countermeasures at existing 
facilities must comply with applicable laws, regulations, and Executive 
orders. For approved countermeasures that cannot be implemented 
immediately, a plan to phase in countermeasures and achieve compliance 
must be instituted and documented in accordance with the RMP Standard. 
In some cases, the implementation of countermeasures must be delayed 
until renovations or modernization programs occur.



Sec.  102-81.31  Are there any special considerations for leased facilities
or new construction?

    Yes. GSA will coordinate with the occupant agency and the security 
organization responsible for the Federal facility or Federal grounds 
when determining the applicable physical security clauses to use in the 
procurement package.



PART 102	82_UTILITY SERVICES--Table of Contents



                      Subpart A_General Provisions

Sec.
102-82.5 What does this part cover?
102-82.10 What are the governing authorities for this part?
102-82.15 Who must comply with the provisions of this part?
102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
102-82.25 How do we request a deviation from the provisions of this 
          part?

                       Subpart B_Utility Services

102-82.30 What authority must my agency have in order to procure utility 
          service(s)?
102-82.35 Can Executive agencies enter into contracts for utility 
          services?
102-82.40 What are Executive agencies' rate intervention 
          responsibilities?

    Authority: 40 U.S.C. 121(c) and 40 U.S.C. 501.

    Source: 85 FR 5903, Feb. 3, 2020, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-82.5  What does this part cover?

    This part covers the procurement and management of public utility 
services. It does not cover utilities that are provided as part of a 
lease. For more information on the procurement of utility services refer 
to Federal Acquisition Regulation (FAR) in 48 CFR part 41. For more 
information on the management of Utility Services, refer to 40 U.S.C. 
501.



Sec.  102-82.10  What are the governing authorities for this part?

    The authorities for the regulations in this part are:
    (a) 40 U.S.C. 121(c); and
    (b) 40 U.S.C. 501.



Sec.  102-82.15  Who must comply with the provisions of this part?

    All Executive agencies procuring, managing, or supplying utility 
services under Title 40 of the United States Code, including GSA's 
Public Buildings Service (PBS), Department of Defense,

[[Page 336]]

Department of Energy, and those agencies operating under, or subject to, 
the authorities of the Administrator of General Services must comply 
with the provisions of this part. For information on a utility services 
delegation of authority, refer to Sec.  102-72.100 of this chapter.



Sec.  102-82.20  To whom do ``we,'' ``you,'' and their variants refer?

    Unless otherwise indicated, use of pronouns ``we,'' ``you,'' and 
their variants throughout this part refer to an Executive agency. Refer 
to part 102-71 of this chapter for the definition of Executive agency.



Sec.  102-82.25  How do we request a deviation from the provisions of 
this part?

    Refer to Sec. Sec.  102-2.60 through 102-2.110 of this chapter for 
information on how to obtain a deviation from this part.



                       Subpart B_Utility Services



Sec.  102-82.30  What authority must my agency have in order to procure
utility service(s)?

    If you do not have a delegation of authority issued by GSA to 
procure utility services, or independent authority for such 
procurements, you cannot procure utility services. The Secretary of 
Defense is independently authorized to take such actions without a 
delegation from GSA, when the Secretary determines such actions to be in 
the best interests of national security. For more information on a 
utility services delegation of authority refer to Sec. Sec.  102-72.100 
and 102-72.105 of this chapter.



Sec.  102-82.35  Can Executive agencies enter into contracts for utility
services?

    Executive agencies, operating under a utility services delegation 
from GSA, or the Secretary of Defense, when the Secretary determines it 
to be in the best interests of national security, may enter into 
contracts for utility services (such as commodities and utility rebate 
programs), pursuant to the terms and conditions contained in the 
delegation and in accordance with FAR part 41. FAR part 41 requires that 
agencies provide or procure from sources of supply that are the most 
advantageous to the Federal Government in terms of economy, efficiency, 
reliability, or quality of service; while 40 U.S.C. 501(c) requires that 
agencies provide or procure such services with due regard to the mission 
responsibilities of the agencies concerned. For information on utility 
services delegation of authority refer to part 102-72 of this chapter. 
For additional information on contracts for utility services, search on 
the topics Utility or Energy on the Acquisition Gateway, http://
www.gsa.gov.



Sec.  102-82.40  What are Executive agencies' rate intervention 
responsibilities?

    Unless otherwise authorized by law, absent a delegation from GSA, 
Executive agencies must not engage in the types of representation 
referenced at 40 U.S.C. 501(c), Services for Executive agencies. The 
Secretary of Defense is independently authorized to take such actions 
without a delegation from GSA, when the Secretary determines such 
actions to be in the best interests of national security. Refer to part 
102-71 of this chapter for definitions of Executive agencies and state. 
For information on delegation of authority refer to part 102-72 of this 
chapter.



PART 102	83_LOCATION OF SPACE--Table of Contents



                      Subpart A_General Provisions

Sec.
102-83.5 What is the scope of this part?
102-83.10 What basic location of space policy governs an Executive 
          agency?
102-83.15 Is there a general hierarchy of consideration that agencies 
          must follow in their utilization of space?

                       Subpart B_Location of Space

                             Delineated Area

102-83.20 What is a delineated area?
102-83.25 Who is responsible for identifying the delineated area within 
          which a Federal agency wishes to locate specific activities?
102-83.30 In addition to its mission and program requirements, are there 
          any other issues that Federal agencies must consider in 
          identifying the delineated area?
102-83.35 Are Executive agencies required to consider whether the 
          central business

[[Page 337]]

          area will provide for adequate competition when acquiring 
          leased space?
102-83.40 Who must approve the final delineated area?
102-83.45 Where may Executive agencies find guidance on appealing GSA's 
          decisions and recommendations concerning delineated areas?

                               Rural Areas

102-83.50 What is the Rural Development Act of 1972?
102-83.55 What is a rural area?
102-83.60 What is an urbanized area?
102-83.65 Are Executive agencies required to give first priority to the 
          location of new offices and other facilities in rural areas?

                               Urban Areas

102-83.70 What is Executive Order 12072?
102-83.75 What is Executive Order 13006?
102-83.80 What is an urban area?
102-83.85 What is a central business area?
102-83.90 Do Executive Orders 12072 and 13006 apply to rural areas?
102-83.95 After an agency has identified that its geographic service 
          area and delineated area are in an urban area, what is the 
          next step for an agency?
102-83.100 Why must agencies consider available space in properties 
          under the custody and control of the U.S. Postal Service?
102-83.105 What happens if there is no available space in non-historic 
          buildings under the custody and control of the U.S. Postal 
          Service?
102-83.110 When an agency's mission and program requirements call for 
          the location in an urban area, are Executive agencies required 
          to give first consideration to central business areas?
102-83.115 What is a central city?
102-83.120 What happens if an agency has a need to be in a specific 
          urban area that is not a central city in a metropolitan area?

                    Preference to Historic Properties

102-83.125 Are Executive agencies required to give preference to 
          historic properties when acquiring leased space?

               Application of Socioeconomic Considerations

102-83.130 When must agencies consider the impact of a location decision 
          on low- and moderate-income employees?
102-83.135 With whom must agencies consult in determining the 
          availability of low- and moderate-income housing?

Appendix to Part 102-83--Memorandum of Understanding Between the 
          Department of Housing and Urban Development and the General 
          Services Administration Concerning Low- and Moderate-Income 
          Housing

    Authority: 40 U.S.C. 121(c); E.O. 12072; and E.O. 13006.

    Source: 70 FR 67857, Nov. 8, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  102-83.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec.  102-83.10  What basic location of space policy governs an
Executive agency?

    Each Executive agency is responsible for identifying its geographic 
service area and the delineated area within which it wishes to locate 
specific activities, consistent with its mission and program 
requirements, and in accordance with all applicable statutes, 
regulations and policies.



Sec.  102-83.15  Is there a general hierarchy of consideration that
agencies must follow in their utilization of space?

    Yes, Federal agencies must follow the hierarchy of consideration 
identified in Sec.  102-79.55 of this chapter.



                       Subpart B_Location of Space

                             Delineated Area



Sec.  102-83.20  What is a delineated area?

    Delineated area means the specific boundaries within which space 
will be obtained to satisfy an agency space requirement.



Sec.  102-83.25  Who is responsible for identifying the delineated
area within which a Federal agency wishes to locate specific activities?

    Each Federal agency is responsible for identifying the delineated 
area within which it wishes to locate specific activities, consistent 
with its mission and program requirements, and in accordance with all 
applicable laws, regulations, and Executive Orders.

[[Page 338]]



Sec.  102-83.30  In addition to its mission and program requirements,
are there any other issues that Federal agencies must consider in 
identifying the delineated area?

    Yes, Federal agencies must also consider real estate, labor, and 
other operational costs and applicable local incentives, when 
identifying the delineated area.



Sec.  102-83.35  Are Executive agencies required to consider whether 
the central business area will provide for adequate competition when
acquiring leased space?

    In accordance with the Competition in Contracting Act of 1984, as 
amended (41 U.S.C. 253(a)), Executive agencies must consider whether 
restricting the delineated area for obtaining leased space to the 
central business area (CBA) will provide for adequate competition when 
acquiring leased space. Where an Executive agency determines that the 
delineated area must be expanded beyond the CBA to provide adequate 
competition, the agency may expand the delineated area in consultation 
with local officials. Executive agencies must continue to include the 
CBA in such expanded areas.



Sec.  102-83.40  Who must approve the final delineated area?

    Federal agencies conducting the procurement must approve the final 
delineated area for site acquisitions and lease actions and must confirm 
that the final delineated area complies with the requirements of all 
applicable laws, regulations, and Executive Orders.



Sec.  102-83.45  Where may Executive agencies find guidance on appealing
GSA's decisions and recommendations concerning delineated areas?

    GSA's PBS provides guidance in its Customer Guide to Real Property 
on the process for appealing GSA's decisions and recommendations 
concerning delineated areas.

                               Rural Areas



Sec.  102-83.50  What is the Rural Development Act of 1972?

    The Rural Development Act of 1972, as amended (7 U.S.C. 2204b-1), 
directs Federal agencies to develop policies and procedures to give 
first priority to the location of new offices and other Federal 
facilities in rural areas. The intent of the Rural Development Act is to 
revitalize and develop rural areas and to help foster a balance between 
rural and urban America.



Sec.  102-83.55  What is a rural area?

    As defined in 7 U.S.C. 1991(a)(13)(A), rural area means any area 
other than--
    (a) A city or town that has a population of greater than 50,000 
inhabitants; and
    (b) The urbanized area contiguous and adjacent to such a city or 
town.



Sec.  102-83.60  What is an urbanized area?

    An urbanized area is a statistical geographic area defined by the 
Census Bureau, consisting of a central place(s) and adjacent densely 
settled territory that together contain at least 50,000 people, 
generally with an overall population density of at least 1,000 people 
per square mile.



Sec.  102-83.65  Are Executive agencies required to give first priority
to the location of new offices and other facilities in rural areas?

    Yes, Executive agencies must give first priority to the location of 
new offices and other facilities in rural areas in accordance with the 
Rural Development Act (7 U.S.C. 2204b-1), unless their mission or 
program requirements call for locations in an urban area. First priority 
to the location of new offices and other facilities in rural areas must 
be given in accordance with the hierarchy specified in Sec.  102-79.55 
of this chapter.

                               Urban Areas



Sec.  102-83.70  What is Executive Order 12072?

    Executive Order 12072, entitled ``Federal Space Management,'' 
requires all Executive agencies that have a mission requirement to 
locate in an urban area to give first consideration to locating Federal 
facilities in central business areas, and/or adjacent areas of similar 
character, to use them to make downtowns attractive places to work, 
conserve existing resources, and encourage

[[Page 339]]

redevelopment. It also directs Executive agencies to consider 
opportunities for locating cultural, educational, recreational, or 
commercial activities within the proposed facility.



Sec.  102-83.75  What is Executive Order 13006?

    Executive Order 13006, entitled ``Locating Federal Facilities on 
Historic Properties in Our Nation's Central Cities,'' requires all 
Executive agencies that have a mission requirement to locate in an urban 
area to give first consideration to locating Federal facilities in 
historic buildings and districts within central business areas. It also 
directs Executive agencies to remove regulatory barriers, review their 
policies, and build new partnerships with the goal of enhancing 
participation in the National Historic Preservation program.



Sec.  102-83.80  What is an urban area?

    Urban area means any metropolitan area (MA) as defined by the Office 
of Management and Budget (OMB) in OMB Bulletin No. 99-04, or succeeding 
OMB Bulletin, that does not meet the definition of rural area in Sec.  
102-83.55.



Sec.  102-83.85  What is a central business area?

    Central business area (CBA) means the centralized community business 
area and adjacent areas of similar character, including other specific 
areas that may be recommended by local officials in accordance with 
Executive Order 12072. The CBAs are designated by local government and 
not by Federal agencies.



Sec.  102-83.90  Do Executive Orders 12072 and 13006 apply to rural areas?

    No, Executive Orders 12072 and 13006 only apply to agencies looking 
for space in urban areas.



Sec.  102-83.95  After an agency has identified that its geographic service area and delineated area are in an urban area, what is the next step for an agency?

    After an agency identifies its geographic service area and 
delineated area within which it wishes to locate specific activities are 
in an urban area (i.e., determined that the agency's mission 
requirements dictate a need to locate its facility in an urban area), 
Federal agencies must seek space in historic properties already under 
agency control, in accordance with section 110 of the National Historic 
Preservation Act. The National Historic Preservation Act provides that 
prior to purchasing, constructing or leasing new space, Federal agencies 
must--
    (a) Consider agency-controlled historic properties within historic 
districts inside CBAs when locating Federal operations, in accordance 
with Executive Order 13006 (which, by reference, also incorporates the 
requirements in Executive Order 12072 and the Rural Development Act of 
1972);
    (b) Then consider agency-controlled developed or undeveloped sites 
within historic districts, if no suitable agency-controlled historic 
property specified in paragraph (a) of this section is available;
    (c) Then consider agency-controlled historic properties outside of 
historic districts, if no suitable agency-controlled site exists within 
a historic district as specified in paragraph (b) of this section;
    (d) Then consider non-historic agency-controlled properties, if no 
suitable agency-controlled historic properties outside of historic 
districts exist as specified in paragraph (c) of this section;
    (e) Then consider historic properties under the custody and control 
of the U.S. Postal Service, if there is no available space in non-
historic agency-controlled properties specified in paragraph (d) of this 
section.
    (f) Then consider non-historic properties under the custody and 
control of the U.S. Postal Service, if there is no available space in 
historic properties under the custody and control of the U.S. Postal 
Service specified in paragraph (e) of this section.



Sec.  102-83.100  Why must agencies consider available space in properties under the custody and control of the U.S. Postal Service?

    See Sec.  102-73.20 of this chapter.

[[Page 340]]



Sec.  102-83.105  What happens if there is no available space in non-historic buildings under the custody and control of the U.S. Postal Service?

    If no suitable space in non-historic buildings under the custody and 
control of the U.S. Postal Service is available, agencies may then 
acquire real estate by purchase, lease, or construction, in accordance 
with FMR part 102-73.



Sec.  102-83.110  When an agency's mission and program requirements call for the location in an urban area, are Executive agencies required to give first 
          consideration to central business areas?

    Yes, if an agency has a specific location need to be in an urban 
area, then Executive Orders 12072 and 13006 require that agencies should 
give first consideration to locating in a historic building in a 
historic district in the CBA of a central city of the appropriate 
metropolitan area. If no such space is available, agencies must give 
consideration to locating in a non-historic building in a historic 
district in the CBA of a central city of the appropriate metropolitan 
area. If no such space is available, agencies must give consideration to 
locating in a historic building outside of a historic district in the 
CBA of a central city of the appropriate metropolitan area. If no such 
space is available, agencies should give consideration to locating in a 
non-historic building outside of a historic district in the CBA of a 
central city of the appropriate metropolitan area.



Sec.  102-83.115  What is a central city?

    Central cities are those central cities defined by OMB in OMB 
Bulletin No. 99-04, or succeeding OMB Bulletin.



Sec.  102-83.120  What happens if an agency has a need to be in a specific urban area that is not a central city in a metropolitan area?

    If an agency has a need to be in a specific urban area that is not a 
central city in a metropolitan area, then the agency must give first 
consideration to locating in a historic building in a historic district 
in the CBA of the appropriate metropolitan area. If no such space is 
available, agencies must give consideration to locating in a non-
historic building in a historic district in the CBA of the appropriate 
metropolitan area. If no such space is available, agencies must give 
consideration to locating in a historic building outside of a historic 
district in the CBA of the appropriate metropolitan area. If no such 
space is available, agencies should give consideration to locating in a 
non-historic building outside of a historic district in the CBA of the 
appropriate metropolitan area.

                    Preference to Historic Properties



Sec.  102-83.125  Are Executive agencies required to give preference to historic properties when acquiring leased space?

    Yes, Federal agencies must give a price preference when acquiring 
space using either the lowest price technically acceptable or the best 
value tradeoff source selection process. See part 102-73 of this chapter 
for additional guidance.

               Application of Socioeconomic Considerations



Sec.  102-83.130  When must agencies consider the impact of location decisions on low- and moderate-income employees?

    Federal agencies proposing locations for Federal construction or 
major lease actions involving the relocation of a major work force must 
consider the impact on employees with low and moderate incomes.



Sec.  102-83.135  With whom must agencies consult in determining the availability of low- and moderate-income housing?

    Federal agencies must consult with the U.S. Department of Housing 
and Urban Development (HUD) in accordance with the Memorandum of 
Understanding (MOU) between HUD and GSA. The text of the HUD-GSA MOU is 
located in the appendix to this part.

[[Page 341]]



 Sec. Appendix to Part 102-83--Memorandum of Understanding Between the 
  Department Of Housing And Urban Development And the General Services 
       Administration Concerning Low- And Moderate-Income Housing

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

[[Page 342]]

    8. In view of its responsibilities described in paragraphs 1 and 7 
above, HUD possesses the necessary expertise to investigate, determine, 
and report to GSA on the availability of low- and moderate-income 
housing on a nondiscriminatory basis and to make findings as to such 
availability with respect to proposed locations for a federally-
constructed building or leased space which would be consistent with such 
reports. HUD also possesses the necessary expertise to advise GSA and 
other Federal agencies with respect to actions which would increase the 
availability of low- and moderate-income housing on a nondiscriminatory 
basis, once a site has been selected for a federally-constructed 
building or a lease executed for space, as well as to assist in 
increasing the availability of such housing through its own programs 
such as those described in paragraph 7 above.
    9. HUD and GSA agree that:
    (a) GSA will pursue the achievement of low- and moderate-income 
housing objectives and fair housing objectives, in accordance with its 
responsibilities recognized in paragraph 6 above, in all determinations, 
tentative and final, with respect to the location of both federally 
constructed buildings and leased buildings and space, and will make all 
reasonable efforts to make this policy known to all persons, 
organizations, agencies and others concerned with federally owned and 
leased buildings and space in a manner which will aid in achieving such 
objectives.
    (b) In view of the importance to the achievement of the objectives 
of this memorandum of agreement of the initial selection of a city or 
delineation of a general area for location of public buildings or leased 
space, GSA will provide the earliest possible notice to HUD of 
information with respect to such decisions so that HUD can carry out its 
responsibilities under this memorandum of agreement as effectively as 
possible.
    (c) Government-owned Public Buildings Projects. (1) In the planning 
for each new public buildings project under the Public Buildings Act of 
1959, during the survey preliminary to the preparation and submission of 
a project development report, representatives of the regional office of 
GSA in which the project is proposed will consult with, and receive 
advice from, the regional office of HUD, and local planning and housing 
authorities concerning the present and planned availability of low- and 
moderate-income housing on a nondiscriminatory basis in the area where 
the project is to be located. Such advice will constitute the principal 
basis for GSA's consideration of the availability of such housing in 
accordance with paragraphs 6 and 9(a). A copy of the prospectus for each 
project which is authorized by the Committees on Public Works of the 
Congress in accordance with the requirements of section 7(a) of the 
Public Buildings Act of 1959, will be provided to HUD.
    (2) When a site investigation for an authorized public buildings 
project is conducted by regional representatives of GSA to identify a 
site on which the public building will be constructed, a representative 
from the regional office of HUD will participate in the site 
investigation for the purposes of providing a report on the availability 
of low- and moderate-income housing on a nondiscriminatory basis in the 
area of the investigation. Such report will constitute the principal 
basis for GSA's consideration of the availability of such housing in 
accordance with paragraphs 6 and 9(a).
    (d) Major lease actions having a significant socioeconomic impact on 
a community: At the time GSA and the agencies who will occupy the space 
have tentatively delineated the general area in which the leased space 
must be located in order that the agencies may effectively perform their 
missions and programs, the regional representative of HUD will be 
consulted by the regional representative of GSA who is responsible for 
the leasing action to obtain advice from HUD concerning the availability 
of low- and moderate-income housing on a nondiscriminatory basis to the 
delineated area. Such advice will constitute the principal basis for 
GSA's consideration of the availability of such housing in accordance 
with paragraphs 6 and 9(a). Copies of lease-construction prospectuses 
approved by the Committees on Public Works of the Congress in conformity 
with the provisions of the Independent Offices and Department of Housing 
and Urban Development appropriation acts, will be provided to HUD.
    (e) GSA and HUD will each issue internal operating procedures to 
implement this memorandum of understanding within a reasonable time 
after its execution. These procedures shall recognize the right of HUD, 
in the event of a disagreement between HUD and GSA representatives at 
the area or regional level, to bring such disagreement to the attention 
of GSA officials at headquarters in sufficient time to assure full 
consideration of HUD's views, prior to the making of a determination by 
GSA.
    (f) In the event a decision is made by GSA as to the location of a 
federally constructed building or leased space, and HUD has made 
findings, expressed in the advice given or a report made to GSA, that 
the availability to such location of low- and moderate-income housing on 
a nondiscriminatory basis is inadequate, the GSA shall provide the DHUD 
with a written explanation why the location was selected.
    (g) Whenever the advice or report provided by HUD in accordance with 
paragraph 9(c)(1), 9(c)(2), or 9(d) with respect to an area or site

[[Page 343]]

indicates that the supply of low-and moderate-income housing on a 
nondiscriminatory basis is inadequate to meet the needs of the personnel 
of the agency involved, GSA and HUD will develop an affirmative action 
plan designed to insure that an adequate supply of such housing will be 
available before the building or space is to be occupied or within a 
period of 6 months thereafter. The plan should provide for commitments 
from the community involved to initiate and carry out all feasible 
efforts to obtain a sufficient quantity of low- and moderate-income 
housing available to the agency's personnel on a nondiscriminatory basis 
with adequate access to the location of the building or space. It should 
include commitments by the local officials having the authority to 
remove obstacles to the provision of such housing, when such obstacles 
exist, and to take effective steps to assure its provision. The plan 
should also set forth the steps proposed by the agency to develop and 
implement a counseling and referral service to seek out and assist its 
personnel to obtain such housing. As part of any plan during, as well as 
after its development, HUD agrees to give priority consideration to 
applications for assistance under its housing programs for the housing 
proposed to be provided in accordance with the plan.
    10. This memorandum will be reviewed at the end of one year, and 
modified to incorporate any provision necessary to improve its 
effectiveness in light of actual experience.

                         PART 102	84 [RESERVED]



PART 102	85_PRICING POLICY FOR OCCUPANCY IN GSA SPACE-
-Table of Contents



                    Subpart A_Pricing Policy_General

Sec.
102-85.5 By what authority is the pricing policy in this part 
          prescribed?
102-85.10 What is the scope of this part?
102-85.15 What are the basic policies for charging Rent for space and 
          services?
102-85.20 What does an Occupancy Agreement (OA) do?
102-85.25 What is the basic principle governing OAs?
102-85.30 Are there special rules for certain Federal customers?
102-85.35 What definitions apply to this part?
102-85.40 What are the major components of the pricing policy?

                      Subpart B_Occupancy Agreement

102-85.45 When is an Occupancy Agreement required?
102-85.50 When does availability of funding have to be certified?
102-85.55 What are the terms and conditions included in an OA?
102-85.60 Who can execute an OA?
102-85.65 How does an OA obligate the customer agency?
102-85.70 Are the standard OA terms appropriate for non-cancelable 
          space?
102-85.75 When can space assignments be terminated?
102-85.80 Who is financially responsible for expenses resulting from 
          tenant non-performance?
102-85.85 What if a customer agency participates in a consolidation?

                 Subpart C_Tenant Improvement Allowance

102-85.90 What is a tenant improvement allowance?
102-85.95 Who pays for the TI allowance?
102-85.100 How does a customer agency pay for tenant improvements?
102-85.105 How does an agency pay for customer alterations that exceed 
          the TI allowance?
102-85.110 Can the allowance amount be changed?

                         Subpart D_Rent Charges

102-85.115 How is the Rent determined?
102-85.120 What is ``shell Rent''?
102-85.125 What alternate methods may be used to establish Rent in 
          Federally owned space?
102-85.130 How are exemptions from Rent granted?
102-85.135 What if space and services are provided by other executive 
          agencies?
102-85.140 How are changes in Rent reflected in OAs?
102-85.145 When are customer agencies responsible for Rent charges?
102-85.150 How will Rent charges be reflected on the customer agency's 
          Rent bill?
102-85.155 What does a customer agency do if it does not agree with a 
          Rent bill?
102-85.160 How does a customer agency know how much to budget for Rent?

                  Subpart E_Standard Levels of Service

102-85.165 What are standard levels of service?
102-85.170 Can flexitime and other alternative work schedules cost the 
          customer agency more?
102-85.175 Are the standard level services for cleaning, mechanical 
          operation, and maintenance identified in an OA?
102-85.180 Can there be other standard services?
102-85.185 Can space be exempted from the standard levels of service?

[[Page 344]]

102-85.190 Can GSA Rent be adjusted when standard levels of service are 
          performed by other customer agencies?

                       Subpart F_Special Services

102-85.195 Does GSA provide special services?

       Subpart G_Continued Occupancy, Relocation and Forced Moves

102-85.200 Can customer agencies continue occupancy of space or must 
          they relocate at the end of an OA?
102-85.205 What happens if a customer agency continues occupancy after 
          the expiration of an OA?
102-85.210 What if a customer agency has to relocate?
102-85.215 What if another customer agency forces a GSA customer to 
          move?
102-85.220 Can a customer agency forced to relocate waive the 
          reimbursements?
102-85.225 What are the funding responsibilities for relocations 
          resulting from emergencies?

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

    Source: 66 FR 23169, May 8, 2001, unless otherwise noted.



                    Subpart A_Pricing Policy_General



Sec.  102-85.5  By what authority is the pricing policy in this part prescribed?

    (a) General authority is granted in 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).
    (b) This part implements the applicable provisions of Federal law, 
including, but not limited to, the:
    (1) Federal Property and Administrative Services Act of 1949, 63 
Stat. 377, as amended;
    (2) Act of July 1, 1898 (40 U.S.C. 285);
    (3) Act of April 28, 1902 (40 U.S.C. 19);
    (4) Act of August 27, 1935 (40 U.S.C. 304c);
    (5) Public Buildings Act of 1959, as amended (40 U.S.C. 601-619);
    (6) Public Buildings Amendments of 1972, Pub. L. 92-313, (86 Stat. 
219);
    (7) Rural Development Act of 1972, Pub. L. 92-419, (86 Stat. 674);
    (8) Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note);
    (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et 
seq.);
    (10) National Environmental Policy Act of 1969, as amended (42 
U.S.C. 4321 et seq.);
    (11) Intergovernmental Cooperation Act of 1968 and the Federal Urban 
Land Use Act (42 U.S.C. 4201-4244; 40 U.S.C. 531-535);
    (12) Public Buildings Cooperative Use Act of 1976, as amended (40 
U.S.C. 490(a)(16)-(19), 601a and 612a);
    (13) Public Buildings Amendments of 1988, Pub. L. 100-678, (102 
Stat. 4049);
    (14) National Historic Preservation Act of 1966 as amended (16 
U.S.C. 461 et seq.);
    (15) Executive Order 12072 of August 16, 1978 (43 FR 36869);
    (16) Executive Order 12411 of March 29, 1983 (48 FR 13391);
    (17) Executive Order 12512 of April 29, 1985 (50 FR 18453);
    (18) Executive Order 13005 of May 21, 1996 (61 FR 26069); and
    (19) Executive Order 13006 of May 21, 1996 (61 FR 26071).



Sec.  102-85.10  What is the scope of this part?

    (a) This part describes GSA policy and principles for the assignment 
and occupancy of space under its control and the rights and obligations 
of GSA and the customer agencies that request or occupy such space 
pursuant to GSA Occupancy Agreements (OA).
    (b) Space managed by agencies under delegation of authority from GSA 
is subject to the provisions of this part.
    (c) This part is not applicable to:
    (1) Licenses, permits or leases with non-Federal entities under the 
Public Buildings Cooperative Use Act (40 U.S.C. 490(a)(16-19)); or
    (2) The disposal of surplus lease space under section 210(h)(2) of 
the Federal Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 490(h)(2)).



Sec.  102-85.15  What are the basic policies for charging Rent for space and services?

    (a) GSA will charge for space and services furnished by GSA (unless 
otherwise exempted by the Administrator of General Services) a Rent 
charge which will approximate commercial

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charges for comparable space and services. Rent for all assignments for 
GSA-controlled space will be priced according to the principles of the 
pricing policy in this part. These principles are reflected in the 
following elements of GSA Rent charges:
    (1) ``Shell'' Rent based on approximate commercial charges for 
comparable space and services for Federally owned space (accomplished 
using appraisal procedures);
    (2) Rent based on actual cost of the lease, including the costs (if 
any) of services not provided by the lessor, plus a GSA fee;
    (3) Amortization of any tenant improvement allowance used;
    (4) Any applicable real estate taxes, operating costs, parking, 
security and joint use fees; and
    (5) For certain projects involving new construction or major 
renovation of Federally-owned buildings, a return on investment pricing 
approach if an appraisal-determined rental value does not provide a 
minimum return (OMB discount rate for calculating the present value of 
yearly costs plus 2%) on the cost of the prospective capital investment. 
Each specific use of Return on Investment (ROI) pricing must be approved 
by OMB and duly recorded in an Occupancy Agreement (OA) with the 
customer agency. Once the ROI methodology is employed to establish Rent 
for a capital investment, the ROI method must be retained for the 
duration of the OA term.
    (b) Special services not included in the standard levels of service 
may be provided by GSA on a reimbursable basis. GSA may also furnish 
alterations on a reimbursable basis in buildings where GSA is 
responsible for alterations only.
    (c) The financial terms and conditions under which GSA assigns, and 
a customer agency occupies, each block of GSA-controlled space, shall be 
documented in a written OA.



Sec.  102-85.20  What does an Occupancy Agreement (OA) do?

    An OA defines GSA's relationship with each customer agency and:
    (a) Establishes specific financial terms, provisions, rights, and 
obligations of GSA and its customer for each space assignment;
    (b) Minimizes exposure to future unknown costs for both GSA and 
customer agencies;
    (c) Stabilizes Rent payments to the extent reasonable and desired by 
customers; and
    (d) Allows tailoring of space and related services to meet customer 
agency needs.



Sec.  102-85.25  What is the basic principle governing OAs?

    The basic principle governing OAs is to adopt the private sector 
practice of capturing in a written document the business terms to which 
GSA and a customer agency agree concerning individual space assignments.



Sec.  102-85.30  Are there special rules for certain Federal customers?

    Yes, in lieu of OAs, GSA is able to enter into agreements with 
customer agencies that reflect the parties particular needs. For 
example, the space and services provided to the U.S. House of 
Representatives and the U.S. Senate are governed by existing memoranda 
of agreement (MOA). When there are conflicts between the provisions of 
this part and MOAs, the MOAs prevail.



Sec.  102-85.35  What definitions apply to this part?

    The following definitions apply to this part:
    Accept space or acceptance of space means a commitment from an 
agency to occupy specified GSA-controlled space.
    Agency-controlled and/or operated space means:
    (1) Space that is owned, leased, or otherwise controlled or operated 
by Federal agencies under any authority other than the Federal Property 
and Administrative Services Act of 1949, as amended; and
    (2) it also includes agency-acquired space for which acquisition 
authority has been delegated or otherwise granted to the agency by GSA. 
It does not include space covered by an OA.
    Assign or assignment is defined in the definition for space 
assignment.
    Building shell means the complete enveloping structure, the base-
building

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systems, and the finished common areas (building common and floor 
common) of a building that bound the tenant areas.
    Customer agency means any department, agency, or independent 
establishment in the Federal Government, including any wholly-owned 
corporation; any executive agency or any establishment in the 
legislative or judicial branch of the Government (except the Senate, the 
House of Representatives, and the Architect of the Capitol, and any 
activities under his direction).
    Emergency relocation is a customer move that results from an 
extraordinary event such as a fire, natural disaster, or immediate 
threat to the health and safety of occupants that renders a current 
space assignment unusable and requires that it be vacated, permanently 
or temporarily.
    Federal Buildings Fund means the fund into which Rent charges and 
other revenues are deposited, and collections cited in section 210(j) of 
the Federal Property and Administrative Services Act of 1949, as amended 
(U.S.C. 490(j)), and from which monies are available for expenditures 
for real property management and related activities in such amounts as 
are specified in annual appropriations acts without regard to fiscal 
year limitations.
    Federally controlled space means workspace for which the United 
States Government has a right of occupancy by ownership, by lease, or by 
any other means, such as by contract, barter, license, easement, permit, 
requisition, or condemnation. Such workspace excludes space owned or 
leased by private sector entities performing work on Government 
contracts.
    Federally owned space means space, the title to which is vested in 
the United States Government or which will vest automatically according 
to an existing agreement.
    Forced move means the involuntary physical relocation, from one 
space assignment to another, of a customer agency housed in GSA-
controlled space initiated by another customer agency or by GSA, before 
the expiration of a lease or an OA term. (See also the definition of 
GSA-initiated move.)
    General use space means all types of space other than ``warehouse,'' 
``parking,'' or ``unique'' space, as defined elsewhere in this part. 
Examples of general use space are:
    (1) Office and office-related space such as file areas, libraries, 
meeting rooms, computer rooms, mail rooms, training and conference, 
automated data processing operations, courtrooms, and judicial chambers; 
and
    (2) Storage space that contains different quality and finishes from 
general use space, but that is within a building where predominantly 
general use space is located.
    GSA-controlled space means Federally controlled space under the 
custody or control of GSA. It includes space for which GSA has delegated 
operational, maintenance, or protection authority to the customer 
agency.
    GSA-delegated space (or GSA delegated building) means GSA-controlled 
space for which GSA has delegated operational, maintenance or protection 
authority to the customer agency.
    GSA-initiated move means any relocation action in GSA-controlled 
space that:
    (1) Is involuntary to the customer agency and required to be 
effective prior to the expiration of an effective OA, or in the case of 
leased space, prior to the expiration of the lease; or
    (2) Is an emergency relocation initiated by GSA.
    Initial space alteration (ISA). See definition of ``tenant 
improvement.''
    Initial space layout means the specific placement of workstations, 
furniture and equipment within new space assignments.
    Inventory means a summary or itemized list of the real property, and 
associated descriptive information, that is under the control of a 
Federal agency.
    Joint-use space means common space within a Federally controlled 
facility, not specifically assigned to any one agency, and available for 
use by multiple agencies, such as cafeterias, auditoriums, conference 
rooms, credit unions, visitor parking spaces, snack bars, certain 
wellness/physical fitness facilities, and child care centers.
    Leased space means space for which the United States Government has 
a right of use and occupancy by virtue of having acquired a leasehold 
interest.

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    Non-cancelable space means space that, due to its layout, design, 
location, or other characteristics, is unlikely to be needed by another 
GSA customer agency. Typical conditions that might cause space to be 
defined as non-cancelable are:
    (1) Special space construction features;
    (2) Lack of any realistic Federal need for the space other than by 
the requesting agency; and
    (3) Remote location or unusual term (short or long) desired by the 
agency.
    Occupancy Agreement (OA) means a written agreement descriptive of 
the financial terms and conditions under which GSA assigns, and a 
customer agency occupies, the GSA-controlled space identified therein.
    Parking or parking space means surface land, structures, or areas 
within structures designed and designated for the purpose of parking 
vehicles.
    Personnel means the peak number of persons to be housed during a 
single shift, regardless of how many workstations are provided for them. 
In addition to permanent employees of the agency, personnel includes 
temporaries, part-time, seasonal, and contractual employees, budgeted 
vacancies, and employees of other agencies and organizations who are 
housed in a space assignment.
    Portfolio leases mean long term or ``master'' leases, usually 
negotiated to house several agencies whose individual term requirements 
differ from the terms of the underlying GSA lease with the lessor, and 
from each other. These may also be leases housing single agencies, but 
which entail for GSA responsibilities (burdens and benefits) which mimic 
an ownership position, or equity rights, even though no equity interest 
or ownership liability exists. An example of the latter would be long 
term renewal options on a lease which, in order to enjoy, involve 
substantial capital outlays by GSA to improve the building 
infrastructure. In both these cases, GSA is assuming risks or capital 
expenditures outside of the conventions of single transactions or 
occupancies. Accordingly, for a portfolio lease, it is not appropriate 
merely to pass through to the customer agency(ies) the rental rate of 
the underlying GSA lease. Portfolio leases are treated for pricing 
purposes as owned space, with Rent set by appraisal.
    Predominant use means the use to which the greatest portion of a 
location is put. Predominant use is determined by the Public Buildings 
Service (PBS), GSA, and will typically result in the designation of a 
location as one of four types of space--General Use, Warehouse, Unique, 
or Parking--even though some smaller portions of the space may be used 
for one or more of the other types of uses.
    Rent means the amounts charged by GSA for space and related services 
to the customer agencies with tenancy in GSA-controlled space. The word 
``Rent'' is capitalized to differentiate it from the contract ``rent'' 
that GSA pays lessors.
    Rentable square footage means the amount of space as defined in 
``Building Owners and Managers Association (BOMA)/American National 
Standards Institute (ANSI) Standard Z65.1-1996.'' The BOMA/ANSI standard 
also defines ``gross,'' ``office area,'' ``floor common,'' and 
``building common'' areas. Any references to these terms in this part 
refer to the BOMA/ANSI standard definitions. This standard has been 
adopted in accordance with GSA's interest in conforming its practices to 
nationally recognized industry standards to the extent possible.

    Note to the definition of Rentable square footage: Rentable square 
footage generally includes square footage of areas occupied by customers 
plus a prorated share of floor common areas such as elevator lobbies, 
building corridors, public restrooms, utility closets, and machine 
rooms. Rentable square footage also includes a prorated share of 
building common areas located throughout the building. Examples of 
building common space include ground floor entrance lobby, enclosed 
atrium, loading dock, and mail room.

    Request for space or space request means a written or electronically 
submitted document or an oral request, within which an agency's space 
needs are summarized. A request for space is requisite for development 
of an OA. Thus, it must be submitted to GSA by

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a duly authorized official of the customer agency, and it must be 
accompanied by documentation of the customer agency's ability to fund 
payment of required Rent charges.
    Return on Investment (ROI) pricing is one possible methodology used 
to establish a Rent rate for certain owned space. Typically, ROI pricing 
is a Rent rate that ensures GSA a reasonable return on its cost to 
acquire and improve the asset. ROI pricing may be used where no other 
comparable commercial space is available or no other appraisal method 
would be appropriate. It may also be used in cases in which an 
appraisal-based rental rate will not meet GSA's minimum return 
requirements for the planned level of investment.
    Security fees mean Rent charges for building services provided by 
GSA's Federal Protective Service. Security fees are comprised of basic 
and building specific charges.
    (a) A basic security fee is assessed in all PBS-controlled 
properties where the Federal Protective Service (FPS) provides security 
services. The rate is set annually on a per-square-foot basis. The 
charge includes the following services:
    (1) General law enforcement on PBS-controlled property;
    (2) Physical security assessments;
    (3) Crime prevention and awareness training;
    (4) Advice and assistance to building security committees;
    (5) Intelligence sharing program;
    (6) Criminal investigation;
    (7) Assistance and coordination in Occupancy Emergency Plan 
development;
    (8) Coordination of mobilization and response to terrorist threat or 
civil disturbance;
    (9) Program administration for security guard contracts; and
    (10) Megacenter operations for monitoring building perimeter alarms 
and dispatching appropriate law enforcement response.
    (b) The building specific security charge is comprised of two 
elements: Operating expenses and amortized capital costs. Building 
specific charges, whether operating expenses or capital costs, are 
distributed overall federal users by building or facility in direct 
proportion to each customer agency's percentage of federal occupancy. As 
with joint use charges, the distribution of building-specific charges 
among customer agencies is not re-adjusted for vacancy.
    Space means a defined area within a building and/or parcel of land. 
(Personal property and furniture are not included.)
    Space allocation standard (SAS) means a standard agreed upon by GSA 
and a customer agency, written in terms that permit nationwide or 
regional application, that is used as a basis for establishing that 
agency's space requirements. An SAS may describe special GSA and 
customer agency funding responsibilities, although such responsibilities 
will be covered in OAs for space assignments. An SAS may also be 
developed between GSA and customer agencies on a regional level to 
standardize or simplify transactions, provided that the terms of a 
regional SAS are consistent with the terms of that agency's national SAS 
and the terms of this part.
    Space assignment or assignments means a transaction between GSA and 
a customer agency that results in a customer agency's right to occupy 
certain GSA-controlled space, usually in return for customer agency 
payment(s) to GSA for use of the space. Space assignment rights, 
obligations, and responsibilities not covered in this part, or in the 
customer guides, are formalized in an OA.
    Space planning means the process of using recognized professional 
techniques of planning, layout and interior design to determine the best 
internal location and the most efficient configuration for satisfying 
agency space needs.
    Space program of requirements means a summary statement of an 
agency's space needs. These requirements will generally include 
information about location, square footage, construction requirements, 
and duration of the agency's space need. They may be identified in any 
format mutually agreeable to GSA and the agency.

[[Page 349]]

    Special space means space which has unusual architectural/
construction features, requires the installation of special equipment, 
or requires disproportionately high or low costs to construct, maintain 
and/or operate as compared to office or storage space. Special space 
generally refers to space which has construction features, finishes, 
services, utilities, or other additional costs beyond those specified in 
the customer general allowance (e.g., courtrooms, laboratories).
    Standard level of service. See Sec.  102-85.165 for the definition 
of standard level of service.
    Telecommunications means electronic processing of information, 
either voice or data or both, over a wide variety of media, (e.g., 
copper wire, microwave, fiber optics, radio frequencies), between 
individuals or offices within a building (e.g., local area networks), 
between buildings, and between cities.
    Tenant improvement (TI) means a finished component of an interior 
block of space. Tenant improvements represent additions to or 
alterations of the building shell that adapt the workspace to the 
specific uses of the customer. If made at initial occupancy, the TIs are 
known as initial space alterations or ISAs.
    Tenant improvement (TI) allowance means the dollar amount, including 
design, labor, materials, contractor costs (if contractors are used), 
management, and inspection, that GSA will spend to construct, alter, and 
finish space for customer occupancy (excluding personal property and 
furniture, which are customer agency responsibilities) at initial 
occupancy. The dollar amounts for the allowances are different for each 
agency and bureau to accommodate agencies' different mission needs. The 
dollar amounts also may vary by locations reflecting different costs in 
different markets. The PBS bill will only reflect the actual amount the 
customers spend, not the allowance. The amount of the TI allowance is 
determined by GSA. Agencies can request that GSA revise the TI allowance 
amount by project or categorically for an entire bureau. The cost of 
replacement of tenant improvements is borne by the customer agency.
    Unique space means space for which there is no commercial market 
comparable (e.g., border stations).
    Warehouse or warehouse space means space contained in a structure 
primarily intended for the housing of files, records, equipment, or 
other personal property, and is not primarily intended for housing 
personnel and office operations. Warehouse space generally is designed 
and constructed to lower specifications than office buildings, with 
features such as exposed ceilings, unfinished perimeter and few dividing 
partitions. Warehouse space also is usually heated to a lesser degree 
but not air-conditioned, and is cleaned to lesser standards than office 
space.
    Workspace means Federally controlled space in buildings and 
structures (permanent, semi-permanent, or temporary) that provides an 
acceptable environment for the performance of agency mission 
requirements by employees or by other persons occupying it.



Sec.  102-85.40  What are the major components of the pricing policy?

    The major components of the pricing policy are:
    (a) An OA between a customer agency and GSA;
    (b) Tenant improvement allowance; and
    (c) The establishment of Rent the agency pays to GSA based on the OA 
for:
    (1) Leased space, a pass-through to the customer agency of the 
underlying GSA lease contract costs, and a PBS fee; or
    (2) GSA-owned space, Rent determined by appraisal.



                      Subpart B_Occupancy Agreement



Sec.  102-85.45  When is an Occupancy Agreement required?

    An Occupancy Agreement (OA) is required for each customer agency's 
space assignment. The OA must be agreed to by GSA and the customer 
agency prior to GSA's commitment of funds for occupancy and formal 
assignment of space.

[[Page 350]]



Sec.  102-85.50  When does availability of funding have to be certified?

    The customer agency must sign an OA prior to GSA's making any major 
contractual commitments associated with the space request. Typically, 
this should occur at the earliest possible opportunity-i.e., when funds 
become available. However, in no event shall certification occur later 
than just prior to the award of the contract to a design architect in 
the case of Federal construction or renovation in Federally owned space 
or prior to the award of a lease. This serves as a customer agency's 
funding commitment unless certification is provided on another document.



Sec.  102-85.55  What are the terms and conditions included in an OA?

    The terms and conditions are modeled after commercial practice. They 
are intended to reflect a full mutual understanding of the financial 
terms and agreement of the parties. The OA describes the actual space 
and services to be provided and all associated actual costs to the 
customer during the term of occupancy. The OA does not include any 
general provisions or terms contained in this part. OAs typically 
describe the following, depending on whether the space is leased or 
Federally owned:
    (a) Assigned square footage;
    (b) Shell Rent and term of occupancy;
    (c) Amortized amount of customer allowance used;
    (d) Operating costs and escalations;
    (e) One time charges; e.g., lump sum payments by the customer;
    (f) Real estate tax and escalations;
    (g) Parking and escalations;
    (h) Additional/reduced services;
    (i) Security services and associated Rent;
    (j) Joint use space and associated Rent;
    (k) PBS fee;
    (l) Customer rights and provisions for occupancy after OA 
expiration;
    (m) Cancellation provisions if different from this part or the 
customer service guides;
    (n) Any special circumstances associated with the occupancy, such as 
environmental responsibilities, unusual use restrictions, or agreements 
with local authorities;
    (o) Emergency relocations;
    (p) Clauses specific to the agreement;
    (q) Other Rent, e.g., charges for antenna sites, land;
    (r) Agency standard clauses; and
    (s) General clauses defining the obligations of both parties.



Sec.  102-85.60  Who can execute an OA?

    Authorized GSA and customer agency officials who can commit or 
obligate the funds of their respective agencies can execute an OA. 
Higher level signatories may be appropriate from both agencies for space 
assignments in owned or leased space, that are unusual in size, 
location, duration, public interest, or other factors. Each agency 
decides its appropriate signatory level.



Sec.  102-85.65  How does an OA obligate the customer agency?

    An OA obligates the executing customer agency to fund the current-
year Rent obligation owed GSA, as well as to reimburse GSA for any other 
bona fide obligations that GSA may have incurred on behalf of the 
customer agency. Although the OA is an interagency agreement, 
memorializing the understanding of GSA and its customer agency, the OA 
may not be construed as obligating future year customer agency funds 
until they are legally available. A multi-year OA commitment assumes the 
customer agency will seek the necessary funding through budget and 
appropriations processes.



Sec.  102-85.70  Are the standard OA terms appropriate for non-cancelable 
space?

    Yes, most of the standard terms apply; however, the right to cancel 
upon a 4-month (120 day) notice is not available. See Sec.  102-85.35 
for the definition of non-cancelable space.



Sec.  102-85.75  When can space assignments be terminated?

    (a) Customer agencies can terminate any space assignments, except 
those designated as non-cancelable, with the following stipulations:

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    (1) The agency must give GSA written notice at least four months 
prior to termination.
    (2) The agency is responsible for reimbursing GSA for the unpaid 
balance of the cost of tenant improvements, generally prior to GSA 
releasing the agency from the space assignment. In the event the 
customer agency received a rent concession (e.g., free rent) at the 
inception of the assignment as part of the consideration for the entire 
lease term, then the amount of the concession applicable to the 
remaining term must be repaid to GSA.
    (3) If the space to be vacated is ready for occupancy by another 
customer and marketable, GSA accepts the termination of assignment.
    (4) If the agency has vacated all of the space and removed all 
personal property and equipment from the space by the cancellation date 
in the written notice, the agency will be released effective that date 
from further Rent payments.
    (5) An agency may terminate a GSA space assignment with less than a 
four-month advance written notice to GSA, if:
    (i) Either GSA or the terminating agency has identified another 
agency customer for the assigned space and that substitute agency wants 
and is able to fully assume the Rent payments due from the terminating 
agency; and
    (ii) The terminating agency continues to pay Rent until the new 
agency starts paying Rent.
    (b) GSA can terminate space assignments according to GSA regulations 
for emergency or forced moves.
    (c) OAs terminate automatically at expiration.



Sec.  102-85.80  Who is financially responsible for expenses resulting 
from tenant non-performance?

    The customer agencies are financially responsible for expenses 
incurred by the Government as a result of any failure on their part to 
fulfill a commitment outlined in an OA or other written agreements in 
advance of, or in addition to, the OA. Customer agencies are also 
financially responsible for revised design costs and any additional 
costs resulting from changes to space requirements or space layouts made 
by the agency after a lease, alteration, design, or construction 
contract has been awarded by GSA.



Sec.  102-85.85  What if a customer agency participates in a consolidation?

    If an agency agrees to participate in a consolidation upon 
expiration of an OA, the relocation expenses will be addressed in the 
new OA negotiated by GSA and the customer agency. The customer agency 
generally pays such costs.



                 Subpart C_Tenant Improvement Allowance



Sec.  102-85.90  What is a tenant improvement allowance?

    A tenant improvement (TI) allowance enables the customer agency to 
design, configure and build out space to support its program operations. 
It is based on local market construction costs and the specific bureau's 
historical use of space. (See also the definition at Sec.  102-85.35.)



Sec.  102-85.95  Who pays for the TI allowance?

    The customer agency pays for the amount of the tenant improvement 
allowance actually used.



Sec.  102-85.100  How does a customer agency pay for tenant improvements?

    To pay for the installation of tenant improvements, the customer 
agency may spend an amount not to exceed the tenant allowance. The 
amount spent by the customer agency for TIs is amortized over a period 
of time specified in the OA, not to exceed the useful life of the 
improvements. This amortization payment is in addition to the shell rent 
and services.



Sec.  102-85.105  How does an agency pay for customer alterations that
exceed the TI allowance?

    Amounts exceeding the TI allowance are paid in a one-time lump sum 
and are not amortized over the term of the occupancy. The agency 
certifies lump sum funds are available prior to GSA proceeding with the 
work.

[[Page 352]]



Sec.  102-85.110  Can the allowance amount be changed?

    The GSA schedule of allowances for new assignments is adjusted 
annually for design and construction cost changes. As the need arises, 
GSA may adjust an agency or bureau's TI allowance. GSA may also adjust a 
TI allowance for a specific project, if conditions warrant. This 
decision is solely GSA's. In addition, the customer agency may waive any 
part or all of its customization allowance in the case of a new space 
assignment. In the case of backfill space (also known as relet space), 
the customer agency can also waive any part or all of the tenant general 
allowance, if the customer agency will use the existing tenant 
improvements, with or without modifications.



                         Subpart D_Rent Charges



Sec.  102-85.115  How is the Rent determined?

    Unless an exemption is granted under the authority of the 
Administrator of General Services, the Rent charged approximates 
commercial charges for comparable space and space-related services as 
follows:
    (a) Generally, Rent for Federally owned space provided by GSA is 
based on market appraisals of fully serviced rental values for the 
predominant use to which space in a building is put; e.g., general use, 
warehouse use, and parking use. In cases where market appraisals are not 
practical; e.g., in cases involving unique space or when market 
comparables are not available, GSA may establish Rent on the basis of 
alternate commercial practices. See the discussion of alternate 
valuation methods in Sec.  102-85.125. Amortization of tenant 
improvements, parking fees, and security charges are calculated 
separately and added to the appraised shell Rent to establish the Rent 
charge. Customer agencies also pay for a pro rata share of joint use 
space.
    (b) Generally, Rent for space leased by GSA is based on the actual 
cost of the lease, including the costs (if any) of services not provided 
by the lessor, plus a GSA fee, and security charges and parking (if not 
in the lease).
    (1) The Rent is based on the terms and conditions of the OA, 
starting with the shell Rent.
    (2) In addition to the shell Rent, the Rent includes amortization of 
TI allowances used, real estate taxes, operating costs, extra services, 
parking, GSA fee for its services, and charges for security, joint-use, 
and other applicable rental charges (e.g., antenna site, land, 
wareyard).



Sec.  102-85.120  What is shell Rent?

    Shell Rent is that portion of GSA Rent charged for the building 
envelope and land. (See Sec.  102-85.35 for the definition of building 
shell.)



Sec.  102-85.125  What alternate methods may be used to establish 
Rent in Federally-owned space?

    Alternate methods of establishing Rent are based on private sector 
models. They include, but are not limited to:
    (a) Return on investment (ROI) approach or a similar cost recovery 
method used when market comparables are not available and/or GSA must 
``build to suit'' to fulfill customer agency requirements; e.g., border 
stations; and
    (b) Rent schedules for the right to use rooftops and other floor 
areas not suitable for workspace; e.g., antenna sites and signage.



Sec.  102-85.130  How are exemptions from Rent granted?

    Exemptions from Rent are rare. However, the Administrator of General 
Services may exempt any GSA customer from Rent after a determination 
that application of Rent would not be feasible or practical. Customer 
agency requests for exemptions must be addressed to the Administrator of 
General Services and submitted in accordance with GSA Order PBS 4210.1, 
``Rent Exemption Procedures,'' dated December 20, 1991, or in accordance 
with any superseding GSA order. A copy of the order may be obtained from 
the Office of Portfolio Management, General Services Administration, 
1800 F Street, NW., Washington, DC 20405.

[[Page 353]]



Sec.  102-85.135  What if space and services are provided by other
executive agencies?

    Any executive agency other than GSA providing space and services is 
authorized to charge the occupant for the space and services at rates 
approved by the Administrator of General Services and the Director of 
the Office of Management and Budget. If space and services are of the 
type provided by the Administrator of General Services, the executive 
agency providing the space and services must credit the monies derived 
from any fees or charges to the appropriation or fund initially charged 
for providing the space or services, as prescribed by Subsection 210(k) 
of the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 490(k)).



Sec.  102-85.140  How are changes in Rent reflected in OAs?

    (a) If Rent changes in ways that are identified in the OA, then no 
change to the OA is required. Typically, OAs state that certain 
components of Rent are subject to annual escalation; e.g., operating 
expenses, real estate taxes, parking charges, the basic security charge, 
and building-specific security operating and amortized capital expenses 
which do not entail a change in service level. Also, in Federally-owned 
space, OAs state that the shell rent is re-marked to market every five 
years. In leased space, the OA will identify any programmed changes in 
the lease contract rent (such as pre-set increases or steps in the 
contract rent rate) that will translate into a change in the customer 
agency's Rent. Changes in Rent specified in OAs will serve as notice to 
agencies of future Rent changes for budgeting purposes. For a discussion 
of budgeting for Rent, see Sec.  102-85.160.
    (b) Changes to Rent other than those identified in paragraph (a) of 
this section typically require an amended OA. There are many events that 
might occasion a change in Rent, and an amended OA, such as:
    (1) An agency expands or contracts at an existing location;
    (2) PBS agrees to fund additional tenant improvements that are then 
amortized over the remaining OA term, or over an extended OA term;
    (3) Upon physical re-measurement, the true square footage of the 
space assignment is found to be different from the square footage of 
record;
    (4) The amount of joint use space in the building changes;
    (5) The level of building-specific security services changes; or
    (6) PBS undertakes new capital expenditures for new or enhanced 
security countermeasures.



Sec.  102-85.145  When are customer agencies responsible for Rent charges?

    (a) When a customer agency occupies cancelable space, it is 
responsible for Rent charges until:
    (1) The date of release specified in the OA, or until the date space 
is actually vacated, whichever occurs later; or
    (2) Four months after having provided GSA written notice of release; 
or
    (3) The date space is actually vacated, whenever occupancy extends 
beyond the date agreed upon under either paragraph (a)(1) or (2) of this 
section.
    (b) When a customer agency releases non-cancelable space, it is 
responsible for all attributable Rent and other space charges until the 
OA expires. This responsibility is mitigated to the extent that GSA is 
able to assign the space to another user or dispose of it. (See Sec.  
102-85.65 How does an OA obligate the customer agency?)
    (c) When a customer agency commits to occupy space in an OA or other 
binding document, but never occupies that space, that agency is 
responsible for:
    (1) Non-cancelable space: Rent payments due for the space until the 
OA expires, unless GSA can mitigate; or
    (2) All other space: Either GSA's space charges for 4 months plus 
the cost of tenant improvements or GSA's actual costs, whichever is 
less.



Sec.  102-85.150  How will Rent charges be reflected on the customer
agency's Rent bill?

    Rent charges are billed monthly, in arrears, based on an annual rate 
which is divided by 12. Billing commences the first month in which the 
agency occupies the space for more than half of the month, and ends in 
the last month the agency occupies the space.

[[Page 354]]



Sec.  102-85.155  What does a customer agency do if it does not agree
with a Rent bill?

    (a) If a customer agency does not agree with the way GSA has 
determined its Rent obligation (e.g., the agency does not agree with 
GSA's space classification, appraised Rent, or the allocation of space), 
the agency may appeal its Rent bill to GSA.
    (b) GSA will not increase or otherwise change Rent for any 
assignment, except as agreed in an OA, in the case of errors, or when 
the OA is amended. However, customer agencies may at any time request a 
regional review of the measurement, classification, service levels 
provided, or charges assessed that pertain to the space assignment 
without resorting to formal procedures. Such requests do not constitute 
appeals and should be directed to the appropriate GSA Regional 
Administrator.
    (c) If a customer agency still wants to pursue a formal appeal of 
Rent charges, they may do so, but with the following limitations:
    (1) Terms, including rates, to which the parties agree in an OA are 
not appealable;
    (2) In leased space, the contract rent passed through from the 
underlying lease cannot be appealed;
    (3) In GSA-owned space, when the fully-serviced shell Rent is 
established through appraisal, the appraised rate must exceed comparable 
commercial square foot rates by 20 percent. When shell Rent in owned 
space is established on the basis of ROI at the inception of an OA, and 
the customer agency executes the OA, then the ROI rate cannot later be 
appealed. Other components of Rent that are established on the basis of 
actual cost--eg., amortization of TIs and building specific security 
charges--also cannot be appealed.
    (4) Additionally, the customer agency is required to compare its 
assigned space with other space in the surrounding community that:
    (i) Is available in similar size block of space in a comparable 
location;
    (ii) Is comparable in quality to the space provided by GSA;
    (iii) Provides similar service levels as part of the charges;
    (iv) Contains similar contractual terms, conditions, and escalations 
clauses; and
    (v) Represents a lease transaction completed at a similar point in 
time.
    (5) Data from at least three comparable locations will be necessary 
to demonstrate a market trend sufficient to warrant revising an 
appraised Rent charge.
    (d) A customer agency filing an appeal for a particular location or 
building must develop documentation supporting the appeal and file the 
appeal with the appropriate Regional Administrator. The GSA regional 
office will verify all pertinent information and documentation 
supporting the appeal. The GSA Regional Administrator will accept or 
deny the appeal and will notify the appealing agency of his or her 
ruling.
    (e) A further appeal may be filed by the customer agency's 
headquarters level officials with the Commissioner, Public Buildings 
Service, if equitable resolution has not been obtained from the initial 
appeal. A head of a customer agency may further appeal to the 
Administrator of the General Services. Documentation of the procedures 
followed for prior resolution must accompany an appeal to the 
Administrator. Decisions made by the Administrator are final.
    (f) Adjustments of Rent resulting from reviews and appeals will be 
effective in the month that the agency submitted a properly documented 
appeal. Adjustments in Rent made under this section remain in effect for 
the remainder of the 5-year period in which the charges cited in the OA 
were applicable.



Sec.  102-85.160  How does a customer agency know how much to budget
for Rent?

    GSA normally provides customer agencies an estimate of Rent 
increases approximately 2 months prior to the agencies' Office of 
Management and Budget (OMB) submission for the fiscal year in which GSA 
will charge Rent. This gives the affected customer agencies an 
opportunity to budget for an increase or decrease. However, GSA must 
obtain the concurrence of OMB for

[[Page 355]]

such changes prior to notifying customer agencies. In the event GSA is 
unable to provide timely notice of a future Rent increase, customer 
agencies are nonetheless obligated to pay the increased Rent amount. For 
existing assignments in owned buildings, GSA charges for fully serviced 
shell Rent, in aggregate, shall not exceed the bureau level budget 
estimates provided to the customer agencies annually. This provision 
does not apply to:
    (a) New assignments;
    (b) Changes in current assignments;
    (c) Leased space;
    (d) New tenant improvement amortization;
    (e) Building specific security costs; and
    (f) New amortization of capital expenditures under ROI pricing due 
to changes in scope of proposed projects or repair and/or replacement of 
building components



                  Subpart E_Standard Levels of Service



Sec.  102-85.165  What are standard levels of service?

    (a) The standard levels of service covered by GSA Rent are 
comparable to those furnished in commercial practice. They are based on 
the effort required to service the customer agency's space for a 5-day 
week (Monday to Friday), one-shift regular work schedule. GSA will 
provide adequate building startup services, before the beginning of the 
customer's regular one-shift work schedule, and shutdown services after 
the end of this schedule.
    (b) Without additional charge, GSA customers may use their assigned 
space and supporting automatic elevator systems, lights and small office 
and business machines including personal computers on an incidental 
basis, unless specified otherwise in the OA.



Sec.  102-85.170  Can flexitime and other alternative work schedules
cost the customer agency more?

    Yes, GSA customers who extend their regular work schedule by a 
system of flexible hours shall reimburse GSA for its approximate cost of 
the additional services required.



Sec.  102-85.175  Are the standard level services for cleaning, mechanical
operation, and maintenance identified in an OA?

    Unless specified otherwise in the OA, standard level services for 
cleaning, mechanical operation, and maintenance shall be provided in 
accordance with the GSA standard level of services as defined in Sec.  
102-85.165, and in the PBS Customer Guide to Real Property. A copy of 
the guide may be obtained from the General Services Administration, 
Office of Business Performance (PX), 1800 F Street, NW., Washington, DC 
20405.



Sec.  102-85.180  Can there be other standard services?

    GSA may provide additional services to its customers at the levels 
and times deemed by the Administrator of General Services to be 
necessary for efficient operations and proper servicing of space under 
the assignment responsibility of GSA.



Sec.  102-85.185  Can space be exempted from the standard levels of service

    Yes, customer agencies may be excused from paying for standard 
service levels for space assignments when:
    (a) In GSA-delegated space, the customer agency provides for these 
services itself and thus pays Rent minus charges for these services; or
    (b) In rare instances, standard service levels may be waived by the 
Administrator of General Services in instances where charging for such 
standard services would not be feasible or practical, e.g., in 
assignments of limited square footage or functional use.



Sec.  102-85.190  Can GSA Rent be adjusted when standard levels of service are performed by other customer agencies?

    Customer agencies that arrange and pay separately for the costs of 
standard level services normally covered by GSA Rent will receive a Rent 
credit or other type of reimbursement by GSA for the amount GSA would 
have charged for such services. The type of reimbursement is at GSA's 
discretion. The reimbursement is limited to the amount included for the 
services in GSA Rent. Approval to perform or contract for

[[Page 356]]

such services must be obtained in advance by the customer agency from 
the appropriate GSA regional office.



                       Subpart F_Special Services



Sec.  102-85.195  Does GSA provide special services?

    Yes, GSA provides special services on a cost-reimbursable basis:
    (a) In GSA-controlled space, GSA may provide for special services 
that cannot be separated from the building or space costs (inseparable 
services, such as utilities, which are not individually metered). GSA's 
estimate of the special service cost is the basis for the bill amount. 
The bill amount for separable special services is either based on a 
previously agreed upon fixed price or the actual cost, including a fee 
for GSA's services.
    (b) GSA can also provide special services to other Federal agencies 
in agency-controlled and operated space on a cost-reimbursable basis.



       Subpart G_Continued Occupancy, Relocation and Forced Moves



Sec.  102-85.200  Can customer agencies continue occupancy of space or must they relocate at the end of an OA?

    The answer is contingent upon whether the customer agency is in 
Federally owned or leased space.
    (a) Unless stated otherwise in the OA, a customer agency within a 
GSA controlled, Federally owned building has automatic occupancy rights 
at the end of the OA term for occupied space. However, a new OA must be 
negotiated.
    (b) In leased space, the OA generally reflects the provisions of the 
underlying lease and will specify whether or not renewal options are 
available. If the OA does not include a renewal option, customer 
agencies should assume relocation would be necessary upon OA expiration, 
and budget for it. Further, renewal options are not, in themselves, a 
guarantee of continued occupancy at that location. In some cases, the 
renewal rate is substantially above market or the option was not part of 
the initial price evaluation for the occupancy. In such cases, GSA may 
be required to run a competition for the replacement lease, and a 
relocation may ensue. Nonetheless, it is also possible that GSA may 
execute a succeeding lease with the incumbent lessor, in which case 
there is no move.
    (c) GSA and customer agencies should initiate discussions at least 
18-20 months in advance of OA expiration to address an action for the 
replacement or continued occupancy of the existing space assignment. 
This allows both agencies time to budget for the work and the cost.



Sec.  102-85.205  What happens if a customer agency continues occupancy after the expiration of an OA?

    A mutual goal of GSA and its customers is to have current OAs in 
place for all space assignments. However, provisions are necessary to 
cover the GSA and customer relationship if an OA expires prior to 
execution of a mutually desired succeeding agreement. Because the risks, 
liabilities, and consequences of a customer's continued occupancy depend 
on whether the assigned space is leased or Federally owned, different 
provisions in the following table apply:

   Holdover Tenancy--Customer Agency Responsibilities in the Event of
                     Tenant Delay in Vacating Space
------------------------------------------------------------------------
              In leased space                 In federally owned space
------------------------------------------------------------------------
To pay those costs associated with lease    To pay Rent as determined by
 contract, GSA fee, and damages/claims,      GSA's pricing policy, as
 arising from changes in GSA contract        described in this part, and
 costs which are caused by the tenant's      those added costs to GSA
 delay.                                      (claims, damages, changes,
                                             etc.) resulting from the
                                             tenant-caused delay.
------------------------------------------------------------------------



Sec.  102-85.210  What if a customer agency has to relocate?

    If the agency or GSA determines relocation is necessary at the 
expiration of an OA for either Federally owned or leased space, the 
customer agency is responsible for all costs associated with relocation 
at that time.



Sec.  102-85.215  What if another customer agency forces a GSA customer to move?

    If a GSA customer agency, or GSA, forces the relocation of another 
GSA

[[Page 357]]

customer agency prior to the expiration of the customer's OA, the 
``forcing'' agency is responsible:
    (a) For all reasonable costs associated with the relocation of the 
agency being ``forced'' to move, including architectural-engineering 
design, move coordination and physical relocation, telecommunications 
and ADP equipment relocation and installation;
    (b) To GSA for all of the relocated agency's unpaid tenant 
improvements, if any; and
    (c) To the customer agency for the undepreciated amount of any lump 
sum payment that was already made by the agency for alterations.



Sec.  102-85.220  Can a customer agency forced to relocate waive the reimbursements?

    Yes, a customer agency forced to relocate can waive some or all of 
the reimbursements from the forcing agency that are prescribed in Sec.  
102-85.215. However, a relocated customer agency cannot waive the 
requirement for the forcing customer agency to reimburse GSA for unpaid 
tenant improvements. If GSA is the ``forcing'' agency, it is responsible 
for the same costs as any other forcing customer agency.



Sec.  102-85.225  What are the funding responsibilities for relocations resulting from emergencies?

    (a) In emergencies, swift remedies, including the possible 
relocation of a customer agency to alternate space, are required. The 
remedies may include requests for funding authorizations from OMB and 
Congress. GSA may serve as the central coordinator of such remedies.
    (b) Funding responsibility will vary by situation. If a customer 
agency is only temporarily displaced from its space, GSA typically 
covers the cost of temporary set-up in a provisional location. If the 
agency is obliged to relocate permanently, an OA will be prepared which 
will address all terms of the occupancy. In such cases, new tenant 
improvements will be constructed which can be amortized over the life of 
a new occupancy term, and a new Rent rate will be developed.

                     PARTS 102	86_102	115 [RESERVED]

[[Page 358]]



                       SUBCHAPTER D_TRANSPORTATION



                     PART 102	116_GENERAL [RESERVED]



PART 102	117_TRANSPORTATION MANAGEMENT--Table of Contents



                            Subpart A_General

Sec.
102-117.5 What is transportation management?
102-117.10 What is the scope of this part?
102-117.15 To whom does this part apply?
102-117.20 Are any agencies exempt from this part?
102-117.25 What definitions apply to this part?

         Subpart B_Acquiring Transportation or Related Services

102-117.30 What choices do I have when acquiring transportation or 
          related services?
102-117.35 What are the advantages and disadvantages to using GSA's 
          tender of service?
102-117.40 When is it advantageous for me to use another agency's 
          contract or rate tender for transportation services?
102-117.45 What other factors must I consider when using another 
          agency's contract or rate tender?
102-117.50 What are the advantages and disadvantages of contracting 
          directly with a TSP under FAR?
102-117.55 What are the advantages and disadvantages of using a rate 
          tender?
102-117.60 What is the importance of the terms and conditions in a rate 
          tender or other transportation document?
102-117.65 What terms and conditions must all rate tenders or contracts 
          include?
102-117.70 Where do I find more information on terms and conditions?
102-117.75 How do I reference the rate tender on transportation 
          documents?
102-117.80 How are rate tenders filed?
102-117.85 What is the difference between a Government bill of lading 
          (GBL) and a bill of lading?
102-117.90 May I use a U.S. Government bill of lading (GBL) to acquire 
          freight, household goods or other related transportation 
          services?
102-117.95 What transportation documents must I use to acquire freight, 
          household goods or other related transportation services?

    Subpart C_Business Rules To Consider Before Shipping Freight or 
                             Household Goods

102-117.100 What business rules must I consider before acquiring 
          transportation or related services?
102-117.105 What does best value mean when routing a shipment?
102-117.110 What is satisfactory service?
102-117.115 How do I calculate total delivery costs?
102-117.120 To what extent must I equally distribute orders for 
          transportation and related services among TSPs?
102-117.125 How detailed must I describe property for shipment when 
          communicating to a TSP?
102-117.130 Must I select TSPs who use alternative fuels?

   Subpart D_Restrictions That Affect International Transportation of 
                       Freight and Household Goods

102-117.135 What are the international transportation restrictions?
102-117.140 What is cargo preference?
102-117.145 What are coastwise laws?
102-117.150 What do I need to know about coastwise laws?
102-117.155 Where do I go for further information about coastwise laws?

                       Subpart E_Shipping Freight

102-117.160 What is freight?
102-117.165 What shipping process must I use for freight?
102-117.170 What reference materials are available to ship freight?
102-117.175 What factors do I consider to determine the mode of 
          transportation?
102-117.180 What transportation documents must I use to ship freight?
102-117.185 Where must I send a copy of the transportation documents?
102-117.190 Where do I file a claim for loss or damage to property?
102-117.195 Are there time limits affecting filing of a claim?

             Subpart F_Shipping Hazardous Material (HAZMAT)

102-117.200 What is HAZMAT?
102-117.205 What are the restrictions for transporting HAZMAT?
102-117.210 Where can I get guidance on transporting HAZMAT?

[[Page 359]]

                   Subpart G_Shipping Household Goods

102-117.215 What are household goods (HHG)?
102-117.220 What choices do I have to ship HHG?
102-117.225 What is the difference between a contract or rate tender and 
          a commuted rate system?
102-117.230 Must I compare costs between a contract or rate tender and 
          the commuted rate system before choosing which method to use?
102-117.235 How do I get a cost comparison?
102-117.240 What is my agency's financial responsibility to an employee 
          who chooses to move all or part of his/her HHG under the 
          commuted rate system?
102-117.245 What is my responsibility in providing guidance to an 
          employee who wishes to use the commuted rate system?
102-117.250 What are my responsibilities after shipping the household 
          goods?
102-117.255 What actions may I take if the TSP's performance is not 
          satisfactory?
102-117.260 What are my responsibilities to employees regarding the 
          TSP's liability for loss or damage claims?
102-117.265 Are there time limits that affect filing a claim with a TSP 
          for loss or damage?

                     Subpart H_Performance Measures

102-117.270 What are agency performance measures for transportation?

       Subpart I_Transportation Service Provider (TSP) Performance

102-117.275 What performance must I expect from a TSP?
102-117.280 What aspects of the TSP's performance are important to 
          measure?
102-117.285 What are my choices if a TSP's performance is not 
          satisfactory?
102-117.290 What is the difference between temporary nonuse, suspension 
          and debarment?
102-117.295 Who makes the decisions on temporary nonuse, suspension and 
          debarment?
102-117.300 Do the decisions on temporary nonuse, suspension and 
          debarment go beyond the agency?
102-117.305 Where do I go for information on the process for suspending 
          or debarring a TSP?
102-117.310 What records must I keep on temporary nonuse, suspension or 
          debarment of a TSP?
102-117.315 Who must I notify on suspension or debarment of a TSP?

       Subpart J_Representation Before Regulatory Body Proceedings

102-117.320 What is a transportation regulatory body proceeding?
102-117.325 May my agency appear on its own behalf before a 
          transportation regulatory body proceeding?
102-117.330 When, or under what circumstances, would GSA delegate 
          authority to an agency to appear on its own behalf before a 
          transportation regulatory body proceeding?
102-117.335 How does my agency ask for a delegation of authority to 
          represent itself in a regulatory body proceeding?
102-117.340 What other types of assistance may GSA provide agencies in 
          dealing with regulatory bodies?

                   Subpart K_Transportation Reporting

102-117.345 [Reserved]
102-117.350 Do I have to report transportation data?
102-117.355 Why should I report?
102-117.356 What information should I report?
102-117.360 [Reserved]

             Subpart L_Government-wide Transportation Policy

102-117.361 What is the Government-wide Transportation Policy Council 
          (GTPC)?
102-117.362 Where can I get more information about the GTPC?

   Subpart M_Recommendations for Authorization and Qualifications to 
               Acquire Transportation Using a Rate Tender

102-117.365 What are the responsibilities of a Transportation Officer?
102-117.370 Should I have a Transportation Officer warrant to acquire 
          transportation services using a rate tender?
102-117.375 Are there instances where a Transportation Officer warrant 
          is not necessary to acquire transportation services?
102-117.380 What should be contained in a Transportation Officer warrant 
          to acquire transportation services?
102-117.385 Is there a standard format for a Transportation Officer 
          warrant?
102-117.390 What are the recommended Transportation Officer training 
          and/or experience levels?
102-117.395 Should I continue my training to maintain my warrant?
102-117.400 How should my warrant be documented?

    Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et seq.; 
46 U.S.C. 55305; 49 U.S.C. 40118.

[[Page 360]]


    Source: 65 FR 60061, Oct. 6, 2000, unless otherwise noted.



                            Subpart A_General



Sec.  102-117.5  What is transportation management?

    Transportation management is agency oversight of the physical 
movement of commodities, household goods (HHG) and other freight from 
one location to another by a transportation service provider (TSP).



Sec.  102-117.10  What is the scope of this part?

    This part addresses shipping freight and household goods worldwide. 
Freight is property or goods transported as cargo. Household goods are 
not Government property, but are employees' personal property entrusted 
to the Government for shipment.



Sec.  102-117.15  To whom does this part apply?

    This part applies to all agencies and wholly-owned Government 
corporations as defined in 5 U.S.C. 101, et seq. and 31 U.S.C. 9101(3), 
except as otherwise expressly provided.

[79 FR 33476, June 11, 2014]



Sec.  102-117.20  Are any agencies exempt from this part?

    (a) The Department of Defense is exempted from this part by an 
agreement under the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 501 et seq.), except for the rules to debar 
or suspend a TSP under the Federal Acquisition Regulation (48 CFR part 
9, subpart 9.4).
    (b) Subpart D of this part, covering household goods, does not apply 
to the uniformed service members, under Title 37 of the United States 
Code, ``Pay and Allowances of the Uniformed Services,'' including the 
uniformed service members serving in civilian agencies such as the U.S. 
Coast Guard, National Oceanic and Atmospheric Administration and the 
Public Health Service.

[65 FR 60061, Oct. 6, 2000, as amended at 87 FR 32322, May 31, 2022]



Sec.  102-117.25  What definitions apply to this part?

    The following definitions apply to this part:
    Accessorial charges means charges that are applied to the base 
tariff rate or base contract of carriage rate. Examples of accessorial 
charges are:
    (1) Bunkers, destination/delivery, container surcharges, and 
currency exchange for international shipments.
    (2) Inside delivery, redelivery, re-consignment, and demurrage or 
detention for freight.
    (3) Packing, unpacking, appliance servicing, blocking and bracing, 
and special handling for household goods.
    Agency means a department, agency, and independent establishment in 
the executive branch of the Government as defined in 5 U.S.C. 101 et 
seq., and a wholly-owned Government corporation as defined in 31 U.S.C. 
9101(3).
    Bill of lading (BOL), sometimes referred to as a commercial bill of 
lading, but includes a Government bill of lading (GBL), means the 
document used as a receipt of goods, a contract of carriage, and 
documentary evidence of title.
    Cargo preference is the legal requirement for all, or a portion of 
all, ocean-borne cargo to be transported on U.S. flag vessels.
    Commuted rate system is the system under which an agency may allow 
its employees to make their own household goods shipping arrangements, 
and apply for reimbursement.
    Consignee is the person or agent to whom freight or household goods 
are delivered.
    Consignor, also referred to as the shipper, is the person or firm 
that ships freight or household goods to a consignee.
    Contract of carriage is a contract between the TSP and the agency to 
transport freight or household goods.
    Debarment is an action to exclude a TSP, for a period of time, from 
providing services under a rate tender or any contract under the Federal 
Acquisition Regulation (48 CFR part 9, subpart 9.406).
    Declared value means the actual value of cargo as declared by the 
agency for reimbursement purposes or to establish duties, taxes, or 
other customs fees.

[[Page 361]]

The declared value is the maximum amount that could be recovered by the 
agency in the event of loss or damage for the shipments of freight and 
household goods, unless the declared value exceeds the carrier's 
released value (see ``Released value''). The statement of declared value 
must be shown on any applicable tariff, tender, contract, bill of 
lading, or other document covering the shipment.
    Demurrage is the penalty charge to an agency for delaying the agreed 
time to load or unload shipments by rail or ocean TSPs.
    Detention is the penalty charge to an agency for delaying the agreed 
time to load or unload shipments by truck TSPs. It is also a penalty 
charge in some ocean shipping contracts of carriage that take effect 
after the demurrage time ends.
    Electronic commerce is an electronic technique for carrying out 
business transactions (ordering and paying for goods and services), 
including electronic mail or messaging, Internet technology, electronic 
bulletin boards, charge cards, electronic funds transfers, and 
electronic data interchange.
    Foreign flag vessel is any vessel of foreign registry including 
vessels owned by U.S. citizens but registered in a foreign country.
    Freight is property or goods transported as cargo.
    Government bill of lading (GBL) means the transportation document 
used as a receipt of goods, evidence of title, and a contract of 
carriage for Government international shipments (see Bill of Lading 
(BOL) definition).
    Government-wide Transportation Policy Council (GTPC) is an 
interagency forum to help GSA formulate policy. It provides agencies 
managing transportation programs a forum to exchange information and 
ideas to solve common problems. For further information on this council, 
see website: https://gsa.gov/transportationpolicy.
    Hazardous material (HAZMAT) is a substance or material the Secretary 
of Transportation determines to be an unreasonable risk to health, 
safety, and property when transported in commerce, and labels as 
hazardous under section 5103 of the Federal Hazardous Materials 
Transportation Law (49 U.S.C. 5103 et seq.). When transported 
internationally hazardous material may be classified as ``Dangerous 
Goods.'' All such freight must be marked in accordance with applicable 
regulations and the carrier must be notified in advance.
    Household goods (HHG) are the personal effects of Government 
employees and their dependents.
    Line-Haul is the movement of freight between cities excluding pickup 
and delivery service.
    Mode is a method of transportation, such as rail, motor, air, water, 
or pipeline.
    Rate schedule is a list of freight rates, taxes, and charges 
assessed against non-household goods cargo.
    Rate tender is an offer a TSP sends to an agency, containing service 
rates and charges.
    Receipt is a written or electronic acknowledgment by the consignee 
or TSP as to when and where a shipment was received.
    Released value means an assigned value of the cargo for 
reimbursement purposes that is not necessarily the actual value of the 
cargo. Released value may be more or less than the actual value of the 
cargo; however, in the event of loss or damage to the shipment, if the 
released value exceeds the actual value, reimbursement would be the 
lesser of the two values. When the released value is agreed upon as the 
basis of reimbursement and the actual value exceeds the released value, 
the released value is the maximum amount that could be recovered by the 
agency in the event of loss or damage to the shipments of freight or 
household goods. When negotiating for rates and the released value is 
proposed to be less than the actual value of the cargo, the TSP should 
offer a rate lower than other rates for shipping cargo at full value. 
The statement of released value may be shown in any applicable tariff, 
tender, contract, transportation document or other documents covering 
the shipment.
    Reparation is a payment to or from an agency to correct an improper 
transportation billing involving a TSP. Improper routing, overcharges or 
duplicate payments may cause such improper billing. This is different 
from a

[[Page 362]]

payment to settle a claim for loss and damage.
    Suspension is an action taken by an agency to disqualify a TSP from 
receiving orders for certain services under a contract or rate tender 
(48 CFR part 9, subpart 9.407).
    Third Party Logistics (3PL) is an entity that provides multiple 
logistics services for use by customers. Among the transportation 
services that 3PLs generally provide are integration transportation, 
warehousing, cross-docking, inventory management, packaging, and freight 
forwarding.
    Transportation document (TD) means any executed document for 
transportation service, such as a bill of lading, a tariff, a tender, a 
contract, a Government Transportation Request (GTR), invoices, paid 
invoices, any transportation bills, or other equivalent documents, 
including electronic documents.
    Transportation Officer (TO) is a person authorized, in accordance 
with this part, to select transportation service providers using rate 
tenders. Duties may include, but are not limited to, selecting Third 
Party Logistics (3PL) or Transportation Service Providers (TSP), and 
issuing bills of lading.
    Transportation Officer Warrant is an agency-issued document that 
authorizes a Transportation Officer (TO) to procure transportation 
services using rate tenders, which may include, but are not limited to, 
selecting Third Party Logistics (3PL) or Transportation Service 
Providers (TSP), issuing bills of lading, and otherwise performing the 
duties of a TO.
    Transportation service provider (TSP) means any party, person, 
agent, or carrier that provides freight, household goods, or passenger 
transportation or related services to an agency.
    U.S. flag air carrier is an air carrier holding a certificate issued 
by the United States under 49 U.S.C. 41102 (49 U.S.C. 40118, 48 CFR part 
47, subpart 47.4).
    U.S. flag vessel is a commercial vessel, registered and operated 
under the laws of the U.S., owned and operated by U.S. citizens, and 
used in commercial trade of the United States.

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000, as amended at 75 
FR 51393, Aug. 20, 2010; 79 FR 55365, Sept. 16, 2014; 81 FR 65298, Sept. 
22, 2016; 87 FR 32322, May 31, 2022]



         Subpart B_Acquiring Transportation or Related Services



Sec.  102-117.30  What choices do I have when acquiring transportation
or related services?

    When you acquire transportation or related services you may:
    (a) Use the GSA tender of service;
    (b) Use another agency's contract or rate tender with a TSP only if 
allowed by the terms of that agreement or if the Administrator of 
General Services delegates authority to another agency to enter an 
agreement available to other Executive agencies;
    (c) Contract directly with a TSP using the acquisition procedures 
under the Federal Acquisition Regulation (FAR) (48 CFR chapter 1); or
    (d) Negotiate a rate tender under a Federal transportation 
procurement statute, 49 U.S.C. 10721 or 13712.



Sec.  102-117.35  What are the advantages and disadvantages of using
GSA's tender of service?

    (a) It is an advantage to use GSA's tender of service when you want 
to:
    (1) Use GSA's authority to negotiate on behalf of the Federal 
Government and take advantage of the lower rates and optimum service 
that result from a larger volume of business;
    (2) Use a uniform tender of service;
    (3) Obtain assistance with loss and damage claims; and
    (4) Use GSA's Transportation management and operations expertise.
    (b) It is a disadvantage to use GSA's tender of service when:
    (1) You want an agreement that is binding for a longer term than the 
GSA tender of service;
    (2) You have sufficient time to follow FAR contracting procedures 
and are in position to make volume or shipment commitments under a FAR 
contract; and

[[Page 363]]

    (3) Rates are not cost effective, as determined by the agency.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51393, Aug. 20, 2010; 87 
FR 32322, May 31, 2022]



Sec.  102-117.40  When is it advantageous for me to use another
agency's contract or rate tender for transportation services?

    It is advantageous to use another agency's contract or rate tender 
for transportation services when the contract or rate tender offers 
better or equal value than otherwise available to you.



Sec.  102-117.45  What other factors must I consider when using 
another agency's contract or rate tender?

    When using another agency's contract or rate tender, you must:
    (a) Assure that the contract or rate tender meets any special 
requirements unique to your agency;
    (b) Pay any other charges imposed by the other agency for external 
use of their contract or rate tender;
    (c) Ensure the terms of the other agency's contract or rate tender 
allow you to use it; and
    (d) Ensure that the agency offering this service has the authority 
or a delegation of authority from GSA to offer such services to your 
agency.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51393, Aug. 20, 2010]



Sec.  102-117.50  What are the advantages and disadvantages of
contracting directly with a TSP under the FAR?

    (a) The FAR is an advantage to use when:
    (1) You ship consistent volumes in consistent traffic lanes;
    (2) You have sufficient time to follow FAR contracting procedures; 
and
    (3) Your contract office is able to handle the requirement.
    (b) The FAR may be a disadvantage when you:
    (1) Cannot prepare and execute a FAR contract within your time 
frame;
    (2) Have recurring shipments between designated places, but do not 
expect sufficient volume to obtain favorable rates; or
    (3) Do not have the manpower to monitor quality control and 
administer a contract.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51393, Aug. 20, 2010]



Sec.  102-117.55  What are the advantages and disadvantages of using 
a rate tender?

    (a) Using a rate tender is an advantage when you:
    (1) Have a shipment that must be made within too short a time frame 
to identify or solicit for a suitable contract;
    (2) Have shipments recurring between designated places, but do not 
expect sufficient volume to obtain favorable rates; or
    (3) Are not in a position to make a definite volume and shipment 
commitment under a FAR contract.
    (b) Using a rate tender may be a disadvantage when:
    (1) You have sufficient time to use the FAR and this would achieve 
better results;
    (2) You require transportation service for which no rate tender 
currently exists; or
    (3) A TSP may revoke or terminate the tender on short notice.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51393, Aug. 20, 2010]



Sec.  102-117.60  What is the importance of terms and conditions in a
rate tender or other transportation document?

    Terms and conditions are important to protect the Government's 
interest and establish the performance and standards expected of the 
TSP. It is important to remember that terms and conditions are:
    (a) Negotiated between the agency and the TSP before movement of any 
item; and
    (b) Included in all contracts and rate tenders listing the services 
the TSP is offering to perform at the cost presented in the rate tender 
or other transportation document.

    Note to Sec.  102-117.60: You must reference the negotiated contract 
or rate tender on all transportation documents. For further information 
see Sec.  102-117.65.

[[Page 364]]



Sec.  102-117.65  What terms and conditions must all rate tenders or
contracts include?

    All rate tenders and contracts must include, at a minimum, the 
following terms and conditions:
    (a) Charges cannot be prepaid.
    (b) Charges are not paid at time of delivery.
    (c) Interest shall accrue from the voucher payment date on 
overcharges made and shall be paid at the same rate in effect on that 
date as published by the Secretary of the Treasury according to the Debt 
Collection Act of 1982, 31 U.S.C. 3717.
    (d) To qualify for the rates specified in a rate tender filed under 
the provisions of the Federal transportation procurement statutes (49 
U.S.C. 10721 or 13712), property must be shipped by or for the 
Government and the rate tender must indicate the Government is either 
the consignor or the consignee and include the following statement:

    Transportation is for the (agency name) and the total charges paid 
to the transportation service provider by the consignor or consignee are 
for the benefit of the Government.

    (e) When using a rate tender for transportation under a cost-
reimbursable contract, include the following statement in the rate 
tender:

    Transportation is for the (agency name), and the actual total 
transportation charges paid to the transportation service provider by 
the consignor or consignee are to be reimbursed by the Government 
pursuant to cost reimbursable contract (number). This may be confirmed 
by contacting the agency representative at (name, address and telephone 
number).

    (f) Other terms and conditions that may be specific to your agency 
or the TSP such as specialized packaging requirements or HAZMAT. For 
further information see the ``U.S. Government Freight Transportation 
Handbook,'' available at https://gsa.gov/transaudits.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51393, Aug. 20, 2010; 87 
FR 32322, May 31, 2022]



Sec.  102-117.70  Where do I find more information on terms and conditions?

    You may find more information about terms and conditions in part 
102-118 of this chapter, or the ``U.S. Government Freight Transportation 
Handbook'' (see Sec.  102-117.65(f)).



Sec.  102-117.75  How do I reference the rate tender on transportation
documents?

    To ensure proper reference of a rate tender on all shipments, you 
must show the applicable rate tender number and carrier identification 
on all transportation documents, such as, section 13712 quotation, ``ABC 
Transportation Company, Tender Number * * *''.



Sec.  102-117.80  How are rate tenders filed?

    (a) The TSP must file an electronic rate tender with your agency. 
Details of what must be included when submitting electronic tenders is 
located in Sec.  102-118.260(b) of this subchapter.
    (b) You must send two copies of the rate tender to: General Services 
Administration, Office of Travel, Employee Relocation and 
Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 
3rd Floor, Mail Hub 3400, Washington, DC 20405, or email:
    (1) [email protected] subject line SDDC OTO Tenders (DoD only); or
    (2) [email protected] subject line GSA Rate Quotes, Tenders/Rate 
Quotes/Tariffs (all agencies except DoD).

[69 FR 57618, Sept. 24, 2004, as amended at 87 FR 32322, May 31, 2022]



Sec.  102-117.85  What is the difference between a Government bill of
lading (GBL) and a bill of lading?

    (a) A Government bill of lading (GBL), Standard Form 1103, is a 
document that conveys specific terms and conditions to protect the 
Government interest and serves as the contract of carriage.
    (b) A GBL is used only for international shipments.
    (c) A bill of lading, sometimes referred to as a commercial bill of 
lading, establishes the terms of contract between a shipper and TSP. It 
serves as a receipt of goods, a contract of carriage, and documentary 
evidence of title.
    (d) Use a bill of lading for Government shipments if the specific 
terms and conditions of a GBL are included in any contract or rate 
tender (see Sec.  102-

[[Page 365]]

117.65) and the bill of lading makes reference to that contract or rate 
tender (see Sec.  102-117.75 and the ``U.S. Government Freight 
Transportation Handbook'').

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51393, Aug. 20, 2010; 87 
FR 32322, May 31, 2022]



Sec.  102-117.90  May I use a U.S. Government bill of lading (GBL)
to acquire freight, household goods or other related transportation
services?

    You may use the Government bill of lading (GBL) only for 
international shipments (including domestic offshore shipments).

[75 FR 31393, Aug. 20, 2010]



Sec.  102-117.95  What transportation documents must I use to acquire
freight, household goods or other related transportation services?

    (a) Bills of lading and purchase orders are the transportation 
documents you use to acquire freight, household goods shipments, and 
other transportation services. Terms and conditions in Sec.  102-117.65 
and the ``U.S. Government Freight Transportation Handbook'' are still 
required. For further information on payment methods, see part 102-118 
of this chapter (41 CFR part 102-118).
    (b) Government bills of lading (GBLs) are optional transportation 
documents for international shipments (including domestic offshore 
shipments).

[75 FR 31394, Aug. 20, 2010]



    Subpart C_Business Rules To Consider Before Shipping Freight or 
                             Household Goods



Sec.  102-117.100  What business rules must I consider before acquiring
transportation or related services?

    When acquiring transportation or related services you must:
    (a) Use the mode or individual transportation service provider (TSP) 
that provides the overall best value to the agency. For more 
information, see Sec. Sec.  102-117.105 through 102-117.130;
    (b) Demonstrate no preferential treatment to any TSP when arranging 
for transportation services except on international shipments. 
Preference on international shipments must be given to United States 
registered commercial vessels and aircraft;
    (c) Ensure that small businesses receive equal opportunity to 
compete for all business they can perform to the maximum extent 
possible, consistent with the agency's interest (see 48 CFR part 19);
    (d) Encourage minority-owned businesses and women-owned businesses, 
to compete for all business they can perform to the maximum extent 
possible, consistent with the agency's interest (see 48 CFR part 19);
    (e) Review the need for insurance. Generally, the Government is 
self-insured; however, there are instances when the Government will 
purchase insurance coverage for Government property. An example may be 
cargo insurance for international air cargo shipments to cover losses 
over those allowed under the International Air Transport Association 
(IATA) or for ocean freight shipments; and
    (f) Consider the added requirements on international transportation 
found in subpart D of this part.



Sec.  102-117.105  What does best value mean when routing a shipment?

    Best value to your agency when routing a shipment means using the 
mode or individual TSP that provides satisfactory service with the best 
combination of service factors and price that meets the agency's 
requirements. A lower price may not be the best value if the service 
offered fails to meet the requirements of the shipment.

[75 FR 51394, Aug. 20, 2010]



Sec.  102-117.110  What is satisfactory service?

    You should consider the following factors in assessing whether a TSP 
offers satisfactory service:
    (a) Availability and suitability of the TSP's equipment;
    (b) Adequacy of shipping and receiving facilities at origin and 
destination;
    (c) Adequacy of pickup and/or delivery service;
    (d) Availability of accessorial and special services;
    (e) Estimated time in transit;
    (f) Record of past performance of the TSP, including accuracy of 
billing and

[[Page 366]]

past performance record with Government agencies;
    (g) Capability of warehouse equipment and storage space;
    (h) Experience of company, management, and personnel to perform the 
requirements;
    (i) The TSP's safety record; and
    (j) The TSP's loss and damage record, including claims resolution.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010]



Sec.  102-117.115  How do I calculate total delivery costs?

    You calculate total delivery costs for a shipment by considering all 
costs related to the shipping or receiving process, such as packing, 
blocking, bracing, drayage, loading and unloading, and transporting. 
Surcharges such as fuel, currency exchange, war risk insurance, and 
other surcharges should also be factored into the costs.

[75 FR 51394, Aug. 20, 2010]



Sec.  102-117.120  To what extent must I equally distribute orders 
for transportation and related services among TSPs?

    You must assure that small businesses, socially or economically 
disadvantaged and women-owned TSPs have equal opportunity to provide the 
transportation or related services.



Sec.  102-117.125  How detailed must I describe property for shipment
when communicating to a TSP?

    You must describe property in enough detail for the TSP to determine 
the type of equipment or any special precautions necessary to move the 
shipment. Details might include weight, volume, measurements, routing, 
hazardous cargo, or special handling designations.



Sec.  102-117.130  Must I select TSPs who use alternative fuels?

    No, but, whenever possible, you are encouraged to select TSPs that 
use alternative fuel vehicles and equipment, under policy in the Clean 
Air Act Amendments of 1990 (42 U.S.C. 7612) or the Energy Policy Act of 
1992 (42 U.S.C. 13212).



   Subpart D_Restrictions That Affect International Transportation of 
                       Freight and Household Goods



Sec.  102-117.135  What are the international transportation restrictions?

    Several statutes mandate the use of U.S. flag carriers for 
international shipments, such as 49 U.S.C. 40118, commonly referred to 
as the ``Fly America Act'', and 46 U.S.C. 55305, the Cargo Preference 
Act of 1954, as amended. The principal restrictions are as follows:
    (a) Air cargo: The use of foreign-flag air carriers when funded by 
the U.S. Government should be rare. International movement of cargo by 
air is subject to the Fly America Act, 49 U.S.C. 40118, which requires 
the use of U.S. flag air carrier service for all air cargo movements 
funded by the U.S. Government, including cargo shipped by contractors, 
grantees, and others at Government expense, except when one of the 
following exceptions applies:
    (1) The transportation is provided under a bilateral or multilateral 
air transportation agreement to which the U.S. Government and the 
government of a foreign country are parties, and which the Department of 
Transportation has determined meets the requirements of the Fly America 
Act.
    (i) Information on bilateral or multilateral air transport 
agreements impacting U.S. Government procured transportation can be 
accessed at https://www.state.gov/civil-air- transport-agreements and
    (ii) If determined appropriate, GSA may periodically issue FMR 
Bulletins providing further guidance on bilateral or multilateral air 
transportation agreements impacting U.S. Government procured 
transportation. These bulletins may be accessed at http://www.gsa.gov/
bulletins;
    (2) When the costs of transportation are reimbursed in full by a 
third party, such as a foreign government, an international agency, or 
other organization; or
    (3) Use of a foreign air carrier is determined to be a matter of 
necessity by your agency, on a case-by-case basis, when:

[[Page 367]]

    (i) No U.S. flag air carrier can provide the specific air 
transportation needed;
    (ii) No U.S. flag air carrier can meet the time requirements in 
cases of emergency;
    (iii) There is a lack of or inadequate U.S. flag air carrier 
aircraft;
    (iv) There is an unreasonable risk to safety when using a U.S. flag 
carrier aircraft (e.g., terrorist threats). Written approval of the use 
of foreign air carrier service based on an unreasonable risk to safety 
must be approved by your agency on a case-by-case basis and must be 
supported by a travel advisory notice issued by the Federal Aviation 
Administration, Department of State, or the Transportation Security 
Administration; or
    (v) No U.S. flag air carrier can accomplish the agency's mission.
    (b) Ocean cargo. International movement of property by water is 
subject to the Cargo Preference Act of 1954, as amended, 46 U.S.C. 
55305, and the implementing regulations found at 46 CFR part 381, which 
require the use of a U.S. flag carrier for at least 50% of the tonnage 
shipped by each department or agency when service is available (see 46 
CFR 381.7). The Maritime Administration (MARAD) monitors agency 
compliance with these laws. All departments or agencies shipping 
Government-impelled cargo must comply with the reporting provisions of 
46 CFR 381.3. For further information contact MARAD, Tel: 202-366-4610, 
Email: [email protected]. For further information on international 
ocean shipping, go to: https://www.maritime.dot.gov/ports /cargo-
preference/cargo-preference.

[79 FR 33476, June 11, 2014, as amended at 87 FR 32322, May 31, 2022]



Sec.  102-117.140  What is cargo preference?

    Cargo preference is the statutory requirement that all, or a portion 
of all, U.S. Government owned, procured, furnished, or financed ocean-
borne cargo that moves internationally be transported on U.S. flag 
vessels.

[87 FR 32322, May 31, 2022]



Sec.  102-117.145  What are coastwise laws?

    Coastwise laws refer to laws governing shipment of freight, 
household goods and passengers by water between points in the United 
States or its territories. The purpose of these laws is to assure 
reliable shipping service and the existence of a maritime capability in 
times of war or national emergency (see section 27 of the Merchant 
Marine Act of 1920, 46 U.S.C. Chapter 551, 19 CFR 4.80).

[65 FR 60061, Oct. 6, 2000, as amended at 87 FR 32322, May 31, 2022]



Sec.  102-117.150  What do I need to know about coastwise laws?

    You need to know that:
    (a) Goods transported entirely or partly by water between U.S. 
points, either directly or via a foreign port, must travel in U.S. flag 
vessels that have a coastwise endorsement;
    (b) There are exceptions and limits for the U.S. Island territories 
and possessions in the Atlantic and Pacific Oceans (see Sec.  102-
117.155); and
    (c) The Commissioner of United States Customs and Border Protection, 
by delegation of the Secretary of the Department of Homeland Security, 
and the Secretary of the Treasury are authorized to impose monetary 
penalties against agencies that violate the coastwise laws.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010; 87 
FR 32322, May 31, 2022]



Sec.  102-117.155  Where do I go for further information about
coastwise laws?

    You may refer to 46 U.S.C. Chapter 551, 19 CFR 4.80, DOT MARAD (202-
336-4610 or [email protected]), the U.S. Coast Guard or U.S. 
Customs and Border Protection for further information on exceptions to 
the coastwise laws.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010; 87 
FR 32322, May 31, 2022]



                       Subpart E_Shipping Freight



Sec.  102-117.160  What is freight?

    Freight is property or goods transported as cargo.

[[Page 368]]



Sec.  102-117.165  What shipping process must I use for freight?

    Use the following shipping process for freight:
    (a) For domestic shipments you must:
    (1) Identify what you are shipping;
    (2) Decide if the cargo is HAZMAT, classified, or sensitive that may 
require special handling or placards;
    (3) Decide mode;
    (4) Check for applicable contracts or rate tenders within your 
agency or other agencies, including GSA;
    (5) Select the most efficient and economical TSP that gives the best 
value;
    (6) Prepare shipping documents; and
    (7) Schedule pickup, declare released value and ensure prompt 
delivery with a fully executed receipt, and oversee shipment.
    (b) For international shipments you must follow all the domestic 
procedures and, in addition, comply with the cargo preference laws. For 
specific information, see subpart D of this part.



Sec.  102-117.170  What reference materials are available to ship freight?

    (a) Information and guidance on shipping Government-owned freight is 
available at https://gsa.gov/transportationpolicy.
    (b) Information on transportation programs is available at https://
gsa.gov/transportation.
    (c) Transportation handbooks are available at https://gsa.gov/
transaudits.
    (d) Resources related to the transportation of freight are available 
on the Acquisition Gateway (https://hallways.cap.gsa.gov/). See the 
Transportation and Logistics Services Hallway for information specific 
to shipping freight.

[87 FR 32322, May 31, 2022]



Sec.  102-117.175  What factors do I consider to determine the mode
of transportation?

    Your shipping urgency and any special handling requirements 
determine which mode of transportation you select. Each mode has unique 
requirements for documentation, liability, size, weight and delivery 
time. HAZMAT, radioactive, and other specialized cargo may require 
special permits and may limit your choices.



Sec.  102-117.180  What transportation documents must I use to ship
freight?

    To ship freight:
    (a) By land (domestic shipments), use a bill of lading;
    (b) By land (international shipments), you may, but are not required 
to, use the optional GBL;
    (c) By ocean, use an ocean bill of lading, when suitable, along with 
the GBL. You only need an ocean bill of lading for door-to-door 
movements; and
    (d) By air, use a bill of lading.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010]



Sec.  102-117.185  Where must I send a copy of the transportation
documents?

    (a) You must forward an original copy of all transportation 
documents to: General Services Administration, Office of Travel, 
Employee Relocation and Transportation, Attn: Transportation Audits 
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 
20405, or email:
    (1) [email protected] line SDDC OTO Tenders (DOD only).
    (2) [email protected] line GSA Rate Quotes, Tenders/Rate 
Quotes/Tariffs (all agencies except DOD).
    (b) For all property shipments subject to cargo preference laws (see 
Sec.  102-117.140), a copy of the ocean carrier's bill of lading, 
showing all freight charges, must be sent to MARAD within 20 working 
days of the date of loading for shipments originating in the United 
States, the District of Columbia, its territories or possessions and 
within 30 working days for shipments originating outside the United 
States, the District of Columbia, its territories or possessions.

[87 FR 32323, May 31, 2022]



Sec.  102-117.190  Where do I file a claim for loss or damage to property?

    You must file a claim for loss or damage to property with the TSP.



Sec.  102-117.195  Are there time limits affecting filing of a claim?

    Yes, several statutes limit the time for administrative or judicial 
action against a TSP. Refer to part 102-118 of

[[Page 369]]

this chapter for more information and the time limit tables.



             Subpart F_Shipping Hazardous Material (HAZMAT)



Sec.  102-117.200  What is HAZMAT?

    HAZMAT is a substance or material the Secretary of Transportation 
determines to be an unreasonable risk to health, safety and property 
when transported in commerce. Therefore, there are restrictions on 
transporting HAZMAT (49 U.S.C. 5103 et seq.).



Sec.  102-117.205  What are the restrictions for transporting HAZMAT?

    Agencies that ship HAZMAT are subject to the Environmental 
Protection Agency and the Department of Transportation regulations, as 
well as applicable State and local government rules and regulations.



Sec.  102-117.210  Where can I get guidance on transporting HAZMAT?

    The Secretary of Transportation prescribes regulations for the safe 
transportation of HAZMAT in intrastate, interstate, and foreign commerce 
in 49 CFR parts 171 through 180. The Environmental Protection Agency 
also prescribes regulations on transporting HAZMAT in 40 CFR parts 260 
through 266. You may also call the HAZMAT information hotline at 1-800-
467-4922 (Washington, DC area, call 202-366-4488).



                   Subpart G_Shipping Household Goods



Sec.  102-117.215  What are household goods (HHG)?

    Household goods (HHG) are the personal effects of Government 
employees and their dependents.



Sec.  102-117.220  What choices do I have to ship HHG?

    (a) You may choose to ship HHG by:
    (1) Using the commuted rate system;
    (2) GSA's Centralized Household Goods Traffic Management Program 
(CHAMP);
    (3) Contracting directly with a TSP, (including a relocation company 
that offers transportation services) using the acquisition procedures 
under the Federal Acquisition Regulation (FAR) (see Sec.  102-117.30);
    (4) Using another agency's contract with a TSP (see Sec. Sec.  102-
117.40 and 102-117.45);
    (5) Using a rate tender under the Federal transportation procurement 
statutes (49 U.S.C. 10721 or 13712) (see Sec.  102-117.35).
    (b) As an alternative to the choices in paragraph (a) of this 
section, you may request the Department of State to assist with 
shipments of HHG moving to, from, and between foreign countries or 
international shipments originating in the continental United States. 
The nearest U.S. Embassy or Consulate may assist with arrangements of 
movements originating abroad. For further information contact:

Department of State
Transportation Operations
2201 C Street, NW.
Washington, DC 20520


[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000, as amended at 87 
FR 32323, May 31, 2022]



Sec.  102-117.225  What is the difference between a contract or a rate
tender and a commuted rate system?

    (a) Under a contract or a rate tender, the agency prepares the bill 
of lading and books the shipment. The agency is the shipper and pays the 
TSP the applicable charges. If loss or damage occurs, the agency may 
either file a claim on behalf of the employee directly with the TSP, or 
help the employee in filing a claim against the TSP.
    (b) Under the commuted rate system an employee arranges for shipping 
HHG and is reimbursed by the agency for the resulting costs. Use this 
method only within the continental United States (not Hawaii or Alaska).
    (c) Rate table information and the commuted rate schedule can be 
found at www.gsa.gov/relocationpolicy or the appropriate office 
designated in your agency.

[65 FR 60061, Oct. 6, 2000, as amended at 78 FR 75485, Dec. 12, 2013]

[[Page 370]]



Sec.  102-117.230  Must I compare costs between a contract or a rate
tender and the commuted rate system before choosing which method to use?

    Yes, you must compare the cost between a contract or a rate tender, 
and the commuted rate system before you make a decision.



Sec.  102-117.235  How do I get a cost comparison?

    (a) You may calculate a cost comparison internally according to 41 
CFR part 302-7.
    (b) You may request GSA to perform the cost comparison if you 
participate in the CHAMP program by sending GSA the following 
information as far in advance as possible:
    (1) Name of employee;
    (2) Origin city, county, and State;
    (3) Destination city, county, and State;
    (4) Date of household goods pick up;
    (5) Estimated weight of shipments;
    (6) Number of days storage-in-transit (if applicable); and
    (7) Other relevant data.
    (c) For more information on cost comparisons contact the Employee 
Relocation Resource Center at [email protected].

[87 FR 32323, May 31, 2022]



Sec.  102-117.240  What is my agency's financial responsibility to 
an employee who chooses to move all or part of his/her HHG under the 
commuted rate system?

    (a) Your agency is responsible for reimbursing the employee what it 
would cost the Government to ship the employee's HHG by the most cost-
effective means available or the employee's actual moving expenses, 
whichever is less.
    (b) The employee is liable for the additional cost when the cost of 
transportation arranged by the employee is more than what it would cost 
the Government.

    Note 1 to Sec.  102-117.240: For information on how to ship 
household goods, refer to the Federal Travel Regulation, 41 CFR part 
302-7, Transportation and Temporary Storage of Household Goods, 
Professional Books, Papers, and Equipment, (PBP&E) and Baggage 
Allowance.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010; 87 
FR 32323, May 31, 2022]



Sec.  102-117.245  What is my responsibility in providing guidance 
to an employee who wishes to use the commuted rate system?

    You must counsel employees that they may be liable for all costs 
above the amount reimbursed by the agency if they select a TSP that 
charges more than provided under the Commuted Rate Schedule.



Sec.  102-117.250  What are my responsibilities after shipping the 
household goods?

    (a) Each agency should develop an evaluation survey for the employee 
to complete following the move.
    (b) Under the CHAMP program, you must counsel employees to fill out 
their portion of the GSA Form 3080, Household Goods Carrier Evaluation 
Report. This form reports the quality of the TSP's performance. TSPs 
generate the GSA Form 3080 within GSA's Transportation Management 
Services Solution (TMSS) system and send the employee a link to complete 
the form.

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000, as amended at 87 
FR 32323, May 31, 2022]



Sec.  102-117.255  What actions may I take if the TSP's performance
is not satisfactory?

    If the TSP's performance is not satisfactory, you may place a TSP in 
temporary nonuse, suspended status, or debarred status. For more 
information on doing this, see subpart I of this part and the FAR (48 
CFR 9.406-3 and 9.407-3).



Sec.  102-117.260  What are my responsibilities to employees regarding
the TSP's liability for loss or damage claims?

    Regarding the TSP's liability for loss or damage claims, you must:
    (a) Advise employees on the limits of the TSP's liability for loss 
of and damage to their HHG so the employee may evaluate the need for 
added insurance;
    (b) Inform the employee about the procedures to file claims for loss 
and damage to HHG with the TSP; and

[[Page 371]]

    (c) Counsel employees, who have a loss or damage to their HHG that 
exceeds the amount recovered from a TSP, on procedures for filing a 
claim against the Government for the difference. Agencies may compensate 
employees up to $40,000 on claims for loss and damage under 31 U.S.C. 
3721, 3723 (41 CFR 302-7.12).

[65 FR 60061, Oct. 6, 2000, as amended at 87 FR 32323, May 31, 2022]



Sec.  102-117.265  Are there time limits that affect filing a claim 
with a TSP for loss or damage?

    Yes, several statutes limit the time for filing claims or taking 
other administrative or judicial action against a TSP. Refer to part 
102-118 of this chapter for information on claims.



                     Subpart H_Performance Measures



Sec.  102-117.270  What are agency performance measures for transportation?

    (a) Agency performance measures are indicators of how you are 
supporting your customers and doing your job. By tracking performance 
measures you can report specific accomplishments and your success in 
supporting the agency mission. The GPRA Modernization Act of 2010 (31 
U.S.C. 1115) requires agencies to develop business plans and set up 
program performance measures.
    (b) Examples of performance measurements in transportation would 
include how well you:
    (1) Increase the use of electronic commerce;
    (2) Adopt industry best practices and services to meet your agency 
requirements;
    (3) Use TSPs with a track record of successful past performance or 
proven superior ability;
    (4) Take advantage of competition in moving agency freight and 
household goods;
    (5) Assure that delivery of freight and household goods is on time 
against measured criteria; and
    (6) Create simplified procedures to be responsive and adaptive to 
the customer needs and concerns.

[65 FR 60061, Oct. 6, 2000, as amended at 87 FR 32323, May 31, 2022]



       Subpart I_Transportation Service Provider (TSP) Performance



Sec.  102-117.275  What performance must I expect from a TSP?

    You must expect the TSP to provide consistent and satisfactory 
service to meet your agency transportation needs.



Sec.  102-117.280  What aspects of the TSP's performance are
important to measure?

    Important TSP performance measures may include, but are not limited 
to the:
    (a) TSP's percentage of on-time deliveries;
    (b) Percentage of shipments that include overcharges or 
undercharges;
    (c) Percentage of claims received in a given period;
    (d) Percentage of returns received on-time;
    (e) Percentage of shipments rejected;
    (f) Percentage of billing improprieties;
    (g) Average response time on tracing shipments;
    (h) TSP's safety record (accidents, losses, damages or misdirected 
shipments) as a percentage of all shipments;
    (i) TSP's driving record (accidents, traffic tickets and driving 
complaints) as a percentage of shipments; and
    (j) Percentage of customer satisfaction reports on carrier 
performance.



Sec.  102-117.285  What are my choices if a TSP's performance is
not satisfactory?

    You may choose to place a TSP in temporary nonuse, suspension, or 
debarment if performance is unsatisfactory.

[[Page 372]]



Sec.  102-117.290  What is the difference between temporary nonuse,
suspension and debarment?

    (a) Temporary nonuse is limited to your agency and initiated by the 
agency transportation officers for a period not to exceed 90 days for:
    (1) Willful violations of the terms of the rate tender;
    (2) Persistent or willful failure to meet requested packing and 
pickup service;
    (3) Failure to meet required delivery dates;
    (4) Violation of Department of Transportation (DOT) hazardous 
material regulations;
    (5) Mishandling of freight, damaged or missing transportation seals, 
improper loading, blocking, packing or bracing of property;
    (6) Improper routing of property;
    (7) Subjecting your shipments to unlawful seizure or detention by 
failing to pay debts;
    (8) Operating without legal authority;
    (9) Failure to settle claims according to Government regulations; or
    (10) Repeated failure to comply with regulations of DOT, Surface 
Transportation Board, State or local governments or other Government 
agencies.
    (b) Suspension is disqualifying a TSP from receiving orders for 
certain services under a contract or rate tender pending an 
investigation or legal proceeding. A TSP may be suspended on adequate 
evidence of:
    (1) Fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a contract for transportation;
    (2) Violation of Federal or State antitrust statutes;
    (3) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; and
    (4) Any other offense indicating a lack of business integrity or 
business honesty that seriously and directly affects the present 
responsibility of the TSP as a transporter of the Government's property 
or the HHG of its employees relocated for the Government.
    (c) Debarment means action taken to exclude a contractor from 
contracting with all Federal agencies. The seriousness of the TSP's acts 
or omissions and the mitigating factors must be considered in making any 
debarment decisions. A TSP may be debarred for the following reasons:
    (1) Failure of a TSP to take the necessary corrective actions within 
the period of temporary nonuse; or
    (2) Conviction of or civil judgment for any of the causes for 
suspension.



Sec.  102-117.295  Who makes the decisions on temporary nonuse,
suspension and debarment?

    (a) The transportation officer may place a TSP in temporary nonuse 
for a period not to exceed 90 days.
    (b) The serious nature of suspension and debarment requires that 
these sanctions be imposed only in the public interest for the 
Government's protection and not for purposes of punishment. Only the 
agency head or his/her designee may suspend or debar a TSP.



Sec.  102-117.300  Do the decisions on temporary nonuse, suspension
and debarment go beyond the agency?

    (a) Temporary nonuse does not go beyond the agency.
    (b) Decisions on suspended or debarred TSPs do go beyond the agency 
and are available to the general public on the System for Award 
Management (SAM) maintained by GSA at https://sam.gov/.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010; 87 
FR 32323, May 31, 2022]



Sec.  102-117.305  Where do I go for information on the process for
suspending or debarring a TSP?

    Refer to the Federal Acquisition Regulation (48 CFR part 9, subpart 
9.4) for policies and procedures governing suspension and debarment of a 
TSP.



Sec.  102-117.310  What records must I keep on temporary nonuse,
suspension or debarment of a TSP?

    (a) You must set up a program consistent with your agency's internal 
record retention procedures to document the placement of TSPs in a 
nonuse, suspended or debarred status.
    (b) For temporary nonuse, your records must contain the following 
information:

[[Page 373]]

    (1) Name, address, and Standard Carrier Alpha Code and Taxpayer 
Identification Number of each TSP placed in temporary nonuse status;
    (2) The duration of the temporary nonuse status;
    (3) The cause for imposing temporary nonuse, and the facts showing 
the existence of such a cause;
    (4) Information and arguments in opposition to the temporary nonuse 
period sent by the TSP or its representative; and
    (5) The reviewing official's determination about keeping or removing 
temporary nonuse status.
    (c) For suspended or debarred TSPs, your records must include the 
same information as paragraph (b) of this section and you must:
    (1) Assure your agency does not award contracts to a suspended or 
debarred TSP; and
    (2) Notify GSA (see Sec.  102-117.315).



Sec.  102-117.315  Whom must I notify on suspension or debarment
of a TSP?

    Agencies must report electronically any suspension or debarment 
actions in accordance with the provisions of 48 CFR 9.404(c).

[75 FR 51394, Aug. 20, 2010, as amended at 87 FR 32323, May 31, 2022]



       Subpart J_Representation Before Regulatory Body Proceedings



Sec.  102-117.320  What is a transportation regulatory body proceeding?

    A transportation regulatory body proceeding is a hearing before a 
transportation governing entity, such as a State public utility 
commission, the Surface Transportation Board, or the Federal Maritime 
Commission. The proceeding may be at the Federal or State level 
depending on the activity regulated.



Sec.  102-117.325  May my agency appear on its own behalf before a
transportation regulatory body proceeding?

    Generally, no executive agency may appear on its own behalf in any 
proceeding before a transportation regulatory body, unless the 
Administrator of General Services delegates the authority to the agency. 
The statutory authority for the Administrator of General Services to 
participate in regulatory proceedings on behalf of all Federal agencies 
is in section 201(a)(4) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 501(c)(1)(B)).

[65 FR 60061, Oct. 6, 2000, as amended at 87 FR 32323, May 31, 2022]



Sec.  102-117.330  When, or under what circumstances, would GSA 
delegate authority to an agency to appear on its own behalf before a
transportation regulatory body proceeding?

    GSA will delegate authority when it does not have the expertise, or 
when it is outside of GSA's purview, to make a determination on an issue 
such as a protest of rates, routings or excessive charges.



Sec.  102-117.335  How does my agency ask for a delegation of authority
to represent itself in a regulatory body proceeding?

    You must email your request with enough detail to explain the 
circumstances surrounding the need for a delegation of authority for 
representation to [email protected].

[87 FR 32323, May 31, 2022]



Sec.  102-117.340  What other types of assistance may GSA provide
agencies in dealing with regulatory bodies?

    (a) GSA has oversight of all public utilities used by the Federal 
Government including transportation. There are specific regulatory 
requirements a TSP must meet at the State level, such as the requirement 
to obtain a certificate of public convenience and necessity.
    (b) GSA has a list of TSPs, which meet certain criteria regarding 
insurance and safety, approved by DOT. You must furnish GSA with an 
affidavit to determine if the TSP meets the basic qualification to 
protect the Government's interest. As an oversight mandate, GSA 
coordinates this function. For further information email 
[email protected] or contact: General Services 
Administration, Federal Acquisition Service, Office of Travel, Employee 
Relocation and

[[Page 374]]

Transportation, 1800 F Street NW, Washington, DC 20405.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51394, Aug. 20, 2010; 87 
FR 32323, May 31, 2022]



                   Subpart K_Transportation Reporting

    Source: 80 FR 57102, Sept. 22, 2015, unless otherwise noted.



Sec.  102-117.345  [Reserved]



Sec.  102-117.350  Do I have to report transportation data?

    No, however all agencies are strongly encouraged to report data by 
October 31 for the preceding fiscal year to GSA at GSA-OGP-
[email protected].

[87 FR 32323, May 31, 2022]



Sec.  102-117.355  Why should I report?

    (a) Reporting your agency's prior fiscal year transaction level 
transportation data for freight and cargo, including HHG, procured 
either through contract or tender, as well as your transportation 
management information will enable GSA to:
    (1) Assess the magnitude and key characteristics of transportation 
within the Government (e.g., how much agencies spend; what type of 
commodity is shipped; most used lanes, etc.); and
    (2) Analyze and recommend changes to Governmentwide policies, 
standards, practices, and procedures to improve Government 
transportation management.
    (b) Agencies that choose to report may identify opportunities within 
their organization to improve transportation management program 
performance as a result of the data analytics.



Sec.  102-117.356  What information should I report?

    You should report your agency's prior fiscal year transaction level 
transportation data for freight and cargo, including HHG, and 
transportation management information. Transportation data that 
currently is otherwise provided to GSA in compliance with 31 U.S.C. 3726 
is not requested. Transaction level transportation data submitted by 
agencies will remain confidential. Transportation management information 
should also be reported and should include related environmental 
information, agency points of contact, and transportation officer 
warrant and training data.



Sec.  102-117.360  [Reserved]



             Subpart L_Government-wide Transportation Policy



Sec.  102-117.361  What is the Government-wide Transportation Policy
Council (GTPC)?

    The Office of Government-wide Policy sponsors a Government-wide 
Transportation Policy Council (GTPC) to help agencies establish, 
improve, and maintain effective transportation management policies, 
practices and procedures. The council:
    (a) Collaborates with private and public stakeholders to develop 
valid performance measures and promote solutions that lead to effective 
results; and
    (b) Provides assistance to your agency with reporting your 
transportation activity to GSA.

[65 FR 60061, Oct. 6, 2000, as amended at 75 FR 51395, Aug. 20, 2010. 
Redesignated at 80 FR 57102, Sept. 22, 2015; 87 FR 32323, May 31, 2022]



Sec.  102-117.362  Where can I get more information about the GTPC?

    For more information about the GTPC, email GSA-OGP-
[email protected] or visit https://www.gsa.gov/
transportationpolicy.

[87 FR 32324, May 31, 2022]



   Subpart M_Recommendations for Authorization and Qualifications to 
               Acquire Transportation Using a Rate Tender

    Source: 79 FR 55365, Sept. 16, 2014, unless otherwise noted.



Sec.  102-117.365  What are the responsibilities of a Transportation 
Officer?

    A Transportation Officer's (TO) responsibilities may include:
    (a) Negotiating rates;
    (b) Signing bills of lading (BOL);

[[Page 375]]

    (c) Approving additional accessorial charges;
    (d) Selecting and procuring services of a TSP;
    (e) Selecting and procuring services of a 3PL;
    (f) Serving as a transportation subject matter expert to a 
Contracting Officer (CO); and/or
    (g) Other roles/responsibilities, such as serving as a certifying 
official for BOL or as a disbursement official.



Sec.  102-117.370  Should I have a Transportation Officer warrant to
acquire transportation services using a rate tender?

    Yes, it is recommended that you have a written document, such as a 
warrant, issued by the head of your agency or their designee, which 
expressly allows you to acquire transportation services for using 
approved non-Federal Acquisition Regulation (FAR) acquisition methods 
for specified transportation services, and states a dollar limit or 
range for the warrant authority.



Sec.  102-117.375  Are there instances where a Transportation Officer
warrant is not necessary to acquire transportation services?

    Yes, a Transportation Officer warrant is not necessary to:
    (a) Ship packages through a contract under the GSA Schedules 
program, including any Blanket Purchase Agreement, as these are FAR-
based contracts;
    (b) Ship packages or other materials through any other FAR-based 
contract; or
    (c) Send items through the United States Postal Service.



Sec.  102-117.380  What should be contained in a Transportation Officer 
warrant to acquire transportation services?

    The warrant for authority to acquire transportation services for 
freight and cargo, including HHGs, issued by the agency head or their 
designee should:
    (a) State that you have sufficient experience (any combination of 
Federal, public, and/or commercial) and/or training in transportation 
services, including any relevant acquisition or certifying officer 
training, that qualifies you to acquire the transportation services 
needed by your agency;
    (b) List the maximum dollar limit, if any, and any other limits, 
such as the types of services that you may acquire;
    (c) State your agency's necessary conditions to maintain the 
warrant; and
    (d) Include an expiration date for the warrant, recommended not to 
exceed three years from the date of issuance.



Sec.  102-117.385  Is there a standard format for a Transportation Officer
warrant?

    No. Agencies may model the Transportation Officer warrant after the 
Contracting Officer warrant, or they may establish their own format.

[87 FR 32324, May 31, 2022]



Sec.  102-117.390  What are the recommended Transportation Officer training
and/or experience levels?

    The following are recommended agency transportation officer training 
and/or experience baselines:
    (a) For a Basic (Level 1) Transportation Officer Warrant:
    (1) Twenty-four (24) hours of training in Federal transportation; or
    (2) Two (2) years of Federal, public, and/or commercial experience 
in acquiring transportation through rate tenders.
    (b) For an Experienced (Level 2) Transportation Officer Warrant:
    (1) Thirty-two (32) hours of training in transportation, including 
twenty (20) hours of training in Federal transportation; or
    (2) Three (3) years of Federal, public, and/or commercial experience 
in acquiring transportation through rate tenders.
    (c) For a Senior (Level 3) Transportation Officer Warrant:
    (1) Sixty (60) hours of training in transportation, including forty 
(40) hours of training in Federal transportation; or
    (2) Five (5) years of Federal, public, and/or commercial experience 
in acquiring transportation through rate tenders.

[87 FR 32324, May 31, 2022]

[[Page 376]]



Sec.  102-117.395  Should I continue my training to maintain my warrant?

    Yes, you should continue your training. Your agency will determine 
the continuing education that applies specifically to your warrant. It 
is recommended that at least twelve (12) hours of transportation 
training per year be completed in order to maintain a Transportation 
Officer warrant.



Sec.  102-117.400  How should my warrant be documented?

    The head of your agency or their designee should state, in writing, 
that you have the recommended training and/or experience suggested by 
Sec.  102-117.390. You should retain a copy of this Transportation 
Officer warrant. Agency heads or their designee(s) may amend, suspend, 
or terminate warrants in accordance with agency policies and/or 
procedures.



PART 102	118_TRANSPORTATION PAYMENT AND AUDIT--Table of Contents



                            Subpart A_General

                              Introduction

Sec.
102-118.5 What is the purpose of this part?
102-118.10 What is a transportation audit?
102-118.15 What is a transportation payment?
102-118.20 Who is subject to this part?
102-118.25 What must my agency provide to GSA regarding its 
          transportation policies?
102-118.30 Are Government-controlled corporations bound by this part?

                               Definitions

102-118.35 What definitions apply to this part?

  Subpart B_Ordering and Paying for Transportation and Transportation 
                                Services

102-118.40 How does my agency order transportation and transportation 
          services?
102-118.45 How does a transportation service provider (TSP) bill my 
          agency for transportation and transportation services?
102-118.50 How does my agency pay for transportation services?
102-118.55 What administrative procedures must my agency establish for 
          payment of freight, household goods, or other transportation 
          services?
102-118.60 To what extent must my agency use electronic commerce?
102-118.65 Can my agency receive electronic billing for payment of 
          transportation services?
102-118.70 Must my agency make all payments via electronic funds 
          transfer?
102-118.75 What if my agency or the TSP does not have an account with a 
          financial institution or approved payment agent?
102-118.80 Who is responsible for keeping my agency's electronic 
          commerce transportation billing records?
102-118.85 Can my agency use a Government contractor issued charge card 
          to pay for transportation services?
102-118.90 If my agency orders transportation and/or transportation 
          services with a Government contractor issued charge card or 
          charge account citation, is this subject to prepayment audit?
102-118.91 May my agency authorize the use of cash?
102-118.92 How does my agency handle receipts, tickets or other records 
          of cash payments?
102-118.95 What forms can my agency use to pay transportation bills?
102-118.100 What must my agency ensure is on each SF 1113?
102-118.105 Where can I find the rules governing the use of a Government 
          Bill of Lading?
102-118.110 Where can I find the rules governing the use of a Government 
          Transportation Request?
102-118.115 Must my agency use a GBL?
102-118.120 Must my agency use a GTR?
102-118.125 What if my agency uses a TD other than a GBL?
102-118.130 Must my agency use a GBL for express, courier, or small 
          package shipments?
102-118.135 Where are the mandatory terms and conditions governing the 
          use of bills of lading?
102-118.140 What are the major mandatory terms and conditions governing 
          the use of GBLs and bills of lading?
102-118.145 Where are the mandatory terms and conditions governing the 
          use of passenger transportation documents?
102-118.150 What are the major mandatory terms and conditions governing 
          the use of passenger transportation documents?
102-118.155 How does my agency handle supplemental billings from the TSP 
          after payment of the original bill?
102-118.160 Who is liable if my agency makes an overpayment on a 
          transportation bill?
102-118.165 What must my agency do if it finds an error on a TSP bill?
102-118.170 Will GSA continue to maintain a centralized numbering system 
          for Government transportation documents?

[[Page 377]]

              Subpart C_Use of Government Billing Documents

 Terms and Conditions Governing Acceptance and Use of a Government Bill 
 of Lading (GBL) or Government Transportation Request (GTR) (Until Form 
                               Retirement)

102-118.185 When buying freight transportation, must my agency reference 
          the applicable contract or tender on the bill of lading 
          (including GBLs)?
102-118.190 When buying passenger transportation, must my agency 
          reference the applicable contract?
102-118.195 What documents must a transportation service provider (TSP) 
          send to receive payment for a transportation billing?
102-118.200 Can a TSP demand advance payment for the transportation 
          charges submitted on a bill of lading (including GBL)?
102-118.205 May my agency pay a subcontractor or agent functioning as a 
          warehouseman for the TSP providing service under the bill of 
          lading?
102-118.210 May my agency use bills of lading other than the GBL for a 
          transportation shipment?
102-118.215 May my agency pay a TSP any extra fees to pay for the 
          preparation and use of the GBL or GTR?
102-118.220 If a transportation debt is owed to my agency by a TSP 
          because of loss or damage to property, does my agency report 
          it to GSA?
102-118.225 What constitutes final receipt of shipment?
102-118.230 What if my agency creates or eliminates a field office 
          approved to prepare transportation documents?

Agency Responsibilities When Using Government Bills of Lading (GBLs) or 
                Government Transportation Requests (GTRs)

102-118.235 Must my agency keep physical control and accountability of 
          the GBL and GTR forms or GBL and GTR numbers?
102-118.240 How does my agency get GBL and GTR forms?
102-118.245 How does my agency get an assigned set of GBL or GTR 
          numbers?
102-118.250 Who is accountable for the issuance and use of GBL and GTR 
          forms?
102-118.255 Are GBL and GTR forms numbered and used sequentially?

                    Quotations, Tenders or Contracts

102-118.260 Must my agency send all quotations, tenders, or contracts 
          with a TSP to GSA?
102-118.260 Must my agency send all quotations, tenders, or contracts 
          with a TSP to GSA?

          Subpart D_Prepayment Audit of Transportation Services

    Agency Requirements for a Transportation Prepayment Audit Program

102-118.265 What is a prepayment audit?
102-118.270 Must my agency establish a transportation prepayment audit 
          program, and how is it funded?
102-118.275 What must my agency consider when developing a 
          transportation prepayment audit program?
102-118.280 Must all transportation payment records, whether they are 
          electronic or paper, undergo a prepayment audit?
102-118.285 What must be included in my agency's transportation 
          prepayment audit program?

        Agency Requirements With Transportation Service Providers

102-118.290 Must my agency notify the TSP of any adjustment to the TSP 
          bill?
102-118.295 Does my agency transportation prepayment audit program need 
          to establish appeal procedures?
102-118.300 What must my agency do if the TSP disputes the findings and 
          my agency cannot resolve the dispute?
102-118.305 What information must be on all transportation payment 
          records that have completed my agency's prepayment audit?
102-118.310 What does the GSA Transportation Audits Division consider 
          when verifying an agency prepayment audit program?
102-118.315 How does my agency contact the GSA Transportation Audits 
          Division?
102-118.320 What action should my agency take if the agency's 
          transportation prepayment audits program changes?

                Agency Certifying and Disbursing Officers

102-118.325 Does establishing an agency Chief Financial Officer-approved 
          transportation prepayment audit program change the 
          responsibilities of the certifying officers?
102-118.330 Does a transportation prepayment audit waiver change any 
          liabilities of the certifying officer?
102-118.335 What relief from liability is available for the certifying 
          official under a transportation postpayment audit?
102-118.340 Do the requirements of a transportation prepayment audit 
          change the disbursing official's liability for overpayment?

[[Page 378]]

102-118.345 Where does relief from transportation prepayment audit 
          liability for certifying, accountable, and disbursing officers 
          reside in my agency?

 Exemptions and Suspensions of the Mandatory Transportation Prepayment 
                              Audit Program

102-118.350 What agency has the authority to grant an exemption from the 
          transportation prepayment audit requirement?
102-118.355 How does my agency apply for an exemption from a 
          transportation prepayment audit requirement?
102-118.360 How long will GSA take to respond to an exemption request 
          from a transportation prepayment audit requirement?
102-118.365 Can my agency renew an exemption from the transportation 
          prepayment audit requirements?
102-118.370 Are my agency's prepayment audited transportation 
          documentation subject to periodic postpayment audit oversight 
          from the GSA Transportation Audits Division?
102-118.375 Can GSA suspend my agency's transportation prepayment audit 
          program?

               Subpart E_Postpayment Transportation Audits

102-118.400 What is a transportation postpayment audit?
102-118.405 Who conducts a transportation postpayment audit?
102-118.410 If agencies perform the mandatory transportation prepayment 
          audit, will this eliminate the requirement for a 
          transportation postpayment audit conducted by GSA?
102-118.415 Can the Administrator of General Services exempt the 
          transportation postpayment audit requirement?
102-118.420 Is my agency allowed to perform a postpayment audit on our 
          transportation documents?
102-118.425 Is my agency required to forward all transportation 
          documents to GSA Transportation Audits Division, and what 
          information must be on these documents?
102-118.430 What is the process the GSA Transportation Audits Division 
          employs to conduct a postpayment audit?
102-118.435 What are the transportation postpayment audit roles and 
          responsibilities of the GSA Transportation Audits Division?
102-118.440 Does my agency pay for a transportation postpayment audit 
          conducted by the GSA Transportation Audits Division?
102-118.445 How do I contact the GSA Transportation Audits Division?

                 Subpart F_Claims and Appeal Procedures

                General Agency Information for All Claims

102-118.450 Can a TSP file a transportation claim against my agency?
102-118.445 What is the time limit for a TSP to file a transportation 
          claim against my agency?
102-118.460 What is the time limit for my agency to file a court claim 
          with a TSP for freight charges, reparations, and loss or 
          damage to the property?
102-118.465 Must my agency pay interest on a disputed amount claimed by 
          a TSP?
102-118.470 Are there statutory time limits for a TSP on filing an 
          administrative claim with the GSA Transportation Audits 
          Division?
102-118.475 Does interest apply after certification of payment of 
          claims?
102-118.480 How does my agency settle disputes with a TSP?
102-118.485 Is there a time limit for my agency to issue a decision on 
          disputed claims?
102-118.490 What if my agency fails to settle a dispute within 30 days?
102-118.495 May my agency appeal a decision by the Civilian Board of 
          Contract Appeals (CBCA)?
102-118.500 How does my agency handle a voluntary refund submitted by a 
          TSP?
102-118.505 Must my agency send a voluntary refund to the Treasurer of 
          the United States?
102-118.510 Can my agency revise or alter a GSA Form 7931, Certificate 
          of Settlement?
102-118.515 Does my agency have any recourse not to pay a Certificate of 
          Settlement?
102-118.520 Who is responsible for determining the standards for 
          collection, compromise, termination, or suspension of 
          collection action on any outstanding debts to my agency?
102-118.525 What are my agency's responsibilities for verifying the 
          correct amount of transportation charges?
102-118.530 Will GSA instruct my agency's disbursing offices to offset 
          unpaid TSP billings?
102-118.535 Are there principles governing my agency's TSP debt 
          collection procedures?
102-118.540 Who has the authority to audit, settle accounts, and/or 
          start collection action for all transportation services 
          provided for my agency?

        Transportation Service Provider (TSP) Filing Requirements

102-118.545 What information must a TSP claim include?

[[Page 379]]

102-118.550 How does a TSP file an administrative claim using EDI or 
          other electronic means?
102-118.555 Can a TSP file a supplemental administrative claim?
102-118.560 What is the required format that a TSP must use to file an 
          administrative claim?
102-118.565 What documentation is required when filing an administrative 
          claim?

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                            Prepayment Audits

102-118.570 If my agency denies the TSP's challenge to the Statement of 
          Difference, may the TSP appeal?
102-118.575 If a TSP disagrees with the decision of my agency, can the 
          TSP appeal?
102-118.580 May a TSP appeal a prepayment audit decision of the GSA 
          Transportation Audits Division?
102-118.585 May a TSP appeal a prepayment audit decision of the CBCA?
102-118.590 May my agency appeal a prepayment audit decision of the GSA 
          Transportation Audits Division?
102-118.595 May my agency appeal a prepayment audit decision by the 
          CBCA?

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                           Postpayment Audits

102-118.600 When a TSP disagrees with a Notice of Overcharge resulting 
          from a postpayment audit, what are the appeal procedures?
102-118.605 What if a TSP disagrees with the Notice of Indebtedness?
102-118.610 Is a TSP notified when GSA allows a claim?
102-118.615 Will GSA notify a TSP if they internally offset a payment?
102-118.620 How will a TSP know if the GSA Transportation Audits 
          Division disallows a claim?
102-118.625 Can a TSP request a reconsideration of a settlement action 
          by the GSA Audit Division?
102-118.630 How must a TSP refund amounts due to GSA?
102-118.635 Can the Government charge interest on an amount due from a 
          TSP?
102-118.640 If a TSP fails to pay or to appeal an overcharge, what 
          actions will GSA pursue to collect the debt?
102-118.645 Can a TSP file an administrative claim on collection 
          actions?
102-118.650 Can a TSP request a review of a settlement action by the 
          Administrator of General Services?
102-118.655 Are there time limits on a TSP request for an administrative 
          review by the Civilian Board of Contract Appeals (CBCA)?
102-118.660 May a TSP appeal a postpayment audit decision of the CBCA?
102-118.665 May my agency appeal a postpayment audit decision by the 
          CBCA?

      Transportation Service Provider (TSP) Non-Payment of a Claim

102-118.670 If a TSP cannot immediately pay a debt, can they make other 
          arrangements for payment?
102-118.675 What recourse does my agency have if a TSP does not pay a 
          transportation debt?

    Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et seq.; 
46 U.S.C. 55305; 49 U.S.C. 40118.

    Source: 65 FR 24569, Apr. 26, 2000, unless otherwise noted.



                            Subpart A_General

                              Introduction



Sec.  102-118.5  What is the purpose of this part?

    The purpose of this part is to interpret statutes and other policies 
that assure that payment and payment mechanisms for agency 
transportation services are uniform and appropriate. This part 
communicates the policies clearly to agencies and transportation service 
providers (TSPs). (See Sec.  102-118.35 for the definition of TSP.)



Sec.  102-118.10  What is a transportation audit?

    A transportation audit is a thorough review and validation of 
transportation related documents and bills. The audit must examine the 
validity, propriety, and conformity of the charges or rates with 
tariffs, quotations, contracts, agreements, or tenders, as appropriate.

[81 FR 65298, Sept. 22, 2016]



Sec.  102-118.15  What is a transportation payment?

    A transportation payment is a payment made by an agency to a TSP for 
the movement of goods, people or transportation related services.

[65 FR 24569, Apr. 26, 2000, as amended at 81 FR 65299, Sept. 22, 2016]



Sec.  102-118.20  Who is subject to this part?

    This part applies to all agencies (including the Department of 
Defense

[[Page 380]]

(DoD)) and TSPs defined in Sec.  102-118.35, and wholly-owned Government 
corporations as defined in 31 U.S.C. 101, et seq. and 31 U.S.C. 9101(3). 
Your agency is required to incorporate this part into its internal 
regulations.

[81 FR 65299, Sept. 22, 2016]



Sec.  102-118.25  What must my agency provide to GSA regarding its
transportation policies?

    As part of the evaluation of agencies' transportation program and 
postpayment audit, GSA may request to examine your agency's 
transportation prepayment audit program and policies to verify the 
performance of the prepayment audit. GSA Office of Government-wide 
Policy, Transportation Policy Division and GSA Transportation Audits 
Division may suggest revisions of agencies' audit program or policies.

[81 FR 65299, Sept. 22, 2016]



Sec.  102-118.30  Are Government-controlled corporations bound by this part?

    This part does not apply to Government-controlled corporations and 
mixed-ownership Government corporations as defined in 31 U.S.C. 9101(1) 
and (2).

[81 FR 65299, Sept. 22, 2016]

                               Definitions



Sec.  102-118.35  What definitions apply to this part?

    The following definitions apply to this part:
    Agency means a department, agency, or instrumentality of the United 
States Government (31 U.S.C. 101).
    Bill of lading (BOL), sometimes referred to as a commercial bill of 
lading, but includes a Government bill of lading (GBL), means the 
document used as a receipt of goods, a contract of carriage, and 
documentary evidence of title.
    Cash means cash, personal checks, personal charge cards, and 
travelers checks. Cash may only be used to pay for transportation 
expenses in extremely limited cases where government payment mechanisms 
are not available or acceptable.
    Claim means--
    (1) Any demand by an agency upon a transportation service provider 
(TSP) for the payment of overcharges, ordinary debts, fines, penalties, 
administrative fees, special charges, and interest; or
    (2) Any demand by the TSP for amounts not included in the original 
bill that the TSP believes an agency owes them. This includes amounts 
deducted or offset by an agency; amounts previously refunded by the TSP, 
which is believed to be owed; and any subsequent bills from the TSP 
resulting from a transaction that was prepayment or postpayment audited 
by the GSA Transportation Audits Division.
    Document reference number (DRN) means the unique number on a bill of 
lading, Government Transportation Request (GTR), or transportation 
ticket used to track the movement of shipments and individuals.
    EDI signature means a discrete authentication code which serves in 
place of a paper signature and binds parties to the terms and conditions 
of a contract in electronic communication.
    Electronic commerce means electronic techniques for performing 
business transactions (ordering, billing, and paying for goods and 
services), including electronic mail or messaging, Internet technology, 
electronic bulletin boards, charge cards, electronic funds transfers, 
and electronic data interchange.
    Electronic data interchange means electronic techniques for carrying 
out transportation transactions using electronic transmissions of the 
information between computers instead of paper documents. These 
electronic transmissions must use established and published formats and 
codes as authorized by the applicable Federal Information Processing 
Standards.
    Electronic funds transfer means any transfer of funds, other than 
transactions initiated by cash, check, or similar paper instrument, that 
is initiated through an electronic terminal, telephone, computer, or 
magnetic tape, for the purpose of ordering, instructing, or authorizing 
a financial institution to debit or credit an account. The term includes 
Automated Clearinghouse transfers, Fed Wire transfers,

[[Page 381]]

and transfers made at automatic teller machines and point of sale 
terminals.
    Government bill of lading (GBL) means the transportation document 
used as a receipt of goods, evidence of title, and a contract of 
carriage for Government international shipments (see Bill of lading 
(BOL) definition).
    Government contractor-issued charge card means the charge card used 
by authorized individuals to pay for official travel and transportation 
related expenses for which the contractor bills the employee. This is 
different than a centrally billed account paying for official travel and 
transportation related expenses for which the agency is billed.
    Government Transportation Request (GTR) (Optional Form 1169)--means 
a Government document used to procure passenger transportation services 
from a TSP. The document obligates the Government to pay for 
transportation services provided and is used when a Government 
contractor issued charge card is not accepted by the TSP.
    Offset means something that serves to counterbalance or to 
compensate for something else. These are funds owed to a TSP that are 
not released by the agency but instead used to repay the agency for a 
debt incurred by the TSP.
    Ordinary debt means an amount that a TSP owes an agency other than 
for the repayment of an overcharge. Ordinary debts include, but are not 
limited to, payments for transportation services ordered and not 
provided (including unused transportation tickets), duplicate payments, 
and amounts for which a TSP is liable because of loss and/or damage to 
property it transported.
    Overcharge means those charges for transportation that exceed those 
applicable under the executed agreement for services such as bill of 
lading (including a GBL, contract, rate tender or a GTR).
    Postpayment audit means an audit of transportation billing 
documents, and all related transportation documents after payment, to 
decide their validity, propriety, and conformity of rates with tariffs, 
quotations, agreements, contracts, or tenders. The audit process may 
also include subsequent adjustments and collection actions taken against 
a TSP by the Government (31 U.S.C. 3726).
    Prepayment audit means an audit of transportation billing documents 
before payment to determine their validity, propriety, and conformity of 
rates with tariffs, quotations, agreements, contracts, or tenders (31 
U.S.C. 3726).
    Privately Owned Personal Property Government Bill of Lading means 
the agency transportation document used as a receipt of goods, evidence 
of title, and generally a contract of carriage. It is only available for 
the transportation of household goods. Use of this form is mandatory for 
Department of Defense, but optional for other agencies.
    Rate authority means the document that establishes the legal charges 
for a transportation shipment. Charges included in a rate authority are 
those rates, fares, and charges for transportation and related services 
contained in tariffs, tenders, contracts, bills of lading, and other 
equivalent documents.
    Reparation means a payment to or from an agency to correct an 
improper transportation billing as determined by a postpayment audit 
involving a TSP. Improper routing, overcharges, or duplicate payments 
may cause such improper billing. This is different from a payment to 
settle a claim for loss and damage.
    Standard Carrier Alpha Code (SCAC) is a unique code, typically two 
to four characters, used to identify transportation companies.
    Statement of difference means a statement issued by an agency or its 
designated audit contractor during a prepayment audit when they 
determine that a TSP has billed the agency for more than the proper 
amount for the services. This statement tells the TSP on the invoice, 
the amount allowed and the basis for the proper charges. The statement 
also cites the applicable rate references and other data relied on for 
support. The agency issues a separate statement of difference for each 
transportation transaction.
    Statement of difference rebuttal means a document used by the agency 
to respond to a TSP's claim about an improper reduction made against the 
TSP's original bill by the paying agency.

[[Page 382]]

    Supplemental bill means the bill for services that the TSP submits 
to the agency for additional payment of the services provided.
    Taxpayer identification number (TIN) means the number required by 
the Internal Revenue Service to be used by the TSP in reporting income 
tax or other returns. For a TSP, the TIN is an employer identification 
number.
    Transportation means service involved in the physical movement (from 
one location to another) of people, household goods, and freight by a 
TSP or a Third Party Logistics (3PL) entity for an agency, as well as 
activities directly relating to or supporting that movement. These 
activities are defined in 49 U.S.C. 13102.
    Transportation document (TD) means any executed document for 
transportation services, such as a bill of lading, a tariff, a tender, a 
contract, a GTR, invoices, paid invoices, any transportation bills, or 
other equivalent documents, including electronic documents.
    Transportation service provider (TSP) means any party, person, 
agent, or carrier that provides freight, household goods, or passenger 
transportation or related services to an agency.
    Virtual GBL (VGBL) means the use of a unique GBL number on a 
commercial document, which binds the TSP to the terms and conditions of 
a GBL.

    Note to Sec.  102-118.35: 15 U.S.C. 96, et seq., 49 U.S.C. 13102, et 
seq., and 41 CFR Chapter 302 Federal Travel Regulation defines 
additional transportation terms not listed in this section.

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57618, Sept. 24, 2004; 
74 FR 30475, June 26, 2009; 81 FR 65299, Sept. 22, 2016; 87 FR 32324, 
May 31, 2022]



  Subpart B_Ordering and Paying for Transportation and Transportation 
                                Services



Sec.  102-118.40  How does my agency order transportation and transportation
services?

    Your agency orders:
    (a) Transportation of freight and household goods and related 
transportation services (e.g., packaging, storage) with a Government 
contractor-issued charge card, purchase order (or electronic 
equivalent), or a Government bill of lading for international shipments 
(including domestic overseas shipments). In extremely limited cases, 
cash can be used where government payment mechanisms are not available 
or acceptable.
    (b) Transportation of people through the purchase of transportation 
tickets with a Government issued charge card (or centrally billed travel 
account citation), Government issued individual travel charge card, 
personal charge card, cash (in accordance with Department of the 
Treasury regulations), or in limited prescribed situations, a Government 
Transportation Request (GTR). See the ``U.S. Government Passenger 
Transportation Handbook,'' available at https://www.gsa.gov/transaudits.

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001; 
69 FR 57618, Sept. 24, 2004; 74 FR 30475, June 26, 2009; 87 FR 32324, 
May 31, 2022]



Sec.  102-118.45  How does a transportation service provider (TSP) bill
my agency for transportation and transportation services?

    The manner in which your agency orders transportation and 
transportation services determines the manner in which a TSP bills for 
service. This is shown in the following table:

                 Transportation Service Provider Billing
------------------------------------------------------------------------
          (a) Ordering method                   (b) Billing method
------------------------------------------------------------------------
(1)(i) Government issued agency charge   (1) Bill from charge card
 card,.                                   company (may be electronic).
(ii) Centrally billed travel account
 citation.
------------------------------------------------------------------------

[[Page 383]]

 
(2)(i) Purchase order,.................  (2) Bill from TSP (may be
                                          electronic).
(ii) Bill of lading,
(iii) Government Bill of Lading,
(iv) Government Transportation Request.
------------------------------------------------------------------------
(3)(i) Contractor issued individual      (3) Voucher from employee (may
 travel charge card.                      be electronic).
(ii) Personal charge card,
(iii) Personal cash.
------------------------------------------------------------------------



Sec.  102-118.50  How does my agency pay for transportation services?

    Your agency may pay for transportation services in three ways:
    (a) Electronic funds transfer (EFT) (31 U.S.C. 3332, et). Your 
agency is required by statute to make all payments by EFT unless your 
agency receives a waiver from the Department of the Treasury.
    (b) Check. For those situations where EFT is not possible and the 
Department of the Treasury has issued a waiver, your agency may make 
payments by check.
    (c) Cash. In very unusual circumstances and as a last option, your 
agency payments may be made in cash in accordance with Department of the 
Treasury regulations (31 CFR part 208).



Sec.  102-118.55  What administrative procedures must my agency
establish for payment of freight, household goods, or other transportation
services?

    Your agency must establish administrative procedures which assure 
that the following conditions are met:
    (a) The negotiated price is fair and reasonable;
    (b) A document of agreement signifying acceptance of the 
arrangements with terms and conditions is filed with the participating 
agency by the TSP;
    (c) The terms and conditions are included in all transportation 
agreements and referenced on all transportation documents (TDs);
    (d) Bills are only paid to the TSP providing service under the bill 
of lading to your agency and may not be waived;
    (e) All fees paid are accounted for in the aggregate delivery costs;
    (f) All payments are subject to applicable statutory limitations;
    (g) Procedures (such as an unique numbering system) are established 
to prevent and detect duplicate payments, properly account for 
expenditures and discrepancy notices;
    (h) All transactions are verified with any indebtedness list. On 
charge card transactions, your agency must consult any indebtedness list 
if the charge card contract provisions allow for it; and
    (i) Procedures are established to process any unused tickets.



Sec.  102-118.60  To what extent must my agency use electronic commerce?

    Your agency must use electronic commerce in all areas of your 
transportation program. This includes the use of electronic systems and 
forms for ordering, receiving bills and paying for transportation and 
transportation services.

[69 FR 57618, Sept. 24, 2004]



Sec.  102-118.65  Can my agency receive electronic billing for
payment of transportation services?

    Yes, when mutually agreeable to the agency and the GSA 
Transportation Audits Division, your agency is encouraged to use 
electronic billing for the procurement and billing of transportation 
services.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32324, May 31, 2022]



Sec.  102-118.70  Must my agency make all payments via electronic
funds transfer?

    Yes, under 31 U.S.C. 3332, et seq., your agency must make all 
payments for

[[Page 384]]

goods and services via EFT (this includes goods and services ordered 
using charge cards).



Sec.  102-118.75  What if my agency or the TSP does not have an
account with a financial institution or approved payment agent?

    Under 31 U.S.C. 3332, et seq., your agency must obtain an account 
with a financial institution or approved payment agent in order to meet 
the statutory requirements to make all Federal payments via EFT unless 
your agency receives a waiver from the Department of the Treasury. To 
obtain a waiver, your agency must contact:

The Commissioner
Financial Management Service
Department of the Treasury
401 Fourteenth Street, SW.
Washington, DC 20227
http://www.fms.treas.gov/



Sec.  102-118.80  Who is responsible for keeping my agency's electronic
commerce transportation billing records?

    Your agency's internal financial regulations will identify 
responsibility for recordkeeping. In addition, the GSA Transportation 
Audits Division keeps a central repository of electronic transportation 
billing records for legal and auditing purposes. Therefore, your agency 
must forward all relevant electronic transportation billing documents to 
[email protected] or: General Services Administration, Office of 
Travel, Employee Relocation and Transportation, Attn: Transportation 
Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, 
DC 20405.

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 
74 FR 30475, June 26, 2009; 87 FR 32324, May 31, 2022]



Sec.  102-118.85  Can my agency use a Government contractor issued
charge card to pay for transportation services?

    Yes, your agency may use a Government contractor issued charge card 
to purchase transportation services if permitted under the charge card 
contract or task order. In these circumstances your agency will receive 
a bill for these services from the charge card company.



Sec.  102-118.90  If my agency orders transportation and/or 
transportation services with a Government contractor issued charge card
or charge account citation, is this subject to prepayment audit?

    Generally, no transportation or transportation services ordered with 
a Government contractor issued charge card or charge account citation 
can be prepayment audited because the bank or charge card contractor 
pays the TSP directly, before your agency receives a bill that can be 
audited from the charge card company. However, if your agency contracts 
with the charge card or charge account provider to provide for a 
prepayment audit, then, as long as your agency is not liable for paying 
the bank for improper charges (as determined by the prepayment audit 
verification process), a prepayment audit can be used. As with all 
prepayment audit programs, the charge card prepayment audit must be 
approved by the GSA Transportation Audits Division prior to 
implementation. If the charge card contract does not provide for a 
prepayment audit, your agency must submit the transportation line items 
on the charge card to the GSA Transportation Audits Division for a 
postpayment audit.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32324, May 31, 2022]



Sec.  102-118.91  May my agency authorize the use of cash?

    Yes, in limited circumstances, a Government employee can use cash 
where government payment mechanisms are not available or acceptable.

[69 FR 57618, Sept. 24, 2004]



Sec.  102-118.92  How does my agency handle receipts, tickets or
other records of cash payments?

    Your agency must ensure that its employees keep the original 
receipts for transportation purchases over $75.00 made with cash. If it 
is impractical to furnish receipts in any instance as required by this 
subtitle, the failure to do so must be fully explained on the travel 
voucher. Mere inconvenience in the matter of taking receipts will not be 
considered. These receipts must be saved for a possible postpayment 
audit

[[Page 385]]

by the GSA Transportation Audits Division. If your agency requires the 
filing of paper receipts, then you must do so. For transportation 
purchases over $75.00, your agency must ensure that copies of all 
original papers are retained at your agency.

[69 FR 57618, Sept. 24, 2004, as amended at 74 FR 30475, June 26, 2009; 
87 FR 32324, May 31, 2022]



Sec.  102-118.95  What forms can my agency use to pay transportation 
bills?

    Your agency must use commercial payment practices and forms to the 
maximum extent possible; however, when viewed necessary by your agency, 
your agency may use the following Government forms to pay transportation 
bills:
    (a) Standard Form (SF) 1113, Public Voucher for Transportation 
Charges, and SF 1113-A, Memorandum Copy;
    (b) Standard Form (SF) 1103, Government Bill of Lading (used for 
movement of things, both privately owned and Government property for 
official uses);
    (c) OF 1169, Government Transportation Request (used to pay for 
tickets to move people); and
    (d) Privately Owned Personal Property Government Bill of Lading 
(used by the Department of Defense to move private property for official 
transfers).

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001; 
87 FR 32324, May 31, 2022]



Sec.  102-118.100  What must my agency ensure is on each SF 1113?

    Your agency must ensure during its prepayment audit of a TSP bill 
that, when required, the TSP filled out the Public Voucher for 
Transportation Charges, SF 1113, completely including the taxpayer 
identification number (TIN) and standard carrier alpha code (SCAC).

[87 FR 32324, May 31, 2022]



Sec.  102-118.105  Where can I find the rules governing the use of
a Government Bill of Lading?

    The ``U.S. Government Freight Transportation--Handbook'' contains 
information on how to prepare this GBL form. This handbook is available 
at https://www.gsa.gov/transaudits.

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 
74 FR 30475, June 26, 2009; 87 FR 32324, May 31, 2022]



Sec.  102-118.110  Where can I find the rules governing the use of
a Government Transportation Request?

    The ``U.S. Government Passenger Transportation--Handbook'' contains 
information on how to prepare this GTR form. This handbook is available 
at https://www.gsa.gov/transaudits.

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004: 
74 FR 30475, June 26, 2009; 87 FR 32324, May 31, 2022]



Sec.  102-118.115  Must my agency use a GBL?

    No, your agency is not required to use a GBL and must use commercial 
payment practices to the maximum extent possible. Effective March 31, 
2002, your agency must phase out the use of the GBL for domestic 
shipments. After this date, your agency may use the GBL solely for 
international shipments.

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001; 
87 FR 32324, May 31, 2022]



Sec.  102-118.120  Must my agency use a GTR?

    No, your agency is not required to use a GTR. Your agency must adopt 
commercial practices and eliminate GTR use to the maximum extent 
possible.



Sec.  102-118.125  What if my agency uses a TD other than a GBL?

    If your agency uses any other TD for shipping under its account, the 
requisite and the named safeguards must be in place (i.e., terms and 
conditions found herein and in the ``U.S. Government Freight 
Transportation--Handbook,'' appropriate numbering, etc.).



Sec.  102-118.130  Must my agency use a GBL for express, courier,
or small package shipments?

    No, however, in using commercial forms all shipments must be subject 
to the terms and conditions set forth for

[[Page 386]]

use of a bill of lading for the Government. Any other non-conflicting 
applicable contracts or agreements between the TSP and an agency 
involving buying transportation services for Government traffic remain 
binding. This purchase does not require a SF 1113. When you are using 
GSA's schedule for small package express delivery, the terms and 
conditions of that contract are binding.



Sec.  102-118.135  Where are the mandatory terms and conditions
governing the use of bills of lading?

    The mandatory terms and conditions governing the use of bills of 
lading are contained in this part and the ``U.S. Government Freight 
Transportation Handbook.''



Sec.  102-118.140  What are the major mandatory terms and conditions 
governing the use of GBLs and bills of lading?

    The mandatory terms and conditions governing the use of GBLs and 
bills of lading are:
    (a) Unless otherwise permitted by statute and approved by the 
agency, the TSP may not demand prepayment or collect charges from the 
consignee. The TSP, providing service under the bill of lading, must 
present a legible copy of the bill of lading or an original, properly 
certified GBL attached to Standard Form (SF) 1113, Public Voucher for 
Transportation Charges, to the paying office for payment. An agency may 
choose not to require that an SF 1113 be attached to the bill of lading 
and invoice if the TSP submits invoices using the agency's approved 
third-party payment system (TPPS);
    (b) The shipment must be made at the restricted or limited valuation 
specified in the tariff or classification or limited contract, 
arrangement or exemption at or under which the lowest rate is available, 
unless indicated on the GBL or bill of lading. (This is commonly 
referred to as an alternation of rates);
    (c) Receipt for the shipment is subject to the consignee's 
annotation of loss, damage, or shrinkage on the delivering TSP's 
documents and the consignee's copy of the same documents. If loss or 
damage is discovered after delivery or receipt of the shipment, the 
consignee must promptly notify the nearest office of the last delivering 
TSP and extend to the TSP the privilege of examining the shipment;
    (d) The rules and conditions governing commercial shipments for the 
time period within which notice must be given to the TSP, or a claim 
must be filed, or suit must be instituted, shall not apply if the 
shipment is lost, damaged or undergoes shrinkage in transit. Only with 
the written concurrence of the Government official responsible for 
making the shipment is the deletion of this item considered to be valid;
    (e) Interest shall accrue from the voucher payment date on the 
overcharges made and shall be paid at the same rate in effect on that 
date as published by the Secretary of the Treasury pursuant to the Debt 
Collection Act of 1982 31 U.S.C. 3717); and
    (f) Additional mandatory terms and conditions are in this part and 
the ``U.S. Government Freight Transportation--Handbook.''

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57619, Sept. 24, 2004; 
87 FR 32324, May 31, 2022]



Sec.  102-118.145  Where are the mandatory terms and conditions
governing the use of passenger transportation documents?

    The mandatory terms and conditions governing the use of passenger 
transportation documents are contained in this part and the ``U.S. 
Government Passenger Transportation--Handbook.''



Sec.  102-118.150  What are the major mandatory terms and conditions
governing the use of passenger transportation documents?

    The mandatory terms and conditions governing the use of passenger 
transportation documents are:
    (a) Government travel must be via the lowest cost available, that 
meets travel requirements; e.g., Government contract, fare, through, 
excursion, or reduced one way or round trip fare. This should be done by 
entering the term ``lowest coach'' on the Government travel document if 
the specific fare basis is not known;

[[Page 387]]

    (b) The U.S. Government is not responsible for charges exceeding 
those applicable to the type, class, or character authorized in 
transportation documents;
    (c) The U.S. Government contractor-issued charge card must be used 
to the maximum extent possible to procure passenger transportation 
tickets. GTRs must be used minimally;
    (d) Government passenger transportation documents must be in 
accordance with Federal Travel Regulation Chapters 300 and 301 (41 CFR 
chapters 300 and 301), and the ``U.S. Government Passenger 
Transportation--Handbook'';
    (e) Interest shall accrue from the voucher payment date on 
overcharges made hereunder and shall be paid at the same rate in effect 
on that date as published by the Secretary of the Treasury pursuant to 
the Debt Collection Act of 1982;
    (f) The TSP must insert on the TD any known dates on which travel 
commenced;
    (g) The issuing official or traveler, by signature, certifies that 
the requested transportation is for official business;
    (h) The TSP must not honor any request containing erasures or 
alterations unless the TD contains the authentic, valid initials of the 
issuing official; and
    (i) Additional mandatory terms and conditions are in this part and 
the ``U. S. Government Passenger Transportation--Handbook.''



Sec.  102-118.155  How does my agency handle supplemental billings from
the TSP after payment of the original bill?

    Your agency must process, review, and verify supplemental billings 
using the same procedures as on an original billing. If the TSP disputes 
the findings, your agency must attempt to resolve the disputed amount.



Sec.  102-118.160  Who is liable if my agency makes an overpayment
on a transportation bill?

    If the agency conducts prepayment audits of its transportation 
bills, agency transportation certifying and disbursing officers are 
liable for any overpayments made. If GSA has granted a waiver to the 
prepayment audit requirement and the agency performs a postpayment audit 
(31 U.S.C. 3528 and 31 U.S.C. 3322) neither the certifying nor 
disbursing officers are liable for the reasons listed in these two cited 
statutes.



Sec.  102-118.165  What must my agency do if it finds an error on
a TSP bill?

    Your agency must advise the TSP via statement of difference of any 
adjustment that you make either electronically or in writing within 7 
days of receipt of the bill, as required by the Prompt Payment Act (31 
U.S.C. 3901, et seq.). This notice must include the TSP's taxpayer 
identification number, standard carrier alpha code, bill number and 
document reference number, agency name, amount requested by the TSP, 
amount paid, payment voucher number, complete tender or tariff 
authority, the applicable rate authority and the complete fiscal 
authority including the appropriation.



Sec.  102-118.170  Will GSA continue to maintain a centralized 
numbering system for Government transportation documents?

    No. For GTRs, GBLs, and commercial TDs, each agency must create a 
unique numbering system to account for and prevent duplicate numbers.

[87 FR 32325, May 31, 2022]



              Subpart C_Use of Government Billing Documents

 Terms and Conditions Governing Acceptance and Use of a Government Bill 
 of Lading (GBL) or Government Transportation Request (GTR) (Until Form 
                               Retirement)



Sec.  102-118.185  When buying freight transportation, must my agency 
reference the applicable contract or tender on the bill of lading
(including a GBL)?

    Yes, your agency must reference the applicable contract or tender 
when buying transportation on a bill of lading (including GBLs). 
However, the referenced information on a GBL or bill of lading does not 
limit an audit of charges.

[[Page 388]]



Sec.  102-118.190  When buying passenger transportation must my agency
reference the applicable contract?

    Yes, when buying passenger transportation, your agency must 
reference the applicable contract on a GTR or passenger transportation 
document (e.g., ticket).



Sec.  102-118.195  What documents must a transportation service provider
(TSP) send to receive payment for a transportation billing?

    For shipments bought on a TD, the TSP must submit an original 
properly certified GBL, PPGBL, or bill of lading and, when appropriate, 
an SF 1113, Public Voucher for Transportation Charges. The TSP must 
submit this package and all supporting documents to the agency paying 
office.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32325, May 31, 2022]



Sec.  102-118.200  Can a TSP demand advance payment for the transportation
charges submitted on a bill of lading (including GBL)?

    No, a TSP cannot demand advance payment for transportation charges 
submitted on a bill of lading (including GBL), unless authorized by law.



Sec.  102-118.205  May my agency pay a subcontractor or agent functioning
as a warehouseman for the TSP providing service under the bill of lading?

    No, your agency may only pay the TSP with whom it has a contract. 
The bill of lading will list the TSP with whom the Government has a 
contract.



Sec.  102-118.210  May my agency use bills of lading other than the
GBL for a transportation shipment?

    Yes, as long as the mandatory terms and conditions contained in this 
part (as also stated on a GBL) apply. The TSP must agree in writing to 
the mandatory terms and conditions (also found in the ``U.S. Government 
Freight Transportation Handbook'') contained in this part.



Sec.  102-118.215  May my agency pay a TSP any extra fees to pay for 
the preparation and use of the GBL or GTR?

    No, your agency must not pay any additional charges for the 
preparation and use of the GBL or GTR. Your agency may not pay a TSP a 
higher rate than comparable under commercial procedures for 
transportation bought on a GBL or GTR.



Sec.  102-118.220  If a transportation debt is owed to my agency by
a TSP because of loss or damage to property, does my agency report
it to GSA?

    No, if your agency has administratively determined that a TSP owes a 
debt resulting from loss or damage, follow your agency regulations.



Sec.  102-118.225  What constitutes final receipt of shipment?

    Final receipt of the shipment occurs when the consignee or a TSP 
acting on behalf of the consignee with the agency's permission, fully 
signs and dates both the delivering TSP's documents and the consignee's 
copy of the same documents indicating delivery and/or explaining any 
delay, loss, damage, or shrinkage of shipment.



Sec.  102-118.230  What if my agency creates or eliminates a field 
office approved to prepare transportation documents?

    Your agency must tell the GSA Transportation Audits Division 
whenever it approves a new or existing agency field office to prepare 
transportation documents or when an agency field office is no longer 
authorized to do so. This notice must show the name, field office 
location of the bureau or office, and the date on which your agency 
granted or canceled its authority to schedule payments for 
transportation service.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32325, May 31, 2022]

[[Page 389]]

Agency Responsibilities When Using Government Bills of Lading (GBLs) or 
                Government Transportation Requests (GTRs)



Sec.  102-118.235  Must my agency keep physical control and 
accountability of the GBL and GTR forms or GBL and GTR numbers?

    Yes, your agency is responsible for the physical control and 
accountability of the GBL and GTR stock and must have procedures in 
place and available for inspection by GSA. Your agency must consider 
these Government transportation documents to be the same as money.



Sec.  102-118.240  How does my agency get GBL and GTR forms?

    The GBL (SF 1103) and GTR (OF 1169) are available in the GSA Forms 
Library at https://www.gsa.gov/forms.

[87 FR 32325, May 31, 2022]



Sec.  102-118.245  How does my agency get an assigned set of GBL or
GTR numbers?

    GSA no longer assigns numbers to GBLs or GTRs. Pursuant to Sec.  
102-118.55(g) you must establish administrative procedures including 
creating a unique numbering system to prevent and detect duplicate 
payments. These procedures should include agency assigned unique numbers 
for GBLs and GTRs.

[87 FR 32325, May 31, 2022]



Sec.  102-118.250  Who is accountable for the issuance and use of
GBL and GTR forms?

    Agencies and employees are responsible for the issuance and use of 
GBL and GTR forms and are accountable for their disposition.



Sec.  102-118.255  Are GBL and GTR forms numbered and used sequentially?

    Yes, GBL and GTR forms are always sequentially numbered when printed 
and/or used. No other numbering of the forms, including additions or 
changes to the prefixes or additions of suffixes, is permitted.

                    Quotations, Tenders or Contracts



Sec.  102-118.260  Must my agency send all quotations, tenders, or
contracts with a TSP to GSA?

    (a) Yes, your agency must send copies of each quotation, tender, or 
contract of special rates, fares, charges, or concessions with TSPs 
including those authorized by 49 U.S.C. 10721 and 13712, upon execution 
[email protected] or General Services Administration, Office of 
Travel, Employee Relocation and Transportation, Attn: Transportation 
Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, 
DC 20405.
    (b) Tenders must be submitted electronically, following the 
instructions provided by the requesting agency. The following 
information must be submitted with the tender:
    (1) Issuing TSP, Bureau, Agency or Conference.
    (2) Tender number.
    (3) Standard Carrier Alpha Code (SCAC).
    (4) TSP Tax Identification Number (TIN).
    (5) Issue date.
    (6) Effective date.
    (7) Expiration date.
    (8) Origin and destination.
    (9) Freight Classification and/or commodity description (including 
origin and destination).
    (10) Rate or charge for line haul rates.
    (11) Minimum weights.
    (12) Route(s).
    (13) Accessorial services description(s) with rate or charge and 
governing publication.
    (14) TSP operating authority.
    (c) The TSP must include a statement that the TSP will adhere and 
agree to the following general terms and conditions. The services 
provided in this tender will be performed in accordance with applicable 
Federal, State and municipal laws and regulations, including Federal 
Management Regulation parts 102-117 and 102-118 (41 CFR parts 102-117 
and 102-118), and the TSP(s) hold(s) the required operating authority to 
transport the commodity

[[Page 390]]

from, to, or between the places specified in the authorized 
certificates, permits or temporary operating authorities.

[69 FR 57619, Sept. 24, 2004, as amended at 74 FR 30475, June 26, 2009; 
87 FR 32325, May 31, 2022]



          Subpart D_Prepayment Audit of Transportation Services

    Source: 81 FR 65300, Sept. 22, 2016, unless otherwise noted.

    Agency Requirements for a Transportation Prepayment Audit Program



Sec.  102-118.265  What is a prepayment audit?

    Prepayment audit means a review of transportation documentation 
before payment to determine their validity, propriety, and conformity of 
rates with tariffs, quotations, agreements, contracts, or tenders. 
Prepayment auditing by your agency will detect and eliminate billing 
errors before payment (31 U.S.C. 3726).



Sec.  102-118.270  Must my agency establish a transportation prepayment
audit program, and how is it funded?

    (a) Yes, under 31 U.S.C. 3726, your agency is required to establish 
a transportation prepayment audit program. Your agency's Chief Financial 
Officer (CFO) must approve the prepayment audit program.
    (b) Your agency must pay for the prepayment audit program from those 
funds appropriated for transportation services.
    (1) Agencies are encouraged to consider using a GSA Transportation 
Audits Division approved third party electronic payment processor for 
transportation invoice processing, payment, and prepayment audit. These 
electronic payment processors are no cost to the agency and are fully 
compliant with GSA Transportation Audits Division prepayment audit 
requirements.
    (2) Use of these third party payment processors generally means your 
agency will not have to provide any additional prepayment or postpayment 
documentation to GSA Transportation Audits Division.



Sec.  102-118.275  What must my agency consider when developing a
transportation prepayment audit program?

    (a) Your agency's transportation prepayment audit program must 
consider all of the methods that your agency uses to order and pay for 
passenger, household goods, and freight transportation to include 
Government contractor-issued charge cards (see Sec.  102-118.35 for 
definition Government contractor-issued charge cards).
    (b) Each method of ordering transportation and transportation 
services for passenger, household goods, and freight transportation may 
require a different kind of prepayment audit process. The manner in 
which your agency orders or procures transportation services determines 
how and by whom the bill for those services will be presented. Your 
agency should ensure that each TSP bill or employee travel voucher 
contains enough information for the prepayment audit to determine which 
contract or rate tender is used and that the type and quantity of any 
additional services are clearly delineated.
    (c) The prepayment audit cannot be conducted by the same firm 
providing the transportation services for the agency. If a move manager 
is being utilized, the move manager may not have any affiliation with or 
financial interest in the transportation company providing the 
transportation services for which the prepayment audit is being 
conducted. Contracts with charge card companies that provide prepayment 
audit services are a valid option. The agency can choose to--
    (1) Create an internal prepayment audit program;
    (2) Contract directly with a prepayment audit service provider;
    (3) Use the services of a prepayment audit contractor under GSA's 
multiple award schedule covering audit services, including 
transportation prepayment audit services (541211 Auditing Services); or
    (4) Use a third-party payment system (TPPS) or charge card company 
that includes prepayment audit functions.

[[Page 391]]

    (d) An appeals process must be established for a TSP to appeal any 
reduction in the amount billed. It is recommended the agency establish 
an electronic appeal process that will direct TSP-filed appeals to an 
agency official for determination of the claim.
    (e) A process to ensure that all agency transportation procurement 
and related documents including contracts and tenders are submitted 
electronically to GSA Transportation Audits Division.
    (f) Use of GSA Transportation Audits Division's Prepayment Audit 
Program template is recommended (contact [email protected] for a copy 
of the template). If the template is not used, provide the same 
information listed on the template to GSA Transportation Audits 
Division.

[81 FR 65300, Sept. 22, 2016, as amended at 87 FR 32325, May 31, 2022]



Sec.  102-118.280  Must all transportation payment records, whether
they are electronic or paper, undergo a prepayment audit?

    Yes, all transportation bills and payment records, whether they are 
electronic or paper, must undergo a prepayment audit with the following 
exceptions:
    (a) Your agency's prepayment audit program uses a statistical 
sampling technique of the bills. If your agency chooses to use 
statistical sampling, all bills must be
    (1) Within the specified limits established by the Comptroller 
General (31 U.S.C. 3521(b)); and
    (2) In compliance with the U.S. Government Accountability Office 
Using Statistical Sampling (GAO/PEMD-10.1.6), Rev. 1992, Chapter 7 
Random Selection Procedures obtainable from http://www.gao.gov; or
    (b) The Administrator of General Services grants your agency a 
specific exemption from the prepayment audit requirement which may 
include bills determined to be below your agency's threshold, mode or 
modes of transportation, or for an agency or subagency.

[81 FR 65300, Sept. 22, 2016, as amended at 87 FR 32325, May 31, 2022]



Sec.  102-118.285  What must be included in an agency's transportation 
prepayment audit program?

    The agency prepayment audit program must include--
    (a) The agency's CFO approval of the transportation prepayment audit 
program with submission to GSA Transportation Audits Division;
    (b) Compliance with the Prompt Payment Act (31 U.S.C. 3901, et 
seq.);
    (c) Assurance that each TSP bill or employee travel voucher contains 
appropriate information for the prepayment audit to determine which 
contract or rate tender is used and that the type and quantity of any 
additional services are clearly delineated;
    (d) Verification of all transportation bills against filed rates and 
charges before payment;
    (e) A process to forward all transportation documentation (TD) 
monthly to the GSA Transportation Audits Division.
    (1) GSA Transportation Audits Division can provide your agency a 
Prepayment Audit Program with a monthly reporting template upon request 
at [email protected] (see Sec.  102-118.35 for definition TD).
    (2) In addition to the requirements for agencies to maintain 
transportation records, GSA will store paid transportation bills in 
accordance with the General Records Schedule 1.1 et seq. (36 CFR chapter 
XII, part 1220). GSA will arrange for storage of any document requiring 
special handling, such as bankruptcy and court cases. These bills will 
be retained pursuant to 44 U.S.C. 3309 until claims have been settled;
    (f) Establish procedures in which transportation bills not subject 
to prepayment audit, such as bills for unused tickets and charge card 
billings, are handled separately and are also forwarded monthly to the 
GSA Transportation Audits Division;
    (g) A minimum dollar threshold for transportation bills subject to 
audit;
    (h) A statement in a cost reimbursable contracts contract or rate 
tender that the contractor shall submit to the address and in the 
electronic format identified for prepayment audit, transportation 
documents which show that the United States will assume freight

[[Page 392]]

charges that were paid by the contractor. Cost reimbursable contractors 
shall only submit for audit bills of lading with freight shipment 
charges exceeding $100.00. Bills under $100.00 shall be retained on-site 
by the contractor and made available for on-site Government audits 
(Federal Acquisition Regulation (FAR) 52.247-67);
    (i) Require your agency's paying office to offset, if directed by 
GSA's Transportation Audits Division, debts from amounts owed to the TSP 
within the 3 years (31 U.S.C. 3726(d));
    (j) A process to ensure complete and accurate audits of all 
transportation bills and notification to the TSP of any adjustment 
within 7 calendar days of receipt of the bill;
    (k) An appeals process as part of the approved prepayment audit 
program for a TSP to appeal any reduction in the amount billed. Refer to 
Sec.  102-118.295 for details regarding the appeals process.
    (l) Accurate notices and agency procedures for notifying the TSPs 
with a detailed description of the reasons for any full or partial 
rejection of the stated charges on the invoice. Refer to Sec.  102-
118.290 for notice requirements; and
    (m) A unique agency numbering system to handle commercial paper and 
practices (see Sec.  102-118.55 for information on administrative 
procedures your agency must establish).

[81 FR 65300, Sept. 22, 2016, as amended at 87 FR 32325, May 31, 2022]

        Agency Requirements With Transportation Service Providers



Sec.  102-118.290  Must my agency notify the TSP of any adjustment
to the TSP bill?

    (a) Yes, your agency must notify the TSP of any adjustment to the 
TSP bill either electronically or in writing within seven calendar days 
of the agency receipt of the bill.
    (b) This notice must include:
    (1) TSP's bill number;
    (2) Agency name;
    (3) TSP's TIN;
    (4) SCAC;
    (5) DRN;
    (6) Date invoice submitted;
    (7) Amount billed;
    (8) Date invoice was approved for payment;
    (9) Date and amount agency paid;
    (10) Payment location number and agency organization name;
    (11) Payment voucher number;
    (12) Complete contract, tender or tariff authority, including item 
or section number;
    (13) Reason for the adjustment; and
    (14) Complete information on the agency appeal process.
    (c) A TSP must submit claims to the agency within three years under 
the guidelines established in subpart F, Claims and Appeals Procedures, 
of this part.



Sec.  102-118.295  Does my agency transportation prepayment audit
program need to establish appeal procedures?

    Yes, your agency must establish, in the approved prepayment audit 
program, an appeals process for a TSP to appeal any reduction in the 
amount billed. It is recommended the agency establish an electronic 
appeal process that will direct TSP-filed appeals to an agency official 
for determination of the claim. Your agency must complete the review of 
the appeal and inform the TSP of the agency determination within 30 
calendar days of the receipt of the appeal, either electronically or in 
writing.



Sec.  102-118.300  What must my agency do if the TSP disputes the
findings and my agency cannot resolve the dispute?

    (a) If your agency is unable to resolve the disputed amount with the 
TSP, your agency must submit, within 30 calendar days, all relevant 
transportation documentation associated with the dispute, including a 
complete billing history and the appropriation or fund charged, to GSA 
Transportation Audits Division by email at [email protected], or by 
mail to: U.S. General Services Administration, 1800 F St. NW., 3rd 
Floor, Mail Hub 3400, Washington, DC 20405.
    (b) The GSA Transportation Audits Division will review the appeal of 
an agency's final, full, or partial denial of a claim and issue a 
decision within 30 calendar days of receipt of appeal.

[[Page 393]]

    (c) A TSP must submit claims to the agency within three years under 
the guidelines established in subpart F of this part.



Sec.  102-118.305  What information must be on all transportation
payment records that have completed my agency's prepayment audit?

    (a) The following information must be annotated on all 
transportation payment records, electronically or on paper, that have 
completed your agency's prepayment audit and for submission to GSA 
Transportation Audits Division:
    (1) The date the bill was received from a TSP;
    (2) A TSP's invoice number;
    (3) Your agency name;
    (4) DRN;
    (5) Amount billed;
    (6) Date invoice was approved for payment;
    (7) Date and amount agency paid;
    (8) Payment location code number and office or organization name;
    (9) Payment voucher number;
    (10) Complete contract, tender or tariff authority, including item 
or section number;
    (11) The TSP's TIN;
    (12) The TSP's SCAC;
    (13) The auditor's authorization code or initials; and
    (14) A copy of any statement of difference and the date it was sent 
to the TSP.
    (b) Your agency can find added guidance in the ``U.S. Government 
Freight Transportation Handbook.'' This handbook is located at 
www.gsa.gov/transaudits.



Sec.  102-118.310  What does the GSA Transportation Audits Division
consider when verifying an agency prepayment audit program?

    GSA Transportation Audit Division bases verification of agency 
prepayment audit programs on objective cost-savings, paperwork 
reductions, current audit standards, and other positive improvements, as 
well as adherence to the guidelines listed in this part.



Sec.  102-118.315  How does my agency contact the GSA Transportation
Audits Division?

    Your agency may contact the GSA Transportation Audits Division at 
[email protected].



Sec.  102-118.320  What action should my agency take if the agency's
transportation prepayment audit program changes?

    (a) If your agency's transportation prepayment audit program changes 
in any way to include changes in prepayment auditors, your agency must 
submit the CFO-approved revised transportation prepayment audit program 
to GSA Transportation Audits Division via email at [email protected], 
Subject line: Agency PPA-Revised.
    (b) If GSA determines the agency's approved plan is insufficient, 
GSA will contact the agency CFO to inform of the prepayment audit 
program deficiencies and request corrective action and resubmission to 
GSA Transportation Audits Division.

                Agency Certifying and Disbursing Officers



Sec.  102-118.325  Does establishing an agency Chief Financial Officer-
approved transportation prepayment audit program change the
responsibilities of the certifying officers?

    No, in a prepayment audit program, the official certifying a 
transportation voucher is held liable for verifying transportation 
rates, freight classifications, and other information provided on a 
transportation billing instrument or transportation request undergoing a 
prepayment audit (31 U.S.C. 3528).



Sec.  102-118.330  Does a transportation prepayment audit waiver 
change any liabilities of the certifying officer?

    Yes, a certifying official is not personally liable for verifying 
transportation rates, freight classifications, or other information 
provided on a bill of lading or passenger transportation request when 
the Administrator of General Services or designee waives the prepayment 
audit requirement and your agency uses postpayment audits.

[[Page 394]]



Sec.  102-118.335  What relief from liability is available for the
certifying official under a transportation postpayment audit?

    The agency counsel relieves a certifying official from liability for 
transportation overpayments in cases where--
    (a) Postpayment is the approved method of auditing;
    (b) The overpayment occurred solely because the administrative 
review before payment did not verify transportation rates; and
    (c) The overpayment was the result of using improper transportation 
rates or freight classifications or the failure to deduct the correct 
amount under a land grant law or agreement.



Sec.  102-118.340  Do the requirements of a transportation prepayment
audit change the disbursing official's liability for overpayment?

    No, the disbursing official has a liability for overpayments on all 
transportation bills subject to prepayment audit (31 U.S.C. 3322).



Sec.  102-118.345  Where does relief from transportation prepayment
audit liability for certifying, accountable, and disbursing officers
reside in my agency?

    Your agency's counsel has the authority to relieve liability and 
give advance opinions on liability issues to certifying, accountable, 
and disbursing officers (31 U.S.C. 3527).

 Exemptions and Suspensions of the Mandatory Transportation Prepayment 
                              Audit Program



Sec.  102-118.350  What agency has the authority to grant an exemption
from the transportation prepayment audit requirement?

    Only the Administrator of General Services or their designee has the 
authority to grant an exemption for a specific time period from the 
prepayment audit requirement. The Administrator may exempt bills, a 
particular mode or modes of transportation, or an agency or subagency 
from a prepayment audit and verification and in lieu thereof require a 
postpayment audit, based on cost effectiveness, public interest, or 
other factors the Administrator considers appropriate (31 U.S.C. 
3726(a)(2)).



Sec.  102-118.355  How does my agency apply for an exemption from a
transportation prepayment audit requirement?

    Your agency must submit a request for an exemption from the 
requirement to perform transportation prepayment audits by email to 
[email protected], Subject Line: Prepayment Audit Exemption Request. 
The agency exemption request must explain in detail why the request is 
submitted based on cost effectiveness, public interest, or other factors 
the Administrator considers appropriate, such as transportation modes, 
dollar thresholds, adversely affecting the agency's mission, or is not 
feasible (31 U.S.C. 3726(a)(2)).



Sec.  102-118.360  How long will GSA take to respond to an exemption
request from a transportation prepayment audit requirement?

    GSA will respond to the exemption from the transportation prepayment 
audit requirement request within 180 calendar days from the date of 
receipt.



Sec.  102-118.365  Can my agency renew an exemption from the transportation
prepayment audit requirements?

    It may be possible for your agency to be granted a prepayment audit 
exemption extension. Your agency must submit a request for the extension 
to GSA Transportation Audits Division at least six months in advance of 
the current exemption expiration.



Sec.  102-118.370  Are my agency's prepayment audited transportation
documentation subject to periodic postpayment audit oversight from the
GSA Transportation Audits Division?

    Yes. All your agency's prepayment audited transportation documents 
are subject to the GSA Transportation Audits Division postpayment audit 
oversight. Upon request, GSA Transportation Audits Division will provide 
a report analyzing your agency's prepayment audit program.

[[Page 395]]



Sec.  102-118.375  Can GSA suspend my agency's transportation prepayment
audit program?

    (a) Yes. The Director of the GSA Transportation Audits Division may 
suspend your agency's transportation prepayment audit program until the 
agency corrects their prepayment audit program deficiencies. This 
suspension may be in whole or in part. If GSA suspends your agency's 
transportation prepayment audit and GSA assumes responsibility for 
auditing an agencies prepayment audit program, the agency will reimburse 
GSA for the expense.
    (b) This suspension determination is based on identification of a 
systematic or frequent failure of the agency's transportation prepayment 
audit program to--
    (1) Conduct a prepayment audit of your agency's transportation 
bills; and/or
    (2) Abide by the terms of the Prompt Payment Act (31 U.S.C. 3901, et 
seq.);
    (3) Adjudicate TSP claims disputing prepayment audit positions of 
the agency regularly within 30 calendar days of receipt;
    (4) Follow Comptroller General decisions, Civilian Board of Contract 
Appeals decisions, the Federal Management Regulation and GSA 
instructions or precedents about substantive and procedure matters; and/
or
    (5) Provide information and data or to cooperate with on-site 
inspections necessary to conduct a quality assurance review.



               Subpart E_Postpayment Transportation Audits

    Source: 81 FR 65303, Sept. 22, 2016, unless otherwise noted.



Sec.  102-118.400  What is a transportation postpayment audit?

    Postpayment audit means an audit of transportation billing documents 
after payment to decide their validity, propriety, and conformity of 
rates with tariffs, quotations, agreements, contracts, or tenders. The 
audit may also include subsequent adjustments and collection actions 
taken against a TSP by the Government (31 U.S.C. 3726).



Sec.  102-118.405  Who conducts a transportation postpayment audit?

    The Administrator of General Services (GSA) has a congressionally 
mandated responsibility under 31 U.S.C. 3726 to perform oversight on 
transportation bills. The GSA Transportation Audits Division 
accomplishes this oversight by conducting postpayment audits of all 
agencies' transportation bills.



Sec.  102-118.410  If agencies perform the mandatory transportation
prepayment audit, will this eliminate the requirement for a transportation
postpayment audit conducted by GSA?

    No, agency compliance to the mandatory transportation prepayment 
audit does not eliminate the requirement of the transportation 
postpayment audit conducted by GSA (31 U.S.C. 3726).



Sec.  102-118.415  Can the Administrator of General Services exempt 
the transportation postpayment audit requirement?

    Yes. The Administrator of General Services or designee may exempt, 
for a specified time, an agency or subagency from the GSA transportation 
postpayment audit oversight requirements of this subpart. The 
Administrator can also exempt a particular mode or modes of 
transportation (31 U.S.C. 3726).

[81 FR 65303, Sept. 22, 2016, as amended at 87 FR 32325, May 31, 2022]



Sec.  102-118.420  Is my agency allowed to perform a postpayment
audit on our transportation documents?

    No. Your agency may not perform a transportation postpayment audit 
unless granted an exemption and specifically directed to do so by the 
Administrator in lieu of a prepayment audit. Whether such an exemption 
is granted or not, your agency must forward all transportation documents 
(TD) to GSA for postpayment audit (see Sec.  102-118.35 for definition 
TD).

[[Page 396]]



Sec.  102-118.425  Is my agency required to forward all transportation 
documents to GSA Transportation Audits Division, and what information
must be on these documents?

    (a) Yes, your agency must provide all TDs to GSA Transportation 
Audits Division (see Sec.  102-118.35 for definition TD).
    (b) The following information must be annotated on all TDs and bills 
that have completed your agency's prepayment audit for submission to GSA 
Transportation Audits Division:
    (1) The date the bill was received from a TSP;
    (2) A TSP's invoice number;
    (3) Your agency name;
    (4) A DRN;
    (5) Amount billed;
    (6) Date invoice was approved for payment;
    (7) Payment date and amount agency paid;
    (8) Payment location code number and office name;
    (9) Payment voucher number;
    (10) Complete contract, tender, or tariff authority, including item 
or section number;
    (11) The TSP's TIN;
    (12) The TSP's SCAC;
    (13) The auditor's full name, email address, contact telephone 
number, and authorization code; and
    (14) A copy of any statement of difference sent to the TSP.
    (c) Your agency can find additional guidance in the ``U.S. 
Government Freight Transportation Handbook.'' This handbook is located 
at www.gsa.gov/transaudits.



Sec.  102-118.430  What is the process the GSA Transportation Audits
Division employs to conduct a postpayment audit?

    The GSA Transportation Audits Division
    (a) Audits select TSP bills after payment;
    (b) Audits select TSP bills before payment as needed to protect the 
Government's interest;
    (c) Examines, settles, and adjusts accounts involving payment for 
transportation and related services for the account of agencies;
    (d) Adjudicates and settles transportation claims by and against 
agencies;
    (e) Offsets an overcharge by any TSP from an amount subsequently 
found to be due that TSP;
    (f) Issues a Notice of Overcharge stating that a TSP owes a debt to 
the agency. This notice states the amount paid and the basis for the 
proper charge for the document reference number (DRN), and cites 
applicable contract, tariff, or tender, along with other data relied on 
to support the overcharge; and
    (g) Issues a GSA Notice of Indebtedness when a TSP owes an ordinary 
debt to an agency. This notice states the basis for the debt, the TSP's 
rights, interest, penalty, and other results of nonpayment. The debt is 
due immediately and is subject to interest charges, penalties, and 
administrative cost under 31 U.S.C. 3717.



Sec.  102-118.435  What are the transportation postpayment audit roles
and responsibilities of the GSA Transportation Audits Division?

    (a) The GSA Transportation Audits Division role is to perform the 
oversight responsibility of transportation prepayment and postpayment 
granted to the Administrator. The GSA Transportation Audits Division 
will--
    (1) Examine and analyze transportation documents and payments to 
discover their validity, relevance and conformity with tariffs, 
quotations, contracts, agreements, or tenders and make adjustments to 
protect the interest of an agency;
    (2) Examine, adjudicate, and settle transportation claims by and 
against the agency;
    (3) Collect from TSPs by refund, setoff, offset, or other means, the 
amounts determined to be due the agency;
    (4) Adjust, terminate, or suspend debts due on TSP overcharges;
    (5) Prepare reports to the Attorney General of the United States 
with recommendations about the legal and technical bases available for 
use in prosecuting or defending suits by or against an agency and 
provide technical, fiscal, and factual data from relevant records;
    (6) Provide transportation specialists and lawyers to serve as 
expert witnesses; assist in pretrial conferences; draft pleadings, 
orders, and briefs; and

[[Page 397]]

participate as requested in connection with transportation suits by or 
against an agency;
    (7) Review agency policies, programs, and procedures to determine 
their adequacy and effectiveness in the audit of freight or passenger 
transportation payments, and review related fiscal and transportation 
practices;
    (8) Furnish information on rates, fares, routes, and related 
technical data upon request;
    (9) Inform an agency of irregular shipping routing practices, 
inadequate commodity descriptions, excessive transportation cost 
authorizations, and unsound principles employed in traffic and 
transportation management; and
    (10) Confer with individual TSPs or related groups and associations 
presenting specific modes of transportation to resolve mutual problems 
concerning technical and accounting matters, and providing information 
on requirements.
    (b) The Administrator of General Services may provide transportation 
audit and related technical assistance services, on a reimbursable 
basis, to any other agency. Such reimbursements may be credited to the 
appropriate revolving fund or appropriation from which the expenses were 
incurred (31 U.S.C. 3726(j)).



Sec.  102-118.440  Does my agency pay for a transportation postpayment
audit conducted by the GSA Transportation Audits Division?

    The GSA Transportation Audits Division does not charge agencies a 
fee for conducting the transportation postpayment audit. Transportation 
postpayment audits expenses are financed from overpayments collected 
from the TSP's bills previously paid by the agency and similar type of 
refunds. However, if a postpayment audit is conducted in lieu of a 
prepayment audit at the request of an agency, or if there are additional 
services required, GSA may charge the agency.



Sec.  102-118.445  How do I contact the GSA Transportation Audits Division?

    You may contact the GSA Transportation Audits Division by email at 
[email protected].



                 Subpart F_Claims and Appeal Procedures

                General Agency Information for All Claims



Sec.  102-118.450  Can a TSP file a transportation claim against
my agency?

    Yes, a TSP may file a transportation claim against your agency under 
31 U.S.C. 3726 for:
    (a) Amounts owed but not included in the original billing;
    (b) Amounts deducted or set off by an agency that are disputed by 
the TSP;
    (c) Requests by a TSP for amounts previously refunded in error by 
that TSP; and/or
    (d) Unpaid original bills requiring direct settlement by GSA, 
including those subject to doubt about the suitability of payment 
(mainly bankruptcy or fraud).



Sec.  102-118.455  What is the time limit for a TSP to file a 
transportation claim against my agency?

    The time limits on a TSP transportation claim against the Government 
differ by mode as shown in the following table:

                   Time Limits on Actions Taken by TSP
------------------------------------------------------------------------
              Mode                  Freight charges         Statute
------------------------------------------------------------------------
(a) Air Domestic................  6 years...........  28 U.S.C. 2401,
                                                       2501.
(b) Air International...........  6 years...........  28 U.S.C. 2401,
                                                       2501.
(c) Freight Forwarders (subject   3 years...........  49 U.S.C.
 to the IC Act).                                       14705(f).
(d) Motor.......................  3 years...........  49 U.S.C.
                                                       14705(f).
(e) Rail........................  3 years...........  49 U.S.C.
                                                       14705(f).
(f) Water (subject to the IC      3 years...........  49 U.S.C.
 Act).                                                 14705(f).
(g) Water (not subject to the IC  2 years...........  46 U.S.C. 745.
 Act).
(h) TSPs exempt from regulation.  6 years...........  28 U.S.C. 2401,
                                                       2501.
------------------------------------------------------------------------


[[Page 398]]



Sec.  102-118.460  What is the time limit for my agency to file a court
claim with a TSP for freight charges, reparations, and loss or damage to
the property?

    Statutory time limits vary depending on the mode and the service 
involved and may involve freight charges. The following tables list the 
time limits:

                     (a) Time Limits on Actions Taken by the Federal Government Against TSPs
----------------------------------------------------------------------------------------------------------------
                 Mode                      Freight charges            Reparations            Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) Rail.............................  3 years................  3 years................  6 years.
                                       49 U.S.C. 11705........  49 U.S.C. 11705........  28 U.S.C. 2415.
----------------------------------------------------------------------------------------------------------------
(2) Motor............................  3 years................  3 years................  6 years.
                                       49 U.S.C...............  49 U.S.C...............  28 U.S.C. 2415.
                                       14705(f)...............  14705(f)...............
----------------------------------------------------------------------------------------------------------------
(3) Freight Forwarders subject to the  3 years................  3 years................  6 years.
 IC Act.                               49 U.S.C...............  49 U.S.C...............  28 U.S.C. 2415.
                                       14705(f)...............  14705(f)...............
----------------------------------------------------------------------------------------------------------------
(4) Water (subject to the IC Act)....  3 years................  3 years................  6 years.
                                       49 U.S.C...............  49 U.S.C...............  28 U.S.C. 2415.
                                       14705(f)...............  14705(f)...............
----------------------------------------------------------------------------------------------------------------
(5) Water (not subject to the IC Act)  6 years 28 U.S.C. 2415.  2 years 46 U.S.C. 821..  1 year.
                                                                                         46 U.S.C.
                                                                                         1303(6) (if subject to
                                                                                          Carriage of Goods by
                                                                                          Sear Act, 46 U.S.C.
                                                                                          1300-1315).
----------------------------------------------------------------------------------------------------------------
(6) Domestic Air.....................  6 years................  .......................  6 years.
                                       28 U.S.C. 2415.........                           28 U.S.C. 2415.
----------------------------------------------------------------------------------------------------------------
(7) International Air................  6 years................  .......................  2 years.
                                       28 U.S.C. 2415.........                           49 U.S.C. 40105.
----------------------------------------------------------------------------------------------------------------


         (b) Time Limits on Actions Taken by the Federal Government Against TSPs Exempt From Regulation
----------------------------------------------------------------------------------------------------------------
                 Mode                          Freight                Reparations            Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) All..............................  6 years................  .......................  6 years.
                                       28 U.S.C. 2415.........                           28 U.S.C. 2415.
----------------------------------------------------------------------------------------------------------------



Sec.  102-118.465  Must my agency pay interest on a disputed amount 
claimed by a TSP?

    No, interest penalties under the Prompt Payment Act, (31 U.S.C. 
3901, et seq.), are not required when payment is delayed because of a 
dispute between an agency and a TSP.



Sec.  102-118.470  Are there statutory time limits for a TSP on
filing an administrative claim with the GSA Transportation Audits Division?

    Yes, an administrative claim must be received by the GSA 
Transportation Audits Division or its designee (the agency where the 
claim arose) within 3 years beginning the day after the latest of the 
following dates (except in time of war):
    (a) Accrual of the cause of action;
    (b) Payment of charges for the transportation involved;
    (c) Subsequent refund for overpayment of those charges; or
    (d) Deductions made to a TSP claim by the Government under 31 U.S.C. 
3726.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32325, May 31, 2022]

[[Page 399]]



Sec.  102-118.475  Does interest apply after certification of
payment of claims?

    Yes, interest under the Prompt Payment Act (31 U.S.C. 3901, et seq.) 
begins 30 days after certification for payment by GSA.



Sec.  102-118.480  How does my agency settle disputes with a TSP?

    As a part of the prepayment audit program, your agency must have a 
plan to resolve disputes with a TSP. This program must allow a TSP to 
appeal payment decisions made by your agency.



Sec.  102-118.485  Is there a time limit for my agency to issue a
decision on disputed claims?

    Yes, your agency must issue a ruling on a disputed claim within 30 
days of receipt of the claim.



Sec.  102-118.490  What if my agency fails to settle a dispute within
30 days?

    (a) If your agency fails to settle a dispute within 30 days, the TSP 
may appeal to: General Services Administration, Office of Travel, 
Employee Relocation and Transportation, Attn: Transportation Audits 
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 
20405; or electronically at: https://tams.gsa.gov.
    (b) If the TSP disagrees with the administrative settlement by the 
GSA Transportation Audits Division, the TSP may appeal to the Civilian 
Board of Contract Appeals.

[87 FR 32325, May 31, 2022]



Sec.  102-118.495  May my agency appeal a decision by the Civilian Board
of Contract Appeals (CBCA)?

    No, your agency may not appeal a decision made by the CBCA.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]



Sec.  102-118.500  How does my agency handle a voluntary refund
submitted by a TSP?

    (a) An agency must report all voluntary refunds to the GSA 
Transportation Audits Division (so that no Notice of Overcharge or 
financial offset occurs), unless other arrangements are made (e.g., 
charge card refunds, etc.). These reports must be addressed to: General 
Services Administration, Office of Travel, Employee Relocation and 
Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 
3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to: 
[email protected].
    (b) Once a Notice of Overcharge is issued by the GSA Transportation 
Audits Division, then any refund is no longer considered voluntary and 
the agency must forward the refund to the GSA Transportation Audits 
Division.

[87 FR 32325, May 31, 2022]



Sec.  102-118.505  Must my agency send a voluntary refund to the
Treasurer of the United States?

    No, your agency may keep and use voluntary refunds submitted by a 
TSP, if the refund was made prior to a Notice of Overcharge issued by 
the GSA Transportation Audits Division.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32325, May 31, 2022]



Sec.  102-118.510  Can my agency revise or alter a GSA Form 7931, 
Certificate of Settlement?

    Generally, no, an agency must not revise or alter amounts on a GSA 
Form 7931. The only change an agency can make to a GSA Form 7931 is to 
change the agency financial data to a correct cite. Any GSA Form 7931 
that cannot be paid (e.g., an amount previously paid), must be 
immediately returned to the GSA Transportation Audits Division with an 
explanation.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.515  Does my agency have any recourse not to pay
a Certificate of Settlement?

    No, a Certificate of Settlement is the final administrative action.



Sec.  102-118.520  Who is responsible for determining the standards
for collection, compromise, termination, or suspension of collection 
action on any outstanding debts to my agency?

    Under the Federal Claims Collection Act of 1966, as amended (31 
U.S.C. 3711, et seq.), the Secretary of the Treasury and the Attorney 
General have joint

[[Page 400]]

responsibility for issuing standards for your agency.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.525  What are my agency's responsibilities for verifying 
the correct amount of transportation charges?

    Your agency's employees are responsible for diligently verifying the 
correct amount of transportation charges prior to payment (31 U.S.C. 
3527).



Sec.  102-118.530  Will GSA instruct my agency's disbursing offices
to offset unpaid TSP billings?

    Yes, GSA will instruct one or more of your agency's disbursing 
offices to deduct the amount due from an unpaid TSP's bill. A 3-year 
limitation applies on the deduction of overcharges from amounts due a 
TSP (31 U.S.C. 3726). For ordinary debt there is no limitation on the 
period within which an offset may be initiated or taken (31 U.S.C. 
3716).

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.535  Are there principles governing my agency's TSP
debt collection procedures?

    Yes, the principles governing your agency collection procedures for 
reporting debts to the Government Accountability Office (GAO) or the 
Department of Justice are found in 31 CFR chapter IX and in the GAO 
Policy and Procedures Manual for Guidance of Federal Agencies (https://
www.gao.gov/products/149099).

[87 FR 32326, May 31, 2022]



Sec.  102-118.540  Who has the authority to audit, settle accounts,
and/or start collection action for all transportation services provided 
for my agency?

    The Director of the GSA Transportation Audits Division has the 
authority and responsibility to audit and settle all transportation 
related accounts (31 U.S.C. 3726). The reason for this is that he or she 
has access to Governmentwide data on a TSP's payments and billings with 
the Government. Your agency has the responsibility to correctly pay 
individual transportation claims.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]

        Transportation Service Provider (TSP) Filing Requirements



Sec.  102-118.545  What information must a TSP claim include?

    Transportation service provider (TSP) claims received by GSA or its 
designee must include one of the following:
    (a) The signature of an individual or party legally entitled to 
receive payment for services on behalf of the TSP;
    (b) The signature of the TSP's agent or attorney accompanied by a 
duly executed power of attorney or other documentary evidence of the 
agent's or attorney's right to act for the TSP; or
    (c) An electronic signature, when mutually agreed upon.



Sec.  102-118.550  How does a TSP file an administrative claim
using EDI or other electronic means?

    A TSP should file a claim using GSA Transportation Audits Management 
System (TAMS) https://tams.gsa.gov.

[87 FR 32326, May 31, 2022]



Sec.  102-118.555  Can a TSP file a supplemental administrative claim?

    Yes, a TSP may file a supplemental administrative claim. Each 
supplemental claim must cover charges relating to one paid 
transportation document.



Sec.  102-118.560  What is the required format that a TSP must
use to file an administrative claim?

    There is no required format for filing claims. TSPs should file a 
claim through TAMS or by sending the required information and 
documentation (see Sec. Sec.  102-118.545 and 102-118.565) to GSA 
Transportation Audits [email protected] or mail to: 
General Services Administration, Office of Travel, Employee Relocation 
and Transportation, Attn: Transportation Audits Division, 1800 F Street 
NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.

[87 FR 32326, May 31, 2022]

[[Page 401]]



Sec.  102-118.565  What documentation is required when filing an
administrative claim?

    An administrative claim must be accompanied by the transportation 
document, payment record, reports and information available to GSA and/
or to the agency involved and the written and documentary records 
submitted by the TSP. Oral presentations supplementing the written 
record are not acceptable.

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                            Prepayment Audits



Sec.  102-118.570  If my agency denies the TSP's challenge to the 
statement of difference, may the TSP appeal?

    Yes, the TSP may appeal if your agency denies its challenge to the 
statement of difference. However, the appeal must be handled at a higher 
level in your agency.



Sec.  102-118.575  If a TSP disagrees with the decision of my agency,
can the TSP appeal?

    Yes, the TSP may file a claim with the GSA Transportation Audits 
Division, which will review the TSP's appeal of your agency's final full 
or partial denial of a claim. The TSP may also appeal to the GSA 
Transportation Audits Division if your agency has not responded to a 
challenge within 30 days.

[87 FR 32326, May 31, 2022]



Sec.  102-118.580  May a TSP appeal a prepayment audit decision of 
the GSA Transportation Audits Division?

    Yes, the TSP may appeal to the Civilian Board of Contract Appeals 
(CBCA) under guidelines established in this subpart F, or file a claim 
with the United States Court of Federal Claims. The TSP's request for 
review must be received by the CBCA in writing within 6 months (not 
including times of war) from the date the settlement action was taken or 
within the periods of limitation specified in 31 U.S.C. 3726, as 
amended, whichever is later. Filing instructions including where and how 
to file are available at cbca.gov/howto/rules/
transportation.htmltransportation.

[78 FR 71529, Nov. 29, 2013, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.585  May a TSP appeal a prepayment audit decision of the CBCA?

    No, a ruling by the CBCA is the final administrative remedy 
available and the TSP has no statutory right of appeal. This subpart 
governs administrative actions only and does not affect any of the TSP's 
rights. A TSP may still pursue a legal remedy through the courts.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]



Sec.  102-118.590  May my agency appeal a prepayment audit decision
of the GSA Transportation Audits Division?

    No, your agency may not appeal. A GSA Transportation Audits Division 
decision is administratively final for your agency.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.595  May my agency appeal a prepayment audit decision
by the CBCA?

    No, your agency may not appeal a prepayment audit decision. Your 
agency must follow the ruling of the CBCA.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                           Postpayment Audits



Sec.  102-118.600  When a TSP disagrees with a Notice of Overcharge 
resulting from a postpayment audit, what are the appeal procedures?

    A TSP who disagrees with the Notice of Overcharge may submit a 
written request for reconsideration to the GSA Transportation Audits 
Division at: General Services Administration, Office of Travel, Employee 
Relocation and Transportation, Attn: Transportation Audits Division, 
1800 F Street

[[Page 402]]

NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to 
[email protected].

[87 FR 32326, May 31, 2022]



Sec.  102-118.605  What if a TSP disagrees with the Notice of Indebtedness?

    If a TSP disagrees with an ordinary debt, as shown on a Notice of 
Indebtedness, it may:
    (a) Inspect and copy the agency's records related to the claim;
    (b) Seek administrative review by the GSA Transportation Audits 
Division of the claim decision; and/or
    (c) Enter a written agreement for the payment of the claims.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.610  Is a TSP notified when GSA allows a claim?

    Yes, the GSA Transportation Audits Division will acknowledge each 
payable claim using GSA Form 7931, Certificate of Settlement. The 
certificate will give a complete explanation of any amount that is 
disallowed. GSA will forward the certificate to the agency whose funds 
are to be charged for processing and payment.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.615  Will GSA notify a TSP if they internally offset
a payment?

    Yes, the GSA Transportation Audits Division will inform the TSP if 
they internally offset a payment.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.620  How will a TSP know if the GSA Transportation Audits
Division disallows a claim?

    The GSA Transportation Audits Division will furnish a GSA Form 7932, 
Settlement Certificate, to the TSP explaining the disallowance.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.625  Can a TSP request a reconsideration of a settlement
action by the GSA Audit Division?

    Yes, a TSP desiring a reconsideration of a settlement action may 
request a review by the Administrator of General Services.



Sec.  102-118.630  How must a TSP refund amounts due to GSA?

    (a) TSPs must promptly refund amounts due to GSA, preferably by EFT. 
If an EFT is not used, checks must be made payable to ``General Services 
Administration'', including the document reference number, TSP name, 
bill number(s), taxpayer identification number and standard carrier 
alpha code, then mailed to: General Services Administration, Government 
Lock Box 9006, 1005 Convention Plaza, St. Louis, MO 63101.
    (b) If an EFT address is needed, please contact the GSA 
Transportation Audits Division at: General Services Administration, 
Office of Travel, Employee Relocation and Transportation, Attn: 
Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 
3400, Washington, DC 20405; or via email to [email protected].

    Note 1 to Sec.  102-118.630: Amounts collected by GSA are returned 
to the Treasurer of the United States (31 U.S.C. 3726).

[87 FR 32326, May 31, 2022]



Sec.  102-118.635  Can the Government charge interest on an amount
due from a TSP?

    Yes, the Government can charge interest on an amount due from a TSP. 
This procedure is provided for under the Debt Collection Act (31 U.S.C. 
3717), the Federal Claims Collection Standards (31 CFR chapter IX), and 
41 CFR part 105-55.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.640  If a TSP fails to pay or to appeal an overcharge,
what actions will GSA pursue to collect the debt?

    GSA will pursue debt collection through one of the following 
methods:
    (a) When an indebted TSP files a claim, GSA will apply all or any 
portion of the amount it determines to be due the TSP, to the 
outstanding balance owed by the TSP, under the Federal Claims Collection 
Standards (31 CFR chapter IX) and 41 CFR part 105-55;
    (b) When the action outlined in paragraph (a) of this section cannot 
be

[[Page 403]]

taken by GSA, GSA will instruct one or more Government disbursing 
offices to deduct the amount due to the agency from an unpaid TSP's 
bill. A 3-year limitation applies on the deduction of overcharges from 
amounts due a TSP (31 U.S.C. 3726);
    (c) When collection cannot be accomplished through either of the 
procedures in paragraph (a) or (b) of this section, GSA normally sends 
two additional demand letters to the indebted TSP requesting payment of 
the amount due within a specified time. Lacking a satisfactory response, 
GSA may place a complete stop order against amounts otherwise payable to 
the indebted TSP by adding the name of that TSP to the Department of the 
Army ``List of Contractors Indebted to the United States''; and/or
    (d) When collection actions, as stated in paragraphs (a) through (c) 
of this section are unsuccessful, GSA may report the debt to the 
Department of Justice for collection, litigation, and related 
proceedings, as prescribed in 31 CFR chapter IX.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32326, May 31, 2022]



Sec.  102-118.645  Can a TSP file an administrative claim on collection
actions?

    Yes, a TSP may file an administrative claim involving collection 
actions resulting from the transportation audit performed by the GSA 
directly with the GSA Transportation Audits Division. Any claims 
submitted to GSA will be considered ``disputed claims'' under section 
4(b) of the Prompt Payment Act (31 U.S.C. 3901, et seq.). The TSP must 
file all other transportation claims with the agency out of whose 
activities they arose. If this is not feasible (e.g., where the 
responsible agency cannot be determined or is no longer in existence) 
claims may be sent to the GSA Transportation Audits Division for 
forwarding to the responsible agency or for direct settlement by the GSA 
Transportation Audits Division. Submit claims using Transportation 
Audits Management System (TAMS) at https://tams.gsa.gov or via mail: 
General Services Administration, Office of Travel, Employee Relocation 
and Transportation, Attn: Transportation Audits Division, 1800 F Street 
NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.

[87 FR 32327, May 31, 2022]



Sec.  102-118.650  Can a TSP request a review of a settlement action
by the Administrator of General Services?

    Yes, a TSP desiring a review of a settlement action taken by the 
Administrator of General Services may request a review by the Civilian 
Board of Contract Appeals (CBCA) or file a claim with the United States 
Court of Federal Claims (28 U.S.C. 1491).

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]



Sec.  102-118.655  Are there time limits on a TSP request for an
administrative review by the Civilian Board of Contract Appeals (CBCA)?

    Yes, the CBCA must receive a request for review from the TSP within 
six months (not including times of war) from the date the settlement 
action was taken or within the periods of limitation specified in 31 
U.S.C. 3726, as amended, whichever is later. Details regarding where and 
how to file are available at cbca.gov/howto/rules/
transportation.htmltransportation.

[78 FR 71529, Nov. 29, 2013, as amended at 87 FR 32327, May 31, 2022]



Sec.  102-118.660  May a TSP appeal a postpayment audit decision of
the CBCA?

    No, a ruling by the CBCA is the final administrative remedy and the 
TSP has no statutory right of appeal. This subpart governs 
administrative actions only and does not affect any rights of the TSPs. 
A TSP may still pursue a legal remedy through the courts.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]



Sec.  102-118.665  May my agency appeal a postpayment audit decision
by the CBCA?

    No, your agency may not appeal a postpayment audit decision and must 
follow the ruling of the CBCA.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

[[Page 404]]

      Transportation Service Provider (TSP) Non-Payment of a Claim



Sec.  102-118.670  If a TSP cannot immediately pay a debt, can they
make other arrangements for payment?

    Yes, if a TSP is unable to pay the debt promptly, the Director of 
the GSA Transportation Audits Division has the discretion to enter into 
alternative arrangements for payment.

[65 FR 24569, Apr. 26, 2000, as amended at 87 FR 32327, May 31, 2022]



Sec.  102-118.675  What recourse does my agency have if a TSP does
not pay a transportation debt?

    If a TSP does not pay a transportation debt, GSA may refer 
delinquent debts to consumer reporting agencies and Federal agencies 
including the Department of the Treasury and Department of Justice.

                    PARTS 102	119_102	140 [RESERVED]



                     SUBCHAPTER E_TRAVEL MANAGEMENT



                     PART 102	141_GENERAL [RESERVED]

                    PARTS 102	142_102	170 [RESERVED]



                     SUBCHAPTER F_TELECOMMUNICATIONS



                     PART 102	171_GENERAL [RESERVED]

      PART 102	172_TELECOMMUNICATIONS MANAGEMENT POLICY [RESERVED]

                    PARTS 102	173_102	190 [RESERVED]

[[Page 405]]



                  SUBCHAPTER G_ADMINISTRATIVE PROGRAMS



                     PART 102	191_GENERAL [RESERVED]



PART 102	192_MAIL MANAGEMENT--Table of Contents



                   Subpart A_Introduction to This Part

Sec.
102-192.5 What does this part cover?
102-192.10 What authority governs this part?
102-192.15 How are ``I,'' ``you,'' ``me,'' ``we,'' and ``us'' used in 
          this part?
102-192.20 How are ``must'' and ``should'' used in this part?
102-192.25 Does this part apply to me?
102-192.30 To what types of mail and materials does this part apply?
102-192.35 What definitions apply to this part?
102-192.40 Where can we obtain more information about the classes of 
          mail?
102-192.45 How can we request a deviation from these requirements, and 
          who can approve it?

                      Subpart B_Agency Requirements

                 Financial Requirements for All Agencies

102-192.50 What payment processes are we required to use?
102-192.55 Why must we use these payment processes?
102-192.60 How do we implement these payment processes?
102-192.65 What features must our finance systems have to keep track of 
          mail expenditures?

                 Security Requirements for All Agencies

102-192.70 What security policies and plans must we have?
102-192.75 Why must we have written security policies and plans?
102-192.80 How do we develop written security policies and plans?

                         Reporting Requirements

102-192.85 Who must report to GSA annually?
102-192.90 What must we include in our annual mail management report to 
          GSA?
102-192.95 Why does GSA require annual mail management reports?
102-192.100 How do we submit our annual mail management report to GSA?
102-192.105 When must we submit our annual mail management report to 
          GSA?

          Performance Measurement Requirements for All Agencies

102-192.110 At what levels in our agency must we have performance 
          measures?
102-192.115 Why must we use performance measures?

                    Agency Mail Manager Requirements

102-192.120 Must we have an agency mail manager?
102-192.125 What is the appropriate managerial level for an agency mail 
          manager?
102-192.130 What are your general responsibilities as an agency mail 
          manager?

              Subpart C_GSA's Responsibilities and Services

102-192.135 What are GSA's responsibilities in mail management?
102-192.140 What types of support does GSA offer to Federal agency mail 
          management programs?

    Authority: 44 U.S.C. 2901-2904.

    Source: 79 FR 33478, June 11, 2014, unless otherwise noted.



                   Subpart A_Introduction to this Part



Sec.  102-192.5  What does this part cover?

    This part prescribes policy and requirements for the effective, 
economical, and secure management of incoming, internal, and outgoing 
mail and materials in Federal agencies.



Sec.  102-192.10  What authority governs this part?

    This part is governed by section 2 of Public Law 94-575, the Federal 
Records Management Amendments of 1976 (44 U.S.C. 2901-2904, as amended), 
that requires the Administrator of General Services to provide guidance 
and assistance to Federal agencies to ensure economical and effective 
records management and defines the processing of mail by Federal 
agencies as a records management activity.



Sec.  102-192.15  How are ``I,'' ``you,'' ``me,'' ``we,'' and ``us''
used in this part?

    In this part, ``I,'' ``me,'' and ``you'' refer to the agency mail 
manager, a person working in a Federal mail operation, or the agency 
itself. Where the

[[Page 406]]

context does not make it entirely clear which is meant, the meaning is 
spelled out the first time a pronoun is used in the section. ``We,'' 
``us,'' and ``you'' in the plural refer to your Federal agency.



Sec.  102-192.20  How are ``must'' and ``should'' used in this part?

    In this part--
    (a) ``Must'' identifies steps that Federal agencies are required to 
take; and
    (b) ``Should'' identifies steps that the GSA recommends. In their 
internal policy statements, agencies may require steps that GSA 
recommends.



Sec.  102-192.25  Does this part apply to me?

    Yes, this part applies to you if you work in mail management in a 
Federal agency, as defined in Sec.  102-192.35.



Sec.  102-192.30  To what types of mail and materials does this part apply?

    (a) This part applies to all materials that pass through a Federal 
mail center, including all incoming and outgoing materials. This 
includes:
    (1) First Class Mail;
    (2) Standard Mail;
    (3) Periodicals;
    (4) Package Services; and
    (5) Express Mail.
    (b) This part does not apply to shipments of parts or supplies from 
a material distribution center. A material distribution center is a 
warehouse that maintains and distributes an inventory of parts and 
supplies.



Sec.  102-192.35  What definitions apply to this part?

    The following definitions apply to this part:
    Accountable mail means any piece of mail for which a service 
provider and the mail center must maintain a record that shows where the 
mail piece is at any given time, and when and where it was delivered. 
Examples of accountable mail include United States Postal Service (USPS) 
registered mail and all expedited mail.
    Agency mail manager means the person who manages the overall mail 
management program of a Federal agency.
    Class of mail means one of the five categories of domestic mail as 
defined by the Mailing Standards of the USPS in the Domestic Mail Manual 
(DMM) located at http://pe.usps.gov/. These include:
    (1) Express mail;
    (2) First class (includes priority mail);
    (3) Periodicals;
    (4) Standard mail, bulk business mail; and
    (5) Package services.
    Commercial payment process means paying for postage using the United 
States Postal Service's Centralized Account Processing System or another 
payment approach used by the private sector.
    Commingling means combining outgoing mail from one facility or 
agency with outgoing mail from at least one other source.
    Consolidation means the process of combining into a container two or 
more pieces of mail directed to the same addressee or installation on 
the same day.
    Consolidation of facilities means the process of combining more than 
one mail center into a central location. The decision to consolidate 
should be based on a cost analysis comparing the projected cost savings 
to the cost of implementation.
    Expedited mail means mail designated for overnight and 2- or 3-day 
delivery by service providers. Examples of expedited mail include 
Dalsey, Hillblom, Lynn (DHL); Federal Express (FedEx); United Parcel 
Service (UPS); and United States Postal Service (USPS) express mail.
    Federal agency or agency as defined in 44 U.S.C. 2901(14) means--
    (1) An executive agency, which includes:
    (i) Any executive department as defined in 5 U.S.C. 101;
    (ii) Any wholly owned Government corporation as defined in 31 U.S.C. 
9101;
    (iii) Any independent establishment in the executive branch as 
defined in 5 U.S.C. 104; and
    (2) Any establishment in the legislative or judicial branch of the 
Government, except the Supreme Court, the Senate, the U.S. House of 
Representatives, the Architect of the Capitol, and any activities under 
the direction of

[[Page 407]]

the Architect of the Capitol. Federal facility or facility means any 
office building, installation, base, etc., where Federal agency 
employees work. This includes any facility where the Federal Government 
pays postage expenses even though few or no Federal employees are 
involved in processing the mail.
    Incoming mail means any mail that comes into a facility delivered by 
any service provider, such as DHL, FedEx, UPS, and USPS.
    Internal mail means mail generated within a Federal facility that is 
delivered within that facility or to a nearby facility of the same 
agency, so long as it is delivered by agency personnel.
    Large agency means a Federal agency whose collective total payments 
to all mail service providers equals or exceeds $1 million per fiscal 
year.
    Mail means that as described in Sec.  102-192.30.
    Mail center means an organization and/or place, within or associated 
with a Federal facility, where incoming and/or outgoing Federal mail and 
materials are processed.
    Mail expenditures means direct expenses for postage, fees and 
services, and all other mail costs, meter fees, permit fees, etc. (e.g., 
payments to service providers, mail center personnel costs, mail center 
overhead).
    Mail piece design means creating and printing items to be mailed so 
that they can be processed efficiently and effectively by USPS automated 
mail processing equipment.
    Official Mail means incoming or outgoing mail that is related to 
official business of the Federal Government.
    Official Mail Accounting System (OMAS) means the USPS Government-
specific system used to track postage.
    Outgoing mail means mail generated within a Federal facility that is 
going outside that facility.
    Personal mail means incoming or outgoing mail that is not related to 
official business of the Federal Government.
    Postage means payment for delivery service that is affixed or 
imprinted to a mail piece usually in the form of a postage stamp, 
permit, imprint, or meter impression.
    Presort means a mail preparation process used to receive a 
discounted mail rate by sorting mail according to USPS standards.
    Program level means a component, bureau, regional office, and/or a 
facility that generates outgoing mail.
    Service provider means any agency or company that delivers materials 
and mail. Some examples of service providers are DHL, FedEx, UPS, USPS, 
courier services, the U.S. Department of Defense, the U.S. Department of 
State's Diplomatic Pouch and Mail Division, and other Federal agencies 
providing mail services.
    Sustainability/Sustainable means to create and maintain conditions 
under which humans and nature can exist in productive harmony. 
Sustainability efforts seek to fulfill the social, economic, and 
environmental needs of present and future generations.
    Telework means a flexible work arrangement under which an employee 
performs assigned duties and responsibilities, and other authorized 
activities, from an approved alternate location.
    Unauthorized use of agency postage means the use of penalty or 
commercial mail stamps, meter impressions, or other postage indicia for 
personal or unofficial use.
    Worksharing is one way of processing outgoing mail so that the mail 
qualifies for reduced postage rates (e.g., presorting, bar coding, 
consolidating, commingling).



Sec.  102-192.40  Where can we obtain more information about the
classes of mail?

    You can learn more about mail classes in the Domestic Mail Manual 
(DMM). The DMM is available online at http://pe.usps.gov, or you can 
order a copy from: Superintendent of Documents, U.S. Government Printing 
Office, P.O. Box 979050, St. Louis, MO 63197-9000.



Sec.  102-192.45  How can we request a deviation from these requirements,
and who can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to request 
a deviation from the requirements of this part. The Administrator of 
General Services and those to whom the Administrator has

[[Page 408]]

delegated such authority have the power to approve or deny a deviation.



                      Subpart B_Agency Requirements

                 Financial Requirements for All Agencies



Sec.  102-192.50  What payment processes are we required to use?

    (a) You must pay the USPS using one or more of the following:
    (1) The U.S. Treasury Intergovernmental Payment and Collection 
Payment (IPAC) process associated with the Official Mail Accounting 
System (OMAS);
    (2) The USPS Centralized Account Processing System (CAPS) associated 
with commercial payments; or
    (3) Another Treasury approved means of paying the USPS.
    (b) Payments made to service providers other than USPS must be made 
by U.S. Treasury payment methods such as automated clearing house-
electronic funds transfer, or another Treasury approved means of paying 
the vendor.



Sec.  102-192.55  Why must we use these payment processes?

    In accordance with 44 U.S.C. 2904, GSA is required to standardize 
and improve accountability with respect to records management, including 
Federal mail management.



Sec.  102-192.60  How do we implement these payment processes?

    Guidance on implementing the Intra-governmental Payment and 
Collection System can be found at: http://www.fms.treas.gov/ipac /
index.html.



Sec.  102-192.65  What features must our finance systems have to 
keep track of mail expenditures?

    All agencies must have an accountable system for making postage 
payments; that is, a system that allocates postage expenses at the 
program level within the agency and makes program level managers 
accountable for obligating and tracking those expenses. The agency will 
have to determine the appropriate program level for this requirement 
because the level at which it is cost beneficial differs widely. The 
agency's finance systems should track all mail expenditures separately 
to the program level or below, and should--
    (a) Show expenses for postage and all other mail expenditures, 
payments to service providers, etc., separate from all other 
administrative expenses;
    (b) Allow mail centers to establish systems to charge their 
customers for mail expenditures; and
    (c) Identify and charge the mail expenditures that are part of 
printing contracts down to the program level.

                 Security Requirements for All Agencies



Sec.  102-192.70  What security policies and plans must we have?

    (a) Agencies must have a written mail security policy that applies 
throughout your agency.
    (b) Agencies must have a written mail security plan for each 
facility that processes mail, regardless of the facility's mail volume.
    (c) Agencies must have a security policy for employees receiving 
incoming and sending outgoing mail at an alternative worksite, such as a 
telework center.
    (d) The scope and level of detail of each facility mail security 
plan should be commensurate with the size and responsibilities of each 
facility. For small facilities, agencies may use a general plan for 
similar locations. For larger locations, agencies must develop a plan 
that is specifically tailored to the threats and risks at your location. 
Agencies should determine which facilities they consider small and large 
for the purposes of this section, so long as the basic requirements for 
a security plan are met at every facility.
    (e) All mail managers are required to annually report the status of 
their mail security plans to agency headquarters. At a minimum, these 
reports should assure that all mail security plans comply with the 
requirements of this part, including annual review by a subject matter 
expert and regular rehearsal of responses to various emergency 
situations by facility personnel.
    (f) A security professional who has expertise in mail center 
security

[[Page 409]]

should review the agency's mail security plan and policies annually to 
include identification of any deficiencies. Review of facility mail 
security plans can be accomplished by subject matter experts such as 
agency security personnel. If these experts are not available within 
your agency, seek assistance from the U.S. Postal Inspection Service 
(https://postalinspectors.uspis.gov/) or the Federal Protective Service 
(FPS) (http://www.dhs.gov/federal-protective-service).



Sec.  102-192.75  Why must we have written security policies and plans?

    All Federal mail programs must identify, prioritize, and coordinate 
the protection of all mail processing facilities in order to prevent, 
deter, and mitigate the effects of deliberate efforts to destroy, 
incapacitate, or exploit the mail center or the national mail 
infrastructure. Homeland Security Presidential Directive (HSPD 7) at 
http://www.fas.org/irp/offdocs /nspd/hspd-7.html requires all agencies 
to protect key resources from terrorist attacks. All Federal mail 
centers are identified as key resources under the Postal and Shipping 
Sector Plan. Further details on the plan can be found at the Department 
of Homeland Security's (DHS) Web site at http://www.dhs.gov/.



Sec.  102-192.80  How do we develop written security policies and plans?

    Agency mail managers must coordinate with their agency security 
service and/or the FPS or the U.S. Postal Inspection Service to develop 
agency mail security policies and plans. The FPS has developed standards 
for building construction and management, including standards for mail 
centers. At a minimum, the agency mail security plan must address the 
following topics:
    (a) Risk assessment;
    (b) A plan to protect staff and all other occupants of agency 
facilities from hazards that might be delivered in the mail;
    (c) Operating procedures;
    (d) A plan to provide a visible mail screening operation;
    (e) Training mail center personnel;
    (f) Testing and rehearsing responses to various emergency situations 
by agency personnel;
    (g) Managing threats;
    (h) Communications plan;
    (i) Occupant Emergency Plan;
    (j) Continuity of Operations Plan; and
    (k) Annual reviews of the agency's security plan.

                         Reporting Requirements



Sec.  102-192.85  Who must report to GSA annually?

    Large agencies, as defined in Sec.  102-192.35, must provide an 
annual Mail Management Report to GSA. If your agency is a cabinet level 
or independent agency, the agency mail manager must compile all offices 
or components and submit one report for the department or agency as a 
whole, for example, the U.S. Department of Defense or the U.S. 
Department of Health and Human Services.



Sec.  102-192.90  What must we include in our annual mail management 
report to GSA?

    You must provide an agency-wide response to the GSA requested data 
elements. GSA will provide the list of data elements in a Federal 
Management Regulation (FMR) Bulletin. GSA coordinates all mail 
management related FMR bulletins with the Federal Mail Executive Council 
and updates them as necessary. FMR bulletins are available at: http://
www.gsa.gov/bulletins.



Sec.  102-192.95  Why does GSA require annual mail management reports?

    GSA requires annual agency mail management reports to--
    (a) Ensure that Federal agencies have the policies, procedures, and 
data to manage their mail operations efficiently and effectively;
    (b) Ensure that appropriate security measures are in place; and
    (c) Allow GSA to fulfill its responsibilities under the Federal 
Records Act, especially with regard to sharing best practices, 
information on training, and promulgating standards, procedures, and 
guidelines.

[[Page 410]]



Sec.  102-192.100  How do we submit our annual mail management 
report to GSA?

    You must submit annual reports using the GSA web based Simplified 
Mail Accountability Reporting Tool (SMART). Training is available from 
GSA to agency mail managers and other authorized users on how to use the 
SMART data reporting system. Contact the Office of Government-wide 
Policy, Mail Management Policy office for access and training at 
[email protected].



Sec.  102-192.105  When must we submit our annual mail management
report to GSA?

    Beginning with FY 2015, the agency's annual mail management report 
is due on December 1, following the end of the fiscal year.

[80 FR 57103, Sept. 22, 2015]

          Performance Measurement Requirements for All Agencies



Sec.  102-192.110  At what levels in our agency must we have performance
measures?

    You must have performance measures for mail operations at the agency 
level and in all mail facilities and program levels.



Sec.  102-192.115  Why must we use performance measures?

    Performance measures gauge the success of your mail management plans 
and processes by comparing performance over time and among 
organizations. Performance measures--
    (a) Define goals and objectives;
    (b) Enhance resource allocation; and
    (c) Provide accountability.

                    Agency Mail Manager Requirements



Sec.  102-192.120  Must we have an agency mail manager?

    Yes, every agency as defined in Sec.  102-192.35, must have an 
agency mail manager.



Sec.  102-192.125  What is the appropriate managerial level for an
agency mail manager?

    The agency mail manager should be at a managerial level that enables 
him or her to speak for the agency on mail management as outlined in 
this part.



Sec.  102-192.130  What are your general responsibilities as an agency
mail manager?

    In addition to carrying out the responsibilities discussed above, 
you should--
    (a) Establish written policies and procedures to provide timely and 
cost effective dispatch and delivery of mail and materials;
    (b) Ensure agency-wide awareness and compliance with standards and 
operational procedures established by all service providers used by the 
agency;
    (c) Set policies for expedited mail, mass mailings, mailing lists, 
and couriers;
    (d) Implement cost savings through:
    (1) Consolidating and presorting wherever practical, for example, 
internal and external mail, and consolidation of agency-wide mail 
operations and official mail facilities; and
    (2) Reducing the volume of agency to agency mail whenever possible.
    (e) Develop and direct agency programs and plans for proper and cost 
effective use of transportation, equipment, and supplies used for mail;
    (f) Ensure that all facility and program level mail personnel 
receive appropriate training and certifications to successfully perform 
their assigned duties;
    (g) Promote professional certification for mail managers and mail 
center employees;
    (h) Ensure that expedited mail service providers are used only when 
authorized by the Private Express Statutes, 39 U.S.C. 601-606;
    (i) Establish written policies and procedures to minimize incoming 
and outgoing personal mail;
    (j) Provide guidance to agency representatives who develop 
correspondence or design mailing materials including Business Reply 
Mail, letterhead, and mail piece design;
    (k) Represent the agency in its relations with service providers, 
other agency mail managers, and GSA's Office of Government-wide Policy;

[[Page 411]]

    (l) Ensure agency policy incorporates Federal hazardous materials 
requirements set forth in 49 CFR parts 100-185;
    (m) Ensure agency sustainable activities become part of the mail 
program by incorporating strategies in accordance with Executive Order 
13514 of October 5, 2009, ``Federal Leadership in Environmental, Energy, 
and Economic Performance''. Section 8 describes the Agency Strategic 
Sustainability Performance Plan; and
    (n) Ensure safety and security requirements specified in Sec. Sec.  
102-192.70 through 102-192.80 are fulfilled.



              Subpart C_GSA's Responsibilities and Services



Sec.  102-192.135  What are GSA's responsibilities in mail management?

    44 U.S.C. 2904(b) directs the Administrator of General Services to 
provide guidance and assistance to Federal agencies to ensure economical 
and efficient records management. 44 U.S.C. 2901(2) and (4)(C) define 
the processing of mail by Federal agencies as part of records 
management. In carrying out its responsibilities under the Act, GSA is 
required to--
    (a) Develop standards, procedures, and guidelines;
    (b) Conduct research to improve practices and programs;
    (c) Collect and disseminate information on training programs, 
technological developments, etc;
    (d) Establish one or more interagency committees (such as the 
Federal Mail Executive Council, and the Interagency Mail Policy Council) 
as necessary to provide an exchange of information among Federal 
agencies;
    (e) Conduct studies, inspections, or surveys;
    (f) Promote economy and efficiency in the selection and utilization 
of space, staff, equipment, and supplies; and
    (g) In the event of an emergency, at the request of DHS, cooperate 
with DHS in communicating with agencies about mail related issues.



Sec.  102-192.140  What types of support does GSA offer to Federal
agency mail management programs?

    (a) GSA supports Federal agency mail management programs by--
    (1) Assisting in the development of agency policy and guidance in 
mail management and mail operations;
    (2) Identifying best business practices and sharing them with 
Federal agencies;
    (3) Developing and providing access to a Government-wide management 
information system for mail;
    (4) Helping agencies develop performance measures and management 
information systems for mail;
    (5) Maintaining a current list of agency mail managers;
    (6) Establishing, developing, and maintaining interagency mail 
committees;
    (7) Maintaining liaison with the USPS and other service providers at 
the national level;
    (8) Maintaining a publically accessible Web site for mail 
communications policy; and
    (9) Serving as a point of contact for all Federal agencies on mail 
issues.
    (b) For further information contact: U.S. General Services 
Administration, Office of Government-wide Policy (MA), 1800 F Street 
NW., Washington, DC 20504; telephone 202-501-1777, or email: 
[email protected].



PART 102	193_CREATION, MAINTENANCE, AND USE OF RECORDS-
-Table of Contents



Sec.
102-193.5 What does this part cover?
102-193.10 What are the goals of the Federal Records Management Program?
102-193.15 What are the records management responsibilities of the 
          Administrator of General Services (the Administrator), the 
          Archivist of the United States (the Archivist), and the heads 
          of Federal agencies?
102-193.20 What are the specific agency responsibilities for records 
          management?
102-193.25 What type of records management business process improvements 
          should my agency strive to achieve?

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

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

[[Page 412]]



Sec.  102-193.5  What does this part cover?

    This part prescribes policies and procedures related to the General 
Service Administration's (GSA) role to provide guidance on economic and 
effective records management for the creation, maintenance and use of 
Federal agencies' records. The National Archives and Records 
Administration Act of 1984 (the Act) (44 U.S.C. chapter 29) amended the 
records management statutes to divide records management 
responsibilities between GSA and the National Archives and Records 
Administration (NARA). Under the Act, GSA is responsible for economy and 
efficiency in records management and NARA is responsible for adequate 
documentation and records disposition. GSA regulations are codified in 
this part and NARA regulations are codified in 36 CFR chapter XII. The 
policies and procedures of this part apply to all records, regardless of 
medium (e.g., paper or electronic), unless otherwise noted.



Sec.  102-193.10  What are the goals of the Federal Records Management
Program?

    The statutory goals of the Federal Records Management Program are:
    (a) Accurate and complete documentation of the policies and 
transactions of the Federal Government.
    (b) Control of the quantity and quality of records produced by the 
Federal Government.
    (c) Establishment and maintenance of management controls that 
prevent the creation of unnecessary records and promote effective and 
economical agency operations.
    (d) Simplification of the activities, systems, and processes of 
records creation, maintenance, and use.
    (e) Judicious preservation and disposal of records.
    (f) Direction of continuing attention on records from initial 
creation to final disposition, with particular emphasis on the 
prevention of unnecessary Federal paperwork.



Sec.  102-193.15  What are the records management responsibilities of
the Administrator of General Services (the Administrator), the Archivist
of the United States (the Archivist), and the Heads of Federal agencies?

    (a) The Administrator of General Services (the Administrator) 
provides guidance and assistance to Federal agencies to ensure 
economical and effective records management. Records management policies 
and guidance established by GSA are contained in this part and in parts 
102-194 and 102-195 of this chapter, records management handbooks, and 
other publications issued by GSA.
    (b) The Archivist of the United States (the Archivist) provides 
guidance and assistance to Federal agencies to ensure adequate and 
proper documentation of the policies and transactions of the Federal 
Government and to ensure proper records disposition. Records management 
policies and guidance established by the Archivist are contained in 36 
CFR chapter XII and in bulletins and handbooks issued by the National 
Archives and Records Administration (NARA).
    (c) The Heads of Federal agencies must comply with the policies and 
guidance provided by the Administrator and the Archivist.



Sec.  102-193.20  What are the specific agency responsibilities for
records management?

    You must follow both GSA regulations in this part and NARA 
regulations in 36 CFR chapter XII to carry out your records management 
responsibilities. To meet the requirements of this part, you must take 
the following actions to establish and maintain the agency's records 
management program:
    (a) Assign specific responsibility to develop and implement 
agencywide records management programs to an office of the agency and to 
a qualified records manager.
    (b) Follow the guidance contained in GSA handbooks and bulletins and 
comply with NARA regulations in 36 CFR chapter XII when establishing and 
implementing agency records management programs.

[[Page 413]]

    (c) Issue a directive establishing program objectives, 
responsibilities, authorities, standards, guidelines, and instructions 
for a records management program.
    (d) Apply appropriate records management practices to all records, 
irrespective of the medium (e.g., paper, electronic, or other).
    (e) Control the creation, maintenance, and use of agency records and 
the collection and dissemination of information to ensure that the 
agency:
    (1) Does not accumulate unnecessary records while ensuring 
compliance with NARA regulations for adequate and proper documentation 
and records disposition in 36 CFR parts 1220 and 1228.
    (2) Does not create forms and reports that collect information 
inefficiently or unnecessarily.
    (3) Reviews all existing forms and reports (both those originated by 
the agency and those responded to by the agency but originated by 
another agency or branch of Government) periodically to determine if 
they can be improved or canceled.
    (4) Maintains records economically and in a way that allows them to 
be retrieved quickly and reliably.
    (5) Keeps mailing and copying costs to a minimum.
    (f) Establish standard stationery formats and styles.
    (g) Establish standards for correspondence to use in official agency 
communications, and necessary copies required, and their distribution 
and purpose.



Sec.  102-193.25  What type of records management business process
improvements should my agency strive to achieve?

    Your agency should strive to:
    (a) Improve the quality, tone, clarity, and responsiveness of 
correspondence;
    (b) Design forms that are easy to fill-in, read, transmit, process, 
and retrieve, and reduce forms reproduction costs;
    (c) Provide agency managers with the means to convey written 
instructions to users and document agency policies and procedures 
through effective directives management;
    (d) Provide agency personnel with the information needed in the 
right place, at the right time, and in a useful format;
    (e) Eliminate unnecessary reports and design necessary reports for 
ease of use;
    (f) Provide rapid handling and accurate delivery of mail at minimum 
cost; and
    (g) Organize agency files in a logical order so that needed records 
can be found rapidly to conduct agency business, to ensure that records 
are complete, and to facilitate the identification and retention of 
permanent records and the prompt disposal of temporary records. 
Retention and disposal of records is governed by NARA regulations in 36 
CFR chapter XII.



PART 102	194_STANDARD AND OPTIONAL FORMS MANAGEMENT PROGRAM-
-Table of Contents



Sec.
102-194.5 What is the Standard and Optional Forms Management Program?
102-194.10 What is a Standard form?
102-194.15 What is an Optional form?
102-194.20 What is an electronic Standard or Optional form?
102-194.25 What is an automated Standard or Optional format?
102-194.30 What role does my agency play in the Standard and Optional 
          Forms Management Program?
102-194.35 Should I create electronic Standard or Optional forms?
102-194.40 For what Standard or Optional forms should an electronic 
          version not be made available?
102-194.45 Who should I contact about Standard and Optional forms?

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

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



Sec.  102-194.5  What is the Standard and Optional Forms Management
Program?

    The Standard and Optional Forms Management Program is a 
Governmentwide program that promotes economies and efficiencies through 
the development, maintenance and use of common forms. The General 
Services Administration (GSA) provides additional guidance on the 
Standard and Optional Forms Management Program through an external 
handbook called

[[Page 414]]

Standard and Optional Forms Procedural Handbook. You may obtain a copy 
of the handbook from:

Standard and Optional Forms Management Office General Services 
Administration (Forms-XR)
1800 F Street, NW.; Room 7126
Washington, DC 20405-0002
(202) 501-0581
http://www.gsa.gov/forms



Sec.  102-194.10  What is a Standard form?

    A Standard form is a fixed or sequential order of data elements, 
prescribed by a Federal agency through regulation, approved by GSA for 
mandatory use, and assigned a Standard form number. This criterion is 
the same whether the form resides on paper or purely electronic.



Sec.  102-194.15  What is an Optional form?

    An Optional form is approved by GSA for nonmandatory Governmentwide 
use and is used by two or more agencies. This criteria is the same 
whether the form resides on paper or purely electronic.



Sec.  102-194.20  What is an electronic Standard or Optional form?

    An electronic Standard or Optional form is an officially prescribed 
set of data residing in an electronic medium that is used to produce a 
mirror-like image or as near to a mirror-like image as the creation 
software will allow of the officially prescribed form.



Sec.  102-194.25  What is an automated Standard or Optional format?

    An automated Standard or Optional format is an electronic version of 
the officially prescribed form containing the same data elements and 
used for the electronic transaction of information in lieu of using a 
Standard or Optional form.



Sec.  102-194.30  What role does my agency play in the Standard and
Optional Forms Management Program?

    Your agency head or designee's role is to:
    (a) Designate an agency-level Standard and Optional Forms Liaison 
representative and alternate, and notify GSA, in writing, of their 
names, titles, mailing addresses, telephone numbers, fax numbers, and e-
mail addresses within 30 days of the designation or redesignation.
    (b) Promulgate Governmentwide Standard forms under the agency's 
statutory or regulatory authority in the Federal Register, and issue 
procedures on the mandatory use, revision, or cancellation of these 
forms.
    (c) Ensure that the agency complies with the provisions of the 
Government Paperwork Elimination Act (GPEA) (Public Law 105-277, 112 
Stat 2681), Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
74d), as amended, the Architectural and Transportation Barriers 
Compliance Board (Access Board) Standards (36 CFR part 1194), and OMB 
implementing guidance. In particular, agencies should allow the 
submission of Standard and Optional forms in an electronic/automated 
version unless the form is specifically exempted by Sec.  102-194.40.
    (d) Issue Governmentwide Optional forms when needed by two or more 
agencies and announce the availability, revision, or cancellation of 
these forms. Forms prescribed through a regulation for use by the 
Federal Government must be issued as a Standard form.
    (e) Obtain GSA approval for each new, revised or canceled Standard 
and Optional form, 60 days prior to planned implementation. Certify that 
the forms comply with all applicable laws and regulations. Provide an 
electronic form unless exempted by Sec.  102-194.40. Revised forms not 
approved by GSA will result in cancellation of the form.
    (f) Provide GSA with both an electronic (unless exempted by Sec.  
102-194.40) and paper version of the official image of the Standard or 
Optional form prior to implementation.
    (g) Obtain the prescribing agency's approval for exceptions to 
Standard and Optional forms, including electronic forms or automated 
formats prior to implementation.
    (h) Review annually agency prescribed Standard and Optional forms, 
including exceptions, for improvement, consolidation, cancellation, or 
possible automation. The review must include approved electronic 
versions of the forms.

[[Page 415]]

    (i) Coordinate all health-care related Standard and Optional forms 
through GSA for the approval of the Interagency Committee on Medical 
Records (ICMR).
    (j) Promote the use of electronic forms within the agency by 
following what the Government Paperwork Elimination Act (GPEA) 
prescribes and all guidance issued by the Office of Management and 
Budget and other responsible agencies. This guidance will promote the 
use of electronic transactions and electronic signatures.
    (k) Notify GSA of the replacement of any Standard or Optional form 
by an automated format or electronic form, and its impact on the need to 
stock the paper form. GSA's approval is not necessary for this change, 
but a one-time notification should be made.
    (l) Follow the specific instructions in the Standard and Optional 
Forms Procedural Handbook.



Sec.  102-194.35  Should I create electronic Standard or Optional
forms?

    Yes, you should create electronic Standard or Optional forms, 
especially when forms are used to collect information from the public. 
GSA will not approve a new or revision to a Standard or Optional form 
unless an electronic form is being made available. Only forms covered by 
Sec.  102-194.40 are exempt from this requirement. Furthermore, you 
should to the extent possible, use electronic form products and services 
that are based on open standards. However, the use of proprietary 
products is permitted, provided that the end user is not required to 
purchase a specific product or subscription to use the electronic 
Standard or Optional form.



Sec.  102-194.40  For what Standard or Optional forms should an
electronic version not be made available?

    All forms should include an electronic version unless it is not 
practicable to do so. Areas where it may not be practicable include 
where the form has construction features for specialized use (e.g., 
labels), to prevent unauthorized use or could otherwise risk a security 
violation, (e.g., classification cover sheets), or require unusual 
production costs (e.g., specialized paper or envelopes). Such forms can 
be made available as an electronic form only if the originating agency 
approves an exception to do so. (See the Standard and Optional Forms 
Procedural Handbook for procedures and a list of these forms).



Sec.  102-194.45  Who should I contact about Standard and Optional forms?

    For Standard and Optional forms, you should contact the:

Standard and Optional Forms Management Office General Services 
Administration (Forms-XR)
1800 F Street, NW.; Room 7126
Washington, DC 20405-0002
(202) 501-0581

          PART 102	196_FEDERAL FACILITY RIDESHARING [RESERVED]

                    PARTS 102	197_102	199 [RESERVED]



                       SUBCHAPTERS H	Z [RESERVED]





                       CHAPTERS 103	104 [RESERVED]



[[Page 417]]



              CHAPTER 105--GENERAL SERVICES ADMINISTRATION




  --------------------------------------------------------------------
Part                                                                Page
105-1           Introduction................................         419
105-8           Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by General Services 
                    Administration..........................         421
105-50          Provision of special or technical services 
                    to State and local units of government..         432
105-51          Uniform relocation assistance and real 
                    property acquisition for Federal and 
                    federally assisted programs.............         437
105-53          Statement of organization and functions.....         437
105-54          Advisory committee management...............         444
105-55          Collection of claims owed the United States.         455
105-56          Salary offset for indebtedness of Federal 
                    employees to the United States..........         472
105-57          Administration wage garnishment.............         487
105-60          Public availability of agency records and 
                    informational materials.................         493
105-62          Document security and declassification......         512
105-64          GSA Privacy Act rules.......................         517
105-67          Sale of personal property...................         526
105-68          Governmentwide debarment and suspension 
                    (nonprocurement)........................         527
105-69          New restrictions on lobbying................         549
105-70          Implementation of the Program Fraud Civil 
                    Remedies Act of 1986....................         561
105-71          Uniform administrative requirements for 
                    grants and cooperative agreements with 
                    State and local governments.............         575
105-72          Uniform administrative requirements for 
                    grants and agreements with institutions 
                    of higher education, hospitals, and 
                    other non-profit organizations..........         603
105-74          Governmentwide requirements for drug-free 
                    workplace (financial assistance)........         629

[[Page 419]]



PART 105	1_INTRODUCTION--Table of Contents



Sec.
105-1.000-50 Scope of part.

                   Subpart 105	1.1_Regulations System

105-1.100 Scope of subpart.
105-1.101 General Services Administration Property Management 
          Regulations.
105-1.101-50 Exclusions.
105-1.102 Relationship of GSPMR to FPMR.
105-1.104 Publication of GSPMR.
105-1.106 Applicability.
105-1.109 Numbering.
105-1.109-50 General plan.
105-1.109-51 Arrangement.
105-1.109-52 Cross-references.
105-1.110 Deviation.
105-1.150 Citation.

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

    Source: 39 FR 25231, July 9, 1974, unless otherwise noted.



Sec.  105-1.000-50  Scope of part.

    This part describes the method by which the General Services 
Administration (GSA) implements and supplements the Federal Property 
Management Regulations (FPMR) and implements certain regulations 
prescribed by other agencies. It contains procedures that implement and 
supplement part 101-1 of the FPMR.



                   Subpart 105	1.1_Regulations System



Sec.  105-1.100  Scope of subpart.

    This subpart establishes the General Services Administration 
Property Management Regulations (GSPMR) and provides certain 
introductory material.



Sec.  105-1.101  General Services Administration Property Management
Regulations.

    The General Services Administration Property Management Regulations 
(GSPMR) include the GSA property management policies and procedures 
which, together with the Federal Property Management Regulations, 
certain regulations prescribed by other agencies, and various GSA orders 
govern the management of property and records and certain related 
activities of GSA. They may contain policies and procedures of interest 
to other agencies and the general public and are prescribed by the 
Administrator of General Services in this chapter 105.



Sec.  105-1.101-50  Exclusions.

    (a) Certain GSA property management and related policies and 
procedures which come within the scope of this chapter 105 nevertheless 
may be excluded therefrom when there is justification. These exclusions 
may include the following categories:
    (1) Subject matter that bears a security classification;
    (2) Policies and procedures that are expected to be effective for a 
period of less than 6 months;
    (3) Policies and procedures that are effective on an experimental 
basis for a reasonable period;
    (4) Policies and procedures pertaining to other functions of GSA as 
well as property management functions and there is need to make the 
issuance available simultaneously to all GSA employees involved; and
    (5) Where speed of issuance is essential, numerous changes are 
required in chapter 105, and all necessary changes cannot be made 
promptly.
    (b) Property management policies and procedures issued in other than 
the FPMR system format under paragraphs (a)(4) and (5) of this section, 
shall be codified into chapter 105 at the earliest practicable date, but 
in any event not later than 6 months from date of issuance.



Sec.  105-1.102  Relationship of GSPMR to FPMR.

    (a) GSPMR implement and supplement the FPMR and implement certain 
other regulations. They are part of the General Services Administration 
Regulations System. Material published in the FPMR (which has 
Governmentwide applicability) becomes effective throughout GSA upon the 
effective date of the particular FPMR material. In general, the FPMR 
that are implemented and supplemented shall not be repeated, 
paraphrased, or otherwise restated in chapter 105.
    (b) Implementing is the process of expanding upon the FPMR or other 
Government-wide regulations.

[[Page 420]]

Supplementing is the process of prescribing material for which there is 
no counterpart in the Government-wide regulations.
    (c) GSPMR may deviate from the regulations that are implemented when 
a deviation (see Sec.  105-1.110) is authorized in and explicitly 
referenced to such regulations. Where chapter 105 contains no material 
implementing the FPMR, the FPMR shall govern.



Sec.  105-1.104  Publication of GSPMR.

    (a) Most GSPMR are published in the Federal Register. This practice 
helps to ensure that interested business concerns, other agencies, and 
the public are apprised of GSA policies and procedures pertaining to 
property and records management and certain related activities.
    (b) Most GSPMR are published in cumulative form in chapter 105 of 
title 41 of the Code of Federal Regulations. The Federal Register and 
title 41 of the Code of Federal Regulations may be purchased from the 
Superintendent of Documents, Government Printing Office, Washington, 
D.C. 20402.



Sec.  105-1.106  Applicability.

    Chapter 105 applies to the management of property and records and to 
certain other programs and activities of GSA. Unless otherwise 
specified, chapter 105 applies to activities outside as well as within 
the United States.



Sec.  105-1.109  Numbering.



Sec.  105-1.109-50  General plan.

    Chapter 105 is divided into parts, subparts, and further 
subdivisions as necessary.



Sec.  105-1.109-51  Arrangement.

    (a) Parts 105-2 through 105-49 are used for GSPMR that implement 
regulations in the corresponding parts of chapter 101. This practice 
results in comparable grouping by subject area without establishment of 
subchapters.
    (b) Parts 105-50 and above are used for GSPMR that supplement 
regulations in the FPMR and implement regulations of other agencies. 
Part numbers are assigned so as to accomplish a similar subject area 
grouping. Regulations on advisory committee management are recodified as 
part 105-54 to place them in the appropriate subject area category. 
Regulations on standards of conduct remain in part 105-735 because the 
number 735 identifies regulations of the U.S. Civil Service Commission 
and various civil agencies on this subject.



Sec.  105-1.109-52  Cross-references.

    (a) Within chapter 105, cross-references to the FPMR shall be made 
in the same manner as used within the FPMR. Illustrations of cross-
references to the FPMR are:
    (1) Part 101-3;
    (2) Subpart 101-3.1;
    (3) Sec.  101-3.413-5.
    (b) Within chapter 105, cross-references to parts, subparts, 
sections, and subsections of chapter 105 shall be made in a manner 
generally similar to that used in making cross-references to the FPMR. 
For example, this paragraph would be referenced as Sec.  105-1.109-
52(b).



Sec.  105-1.110  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 and approved 
by 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.

[[Page 421]]

    (2) For class deviations, requests shall be sent to only the 
Administrator of General Services.

[55 FR 1673, Jan. 18, 1990]



Sec.  105-1.150  Citation.

    (a) In formal documents, such as legal briefs, citations of chapter 
105 material shall include a citation to title 41 of the Code of Federal 
Regulations or other titles as appropriate; e.g., 41 CFR 105-1.150.
    (b) Any section of chapter 105, for purpose of brevity, may be 
informally identified as ``GSPMR'' followed by the section number. For 
example, this paragraph would be identified as ``GSPMR 105-1.150(b).''



PART 105	8_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL SERVICES 
ADMINISTRATION--Table of Contents



Sec.
105-8.101 Purpose.
105-8.102 Application.
105-8.103 Definitions.
105-8.104--105-8.109 [Reserved]
105-8.110 Self-evaluation.
105-8.111 Notice.
105-8.112--105-8.129 [Reserved]
105-8.130 General prohibitions against discrimination.
105-8.131--105-8.139 [Reserved]
105-8.140 Employment.
105-8.141--105-8.147 [Reserved]
105-8.148 Consultation with the Architectural and Transportation 
          Barriers Compliance Board.
105-8.149 Program accessibility: Discrimination prohibited.
105-8.150 Program accessibility: Existing facilities.
105-8.150-1 General.
105-8.150-2 Methods.
105-8.150-3 Time period for compliance.
105-8.150-4 Transition plan.
105-8.151 rogram accessibility: New construction and alterations.
105-8.152 Program accessibility: Assignment of space.
105-8.153 Program accessibility: Interagency cooperation.
105-8.153-1 General.
105-8.153-2 Requests from occupant agencies.
105-8.154 Program accessibility: Exceptions.
105-8.155--105-8.159 [Reserved]
105-8.160 Communications.
105-8.161--105-8.169 [Reserved]
105-8.170 Compliance procedures.
105-8.170-1 Applicability.
105-8.170-2 Employment complaints.
105-8.170-3 Responsible Official.
105-8.170-4 Filing a complaint.
105-8.170-5 Notification to the Architectural and Transportation 
          Barriers Compliance Board.
105-8.170-6 Acceptance of complaint.
105-8.170-7 Investigation/conciliation.
105-8.170-8 Letter of findings.
105-8.170-9 Filing an appeal.
105-8.170-10 Acceptance of appeals.
105-8.170-11 Hearing.
105-8.170-12 Decision.
105-8.170-13 Delegation.
105-8.171 Complaints against an occupant agency.

    Authority: 29 U.S.C. 794.

    Source: 56 FR 9871, Mar. 8, 1991, unless otherwise noted.



Sec.  105-8.101  Purpose.

    The purpose of this part is to effectuate section 119 of the 
Rehabilitation, Comprehensive Services, and Developmental Disabilities 
Amendments of 1978, which amended section 504 of the Rehabilitation Act 
of 1973 to prohibit discrimination on the basis of handicap in programs 
or activities conducted by Executive agencies or the United States 
Postal Service.



Sec.  105-8.102  Application.

    This part applies to all programs or activities conducted by the 
agency, except for programs or activities conducted outside the United 
States that do not involve individuals with handicaps in the United 
States.



Sec.  105-8.103  Definitions.

    For purposes of this part, the term--
    Agency means the General Services Administration (GSA), except when 
the context indicates otherwise.
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in and enjoy the benefits of programs or 
activities conducted by GSA. For example, auxiliary aids useful for 
persons with impaired vision include readers, Brailed materials, audio

[[Page 422]]

recordings, and other similar services and devices. Auxiliary aids 
useful for persons with impaired hearing include telephone handset 
amplifiers, telephones compatible with hearing aids, telecommunication 
devices for deaf persons (TDD's), interpreters, notetakers, written 
materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Historic preservation program means programs conducted by the agency 
that have preservation of historic properties as a primary purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Individual with handicaps means any person who has a physical or 
mental impairment that substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as having 
such an impairment. As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (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.
    (2) Major life activities includes 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 is treated by the agency 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 paragraph (a) of this 
definition but is treated by the agency as having such an impairment.
    Official or Responsible Official means the Director of the Civil 
Rights Division of the General Services Administration or his or her 
designee.
    Qualified individual with handicaps means--
    (1) With respect to any agency program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, an individual with handicaps who meets the essential 
eligibility requirements and who can achieve the purpose of the program 
or activity without modifications in the program or activity that the 
agency can demonstrate would result in a fundamental alteration in its 
nature;
    (2) With respect to any other program or activity, an individual 
with handicaps who meets the essential eligibility requirements for 
participation

[[Page 423]]

in, or receipt of benefits from, that program or activity; and
    (3) Qualified handicapped person as that term is defined for 
purposes of employment in 29 CFR 1613.702(f), which is made applicable 
to this part by Sec.  105-8.140.
    Respondent means the organizational unit in which a complainant 
alleges that discrimination occurred.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); 
the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the 
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810); 
the Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102 Stat. 
28); and Handicapped Program Technical Amendments Act of 1988 (Pub. L. 
100-630, 102 Stat. 3312). As used in this part, section 504 applies only 
to programs or activities conducted by the agency and not to federally 
assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration of historic properties.



Sec. Sec.  105-8.104--105-8.109  [Reserved]



Sec.  105-8.110  Self-evaluation.

    (a) The agency shall, by March 9, 1992, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including individuals with handicaps or organizations representing 
individuals with handicaps, to participate in the self-evaluation 
process by submitting comments (both oral and written).
    (c) The agency shall, for at least three years following completion 
of the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A list of interested persons consulted;
    (2) A description of the areas examined and any problems identified 
and;
    (3) A description of any modifications made or to be made.



Sec.  105-8.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the Administrator finds 
necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this part.



Sec. Sec.  105-8.112--105-8.129  [Reserved]



Sec.  105-8.130  General prohibitions against discrimination.

    (a) No qualified individual with handicaps 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 conducted by the agency.
    (1) The agency, in providing any aid, benefit, or service, may not, 
directly or through contractual, licensing, or other arrangements, on 
the basis of handicap--
    (i) Deny a qualified individual with handicaps the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with handicaps an opportunity to 
participate in or benefit from aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified individual with handicaps 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 to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with handicaps or to any class of individuals with handicaps 
than is provided to others unless such action is necessary to

[[Page 424]]

provide qualified individuals with handicaps with aid, benefits, or 
services that are as effective as those provided to others;
    (v) Deny a qualified individual with handicaps the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified individual with handicaps in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified individual with handicaps 
the opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified individuals with handicaps to discrimination 
on the basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to individuals with handicaps.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with handicaps from, deny them the benefits 
of, or otherwise subject them to discrimination under any program or 
activity conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
handicaps.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified individuals with handicaps to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified individuals with handicaps 
to discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licenses or certified 
entities that subject qualified individuals with handicaps to 
discrimination on the basis of handicap. However, the programs or 
activities of entities that are licensed or certified by the agency are 
not, themselves, covered by part.
    (b) The exclusion of persons without handicaps from the benefits of 
a program limited by Federal statute or Executive order to individuals 
with handicaps or the exclusion of a specific class of individuals with 
handicaps from a program limited by Federal statute or Executive order 
to a different class of individuals with handicaps is not prohibited by 
this part.
    (c) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with handicaps.



Sec. Sec.  105-8.131--105-8.139  [Reserved]



Sec.  105-8.140  Employment.

    No qualified individual with handicaps shall, on the basis of 
handicap, be subjected to discrimination in employment under any program 
or activity conducted by the agency. The definitions, requirements, and 
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791), as established by the Equal Employment Opportunity Commission in 
29 CFR part 1613, shall apply to employment in federally conducted 
programs or activities.



Sec. Sec.  105-8.141--105-8.147  [Reserved]



Sec.  105-8.148  Consultation with the Architectural and Transportation
Barriers Compliance Board.

    GSA shall consult with the Architectural and Transportation Barriers 
Compliance Board (ATBCB) in carrying out its responsibilities under this 
part concerning architectural barriers in facilities that are subject to 
GSA control. GSA shall also consult with the ATBCB in providing 
technical assistance to other Federal agencies with respect to 
overcoming architectural barriers in facilities. The agency's Public 
Buildings Service shall implement this section.



Sec.  105-8.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. Sec.  105-8.150 and 105-8.154, 
no qualified individual with handicaps shall, because

[[Page 425]]

the agency's facilities are inaccessible to or unusable by individuals 
with handicaps, be denied the benefits of, be excluded from 
participation in, or otherwise be subjected to discrimination under any 
program or activity conducted by the agency.



Sec.  105-8.150  Program accessibility: Existing facilities.



Sec.  105-8.150-1  General.

    The agency shall operate each program or activity so that the 
program or activity, when viewed in its entirety, is readily accessible 
to and usable by individuals with handicaps. This section does not--
    (a) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by individuals with handicaps; or
    (b) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property.



Sec.  105-8.150-2  Methods.

    (a) General. The agency may comply with the requirements of Sec.  
105-8.150 through such means as redesign of equipment, reassignment of 
services to accessible buildings, assignment of aides to beneficiaries, 
home visits, delivery of services at alternate accessible sites, 
alteration of existing facilities and construction of new facilities, 
use of accessible rolling stock, or any other methods that result in 
making its programs or activities readily accessible to and usable by 
individuals with handicaps. The agency is not required to make 
structural changes in existing facilities where other methods are 
effective in achieving compliance with this section. The agency, in 
making alterations to existing buildings, shall meet accessibility 
requirements to the extent compelled by the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), and any regulations 
implementing it. In choosing among available methods for meeting the 
requirements of this section, the agency shall give priority to those 
methods that offer programs and activities to qualified individuals with 
handicaps in the most integrated setting appropriate.
    (b) Historic preservation programs. In meeting the requirements of 
Sec.  105-8.105-1 in historic preservation programs, the agency shall 
give priority to methods that provide physical access to individuals 
with handicaps. In cases where a physical alteration to a historic 
property is not required because of Sec.  105-8.105-1(b) or Sec.  105-
8.154 alternative methods of achieving program accessibility include--
    (1) Using audio-visual materials and devices to depict those 
portions of a historic property that cannot otherwise be made 
accessible;
    (2) Assigning persons to guide individuals with handicaps into or 
through portions of historic properties that cannot otherwise be made 
accessible; or
    (3) Adopting other innovative methods.



Sec.  105-8.150-3  Time period for compliance.

    The agency shall comply with the obligations established under Sec.  
105-8.150 by May 7, 1991; except where structural changes in facilities 
are undertaken, such changes shall be made by March 8, 1994, but in any 
event as expeditiously as possible.



Sec.  105-8.150-4  Transition plan.

    In the event that structural changes to facilities will be 
undertaken to achieve program accessibility, the agency shall develop, 
by March 9, 1992; the transition plan setting forth the steps necessary 
to complete such changes. The agency shall provide an opportunity to 
interested persons, including individuals with handicaps or 
organizations representing individuals with handicaps, to participate in 
the development of the transition plan by submitting comments (both oral 
and written). A copy of the transition plan shall be made available for 
public inspection. The plan shall, at a minimum--
    (a) Identify physical obstacles in the facilities occupied by GSA 
that limit the accessibility of its programs or activities to 
individuals with handicaps;

[[Page 426]]

    (b) Describe in detail the methods that will be used to make the 
facilities accessible;
    (c) Specify the schedule for taking the steps necessary to achieve 
compliance with Sec.  105-8.150 and, if the time period of the 
transition plan is longer than one year, identify steps that will be 
taken during each year of the transition period; and
    (d) Indicate the official responsible for implementation of the 
plan.



Sec.  105-8.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, of for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with handicaps. The definitions, requirements, and standards 
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established 
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.



Sec.  105-8.152  Program accessibility: Assignment of space.

    (a) When GSA assigns or reassigns space to an agency, it shall 
consult with the agency to ensure that the assignment or reassignment 
will not result in one or more of the agency's programs or activities 
being inaccessible to individuals with handicaps.
    (b) Prior to the assignment or reassignment of space to an agency, 
GSA shall inform the agency of the accessibility, and/or the absence of 
accessibility features, of the space in which GSA intends to locate the 
agency. If the agency informs GSA that the use of the space will result 
in one or more of the agency's programs being inaccessible, GSA shall 
take one or more of the following actions to make the programs 
accessible:
    (1) Arrange for alterations, improvements, and repairs to buildings 
and facilities;
    (2) Locate and provide alternative space that will not result in one 
or more of the agency's programs being inaccessible; or
    (3) Take any other actions that result in making this agency's 
programs accessible.

The responsibility for payment to make the physical changes in the space 
shall be assigned on a case-by-case basis as agreed to by GSA and the 
user agency, dependent on individual circumstances.
    (c) GSA may not require the agency to accept space that results in 
one or more of the agency's programs being inaccessible.



Sec.  105-8.153  Program accessibility: Interagency cooperation.



Sec.  105-8.153-1  General.

    GSA, upon request from an occupant agency engaged in the development 
of a transition plan under section 504, shall participate with the 
occupant agency in the development and implementation of the transition 
plan and shall provide information and guidance to the occupant agency. 
Upon request, GSA shall conduct space inspections to assist the agency 
in determining whether a current assignment of space results in one or 
more of the occupant agency's programs or activities being inaccessible. 
GSA shall provide the occupant agency with a written summary of 
significant findings and recommendations, together with data concerning 
programmed repairs and alterations planned by GSA and alterations that 
can be effected by the agency.



Sec.  105-8.153-2  Requests from occupant agencies.

    (a) Upon receipt of an occupant agency's request for new space, 
additional space, relocation to accessible space, alterations, or other 
actions under GSA's control that are needed to ensure program 
accessibility in the requesting agency's program(s) as required by the 
agency's section 504 transition plan, GSA shall assist or advise the 
requesting agency in providing or arranging for the requested action 
within the timeframes specified in the requesting agency's transition 
plan.
    (b) If the requested action cannot be completed within the time 
frame specified in an agency's transition plan, GSA shall so advise the 
requesting agency within 30 days of the request by submitting, after 
consultation with the agency, a revised schedule specifying the date by 
which the action shall be

[[Page 427]]

completed. If the delay in completing the action results in or continues 
the inaccessibility of the requesting agency's program, GSA and the 
agency shall, after consultation, take interim measures to make the 
agency's program accessible.
    (c) If GSA determines that it is unable to take the requested 
action, GSA shall--
    (1) Within 30 days, set forth in writing to the requesting agency 
the reasons for denying the agency's request, and
    (2) Within 90 days, propose to the requesting agency other methods 
for making the agency's program accessible.
    (d) Receipt of a copy of an occupant agency's transition plan under 
section 504 shall constitute notice to GSA of the requested actions in 
the transition plan and of the times frames which the actions are 
required to be completed.



Sec.  105-8.154  Program accessibility: Exceptions.

    Sections 105-8.150, 105-8.152, and 105-8.153 do not require GSA to 
take any action that it can demonstrate would result in a fundamental 
alteration in the nature of a program or activity or in undue financial 
and administrative burdens. In those circumstances where GSA personnel 
believe that the proposed action would fundamentally alter the program 
or activity or would result in undue financial and administrative 
burdens, the agency has the burden of proving that compliance would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the Administrator 
or his or her designee after considering all resources available for use 
in the funding and operation of the conducted program or activity, and 
must be accompanied by a written statement of the reasons for reaching 
that conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
individuals with handicaps receive the benefits and services of the 
program or activity.



Sec. Sec.  105-8.155--105-8.159  [Reserved]



Sec.  105-8.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford an individual with handicaps an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
individual with handicaps.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD) or 
equally effective telecommunication systems shall be used to communicate 
with persons with impaired hearing.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec.  150.8.160 would 
result in such alteration or burdens.

[[Page 428]]

The decision that compliance would result in such alteration or burdens 
must be made by the Administrator or his or her designee after 
considering all agency resources available for use in the funding and 
operation of the conducted program or activity and must be accompanied 
by a written statement of the reasons for reaching that conclusion. If 
an action required to comply with Sec.  105-8.160 would result in such 
an alteration or such burdnes, the agency shall take any other action 
that would not result in such an alteration or such burdens but would 
nevertheless ensure that, to the maximum extent possible, individuals 
with handicaps receive the benefits and services of the program or 
activity.



Sec. Sec.  105-8.161--105-8.169  [Reserved]



Sec.  105-8.170  Compliance procedures.



Sec.  105-8.170-1  Applicability.

    Except as provided in Sec.  105-8.170-2, Sec. Sec.  105-8.170 
through 105-8.170-13 apply to all allegations of discrimination on the 
basis of handicap in programs or activities conducted by the agency.



Sec.  105-8.170-2  Employment complaints.

    The agency shall process complaints alleging violations of section 
504 with respect to employment according to the procedures established 
by the Equal Employment Opportunity Commission in 29 CFR part 1613 
pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791).



Sec.  105-8.170-3  Responsible Official.

    The Responsible Official shall coordinate implementation of 
Sec. Sec.  105-8.170 through 105-8.170-13.



Sec.  105-8.170-4  Filing a complaint.

    (a) Who may file a complaint. Any person who believes that he or she 
has been subjected to discrimination prohibited by this part may by him 
or herself or by his or her authorized representative file a complaint 
with the Official. Any persons who believes that any specific class of 
persons has been subjected to discrimination prohibited by this part and 
who is a member of that class or the authorized representative of a 
member of that class may file a complaint with the Official.
    (b) Confidentiality. The Official shall hold in confidence the 
identity of any person submitting a complaint, unless the person submits 
written authorization otherwise, and except to the extent necessary to 
carry out the purposes of this part, including the conduct of any 
investigation, hearing, or proceeding under this part.
    (c) When to file. Complaints shall be filed within 180 days of the 
alleged act of discrimination. The Official may extend this time limit 
for good cause shown. For purposes of determining when a complaint is 
timely filed under this section, a complaint mailed to the agency shall 
be deemed filed on the date it is postmarked. Any other complaint shall 
be deemed filed on the date it is recevied by the agency.
    (d) How to file. Complaints may be delivered or mailed to the 
Administrator, the Responsible Official, or other agency officials. 
Complaints should be sent to the Director of Civil Rights, Civil Rights 
Division (AKC), General Services Administration, 18th and F Streets, 
NW., Washington, DC 20405. If any agency official other than the 
Official receives a complaint, he or she shall forward the complaint to 
the Official immediately.



Barriers Compliance Board.

    The agency shall prepare and forward comprehensive quarterly reports 
to the Architectural and Transportation Barriers Compliance Board 
containing information regarding complaints received alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with handicaps. The agency shall not include 
in the report the identity of any complainant.



Sec.  105-8.170-6  Acceptance of complaint.

    (a) The Official shall accept a complete complaint that is filed in 
accordance with Sec.  105-8.170-4 and over which the agency has 
jurisdiction. The Official shall notify the complainant and

[[Page 429]]

the respondent of receipt and acceptance of the complaint.
    (b) If the Official receives a complaint that is not complete, he or 
she shall notify the complainant within 30 days of receipt of the 
incomplete complaint that additional information is needed. If the 
complainant fails to complete the complaint within 30 days of receipt of 
this notice, the Official shall dismiss the complaint without prejudice.
    (c) The Official may reject a complaint, or a position thereof, for 
any of the following reasons:
    (1) It was not filed timely and the extension of the 180-day period 
as provided in Sec.  105-8.170-4(c) is denied;
    (2) It consists of an allegation identical to an allegation 
contained in a previous complaint filed on behalf of the same 
complainant(s) which is pending in the agency or which has been resolved 
or decided by the agency; or
    (3) It is not within the purview of this part.
    (d) If the Official receives a complaint over which the agency does 
not have jurisdiction, the Official shall promptly notify the 
complainant and shall make reasonable efforts to refer the complaint to 
the appropriate Government entity.



Sec.  105-8.170-7  Investigation/conciliation.

    (a) Within 180 days of the receipt of a complete complaint, the 
Official shall complete the investigation of the complaint, attempt 
informal resolution, and if no informal resolution is achieved, issue a 
letter of findings. The 180-day time limit may be extended with the 
permission of the Assistant Attorney General. The investigation should 
include, where appropriate, a review of the practices and policies that 
led to the filing of the complaint, and other circumstances under which 
the possible noncompliance with this part occurred.
    (b) The Official may require agency employees to cooperate in the 
investigation and attempted resolution of complaints. Employees who are 
required by the Official to participate in any investigation under this 
section shall do so as part of their official duties and during the 
course of regular duty hours.
    (c) The Official shall furnish the complainant and the respondent a 
copy of the investigative report promptly after receiving it from the 
investigator and provide the complainant and the respondent with an 
opportunity for informal resolution of the complaint.
    (d) If a complaint is resolved informally, the terms of the 
agreement shall be reduced to writing and signed by the complainant and 
respondent. The agreement shall be made part of the complaint file with 
a copy of the agreement provided to the complainant and the respondent. 
The written agreement may include a finding on the issue of 
discrimination and shall describe any corrective action to which the 
complainant and the respondent have agreed.
    (e) The written agreement shall remain in effect until all 
corrective actions to which the complainant and the respondent have 
agreed upon have been completed. The complainant may reopen the 
complaint in the event that the agreement is not carried out.



Sec.  105-8.170-8  Letter of findings.

    If an informal resolution of the complaint is not reached, the 
Official shall, within 180 days of receipt of the complete complaint, 
notify the complainant and the respondent of the results of the 
investigation in a letter sent by certified mail, return receipt 
requested. The letter shall contain, at a minimum, the following:
    (a) Findings of fact and conclusions of law;
    (b) A description of a remedy for each violation found;
    (c) A notice of the right of the complainant and the respondent to 
appeal to the Special Counsel for Ethics and Civil Rights; and
    (d) A notice of the right of the complainant and the respondent to 
request a hearing.



Sec.  105-8.170-9  Filing an appeal.

    (a) Notice of appeal to the Special Counsel for Ethics and Civil 
Rights, with or without a request for hearing, shall be filed by the 
complainant or the

[[Page 430]]

respondent with the Responsible Official within 30 days of receipt of 
the letter of findings required by

Sec.  105-8.170-7.
    (b) If a timely appeal without a request for hearing is filed by a 
party, any other party may file a written request for a hearing within 
the time limit specified in Sec.  105-8.170-9(a) or within 10 days of 
the date on which the first timely appeal without a request for hearing 
was filed, whichever is later.
    (c) If no party requests a hearing, the Responsible Official shall 
promptly transmit the notice of appeal and investigative record to the 
Special Counsel for Ethics and Civil Rights.
    (d) If neither party files an appeal within the time prescribed in 
Sec.  105-8.170-9(a) the Responsible Official shall certify, at the 
expiration of the time, that the letter of findings is the final agency 
decision on the complaint.



Sec.  105-8.170-10  Acceptance of appeals.

    The Special Counsel shall accept and process any timely appeal. A 
party may appeal to the Deputy Administrator from a decision of the 
Special Counsel that an appeal is untimely. This appeal shall be filed 
within 15 days of receipt of the decision from the Special Counsel.



Sec.  105-8.170-11  Hearing.

    (a) Upon a timely request for a hearing, the Special Counsel shall 
take the necessary action to obtain the services of an Administrative 
law judge (ALJ) to conduct the hearing. The ALJ shall issue a notice to 
all parties specifying the date, time, and place of the scheduled 
hearing. The hearing shall be commenced no earlier than 15 days after 
the notice is issued and no later than 60 days after the request for a 
hearing is filed, unless all parties agree to a different date, or there 
are other extenuating circumstances.
    (b) The complainant and respondent shall be parties to the hearing. 
Any interested person or organization may petition to become a party or 
amicus curiae. The ALJ may, in his or her discretion, grant such a 
petition if, in his or her opinion, the petitioner has a legitimate 
interest in the proceedings and the participation will not unduly delay 
the outcome and may contribute materially to the proper disposition of 
the proceedings.
    (c) 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). The ALJ shall have the duty to 
conduct a fair hearing, to take all necessary action to avoid delay, and 
to maintain order. He or she shall have all powers necessary to these 
ends, including (but not limited to) the power to--
    (1) Arrange and change the date, time, and place of hearings and 
prehearing conferences and issue notices thereof;
    (2) Hold conferences to settle, simplify, or determine the issue in 
a hearing, or to consider other matters that may aid in the expeditious 
disposition of the hearing;
    (3) Require parties to state their position in writing with respect 
to the various issues in the hearing and to exchange such statements 
with all other parties;
    (4) Examine witnesses and direct witnesses to testify;
    (5) Receive, rule on, exclude, or limit evidence;
    (6) Rule on procedural items pending before him or her; and
    (7) Take any action permitted to the ALJ as authorized by this part, 
or by the provisions of the Administrative Procedure Act (5 U.S.C. 551-
559).
    (d) Technical rules of evidence shall not apply to hearings 
conducted pursuant to Sec.  105-8.170-11, but rules or principles 
designed to assure production of credible evidence available and to 
subject testimony to cross-examination shall be applied by the ALJ 
whenever reasonably necessary. The ALJ 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.

[[Page 431]]

    (e) The costs and expenses for the conduct of a hearing shall be 
allocated as follows:
    (1) Persons employed by the agency shall, upon request to the agency 
by the ALJ, be made available to participate in the hearing and shall be 
on official duty status for this purpose. They shall not receive witness 
fees.
    (2) Employees of other Federal agencies called to testify at a 
hearing shall, at the request of the ALJ and with the approval of the 
employing agency, be on official duty status during any period of 
absence from normal duties caused by their testimony, and shall not 
receive witness fees.
    (3) The fees and expenses of other persons called to testify at a 
hearing shall be paid by the party requesting their appearance.
    (4) The ALJ may require the agency to pay travel expenses necessary 
for the complainant to attend the hearing.
    (5) The respondent shall pay the required expenses and charges for 
the ALJ and court reporter.
    (6) All other expenses shall be paid by the party, the intervening 
party, or amicus curiae incurring them.
    (f) The ALJ shall submit in writing recommended findings of fact, 
conclusions of law, and remedies to all parties and the Special Counsel 
for Ethics and Civil Rights within 30 days after receipt of the hearing 
transcripts, or within 30 days after the conclusion of the hearing if no 
transcript is made. This time limit may be extended with the permission 
of the Special Counsel.
    (g) Within 15 days after receipt of the recommended decision of the 
ALJ any party may file exceptions to the decision with the Speical 
Counsel. Thereafter, each party will have ten days to file reply 
exceptions with the Special Counsel.



Sec.  105-8.170-12  Decision.

    (a) The Special Counsel shall make the decision of the agency based 
on information in the investigative record and, if a hearing is held, on 
the hearing record. The decision shall be made within 60 days of receipt 
of the transmittal of the notice of appeal and investitive record 
pursuant to Sec.  105-8.170-9(c) or after the period for filing 
exceptions ends, which ever is applicable. If the Special Counsel for 
Ethics and Civil Rights determines that he or she needs additional 
information from any party, he or she shall request the information and 
provide the other party or parties an opportunity to respond to that 
information. The Special Counsel shall have 60 days from receipt of the 
additional information to render the decision on the appeal. The Special 
Counsel shall transmit his or her decision by letter to the parties. The 
time limits established in this paragraph may be extended with the 
permission of the Assistant Attorney General. The decision shall set 
forth the findings, remedial action required, and reasons for the 
decision. If the decision is based on a hearing record, the Special 
Counsel shall consider the recommended decision of the ALJ and render a 
final decision based on the entire record. The Special Counsel may also 
remand the hearing record to the ALJ for a fuller development of the 
record.
    (b) Any respondent required to take action under the terms of the 
decision of the agency shall do so promptly. The Official may require 
periodic compliance reports specifying--
    (1) The manner in which compliance with the provisions of the 
decision has been achieved;
    (2) The reasons any action required by the final decision has not 
yet been taken; and
    (3) The steps being taken to ensure full compliance. The Official 
may retain responsibility for resolving disagreements that arise between 
the parties over interpretation fo the final agency decision or for 
specific adjudicatory decisions arising out of implementation.



Sec.  105-8.170-13  Delegation.

    The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.



Sec.  105-8.171  Complaints against an occupant agency.

    (a) Upon notification by an occupant agency that it has received a 
complete complaint alleging that the agency's

[[Page 432]]

program is inaccessible because existing facilities under GSA's control 
are not accessible and usable by individuals with handicaps, GSA shall 
be jointly responsible with the agency for resolving the complaint and 
shall participate in making findings of fact and conclusions of law in 
prescribing and implementing appropriate remedies for each violation 
found.
    (b) GSA shall make reasonable efforts to follow the time frames for 
complaint resolution that go into effect under the notifying occupant 
agency's compliance procedures when it receives a complete complaint.
    (c) Receipt of a copy of the complete complaint by GSA shall 
constitute notification to GSA for purposes of Sec.  105-8.171(a).



PART 105	50_PROVISION OF SPECIAL OR TECHNICAL SERVICES TO 
STATE AND LOCAL UNITS OF GOVERNMENT--Table of Contents



Sec.
105-50.000 Scope of part.
105-50.001 Definitions.
105-50.001-1 State.
105-50.001-2 Political subdivision or local government.
105-50.001-3 Unit of general local government.
105-50.001-4 Special-purpose unit of local government.
105-50.001-5 Specialized or technical services.
105-50.001-6 GSA.

                   Subpart 105	50.1_General Provisions

105-50.101 Purpose.
105-50.102 Applicability.
105-50.103 Policy.
105-50.104 Limitations.
105-50.105 Coordination of requests.
105-50.106 GSA response to requests.

Subpart 105	50.2_Services Available From General Services Administration

105-50.201 Agencywide mission.
105-50.202 Specific services.
105-50.202-1 Copies of statistical or other studies.
105-50.202-2 Preparation of or assistance in the conduct of statistical 
          or other studies.
105-50.202-3 Training.
105-50.202-4 Technical assistance incident to Federal surplus personal 
          property.
105-50.202-5 Data processing services.
105-50.202-6 Communications services.
105-50.202-7 Technical information and advice.

       Subpart 105	50.3_Principles Governing Reimbursements to GSA

105-50.301 Established fees.
105-50.302 Special fee schedules.
105-50.303 Cost basis in lieu of fees.
105-50.304 Services provided through revolving funds.
105-50.304a Deposits.
105-50.305 Exemptions.

                        Subpart 105	50.4_Reports

105-50.401 Reports submitted to the Congress.
105-50.402 Reports submitted to the Office of Management and Budget.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec. 302, 
82 Stat. 1102; 42 U.S.C. 4222.

    Source: 41 FR 21451, May 26, 1976, unless otherwise noted.



Sec.  105-50.000  Scope of part.

    This part prescribes rules and procedures governing the provision of 
special or technical services to State and local units of government by 
GSA. This part also prescribes principles governing reimbursements for 
such services.



Sec.  105-50.001  Definitions.

    The following definitions are established for terms used in this 
part.



Sec.  105-50.001-1  State.

    State means any of the several States of the United States, the 
District of Columbia, Puerto Rico, any territory or possession of the 
United States, or any agency or instrumentality of a State, but does not 
include the governments of the political subdivisions of the State.



Sec.  105-50.001-2  Political subdivision or local government.

    Political subdivision or local government means a local unit of 
government, including specifically a county, municipality, city, town, 
township, or a school or other special district created by or pursuant 
to State law.

[[Page 433]]



Sec.  105-50.001-3  Unit of general local government.

    Unit of general local government means any city, county, town, 
parish, village, or other general purpose political subdivision of a 
State.



Sec.  105-50.001-4  Special-purpose unit of local government.

    Special-purpose unit of local government means any special district, 
public-purpose corporation, or other strictly limited-purpose political 
subdivision of a State, but shall not include a school district.



Sec.  105-50.001-5  Specialized or technical services.

    Specialized or technical services means statistical and other 
studies and compilations, development projects, technical tests and 
evaluations, technical information, training activities, surveys, 
reports, documents, and any other similar service functions which any 
department or agency of the executive branch of the Federal Government 
is especially equipped and authorized by law to perform.



Sec.  105-50.001-6  GSA.

    GSA means the General Services Administration.



                   Subpart 105	50.1_General Provisions



Sec.  105-50.101  Purpose.

    (a) This part 105-50 implements the provisions of Title III of the 
Intergovernmental Cooperation Act of 1968 (82 Stat. 1102, 42 U.S.C. 
4221-4225), the purpose of which is stated as follows:

    It is the purpose of this title to encourage intergovernmental 
cooperation in the conduct of specialized or technical services and 
provision of facilities essential to the administration of State or 
local governmental activities, many of which are nationwide in scope and 
financed in part by Federal funds; to enable state and local governments 
to avoid unnecessary duplication of special service functions; and to 
authorize all departments and agencies of the executive branch of the 
Federal Government which do not have such authority to provide 
reimbursable specialized or technical services to State and local 
governments.

    (b) This part is consistent with the rules and regulations 
promulgated by the Director, Office of Management and Budget, in the 
Office of Management and Budget Circular No. A-97, dated August 29, 
1969, issued pursuant to section 302 of the cited Act (42 U.S.C. 4222).



Sec.  105-50.102  Applicability.

    This part is applicable to all organizational elements of GSA 
insofar as the services authorized to be performed in subpart 105-50.2 
fall within their designated functional areas.



Sec.  105-50.103  Policy.

    It is the policy of GSA to cooperate to the maximum extent possible 
with State and local units of government in providing the specialized or 
technical services authorized within the limitations set forth in Sec.  
105-50.104.



Sec.  105-50.104  Limitations.

    The specialized or technical services provided under this part may 
be provided, in the discretion of the Administrator of General Services, 
only under the following conditions:
    (a) Such services will be provided only to the States, political 
subdivisions thereof, and combinations or associations of such 
governments or their agencies and instrumentalities.
    (b) Such services will be provided only upon the written request of 
a State or political subdivision thereof. Requests normally will be made 
by the chief executives of such entities and will be addressed to the 
General Services Administration as provided in Sec.  105-50.105.
    (c) Such services will not be provided unless GSA is providing 
similar services for its own use under the policies set forth in the 
Office of Management and Budget Circular No. A-76 Revised, dated August 
30, 1967, subject: Policies for acquiring commercial or industrial 
products and services for Government use. In addition, in accordance 
with the policies set forth in Circular No. A-76, the requesting entity 
must certify that such services cannot be procured reasonably and 
expeditiously through ordinary business channels.
    (d) Such services will not be provided if they require any additions 
of staff or

[[Page 434]]

involve outlays for additional equipment or other facilities solely for 
the purpose of providing such services, except where the costs thereof 
are charged to the user of such services. Further, no staff additions 
may be made which impede the implementation of, or adherence to, the 
employment ceilings contained in the Office of Management and Budget 
allowance letters.
    (e) Such services will be provided only upon payment or provision 
for reimbursement by the unit of government making the request of 
salaries and all other identifiable direct and indirect costs of 
performing such services. For cost determination purposes, GSA will be 
guided by the policies set forth in the Office of Management and Budget 
Circular No. A-25, dated September 23, 1959, subject: User charges.



Sec.  105-50.105  Coordination of requests.

    (a) All inquiries of a general nature concerning services GSA can 
provide shall be addressed to the General Services Administration (BR), 
Washington, DC 20405. The Director of Management Services, Office of 
Administration, shall serve as the central coordinator for such 
inquiries and shall assign them to the appropriate organizational 
element of GSA for expeditious handling.
    (b) Requests for specific services may be addressed directly to 
Heads of Services and Staff Offices and to Regional Administrators. 
Section 105-50.202 describes the specific services GSA can provide.
    (c) If the proper GSA organizational element is not known to the 
State or local unit of government, the request shall be addressed as in 
paragraph (a) of this section to ensure appropriate handling.



Sec.  105-50.106  GSA response to requests.

    (a) Direct response to each request shall be made by the Head of the 
applicable Service or Staff Office or Regional Administrator. He shall 
outline the service to be provided and the fee or reimbursement 
required. Any special conditions concerning time and priority, etc., 
shall be stated. Written acceptance by the authorized State or local 
governmental entity shall constitute a binding agreement.
    (b) Heads of Services and Staff Offices and Regional Administrators 
shall maintain complete records and controls of services provided on a 
calendar year basis to facilitate accurate, annual reporting, as 
required in Sec.  105-50.401.



Subpart 105	50.2_Services Available From General Services Administration



Sec.  105-50.201  Agencywide mission.

    (a) In its role as a central property management agency, GSA 
constructs, leases, operates, and maintains office and other space: 
procures and distributes supplies; coordinates and provides for the 
economic and efficient purchase, lease, sharing, and maintenance of 
automatic data processing equipment by Federal agencies; manages 
stockpiles of materials maintained for use in national emergencies; 
transfers excess real and personal property among Federal agencies for 
further use; disposes of surplus real and personal property, by donation 
or otherwise, as well as materials excess to stockpile requirements; 
operates centralized data processing centers and telecommunications and 
motor pool systems; operates the National Archives and Presidential 
libraries; and provides a variety of records management services, 
including the operation of centers for storing and administering 
records, as well as other common services.
    (b) Special or technical services may be provided by many 
organizational elements of GSA with respect to their functional areas, 
but the requesting State or local agency needs only to know that the 
service desired is related to one or more of the functional areas 
described above and direct its request as provided for under Sec.  105-
50.105. State and local units of government are also encouraged to 
consult the ``Catalog of Federal Domestic Assistance'' as a more 
complete guide to the many other Federal assistance programs available 
to them. The catalog, issued annually and updated periodically by the 
Office of Management and Budget, is available through the Superintendent 
of

[[Page 435]]

Documents, Government Printing Office, Washington, DC 20402.



Sec.  105-50.202  Specific services.

    Within the functional areas identified in Sec.  105-50.201, GSA can 
provide the services hereinafter described.



Sec.  105-50.202-1  Copies of statistical or other studies.

    This material includes a copy of any existing statistical or other 
studies and compilations, results of technical tests and evaluations, 
technical information, surveys, reports, and documents, and any such 
materials which may be developed or prepared in the future to meet the 
needs of the Federal Government or to carry out normal program 
responsibilities of GSA.



Sec.  105-50.202-2  Preparation of or assistance in the conduct of
statistical or other studies.

    (a) This service includes preparation of statistical or other 
studies and compilations, technical tests and evaluations, technical 
information, surveys, reports, and documents and assistance in the 
conduct of such activities and in the preparation of such materials, 
provided they are of a type similar to those which GSA is authorized by 
law to conduct or prepare and when resources are available.
    (b) Specific areas in which GSA can conduct or participate in the 
conduct of studies include:
    (1) Space management, including assignment and utilization;
    (2) Supply management, including laboratory tests and evaluations;
    (3) Management of motor vehicles;
    (4) Archives and records management;
    (5) Automatic data processing systems; and
    (6) Telecommunications and teleprocessing systems and services.



Sec.  105-50.202-3  Training.

    (a) This training consists of the type which GSA is authorized by 
law to conduct for Federal personnel and others or which is similar to 
such training.
    (b) Descriptions of the specific training courses conducted by GSA 
are published annually in the Interagency Training Programs bulletin, 
copies of which are available from the U.S. Civil Service Commission, 
Washington, D.C. 20415.



Sec.  105-50.202-4  Technical assistance incident to Federal surplus
personal property.

    Technical assistance will be provided in the screening and selection 
of surplus personal property under existing laws, provided such aid 
primarily strengthens the ability of the recipient in developing its own 
capacity to prepare proposals.



Sec.  105-50.202-5  Data processing services.

    GSA will develop ADP logistical feasibility studies, software, 
systems analyses, and programs. To the extent that data processing 
capabilities are available, GSA will also assist in securing data 
processing services on a temporary, short term basis from other Federal 
facilities or Federal Data Processing Centers.



Sec.  105-50.202-6  Communications services.

    GSA will continue to make its bulk rate circuit ordering services 
available for use by State and local governments. Under a revised tariff 
effective December 12, 1971, GSA will bill the State and local 
governments for their share of the TEL PAK costs. Services provided 
prior to December 12, 1971, will be billed by the contractors under the 
former arrangements. In addition, certain activities, such as surplus 
property agencies which have frequent communications with Federal 
agencies, will be given access to the Federal Telecommunications System 
switchboards.



Sec.  105-50.202-7  Technical information and advice.

    GSA will provide technical information, personnel management systems 
services, and technical advice on improving logistical and management 
services which GSA normally provides for itself or others under existing 
authorities.

[[Page 436]]



       Subpart 105	50.3_Principles Governing Reimbursements to GSA



Sec.  105-50.301  Established fees.

    Where there is an established schedule of fees for services to other 
Government agencies or the public, the schedule shall be used as the 
basis for reimbursement for like services furnished to State and local 
governments.



Sec.  105-50.302  Special fee schedules.

    Where there is no established schedule of fees for types of service 
which are ordinarily reimbursed on a fee basis, such schedules may be 
developed and promulgated in conjunction with the Office of 
Administration. The fees so established shall cover all direct costs, 
such as salaries of personnel involved plus personnel benefits, travel, 
and other related expenses and all indirect costs such as management, 
supervisory, and staff support expenses determined or estimated from the 
best available records in GSA. Periodically, fees shall be reviewed for 
adequacy of recovery and adjusted as necessary.



Sec.  105-50.303  Cost basis in lieu of fees.

    Where the cost of services is to be recovered on other than a fee 
basis, upon receipt of a request from a State or local government for 
such services, a written reply shall be prepared by the service or staff 
office receiving the request stating the basis for reimbursement for the 
services to be performed. The proposal shall be based on an estimate of 
all direct costs, such as salaries of personnel involved plus personnel 
benefits, travel, and other related expenses and on such indirect costs 
as management, supervisory, and staff support expenses. An appropriate 
surcharge may be developed to recover these indirect costs. The terms 
thereof shall be concurred in by the Director of Administration. 
Acceptance in writing by the requester shall constitute a binding 
agreement between GSA and the requesting governmental unit.



Sec.  105-50.304  Services provided through revolving funds.

    Where the service furnished is of the type which GSA is now billing 
through revolving funds, reimbursement shall be obtained from State and 
local governments on the same basis; i.e., the same pricing method, 
billing forms, and billing support shall be used.



Sec.  105-50.304a  Deposits.

    Reimbursements to GSA for furnishing special or technical services 
to State and local units of government will be deposited to the credit 
of the appropriation from which the cost of providing such services has 
been paid or is to be charged if such reimbursements are authorized. 
Otherwise, the reimbursements will be credited to miscellaneous receipts 
in the U.S. Treasury (42 U.S.C. 4223).



Sec.  105-50.305  Exemptions.

    (a) Single copies of existing reports covering studies and 
statistical compilations and other data or publications for which there 
is no established schedule of fees shall be furnished without charge 
unless significant expense is incurred in reproducing the material, in 
which instance the actual cost thereof shall be charged.
    (b) GSA may, pursuant to section 302 of the Intergovernmental 
Personnel Act of 1970 (42 U.S.C. 4742), admit employees of State and 
local units of government to training programs established for 
professional, administrative, or technical personnel and may waive the 
requirement for reimbursement in whole or in part.



                        Subpart 105	50.4_Reports



Sec.  105-50.401  Reports submitted to the Congress.

    (a) The Administrator of General Services will furnish annually to 
the respective Committees on Government Operations of the Senate and the 
House of Representatives a summary report on the scope of the services 
provided under Title III of the act and this part.
    (b) Heads of Services and Staff Offices and all Regional 
Administrators shall furnish the Director of Management Services, OAD, 
by no later than January 15 of each year, the following information 
concerning services provided during the preceding calendar year to State 
and local units of government:

[[Page 437]]

    (1) A brief description of the services provided, including any 
other pertinent data;
    (2) The State and/or local unit of government involved; and
    (3) The cost of GSA to provide the service, including the amount of 
reimbursement, if any, made by the benefitting government.
    (c) Reports Control Symbol LAW-27-OA is assigned to this report.



Sec.  105-50.402  Reports submitted to the Office of Management and Budget.

    Copies of the foregoing reports will be submitted by the 
Administrator to the Office of Management and Budget not later than 
March 30 of each year.



PART 105	51_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS--Table of Contents



    Authority: Sec. 213, Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42 
U.S.C. 4601) as amended by the Surface Transportation and Uniform 
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101 Stat. 
246-256 (42 U.S.C. 4601 note).



Sec.  105-51.001  Uniform relocation assistance and real property acquisition.

    Regulations and procedures for complying with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 
91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV 
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth 
in 49 CFR part 24.

[52 FR 48024, Dec. 17, 1987; 54 FR 8913, Mar. 2, 1989]



PART 105	53_STATEMENT OF ORGANIZATION AND FUNCTIONS--Table of Contents



Sec.
105-53.100 Purpose.

                            Subpart A_General

105-53.110 Creation and authority.
105-53.112 General statement of functions.
105-53.114 General statement of organization.
105-53.116 General regulations.
105-53.118 Locations of material available for public inspection.
105-53.120 Address and telephone numbers.

                        Subpart B_Central Offices

105-53.130 Office of the Administrator.
105-53.130-1 [Reserved]
105-53.130-2 Office of Ethics and Civil Rights.
105-53.130-3 Office of the Executive Secretariat.
105-53.130-4 Office of Small and Disadvantaged Business Utilization.
105-53.131 Office of Inspector General.
105-53.132 Civilian Board of Contract Appeals.
105-53.133 Information Security Oversight Office.
105-53.134 Office of Administration.
105-53.135 [Reserved]
105-53.136 Office of Congressional Affairs
105-53.137 Office of Acquisition Policy.
105-53.138 Office of General Counsel.
105-53.139 Office of the Comptroller.
105-53.140 Office of Operations and Industry Relations.
105-53.141 Office of Policy Analysis.
105-53.142 Office of Public Affairs.
105-53.143 Information Resources Management Service.
105-53.144 Federal Property Resources Service.
105-53.145 Federal Supply Service.
105-53.146 [Reserved]
105-53.147 Public Buildings Service.

                       Subpart C_Regional Offices

105-53.150 Organization and functions.
105-53.151 Geographic composition, addresses, and telephone numbers.

    Authority: 5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec. 
(a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).

    Source: 48 FR 25200, June 6, 1983, unless otherwise noted.



Sec.  105-53.100  Purpose.

    This part is published in accordance with 5 U.S.C. 552 and is a 
general description of the General Services Administration.



                            Subpart A_General



Sec.  105-53.110  Creation and authority.

    The General Services Administration was established by section 101 
of the Federal Property and Administrative

[[Page 438]]

Services Act of 1949 (63 Stat. 377), effective July 1, 1949. The act 
consolidated and transferred to the agency a variety of real and 
personal property and related functions fomerly assigned to various 
agencies. Subsequent laws and Executive orders assigned other related 
functions and programs.



Sec.  105-53.112  General statement of functions.

    The General Services Administration, as a major policy maker, 
provides guidance and direction to Federal agencies in a number of 
management fields. GSA formulates and prescribes a variety of 
Governmentwide policies relating to procurement and contracting; real 
and personal property management; transportation, public transportation, 
public utilities and telecommunications management; automated data 
processing management; records management; the use and disposal of 
property; and the information security program. In addition to its 
policy role, GSA also provides a variety of basic services in the 
aforementioned areas to other Government agencies. A summary description 
of these services is presented by organizational component in subpart B.

[54 FR 26741, June 26, 1989]



Sec.  105-53.114  General statement of organization.

    The General Services Administration is an independent agency in the 
executive branch of the Government. The work of the agency as a whole is 
directed by the Administrator of General Services, who is assisted by 
the Deputy Administrator. A summary description of each of GSA's major 
functions and organizational components is presented in subparts B and 
C.



Sec.  105-53.116  General regulations.

    Regulations of the General Services Administration and its 
components are codified in the Code of Federal Regulations in title 1, 
chapters I and II; title 32, chapter XX; title 41, chapters 1, 5, 101, 
105, and 201; and title 48, chapters 1 and 5. Titles 1, 32, 41, and 48 
of the Code of Federal Regulations are available for review at most 
legal and depository libraries and at the General Services 
Administration Central Office and regional offices. Copies may be 
purchased from the Superintendent of Documents, Government Printing 
Office, Washington, DC 20402.

[49 FR 24995, June 19, 1984]



Sec.  105-53.118  Locations of material available for public inspection.

    GSA maintains reading rooms containing materials available for 
public inspection and copying at the following locations:
    (a) General Services Administration, 18th & F Streets, NW., Library 
(Room 1033), Washington, DC 20405. Telephone 202-535-7788.
    (b) Business Service Center, General Services Administration, 10 
Causeway Street, Boston, MA 02222. Telephone: 617-565-8100.
    (c) Business Service Center, General Services Administration, 26 
Federal Plaza, NY, NY 10278. Telephone: 212-264-1234.
    (d) Business Service Center, General Services Administration, 
Seventh & D Streets, SW., Room 1050, Washington, DC 20407. Telephone: 
202-472-1804.
    (e) Business Service Center, General Services Administration, Ninth 
& Market Streets, Room 5151, Philadelphia, PA 19107. Telephone: 215-597-
9613.
    (f) Business Service Center, General Services Administration, 
Richard B. Russell Federal Building, U.S. Courthouse, 75 Spring Street, 
SW., Atlanta, GA 30303, Telephone: 404/331-5103.
    (g) Business Service Center, General Services Administration, 230 
South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5383.
    (h) Business Service Center, General Services Administration, 1500 
East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7203.
    (i) Business Service Center, General Services Administration, 819 
Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-3284.
    (j) Business Service Center, General Services Administration, Denver 
Federal Center, Denver, CO 80225. Telephone: 303-236-7408.
    (k) Business Service Center, General Services Administration, 525 
Market Street, San Francisco, CA 94105. Telephone: 415-974-9000.
    (l) Business Service Center, General Services Administration, 300 
North Los

[[Page 439]]

Angeles Street, Room 3259, Los Angeles, CA 90012. Telephone: 213-688-
3210.
    (m) Business Service Center, General Services Administration, GSA 
Center, Auburn, WA 98001. Telephone: 206-931-7957.

[48 FR 25200, June 6, 1983, as amended at 49 FR 24995, June 19, 1984; 50 
FR 26363, June 26, 1985; 51 FR 23229, June 26, 1986; 52 FR 23657, June 
24, 1987; 53 FR 23761, June 24, 1988]



Sec.  105-53.120  Address and telephone numbers.

    The Office of the Administrator; Office of Civil Rights; Office of 
Citizen Services and Innovative Technologies; Office of the Chief 
Information Officer; Office of Emergency Response and Recovery; Office 
of the Chief Financial Officer; Chief Administrative Services Officer; 
Office of Congressional and Intergovernmental Affairs; Office of Small 
Business Utilization; Office of General Counsel; Office of the Chief 
People Officer; Office of Communications and Marketing; Office of 
Governmentwide Policy; Public Buildings Service and the Office of 
Inspector General are located at 18th and F Streets NW., Washington, DC 
20405. The Federal Acquisition Service is located at 2200 Crystal Drive 
Room 1000, Arlington, VA 22202-3713; however, the mailing address is 
Washington, DC 20406. The telephone number for the above addresses is 
202-472-1082. The Civilian Board of Contract Appeals (CBCA) is located 
at 1800 M Street NW., 6th Floor, Washington, DC 20036; however, the CBCA 
mailing address is 1800 F Street NW., Washington, DC 20405. The CBCA 
telephone number is 202-606-8800. The addresses of the eleven regional 
offices are provided in Sec.  105-53.151.

[78 FR 29246, May 20, 2013]



                        Subpart B_Central Offices



Sec.  105-53.130  Office of the Administrator.

    The Administrator of General Services, appointed by the President 
with the advice and consent of the Senate, directs the execution of all 
programs assigned to the General Services Administration. The Deputy 
Administrator, who is appointed by the Administrator, assists in 
directing agency programs and coordinating activities related to the 
functions of the General Services Administration.



Sec.  105-53.130-1  [Reserved]



Sec.  105-53.130-2  Office of Ethics and Civil Rights.

    The Office of Ethics and Civil Rights, headed by the Special Counsel 
for Ethics and Civil Rights, is responsible for developing, directing, 
and monitoring the agency's programs governing employee standards of 
ethical conduct, equal employment opportunity, and civil rights. It is 
the focal point for the agency's implementation of the Ethics in 
Government Act of 1978. The principal statutes covering the Civil Rights 
Program are Titles VI and VII of the Civil Rights Act of 1964, Title IX 
of the Educational Amendments Act of 1972, sections 501 and 504 of the 
Vocational Rehabilitation Act of 1973, the Age Discrimination in 
Employment Act of 1975, and the Equal Pay Act.

[53 FR 23761, June 24, 1988]



Sec.  105-53.130-3  Office of the Executive Secretariat.

    The Office of the Executive Secretariat, headed by the Director of 
the Executive Secretariat, is responsible for policy coordination, 
correspondence control, and various administrative tasks in support of 
the Administrator and Deputy Administrator.



Sec.  105-53.130-4  Office of Small and Disadvantaged Business Utilization.

    (a) Creation and authority. Public Law 95-507, October 14, 1978, an 
amendment to the Small Business Act and the Small Business Investment 
Act of 1958, established in each Federal agency having procurement 
authority the Office of Small and Disadvantaged Business Utilization. 
Each office is headed by a Director of Small and Disadvantaged Business 
Utilization. The Director is appointed by the head of the agency or 
department.
    (b) Functions. The Director of Small and Disadvantaged Business 
Utilization is responsible for the implementation and execution of the 
functions and duties under Sections 8 and 15 of the Small Business Act 
to include the

[[Page 440]]

issuance of policy direction and guidance. The office provides 
information, assistance, and counseling to business concerns, including 
small businesses, small socially and economically disadvantaged persons, 
women-owned businesses, labor surplus area concerns, and workshops 
operated by the blind and other severely handicapped persons. The office 
also conducts outreach, liaison, source listings, and seminars for small 
and disadvantaged businesses and coordinates and promotes procurement 
programs and policies.



Sec.  105-53.131  Office of Inspector General.

    (a) Creation and authority. Public Law 95-452, known as the 
Inspector General Act of 1978, consolidated existing audit and 
investigation functions and established an Office of Inspector General 
in 11 major domestic departments and agencies, including GSA. Each 
office is headed by an Inspector General appointed by the President with 
the advice and consent of the Senate.
    (b) Functions. The Office of Inspector General is responsible for 
policy direction and conduct of audit, inspection, and investigation 
activities relating to programs and operations of GSA; and maintaining 
liaison with other law enforcement agencies, the Department of Justice, 
and United States Attorneys on all matters relating to the detection and 
prevention of fraud and abuse. The Inspector General reports 
semiannually to the Congress through the Administrator concerning fraud, 
abuses, other serious problems, and deficiencies of agency programs and 
operations; recommends corrective action; and reports on progress made 
in implementing these actions.



Sec.  105-53.132  Civilian Board of Contract Appeals.

    (a) Creation and authority. The Civilian Board of Contract Appeals, 
headed by the Chairman, Civilian Board of Contract Appeals, was 
established on January 6, 2007, pursuant to section 847 of the National 
Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163, 119 
Stat. 3391.
    (b) Functions. The CBCA hears, considers, and decides contract 
disputes between Government contractors and Executive agencies (other 
than the U.S. Department of Defense, the U.S. Department of the Army, 
the U.S. Department of the Navy, the U.S. Department of the Air Force, 
the U.S. National Aeronautics and Space Administration, the U.S. Postal 
Service, the Postal Rate Commission, and the Tennessee Valley Authority) 
under the provisions of the Contract Disputes Act, 41 U.S.C. 7101-7109, 
and regulations and rules issued thereunder. The Board also conducts 
other proceedings as required or permitted under statutes or 
regulations. Such other proceedings include the resolution of disputes 
involving grants and contracts under the Indian Self-Determination and 
Education Assistance Act, 25 U.S.C. 450, et seq.; the resolution of 
disputes between insurance companies and the U.S. Department of 
Agriculture's Risk Management Agency (RMA) involving actions of the 
Federal Crop Insurance Corporation (FCIC) pursuant to the Federal Crop 
Insurance Act, 7 U.S.C. 1501, et seq.; requests by carriers or freight 
forwarders to review actions taken by the Audit Division of the U.S. 
General Services Administration's Office of Transportation and Property 
Management pursuant to 31 U.S.C. 3726(i)(1); claims by Federal civilian 
employees against the United States for reimbursement of expenses 
incurred while on official temporary duty travel, and expenses incurred 
in connection with relocation to a new duty station pursuant to 31 
U.S.C. 3702; and requests of agency disbursing or certifying officials, 
or agency heads, on questions involving payment of travel or relocation 
expenses pursuant to section 204 of the U.S. General Accounting Office 
Act of 1996, Public Law 104-316.
    (c) Regulations. Regulations pertaining to CBCA programs are 
published in 48 CFR Chapter 61. Information on availability of the 
regulations is provided in Sec.  105-53.116.

[78 FR 29246, May 20, 2013]



Sec.  105-53.133  Information Security Oversight Office.

    (a) Creation and authority. The Information Security Oversight 
Office (ISOO), headed by the Director of

[[Page 441]]

ISOO, who is appointed by the Administrator with the approval of the 
President, was established by the Administrator on November 20, 1978, 
under the provisions of Executive Order 12065. Effective August 1, 1982, 
this authority is based upon Executive Order 12356, which superseded 
E.O. 12065.
    (b) Functions. ISOO oversees and ensures, under the general policy 
direction of the National Security Council, Government-wide 
implementation of the information security program established by 
Executive order.
    (c) Regulations. Regulations pertaining to ISOO Programs are 
published in 32 CFR chapter XX, part 2000 et seq.



Sec.  105-53.134  Office of Administration.

    The Office of Administration, headed by the Associate Administrator 
for Administration, participates in the executive leadership of the 
agency; providing advice on the formulation of major policies and 
procedures, particularly those of a critical or controversial nature, to 
the Administrator and Deputy Administrator. The Office plans and 
administers programs in organization, productivity improvement, position 
management, training, staffing, position classification and pay 
administration, employee relations, workers' compensation, career 
development, GSA internal security, reporting requirements, regulations, 
internal directives, records correspondence procedures, Privacy and 
Freedom of Information Acts, printing and duplicating, mail, 
telecommunications, graphic design, cooperative administrative support, 
and support for congressional field offices. The office also serves as 
the central point of control for audit and inspection reports from the 
Inspector General and the Comptroller General of the United States; and 
manages the GSA internal controls evaluation, improvement, and reporting 
program. In addition, the office includes a secretariat to oversee 
Federal advisory committees.

[54 FR 26741, June 26, 1989]



Sec.  105-53.135  [Reserved]



Sec.  105-53.136  Office of Congressional Affairs.

    The Office of Congressional Affairs, headed by the Associate 
Administrator for Congressional Affairs, is responsible for directing 
and coordinating the legislative and congressional activities of GSA.

[54 FR 26742, June 26, 1989]



Sec.  105-53.137  Office of Acquisition Policy.

    (a) Functions. The Office of Acquisition Policy (OAP), headed by the 
Associate Administrator for Acquisition Policy, serves as the single 
focal point for GSA acquisition and contracting matters and is 
responsible for ensuring that the GSA procurement process is executed in 
compliance with all appropriate public laws and regulations and is based 
on sound business judgment. Also, OAP exercises Governmentwide 
acquisition responsibilities through its participation with the 
Department of Defense and the National Aeronautics and Space 
Administration in the development and publication of the Federal 
Acquisition Regulation.
    (b) Regulations. Regulations pertaining to OAP programs are 
published in 48 CFR chapter 1, Federal Acquisition Regulation (FAR), and 
in 48 CFR chapter 5, General Services Acquisition Regulation (GSAR). 
Information on availability of the regulations is provided in Sec.  105-
53.116.

[52 FR 23657, June 24, 1987]



Sec.  105-53.138  Office of General Counsel.

    Functions. The Office of General Counsel (OGC), headed by the 
General Counsel, is responsible for providing all legal services to the 
services, programs offices, staff offices, and regions of GSA with the 
exception of certain legal activities of the Office of Inspector General 
and legal activities of the Civilian Board of Contract Appeals; drafts 
legislation proposed by GSA;

[[Page 442]]

furnishes legal advice required in connection with reports on 
legislation proposed by other agencies; provides liaison on legal 
matters with other Federal agencies; coordinates with the Department of 
Justice in litigation matters; and reviews and gives advice on matters 
of contract policy and contract operations.

[48 FR 25200, June 6, 1983, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-53.139  Office of the Comptroller.

    (a) Functions. The Office of the Comptroller, headed by the 
Comptroller, is responsible for centralized agencywide budget and 
accounting functions; overall allocation and administrative control of 
agencywide resources and financial management programs; planning, 
developing, and directing GSA's executive management information system; 
and overseeing implementation of OMB Circular A-76 agencywide.
    (b) Regulations. Regulations pertaining to the Office of the 
Comptroller's programs are published in 41 CFR part 101-2. Information 
on availability of the regulations is provided in Sec.  105-53.116.

[51 FR 23230, June 26, 1986, as amended at 53 FR 23762, June 24, 1988; 
54 FR 26742, June 26, 1989]



Sec.  105-53.140  Office of Operations and Industry Relations.

    The Office of Operations and Industry Relations, headed by the 
Associate Administrator for Operations and Industry Relations, is 
responsible for formulating GSA-wide policy that relates to regional 
operations, supervising GSA's Regional Administrators, and planning and 
coordinating GSA business and industry relations and customer liaison 
activities.

[54 FR 26742, June 26, 1989]



Sec.  105-53.141  Office of Policy Analysis.

    The Office of Policy Analysis, headed by the Associate Administrator 
for Policy Analysis, is responsible for providing analytical support, 
independent, objective information concerning management policies and 
programs, and technical and analytical assistance in the areas of policy 
analysis and resource allocation to the Administrator, senior officials, 
and organizations in GSA.

[51 FR 23230, June 26, 1986]



Sec.  105-53.142  Office of Public Affairs.

    The Office of Public Affairs, headed by the Associate Administrator 
for Public Affairs, is responsible for the planning, implementation, and 
coordination of GSA public information and public events and employee 
communication activities, and managing and operating the Consumer 
Information Center.

[51 FR 23230, June 26, 1986]



Sec.  105-53.143  Information Resources Management Service.

    (a) Creation and authority. The Information Resources Management 
Service (IRMS), headed by the Commissioner, Information Resources 
Management Service, was established as the Office of Information 
Resources Management on August 17, 1982 and subsequently redesignated as 
IRMS on November 17, 1985, by the Administrator of General Services. The 
Information Resources Management Service was assigned responsibility for 
administering the Governmentwide information resources management 
program, including records management, and procurement, management, and 
use of automatic data processing and telecommunications resources.
    (b) Functions. IRMS is responsible for directing and managing 
Governmentwide programs for the procurement and use of automatic data 
processing (ADP), office information systems, and telecommunications 
equipment and services; developing and coordinating Governmentwide 
plans, policies, procedures, regulations, and publications pertaining to 
ADP; telecommunications and records management activities; managing and 
operating the Information Technology Fund; managing and operating the 
Federal Telecommunications System (FTS); planning and directing programs 
for improving Federal records and information management practices 
Governmentwide; managing and operating the

[[Page 443]]

Federal Information Centers; developing and overseeing GSA policy 
concerning automated information systems, equipment, and facilities; and 
providing policy and program direction for the GSA Emergency 
Preparedness and Disaster Support Programs.
    (c) Regulations. Regulations pertaining to IRMS programs are 
published in 41 CFR chapter 201, Federal Information Resources 
Management Regulation (FIRMR), and 48 CFR chapters 1 and 5. Information 
on availability of the regulations is provided in Sec.  105-53.116.

[51 FR 23230, June 26, 1986, as amended at 52 FR 23657, June 24, 1987]



Sec.  105-53.144  Federal Property Resources Service.

    (a) Creation and authority. The Federal Property Resources Service 
(FPRS), headed by the Commissioner, Federal Property Resources Service, 
was established on July 18, 1978, by the Administrator of General 
Services to carry out the utilization and disposal functions for real 
and related personal property.
    (b) Functions. FPRS is responsible for utilization surveys of 
Federal real property holdings; the reuse of excess real property; and 
the disposal of surplus real property.
    (c) Regulations. Regulations pertaining to FPRS programs are 
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapter H, and 48 
CFR chapter 1. Information on availability of the regulations is 
provided in Sec.  105-53.116

[54 FR 26742, June 26, 1989]



Sec.  105-53.145  Federal Supply Service.

    (a) Creation and authority. The Federal Supply Service (FSS), headed 
by the Commissioner, FSS, was established on December 11, 1949, by the 
Administrator of General Services to supersede the Bureau of Federal 
Supply of the Department of the Treasury which was abolished by the 
Federal Property and Administrative Services Act of 1949. The Federal 
Supply Service has been known previously as the Office of Personal 
Property and the Office of Federal Supply and Services.
    (b) Functions. FSS is responsible for determining supply 
requirements; procuring personal property and nonpersonal services; 
transferring excess (except ADP equipment) and donating and selling 
surplus personal property; managing GSA's Governmentwide transportation, 
traffic management, travel, fleet management, and employee relocation 
programs; auditing of transportation bills paid by the Government and 
subsequent settlement of claims; developing Federal standard purchase 
specifications and Commercial Item Descriptions; standardizing 
commodities purchased by the Federal Government; cataloging items of 
supply procured by civil agencies; and ensuring continuity of supply 
operations during defense emergency conditions.
    (c) Regulations. Regulations pertaining to FSS programs are 
published in 41 CFR chapters 1 and 5; 41 CFR chapter 101, subchapters A, 
E, G, and H; and in 48 CFR chapters 1 and 5. Information on availability 
of the regulations is provided in Sec.  105-53.116.

[49 FR 24996, June 19, 1984, as amended at 51 FR 23230, June 26, 1986]



Sec.  105-53.146  [Reserved]



Sec.  105-53.147  Public Buildings Service.

    (a) Creation and authority. The Public Buildings Service (PBS), 
headed by the Commissioner, Public Buildings Service, was established on 
December 11, 1949, by the Administrator of General Services to supersede 
the Public Buildings Administration, which was abolished by the Federal 
Property and Administrative Services Act of 1949.
    (b) Functions. PBS is responsible for the design, construction, 
management, maintenance, operation, alteration, extension, remodeling, 
preservation, repair, improvement, protection, and control of buildings, 
both federally owned and leased, in which are provided housing 
accommodations for Government activities; the acquisition, utilization, 
custody, and accountability for GSA real property and related personal 
property; representing the consumer interests of the Federal executive 
agencies before Federal and State rate regulatory commissions and 
providing procurement support and contracting for public utilities 
(except

[[Page 444]]

telecommunications); the Safety and Environmental Management Program for 
GSA managed Government-owned and-leased facilities; providing for the 
protection and enhancement of the cultural environment for federally 
owned sites, structures, and objects of historical, architectural, or 
archaeological significance; ensuring that Federal work space is used 
more effectively and efficiently; providing leadership in the 
development and maintenance of needed property management information 
systems for the Government; and coordination of GSA activities towards 
improving the environment, as required by the National Environmental 
Policy Act of 1959.
    (c) Regulations. Regulations pertaining to PBS programs are 
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapters D and H; 
and in 48 CFR chapter 1. Information on availability of the regulations 
is provided in Sec.  105-53.116.

[48 FR 25200, June 6, 1983, as amended at 49 FR 24996, June 19, 1984; 52 
FR 23658, June 24, 1987]



                       Subpart C_Regional Offices



Sec.  105-53.150  Organization and functions.

    Regional offices have been established in 11 cities throughout the 
United States. Each regional office is headed by a Regional 
Administrator who reports to the Associate Administrator for Operations 
and Industry Relations. The geographic composition of each region is 
shown in Sec.  105-53.151.

[54 FR 26742, June 26, 1989]



Sec.  105-53.151  Geographic composition, addresses, and telephone numbers.

            Regional Offices--General Services Administration

                           Region and Address

    No. 1. (Comprising the States of Connecticut, Maine, Massachusetts, 
New Hampshire, Rhode Island, and Vermont); Boston FOB, 10 Causeway 
Street, Boston, MA 02222. Telephone: 617-565-5860.
    No. 2. (Comprising the States of New Jersey and New York, the 
Commonwealth of Puerto Rico, and the Virgin Islands); 26 Federal Plaza, 
New York, NY 10278. Telephone: 212-264-2600.
    No. 3. (Comprising the States of Maryland, Virginia (except those 
jurisdictions within the National Capital Region boundaries), West 
Virginia, Pennsylvania, and Delaware); Ninth and Market Streets, 
Philadelphia, PA 19107. Telephone 215-597-1237.
    No. 4. (Comprising the States of Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee); 
75 Spring Street, SW., Atlanta, GA 30303. Telephone: 404-331-3200.
    No. 5. (Comprising the States of Illinois, Indiana, Michigan, 
Minnesota, Ohio, and Wisconsin); 230 South Dearborn Street, Chicago, IL 
60604. Telephone: 312-353-5395.
    No. 6. (Comprising the States of Iowa, Kansas, Missouri, and 
Nebraska); 1500 East Bannister Road, Kansas City, MO 64131. Telephone: 
816-926-7201.
    No. 7. (Comprising the States of Arkansas, Louisiana, New Mexico, 
Oklahoma, and Texas); 819 Taylor Street, Fort Worth, TX 76102. 
Telephone: 817-334-2321.
    No. 8. (Comprising the States of Colorado, Montana, North Dakota, 
South Dakota, Utah, and Wyoming); Building 41, Denver Federal Center, 
Denver, CO 80225. Telephone: 303-236-7329.
    No. 9. (Comprising Guam and the States of Arizona, California, 
Hawaii, and Nevada); 525 Market Street, San Francisco, CA 94105. 
Telephone : 415-974-9147.
    No. 10. (Comprising the States of Alaska, Idaho, Oregon, and 
Washington); GSA Center, Auburn, WA 98001. Telephone: 206-931-7000.
    National Capital Region. (Comprising the District of Columbia; 
Counties of Montgomery and Prince Georges in Maryland; and the City of 
Alexandria and the Counties of Arlington, Fairfax, Loudoun, and Prince 
William in Virginia); Seventh and D Streets, SW., Washington, DC 20407. 
Telephone: 202-472-1100.

[51 FR 23231, June 26, 1986, as amended at 52 FR 23658, June 24, 1987; 
53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989]



PART 105	54_ADVISORY COMMITTEE MANAGEMENT--Table of Contents



Sec.
105-54.000 Scope of part.

                   Subpart 105	54.1_General Provisions

105-54.101 Applicability.
105-54.102 Definitions.
105-54.103 Policy.
105-54.104 Responsibilities.

          Subpart 105	54.2_Establishment of Advisory Committees

105-54.200 Scope of subpart.

[[Page 445]]

105-54.201 Proposals for establishing advisory committees.
105-54.202 Review and approval of proposals.
105-54.203 Advisory committee charters.
105-54.203-1 Preparation of charters.
105-54.203-2 Active charters file.
105-54.203-3 Submission to Library of Congress.
105-54.204 Advisory committee membership.

             Subpart 105	54.3_Advisory Committee Procedures

105-54.300 Scope of subpart.
105-54.301 Meetings.
105-54.302 Committee records and reports.
105-54.303 Fiscal and administrative provisions.
105-54.304 Cost guidelines.
105-54.305 Renewal of advisory committees.
105-54.306 Amendment of advisory committee charters.
105-54.307 Termination of advisory committees.
105-54.308 Responsibilities of the Administrator.
105-54.309 Added responsibilities of service and staff office heads and 
          regional administrators.
105-54.310 Advisory committee duties of the GSA Committee Management 
          Officer.
105-54.311 Complaint procedures.

                        Subpart 105	54.4_Reports

105-54.400 Scope of subpart.
105-54.401 Reports on GSA Federal Advisory Committees.

    Authority: Pub. L. 92-463 dated October 6, 1972, as amended; and 5 
U.S.C. 552.

    Source: 53 FR 40224, Oct. 14, 1988, unless otherwise noted.



Sec.  105-54.000  Scope of part.

    This part sets forth policies and procedures in GSA regarding the 
establishment, operation, termination, and control of advisory 
committees for which GSA has responsibility. It implements the Federal 
Advisory Committee Act (Pub. L. 92-463), which authorizes a system 
governing the establishment and operation of advisory committees in the 
executive branch of the Federal Government, and Executive Order 11686 of 
October 7, 1972, which directs the heads of all executive departments 
and agencies to take appropriate action to ensure their ability to 
comply with the provisions of the Act.



                   Subpart 105	54.1_General Provisions



Sec.  105-54.101  Applicability.

    This part 105-54 applies to all advisory committees for which GSA 
has responsibility. This part also applies to any committee that advises 
GSA officials even if the committee were not established for that 
purpose. This applicability, however, is limited to the period of the 
committee's use as an advisory body. This part does not apply to:
    (a) An advisory committee exempted by an Act of Congress;
    (b) A local civic group whose primary function is to render a public 
service in connection with a Federal program;
    (c) A State or local committee, council, board, commission, or 
similar group established to advise or make recommendations to State or 
local officials or agencies;
    (d) A meeting initiated by the President or one or more Federal 
official(s) for the purpose of obtaining advice or recommendations from 
one individual;
    (e) A meeting with a group initiated by the President or one or more 
Federal official(s) for the sole purpose of exchanging facts or 
information;
    (f) A meeting initiated by a group with the President or one or more 
Federal official(s) for the purpose of expressing the group's views, 
provided that the President or Federal official(s) does not use the 
group recurrently as a preferred source of advice or recommendations;
    (g) A committee that is established to perform primarily operational 
as opposed to advisory functions. Operational functions are those 
specifically provided by law, such as making or implementing Government 
decisions or policy. An operational committee would be covered by the 
Act if it becomes primarily advisory in nature;
    (h) A meeting initiated by a Federal official(s) with more than one 
individual for the purpose of obtaining the advice of individual 
attendees and not for the purpose of utilizing the group to obtain 
consensus advice or recommendations. However, such a group would be 
covered by the Act when an

[[Page 446]]

agency accepts the group's deliberations as a source of consensus advice 
or recommendations;
    (i) A meeting of two or more advisory committee or subcommittee 
members convened solely to gather information or conduct research for a 
chartered advisory committee, to analyze relevant issues and facts, or 
to draft proposed position papers for deliberation by the advisory 
committee or a subcommittee of the advisory committee; and
    (j) A committee composed wholly of full-time officers or employees 
of the Federal Government.



Sec.  105-54.102  Definitions.

    (a) The term ``advisory committee'' means any committee, board, 
commission, council, conference, panel, task force, or other similar 
group or any subcommittee thereof that is:
    (1) Established by statute,
    (2) Established or utilized by the President, or
    (3) Established or utilized by any agency official to obtain advice 
or recommendations that are within the scope of his/her responsibilies.

The term ``advisory committee'' excludes the Advisory Committee on 
Intergovernmental Relations and any committees composed wholly of full-
time officers or employees of the Federal Government.
    (b) ``Presidential advisory committee'' means any committee that 
advises the President. It may be established by the President or by the 
Congress, or may be used by the President to obtain advice or 
recommendations.
    (c) ``Independent Presidential advisory committee'' means any 
Presidential advisory committee not assigned by the President, or the 
President's delegate, or by the Congress in law, to an agency for 
administrative and other support and for which the Administrator of 
General Services may provide administrative and other support on a 
reimbursable basis.
    (d) ``Committee member'' means an individual who serves by 
appointment on a committee and has the full right and obligation to 
participate in the activities of the committee, including voting on 
committee recommendations.
    (e) ``Staff member'' means any individual who serves in a support 
capacity to an advisory committee.
    (f) ``Secretariat'' means the General Services Administration's 
Committee Management Secretariat. Established pursuant to the Federal 
Advisory Committee Act, it is responsible for all matters relating to 
advisory committees, and carries out the Administrator's 
responsibilities under the Act and Executive Order 12024.
    (g) ``Utilized'' (or used), as stated in the definition of 
``advisory committee'' above, refers to a situation in which a GSA 
official adopts a committee or other group composed in whole or in part 
of other than full-time Federal officers or employees with an 
established existence outside GSA as a preferred source from which to 
obtain advice or recommendations on a specific issue or policy within 
the scope of his/her responsibilities in the same manner as that 
official would obtain advice or recommendations from an established 
advisory committee.



Sec.  105-54.103  Policy.

    The basic GSA policy on committee management is as follows:
    (a) Advisory committees will be formed or used by GSA only when 
specifically authorized by law, or by the President, or specifically 
determined as a matter of formal record by the Administrator of General 
Services to be in the public interest in connection with the performance 
of duties imposed on GSA by law;
    (b) Advisory committees will not be used to administer a function 
that is the assigned responsibility of a service or staff office;
    (c) The assigned responsibility of a GSA official may not be 
delegated to any committee;
    (d) No advisory committee may be used for functions that are not 
solely advisory unless specifically authorized by statute or 
Presidential directive. Making policy decisions and determining action 
to be taken with respect to any matter considered by an advisory 
committee is solely the responsibility of GSA; and
    (e) In carrying out its responsibilities, GSA will consult with and 
obtain

[[Page 447]]

the advice of interested groups substantially affected by its programs. 
The use of advisory committees for this purpose is considered to be in 
the public interest and necessary for the proper performance by GSA of 
its assigned functions.



Sec.  105-54.104  Responsibilities.

    (a) Responsibility for coordination and control of committee 
management in GSA is vested in the Associate Administrator for 
Administration, who serves as the GSA Committee Management Officer 
(CMO). This Officer carries out the functions prescribed in section 8(b) 
of the Federal Advisory Committee Act. In doing so, the Officer controls 
and supervises the establishment, procedures, and accomplishments of 
GSA-sponsored advisory committees. The Organization and Productivity 
Improvement Division, Office of Management Services, Office of 
Administration, provides staff resources and furnishes the Staff Contact 
Person (SCP) to the CMO.
    (b) The Head of each Service and Staff Office and each Regional 
Administrator selects a Committee Management Officer (CMO) to coordinate 
and control committee management within the service, staff office, or 
regional office and to act as liaison to the GSA Committee Management 
Officer. The duties of the CMOs are as follows:
    (1) Assemble and maintain the reports, records, and other papers of 
any GSA-sponsored committee during its existence (Arrangements may be 
made, however, for the Government chairperson or other GSA 
representative to retain custody of reports, records, and other papers 
to facilitate committee operations. After the committee is terminated, 
all committee records are disposed of following existing regulations.); 
and
    (2) Under agency regulations in 41 CFR 105-60, carry out the 
provisions of 5 U.S.C. 552 with respect to the reports, records, and 
other papers of GSA-sponsored advisory committees.



          Subpart 105	54.2_Establishment of Advisory Committees



Sec.  105-54.200  Scope of subpart.

    This subpart prescribes the policy and procedures for establishing 
advisory committees within GSA.



Sec.  105-54.201  Proposals for establishing advisory committees.

    (a) The Administrator approves the establishment of all GSA Federal 
Advisory Committees.
    (b) When it is decided that it is necessary to establish a 
committee, the appropriate Head of the Service or Staff Office (HSSO) 
must consider the functions of similar committees in GSA to ensure that 
no duplication of effort will occur.
    (c) The HSSO proposes the establishment of a Central Office or 
regional advisory committee within the scope of assigned program 
responsibilities. In doing so, the HSSO assures that advisory committees 
are established only if they are essential to the conduct of agency 
business. Advisory committees are established only if there is a 
compelling need for the committees, the committees have a truly balanced 
membership, and the committees conduct their business as openly as 
possible under the law and their mandate. Each proposal is submitted to 
the GSA Committee Management Officer for review and coordination and 
includes:
    (1) A letter addressed to the Committee Management Secretariat 
signed by the HSSO with information copies for the Administrator, Deputy 
Administrator, the Associate Administrator for Congressional and 
Industry Relations, and the Special Counsel for Ethics and Civil Rights, 
describing the nature and purpose of the proposed advisory committee; 
why it is essential to agency business and in the public interest; why 
its functions cannot be performed by an existing committee of GSA, by 
GSA, or other means such as a public hearing; and the plans to ensure 
balanced membership;
    (2) A notice for publication in the Federal Register containing the 
Administrator's certification that creation of the advisory committee is 
in the public interest and describing the

[[Page 448]]

nature and purpose of the committee; and
    (3) A draft charter for review by the Committee Management 
Secretariat.
    (d) Subcommittees that do not function independently of the full or 
parent advisory committee need not follow the requirements of paragraph 
(c) of this section. However, they are subject to all other requirements 
of the Federal Advisory Committee Act.
    (e) The requirements of paragraphs (a) through (c) of this section 
apply to any subcommittee of a chartered committee, whether its members 
are drawn in whole or in part from the full or parent advisory 
committee, that functions independently of the parent advisory 
committee, such as by making recommendations directly to a GSA official 
rather than for consideration by the chartered advisory committee.



Sec.  105-54.202  Review and approval of proposals.

    (a) The GSA Committee Management Officer reviews each proposal to 
make sure it conforms with GSA policies and procedures. The Officer 
sends the letter of justification, including the draft charter, to the 
Committee Management Secretariat. The Secretariat reviews the proposal 
and provides its views within 15 calendar days of receipt, if possible. 
The Administrator retains final authority for establishing a particular 
advisory committee.
    (b) When the Secretariat notifies the Officer that establishing the 
committee conforms with the Federal Advisory Committee Act, the Officer 
obtains the Administrator's approval of the charter and the Federal 
Register notice. The Officer publishes the notice in the Federal 
Register at least 15 calendar days before the filing of the charter 
under Sec.  105-54.203 with the standing committees of the Senate and 
the House of Representatives having legislative jurisdiction over GSA. 
The date of filing constitutes the date of establishment.



Sec.  105-54.203  Advisory committee charters.

    No advisory committee may operate, meet, or take any action until 
the Administrator approves its charter and the Committee Management 
Officer sends a copy of it to the standing committees of the Senate and 
the House of Representatives having legislative jurisdiction over GSA.



Sec.  105-54.203-1  Preparation of charters.

    Each committee charter contains the following information:
    (a) The committee's official designation;
    (b) The committee's objectives and the scope of its activities;
    (c) The period of time necessary for the committee to carry out its 
purpose (if the committee is intended to function as a standing advisory 
committee, this should be made clear);
    (d) The official to whom the committee reports, including the 
official's name, title, and organization;
    (e) The agency and office responsible for providing the necessary 
support for the committee;
    (f) A description of the duties for which the committee is 
responsible (if the duties are not solely advisory, the statutory or 
Presidential authority for additional duties shall be specified);
    (g) The estimated annual operating costs in dollars and person-years 
for the committee;
    (h) The estimated number and frequency of committee meetings;
    (i) The committee's termination date, if it is less than 2 years 
from the date of its establishment; and
    (j) The date the charter is filed. This date is inserted by the GSA 
Committee Management Officer after the Administrator approves the 
charter.



Sec.  105-54.203-2  Active charters file.

    The GSA Committee Management Officer retains each original signed 
charter in a file of active charters.



Sec.  105-54.203-3  Submission to Library of Congress.

    The GSA Committee Management Officer furnishes a copy of each 
charter to the Library of Congress when or shortly after copies are 
filed with the requisite committees of the Congress. Copies for the 
Library are addressed: Library of Congress, Exchange and Gift Division, 
Federal Documents Section, Federal Advisory Committee Desk, Washington, 
DC 20540.

[[Page 449]]



Sec.  105-54.204  Advisory committee membership.

    (a) Advisory committees that GSA establishes represent the points of 
view of the profession, industry, or other group to which it relates, 
taking into account the size, function, geographical location, 
affiliation, and other considerations affecting the character of a 
committee. To ensure balance, the agency considers for membership a 
cross-section of interested persons and groups with professional or 
personal qualifications or experience to contribute to the functions and 
tasks to be performed. This should be construed neither to limit the 
participation nor to compel the selection of any particular individual 
or group to obtain different points of view relevant to committee 
business. The Administrator designates members, alternates, and 
observers, as appropriate, of advisory committees. He/she designates a 
Federal officer or employee to chair or attend each meeting of each 
advisory committee. The Administrator also designates GSA employees to 
serve on advisory committees sponsored by other Government agencies. The 
HSSO or Regional Administrator submits nominations and letters of 
designation for the Administrator's signature to the GSA Committee 
Management Officer and to the Special Counsel for Ethics and Civil 
Rights for review and forwarding to the Administrator.
    (b) Discrimination is prohibited on the basis of race, color, age, 
national origin, religion, sex, or mental and physical handicap in 
selecting advisory committee members.
    (c) Nominees for membership must submit a Statement of Employment 
and Financial Interests (provided to the nominee by the HSSO or Regional 
Administrator) and may not be appointed until cleared by the Designated 
Agency Ethics Official.



             Subpart 105	54.3_Advisory Committee Procedures



Sec.  105-54.300  Scope of subpart.

    This subpart sets forth the procedures that will be followed in the 
operation of advisory committees within GSA.



Sec.  105-54.301  Meetings.

    (a) Each GSA advisory committee meeting is open to the public unless 
the Administrator decides otherwise;
    (b) Each meeting is held at a reasonable time and in a place 
reasonably accessible to the public;
    (c) The meeting room size is sufficient to accommodate committee 
members, committee or GSA staff, and interested members of the public;
    (d) Any private citizen is permitted to file a written statement 
with the advisory committee;
    (e) Any private citizen is permitted to speak at the advisory 
committee meeting, at the chairperson's discretion;
    (f) All persons attending committee meetings at which classified 
information will be considered are required to have an adequate security 
clearance;
    (g) The Designated Federal Officer (who may be either full time or 
permanent part-time) for each advisory committee and its subcommittees 
does the following:
    (1) Approves or calls the meetings of the advisory committee;
    (2) Approves the meeting agenda, which lists the matters to be 
considered at the meeting and indicates whether any part of the meeting 
will be closed to the public under the Government in the Sunshine Act (5 
U.S.C. 552b(c)). Ordinarily, copies of the agenda are distributed to 
committee members before the date of the meeting;
    (3) Attends all meetings (no part of a meeting may proceed in the 
Designated Federal Officer's absence);
    (4) Adjourns the meeting when he or she determines that adjournment 
is in the public interest; and
    (5) Chairs the meeting when asked to do so.
    (h) The Committee Chairperson makes sure that detailed minutes of 
each meeting are kept and certifies to their accuracy. The minutes 
include:
    (1) Time, date, and place;
    (2) A list of the following persons who were present;
    (i) Advisory committee members and staff;
    (ii) Agency employees; and
    (iii) Private citizens who presented oral or written statements;

[[Page 450]]

    (3) The estimated number of private citizens present;
    (4) An accurate description of each matter discussed and the 
resolution of the matter, if any; and
    (5) Copies of each report or other document the committee received, 
issued, or approved.
    (i) The responsible HSSO or the Regional Administrator publishes at 
least 15 calendar days before the meeting a notice in the Federal 
Register that includes:
    (1) The name of the advisory committee as chartered;
    (2) The time, date, place, and purpose of the meeting;
    (3) A summary of the agenda; and
    (4) A statement whether all or part of the meeting is open to the 
public of closed; and if closed, the reasons why, and citing the 
specific exemptions of the Government is the Sunshine Act (5 U.S.C. 
552b) as the basis for closure;
    (j) In exceptional circumstances and when approved by the General 
Counsel or designee, less than 15 calendar days notice may be given, 
provided the reasons for doing so are included in the committee meeting 
notice published in the Federal Register;
    (k) Notices to be published in the Federal Register are submitted to 
the Federal Register Liaison Officer (CAID). At least five workdays are 
needed for printing of the notice;
    (l) Meetings may also be announced by press release, direct mail, 
publication in trade and professional journals, or by notice to special 
interest and community groups affected by the Committee's deliberations. 
This procedure cannot be a substitute for Federal Register publication;
    (m) The fact that a meeting may be closed to the public under the 
exemptions of the Government in the Sunshine Act does not relieve GSA of 
the requirement to publish a notice of it in the Federal Register. The 
Administrator may authorize an exception to this requirement for reasons 
of national security if the HSSO requests it at least 30 calendar days 
before the meeting, with the concurrence of the General Counsel of 
designee.
    (n) An advisory committee meeting is not open to the public, nor is 
the attendance, appearance, or filing of statements by interested 
persons permitted, if the Administrator decides that the meeting is 
exempted under the Government in the Sunshine Act (5 U.S.C. 552b (c)) 
and there is sufficient reason to invoke the exemption. If only part of 
the meeting concerns exempted matters, only that part is closed. The 
HSSO or Regional Administrator submits any decisions concerning the 
closing of meetings in writing to the Administrator for approval at 
least 30 calendar days in advance of the meeting. These decisions 
clearly set forth the reasons for doing so, citing the specific 
exemptions used from the Government in the Sunshine Act in the meeting 
notice published in the Federal Register. They are made available to the 
public on request. The Administrator may waive the 30-day requirement 
when a lesser period of time is requested and adequately justified.
    (o) If any meeting or portion of a meeting is closed to public 
attendance, the advisory committee issues a report at lease annually 
setting forth a summary of its activities and such related matters as 
would be informative to the public, consistent with the policy of 5 
U.S.C. 552(b). Notice of the availability of the report and instructions 
on how to gain access to it are published in the Federal Register no 
later than 60 days after its completion. In addition, copies of the 
report are filed with the Library of Congress.
    (p) The General Counsel reviews all requests to close meetings.
    (q) The HSSO or Regional Administrator publishes the meeting notices 
in the Federal Register, including the reasons why all or part of the 
meeting is closed, citing the specified exemptions used from the 
Government in the Sunshine Act.



Sec.  105-54.302  Committee records and reports.

    (a) Subject to the Freedom of Information Act (5 U.S.C. 552), the 
records, reports, transcripts, minutes, appendixes, working papers, 
drafts, studies, agenda, or other documents that were available to or 
prepared for or by a GSA advisory committee are available (until the 
committee ceases to exist) for public inspection and copying in

[[Page 451]]

the office of the Government Chairperson or Designated Federal Officer. 
Requests to inspect or copy these records are processed under 41 CFR 
105-60.4. Except where prohibited by a contract entered into before 
January 5, 1973, copies of transcripts, if any, of committee meetings 
are made available by the Government chairperson or Designated Federal 
Officer to any person at the cost of duplication. After the committee's 
work ends, disposition of the committee documents and the release of 
information from them are made in accordance with Federal records, 
statutes, and regulations.
    (b) Subject to 5 U.S.C. 552(b) and instructions of the Committee 
Management Secretariat, the Government chairperson or Designated Federal 
Officer files at least eight copies of each report an advisory committee 
makes, including any report on closed meetings with the Library of 
Congress at the time of its issuance. Where appropriate, the chairperson 
also files copies of background papers that consultants to the advisory 
committee prepare with the Library of Congress. The transmittal letter 
identifies the materials being furnished, with a copy of the transmittal 
provided to the GSA Committee Management Officer.



Sec.  105-54.303  Fiscal and administrative provisions.

    (a) Each HSSO and each Regional Administrator ensures that under 
established GSA procedures, records are kept that fully disclose the 
disposition of funds at the disposal of an advisory committee and the 
nature and extent of the committee's activities.
    (b) When GSA is assigned to provide administrative support for a 
Presidential advisory committee, the Agency Liaison Coordinator in the 
Office of the Deputy Regional Administrator, National Capital Region, as 
a part of its support, arranges with the Office of Finance, Office of 
the Comptroller, for maintaining all financial records.
    (c) Unless otherwise provided in a Presidential order, statute, or 
other authority, the GSA service or staff office sponsoring an advisory 
committee provides support services for the committee.
    (d) The guidelines in paragraph (e) through (l) of this section are 
established under section 7(d) of the Federal Advisory Committee Act, 86 
Stat. 773. They apply to the pay of members, staff, and consultants of 
an advisory committee, except that nothing in this paragraph will affect 
a rate of pay or a limitation on a rate of pay that is established by 
statute or a rate of pay established under the General Schedule 
classification and pay system in Chapter 51 and Subchapter III of 
Chapter 53 of Title 5, U.S.C.
    (e) The members of GSA advisory committee established pursuant to 
the Administrator's authority under section 205(g) of the Federal 
Property and Administrative Services Act of 1949, as amended (40 U.S.C. 
486(g)), are not compensated, since, by law, members so appointed shall 
service without compensation. A person who (without regard to his or her 
service with an advisory committee) is a full-time Federal employee will 
normally receive compensation at the rate at which he or she would 
otherwise be compensated.
    (f) When required by law, the pay of the members of GSA advisory 
committees will be fixed to the daily equivalent of a rate of the 
General Schedule in 5 U.S.C. 5332 unless the members are appointed as 
consultants and compensated as provided in paragraph (h) of this 
section. In determining an appropriate rate of pay for the members, GSA 
must give consideration to the significance, scope, and technical 
complexity of the matters with which the advisory committee is concerned 
and the qualifications required of the members of the advisory 
committee. GSA may not fix the pay of the members of an advisory 
committee at a rate higher than the daily equivalent of the maximum rate 
for a GS-15 under the General Schedule, unless a higher rate is mandated 
by statute, or the Administrator has personally determined that a higher 
rate of pay under the General Schedule is justified and necessary. Such 
a determination must be reviewed by the Administrator annually. 
Accordingly, the Administrator may not fix the pay of the members of an 
advisory committee at a rate of pay higher than the daily equivalent of 
a rate for a GSA 18, as provided in 5 U.S.C. 5332.

[[Page 452]]

    (g) The pay of each staff member of an advisory committee is fixed 
at a rate of the General Schedule, General Management Schedule, or 
Senior Executive Service pay rate in which the staff member's position 
would be placed (5 U.S.C. Chapter 51). GSA cannot fix the pay of a staff 
member higher than the daily equivalent of the maximum rate for GS-15 
unless the Administrator decides that under the General Schedule, 
General Management Schedule, or Senior Executive Service classification 
system, the staff member's position should be higher than GS-15. The 
Administrator must review this decision annually.
    (1) In establishing compensation rates, GSA must comply with 
applicable statutes, regulations, Executive Orders, and administrative 
guidelines.
    (2) A staff member who is a Federal employee serves with the 
knowledge of the Designated Federal Officer and the approval of the 
employee's direct supervisor. A staff member who is a non-Federal 
employee is appointed under agency procedures, after consultation with 
the advisory committee.
    (h) The pay of a consultant to an advisory committee will be fixed 
after giving consideration to the qualifications required of the 
consultant and the significance, scope, and technical complexity of the 
work. The rate of pay will not exceed the maximum rate of pay which the 
agency may pay experts and consultants under 5 U.S.C. 3109 and must be 
in accordance with any applicable statutes, regulations, Executive 
Orders, and administrative guidelines.
    (i) Advisory committee and staff members, while performing their 
duties away from their homes or regular places of business, may be 
allowed travel expenses, including per diem instead of subsistence, as 
authorized by 5 U.S.C. 5703 for persons employed intermittently in the 
Government service.
    (j) Members of an advisory committee and its staff who are blind or 
deaf or who otherwise qualify as handicapped persons (under section 501 
of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and who do not 
otherwise qualify for assistance under 5 U.S.C. 3102, as an employee of 
an agency (under section 3102(a)(1) of Title 5), may be provided the 
services of a personal assistant.
    (k) Under this paragraph, GSA may accept the gratuitous services of 
a member, consultant, or staff member of an advisory committee who 
agrees in advance to serve without compensation.
    (l) A person who immediately before his or her service with an 
advisory committee was a full-time Federal employee may receive 
compensation at the rate at which he or she was compensated as a Federal 
employee.



Sec.  105-54.304  Cost guidelines.

    (a) The reporting and estimating of the costs of advisory committees 
include direct obligations for the following items:
    (1) Pay compensation of committee members; consultants to the 
committee; all permanent, temporary, or part-time (GM, GS, WB, or other) 
positions which are a part of or support the committee; and all overtime 
related to committee functions (Compensation should reflect actual or 
estimated Federal person-years or parts thereof devoted to a committee's 
activities. It includes the compensation of Federal employees assigned 
to committees, on a reimbursable or nonreimbursable basis, from agencies 
or departments other than to which the committee reports.);
    (2) Personnel benefits associated with the above compensation (13 
percent of basic payroll);
    (3) Travel costs (including per diem) of committee members; 
consultants; and all permanent, temporary, or part-time positions which 
are a part of or support the committee;
    (4) Transportation of things, communications, and printing and 
reproduction;
    (5) Rent for additional space acquired for committee use;
    (6) Other services required by the committee, including data 
processing services, management studies and evaluations, contractual 
services, and reimbursable services; and
    (7) Supplies, materials, and equipment acquired for committee use.
    (b) The reporting and estimating of the cost of advisory committees 
does not include indirect or overhead costs;

[[Page 453]]

e.g., the costs of the committee management system (committee management 
officers, etc.).



Sec.  105-54.305  Renewal of advisory committees.

    (a) Each advisory committee being continued is renewed for 
successive 2-year periods beginning with the date when it was 
established according to the following, except for statutory advisory 
committees: (For renewal of statutory advisory committees, see paragraph 
(b) of this section.)
    (1) Advisory committees are not renewed unless there is a compelling 
need for them, they have balanced membership, and they conduct their 
business as openly as possible under the law.
    (2) The renewal of a committee requires that the responsible HSSO 
submit to the GSA Committee Management Officer the following:
    (i) An updated charter with an explanation of the need for the 
renewal of the committee. The charter and explanation are furnished 60 
calendar days before the 2-year anniversary date of the committee.);
    (ii) A letter signed by the HSSO to the Director, Committee 
Management Secretariat, with information copies to the Administrator and 
the Deputy Administrator, setting forth:
    (A) An explanation of why the committee is essential to the conduct 
of agency business and is in the public interest;
    (B) GSA's plan to attain balanced membership of the committee; and
    (C) An explanation of why the committee's functions cannot be 
performed by GSA, another existing GSA advisory committee, or other 
means such as a public hearing;
    (iii) A notice for publication in the Federal Register describing 
the nature and purpose of the committee and containing a certification 
by the Administrator that renewing the advisory committee is in the 
public interest.
    (3) On receiving the above documents, the GSA Committee Management 
Officer submits the renewal letter to the Committee Management 
Secretariat not more than 60 calendar days nor less than 30 days before 
the committee expires. Following receipt of the Committee Management 
Secretariat's views on the committee renewal, the Officer obtains the 
Administrator's approval of the charter and the Federal Register notice. 
The Officer publishes notice of the renewal in the Federal Register and 
files copies of the updated charter. The 15-day notice requirement does 
not apply to committee renewals, notices of which may be published 
concurrently with the filing of the charter.
    (b) Each statutory advisory committee is renewed by the filing of a 
renewal charter upon the expiration of each successive 2-year period 
following the date of enactment of the statute establishing the 
committee according to the following:
    (1) The procedures in paragraph (a)(2) of this section apply to the 
renewal of a statutory committee except that neither prior consultation 
with the Committee Management Secretariat nor a Federal Register notice 
is required. Accordingly, the letter that paragraph a(2)(ii) requires is 
sent to the Administrator rather than the Committee Management 
Secretariat. Due to the nature of a committee the law established, the 
explanation of the need to continue the committee's existence is less 
extensive than the explanation for the continuation of a non-statutory 
committee; and
    (2) The GSA Committee Management Officer provides the Committee 
Management Secretariat with a copy of the filed charter.
    (c) An advisory committee required to file a new charter may not 
take any action other than preparing the charter between the date it is 
to be filed and the date it is actually filed.



Sec.  105-54.306  Amendment of advisory committee charters.

    (a) A charter is amended when GSA decides that the existing charter 
no longer accurately reflects the objectives or functions of the 
committee. Changes may be minor, such as revising the name of the 
committee or modifying the estimated number or frequency of meetings, or 
they may be major dealing with the basic objectives or composition of 
the committee. The Administrator retains final authority

[[Page 454]]

for amending the charter of an advisory committee. Amending an existing 
advisory committee charter does not constitute renewal of the committee.
    (b) To make a minor amendment, the Administrator approves the 
amended charter and has it filed according to Sec.  105-54.203-1.
    (c) To make a major amendment, the Committee Management Officer 
submits an amended charter and a letter to the Committee Management 
Secretariat, signed by the HSSO with the concurrence of the General 
Counsel or designee, requesting the Secretariat's views on the amended 
language, along with an explanation of the purpose of the changes and 
why they are necessary. The Secretariat reviews the proposed changes and 
notifies the Committee Management Officer of its views within 15 
calendar days of receiving it, if possible. The Administrator has the 
charter filed according to Sec.  105-54.203-1.
    (d) Amending an existing charter does not constitute renewal of the 
committee.



Sec.  105-54.307  Termination of advisory committees.

    (a) The sponsoring HSSO terminates an advisory committee that has 
fulfilled the purpose stated in its charter. The official takes action 
to rescind any existing orders relating to the committee and to notify 
committee members, the GSA Committee Management Officer, and the 
Committee Management Secretariat of the termination.
    (b) Failing to continue an advisory committee by the 2-year 
anniversary date terminates the committee, unless its duration is 
provided for by law.



Sec.  105-54.308  Responsibilities of the Administrator.

    The Administrator must ensure:
    (a) Compliance with the Federal Advisory Committee Act and this 
chapter;
    (b) Issuance of administrative guidelines and management controls 
that apply to all advisory committees established or used by the agency;
    (c) Designation of a Committee Management Officer to carry out the 
functions specified in section 89(b) of the Federal Advisory Committee 
Act;
    (d) Provision of a written determination stating the reasons for 
closing any advisory committee meeting to the public;
    (e) A review, at least annually, of the need to continue each 
existing advisory committee, consistent with the public interest and the 
purpose and functions of each committee;
    (f) The appointment of a Designated Federal Officer for each 
advisory committee and its subcommittee;
    (g) The opportunity for reasonable public participation in advisory 
committee activities; and
    (h) That the number of committee members is limited to the fewest 
necessary to accomplish committee objectives.



Sec.  105-54.309  Added responsibilities of service and staff office
heads and regional administrators.

    (a) No later than the first meeting of an advisory committee, submit 
to committee members, committee staff, consultants, and appropriate 
agency management personnel a written statement of the purpose, 
objectives, and expected accomplishments of the committee;
    (b) Solicit in writing or in a formal meeting at least annually the 
views of committee members on the effectiveness, activities, and 
management of the committee, including recommendations for improvement. 
Review comments to determine whether improvements or corrective action 
is warranted. Retain recommendations until the committee is terminated 
or renewed.
    (c) Involve key management personnel of the agency whose interests 
are affected by the committee in committee meetings, including reviewing 
reports and establishing agendas.
    (d) Periodically, but not less than annually, review the level of 
committee staff suport to make sure that expenditures are justified by 
committee activity and benefit to the Government.
    (e) Monitor the attendance and participation of committee members 
and consider replacing any member who misses a substantial number of 
scheduled meetings.
    (f) Establish meeting dates and distribute agendas and other 
materials well in advance.

[[Page 455]]



Sec.  105-54.310  Advisory committee duties of the GSA Committee
Management Officer.

    In addition to implementing the provisions of section 8(b) of the 
Federal Advisory Committee Act, the GSA Committee Management Officer 
carries out all responsibilities delegated by the Administrator. The 
Officer ensures that sections 10(b), 12(a), and 13 of the Act are 
implemented by GSA to provide for appropriate record keeping. Records 
include, but are not limited to:
    (a) A set of approved charters and membership lists for each 
advisory committee;
    (b) Copies of GSA's portion of the Annual Report of Federal Advisory 
Committees.
    (c) Guidelines on committee management operations and procedures as 
maintained and updated; and
    (d) Determinations to close advisory committee meetings.



Sec.  105-54.311  Complaint procedures.

    (a) Any person whose request for access to an advisory committee 
document is denied may seek administrative review under 41 CFR 105-60, 
which implements the Freedom of Information Act. (See GSA Order, GSA 
regulations under the ``Freedom of Information Act'' (ADM 7900.3A).)
    (b) Aggrieved individuals or organizations may file written 
complaints on matters not involving access to documents with the Deputy 
Administrator, General Services Administration, Washington, DC 20405. 
Complaints must be filed within 90 calendar days from the date the 
grievance arose. The Deputy Administrator promptly acts on each 
complaint and notifies the complainant in writing of the decision.



                        Subpart 105	54.4_Reports



Sec.  105-54.400  Scope of subpart.

    This subpart sets forth the reports required by this part 105-54 and 
prescribes instructions for submission of the reports.



Sec.  105-54.401  Reports on GSA Federal Advisory Committees.

    (a) The Committee Management Secretariat periodically issues 
reporting instructions and procedures. The GSA Committee Management 
Officer files a report each fiscal year providing program, financial, 
and membership information. The Secretariat uses the information in 
preparing recommendations and status reports on advisory committee 
matters and in assisting the President in preparing and submitting a 
fiscal year report to the Congress. Instructions for preparing GSA's 
submission are provided by the GSA Committee Management Officer.
    (b) Reports on closed meetings are required as specified in Sec.  
105-54.301(o).



PART 105	55_COLLECTION OF CLAIMS OWED THE UNITED STATES-
-Table of Contents



Sec.
105-55.001 Prescription of standards.
105-55.002 Definitions.
105-55.003 Antitrust, fraud, tax, interagency claims, and claims over 
          $100,000 excluded.
105-55.004 Compromise, waiver, or disposition under other statutes not 
          precluded.
105-55.005 Form of payment.
105-55.006 Subdivision of claims not authorized.
105-55.007 Required administrative proceedings.
105-55.008 No private rights created.
105-55.009 Aggressive agency collection activity.
105-55.010 Demand for payment.
105-55.011 Collection by administrative offset.
105-55.012 Contracting with private collection contractors and with 
          entities that locate and recover unclaimed assets.
105-55.013 Suspension or revocation of eligibility for loans and loan 
          guaranties, licenses, permits, or privileges.
105-55.014 Liquidation of collateral.
105-55.015 Collection in installments.
105-55.016 Interest, penalties, and administrative costs.
105-55.017 Use and disclosure of mailing addresses.
105-55.018 Exemptions.
105-55.019 Compromise of claims.
105-55.020 Bases for compromise.
105-55.021 Enforcement policy.
105-55.022 Joint and several liability.
105-55.023 Further review of compromise offers.
105-55.024 Consideration of tax consequences to the Government.
105-55.025 Mutual releases of the debtor and the Government.
105-55.026 Suspending or terminating collection activity.
105-55.027 Suspension of collection activity.
105-55.028 Termination of collection activity.

[[Page 456]]

105-55.029 Exception to termination.
105-55.030 Discharge of indebtedness; reporting requirements.
105-55.031 Prompt referral to the Department of Justice.
105-55.032 Claims Collection Litigation Report.
105-55.033 Preservation of evidence.
105-55.034 Minimum amount of referrals to the Department of Justice.

    Authority: 5 U.S.C. 552-553; 31 U.S.C. 321, 3701, 3711, 3716, 3717, 
3718, 3719, 3720B, 3720D; 31 CFR parts 900-904.

    Source: 68 FR 68741, Dec. 10, 2003, unless otherwise noted.



Sec.  105-55.001  Prescription of standards.

    (a) The Secretary of the Treasury and the Attorney General of the 
United States issued regulations for collecting debts owed the United 
States under the authority contained in 31 U.S.C. 3711(d)(2). The 
regulations in this part prescribe standards for the General Services 
Administration (GSA) use in the administrative collection, offset, 
compromise, and the suspension or termination of collection activity for 
civil claims for money, funds, or property, as defined by 31 U.S.C. 
3701(b), unless specific GSA statutes or regulations apply to such 
activities or, as provided for by Title 11 of the United States Code, 
when the claims involve bankruptcy. The regulations in this part also 
prescribe standards for referring debts to the Department of Justice for 
litigation. Additional guidance is contained in the Office of Management 
and Budget's Circular A-129 (Revised), ``Policies for Federal Credit 
Programs and Non-Tax Receivables,'' the Department of the Treasury's 
``Managing Federal Receivables,'' and other publications concerning debt 
collection and debt management.
    (b) GSA is not limited to the remedies contained in this part and 
will use all authorized remedies, including alternative dispute 
resolution and arbitration, to collect civil claims, to the extent such 
remedies are not inconsistent with the Federal Claims Collection Act, as 
amended, Chapter 37 of Title 31, United States Code; the Debt Collection 
Act of 1982, 5 U.S.C. 5514; the Debt Collection Improvement Act of 1996, 
31 U.S.C. 3701 et seq., or other relevant statutes. The regulations in 
this part are not intended to impair GSA's common law rights to collect 
debts.
    (c) Standards and policies regarding the classification of debt for 
accounting purposes (for example, write off of uncollectible debt) are 
contained in the Office of Management and Budget's Circular A-129 
(Revised), ``Policies for Federal Credit Programs and Non-Tax 
Receivables.''



Sec.  105-55.002  Definitions.

    (a) Administrative offset, as defined in 31 U.S.C. 3701(a)(1), means 
withholding funds payable by the United States (including funds payable 
by the United States on behalf of a State government) to, or held by the 
United States for, a person to satisfy a claim.
    (b) Compromise means the reduction of a debt as provided in 
Sec. Sec.  105-55.019 and 105-55.020.
    (c) Debt collection center means the Department of the Treasury or 
other Government agency or division designated by the Secretary of the 
Treasury with authority to collect debts on behalf of creditor agencies 
in accordance with 31 U.S.C. 3711(g).
    (d) Debtor means an individual, organization, association, 
corporation, partnership, or a State or local government indebted to the 
United States or a person or entity with legal responsibility for 
assuming the debtor's obligation.
    (e) Delinquent or past-due non-tax debt means any non-tax debt that 
has not been paid by the date specified in GSA's initial written demand 
for payment or applicable agreement or instrument (including a post-
delinquency payment agreement), unless other satisfactory payment 
arrangements have been made.
    (f) For the purposes of the standards in this part, unless otherwise 
stated, the term Administrator refers to the Administrator of General 
Services or the Administrator's delegate.
    (g) For the purposes of the standards in this part, the terms claim 
and debt are synonymous and interchangeable. They refer to an amount of 
money, funds, or property that has been determined by GSA to be due the 
United States from any person, organization, or entity, except another 
Federal agency, from sources which include loans

[[Page 457]]

insured or guaranteed by the United States and all other amounts due the 
United States from fees, leases, rents, royalties, services, sales of 
real or personal property, overpayments, penalties, damages, interest, 
fines and forfeitures and all other similar sources, including debt 
administered by a third party as an agent for the Federal Government. 
For the purposes of administrative offset under 31 U.S.C. 3716, the 
terms claim and debt include an amount of money, funds, or property owed 
by a person to a State (including past-due support being enforced by a 
State), the District of Columbia, American Samoa, Guam, the United 
States Virgin Islands, the Commonwealth of the Northern Mariana Islands, 
or the Commonwealth of Puerto Rico.
    (h) For the purposes of the standards in this part, unless otherwise 
stated, the terms GSA and Agency are synonymous and interchangeable.
    (i) For the purposes of the standards in this part, unless otherwise 
stated, Secretary means the Secretary of the Treasury or the Secretary's 
delegate.
    (j) For the standards in this part, Federal agencies include 
agencies of the executive, legislative, and judicial branches of the 
Government, including Government corporations.
    (k) Hearing means a review of the documentary evidence concerning 
the existence and/or amount of a debt, and/or the terms of a repayment 
schedule, provided such repayment schedule is established other than by 
a written agreement entered into pursuant to this part. If the hearing 
official determines the issues in dispute cannot be resolved solely by 
review of the written record, such as when the validity of the debt 
turns on the issue of credibility or veracity, an oral hearing may be 
provided.
    (l) Hearing official means a Board Judge of the Civilian Board of 
Contract Appeals.
    (m) In this part, words in the plural form shall include the 
singular and vice versa, and words signifying the masculine gender shall 
include the feminine and vice versa. The terms includes and including do 
not exclude matters not listed but do include matters that are in the 
same general class.
    (n) Reconsideration means a request by the employee to have a 
secondary review by GSA of the existence and/or amount of the debt, and/
or the proposed offset schedule.
    (o) Recoupment is a special method for adjusting debts arising under 
the same transaction or occurrence. For example, obligations arising 
under the same contract generally are subject to recoupment.
    (p) Taxpayer identifying number means the identifying number 
described under section 6109 of the Internal Revenue Code of 1986 (26 
U.S.C. 6109). For an individual, the taxpayer identifying number is the 
individual's social security number.
    (q) Waiver means the cancellation, remission, forgiveness, or non-
recovery of a debt or debt-related charge as permitted or required by 
law.

[68 FR 68741, Dec. 10, 2003, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-55.003  Antitrust, fraud, tax, interagency claims, and claims
over $100,000 excluded.

    (a) The standards in this part relating to compromise, suspension, 
and termination of collection activity do not apply to any debt based in 
whole or in part on conduct in violation of the antitrust laws or to any 
debt involving fraud, the presentation of a false claim, or 
misrepresentation on the part of the debtor or any party having an 
interest in the claim. The standards of this part relating to the 
administrative collection of claims do apply, but only to the extent 
authorized by the Department of Justice (DOJ) in a particular case. Upon 
identification of a claim based in whole or in part on conduct in 
violation of the antitrust laws or any claim involving fraud, the 
presentation of a false claim, or misrepresentation on the part of the 
debtor or any party having an interest in the claim, the General 
Services Administration (GSA) will promptly refer the case to the GSA 
Office of Inspector General (OIG). The OIG has the responsibility for 
investigating or referring the matter, where appropriate, to DOJ for 
action. At its discretion, DOJ may return the claim to GSA for further 
handling in accordance with the standards of this part.

[[Page 458]]

    (b) This part does not apply to tax debts.
    (c) This part does not apply to claims between GSA and other Federal 
agencies.
    (d) This part does not apply to claims over $100,000.



Sec.  105-55.004  Compromise, waiver, or disposition under other statutes not precluded.

    Nothing in this part precludes the General Services Administration 
(GSA) disposition of any claim under statutes and implementing 
regulations other than subchapter II of chapter 37 of Title 31 of the 
United States Code (Claims of the United States Government) and the 
standards in this part. See, e.g., the Federal Medical Care Recovery 
Act, 42 U.S.C. 2651-2653, and applicable regulations, 28 CFR part 43. In 
such cases, the laws and regulations specifically applicable to claims 
collection activities of GSA generally take precedence.



Sec.  105-55.005  Form of payment.

    Claims may be paid in the form of money or, when a contractual basis 
exists, the General Services Administration may demand the return of 
specific property or the performance of specific services.



Sec.  105-55.006  Subdivision of claims not authorized.

    Debts will not be subdivided to avoid the monetary ceiling 
established by 31 U.S.C. 3711(a)(2). A debtor's liability arising from a 
particular transaction or contract shall be considered a single debt in 
determining whether the debt is one of less than $100,000 (excluding 
interest, penalties, and administrative costs) or such higher amount as 
the Attorney General shall from time to time prescribe for purposes of 
compromise, suspension or termination of collection activity.



Sec.  105-55.007  Required administrative proceedings.

    The General Services Administration is not required to omit, 
foreclose, or duplicate administrative proceedings required by contract 
or other laws or regulations.



Sec.  105-55.008  No private rights created.

    The standards in this part do not create any right or benefit, 
substantive or procedural, enforceable at law or in equity by a party 
against the United States, its agencies, its officers, or any other 
person, nor shall the failure of the General Services Administration to 
comply with any of the provisions of this part be available to any 
debtor as a defense.



Sec.  105-55.009  Aggressive agency collection activity.

    (a) The General Services Administration (GSA) will aggressively 
collect all debts arising out of activities of, or referred or 
transferred for collection services to, GSA. Collection activities will 
be undertaken promptly, including letters, telephone calls, electronic 
mail (e-mail), and Internet inquiries, with follow-up action taken as 
necessary.
    (b) Debts referred or transferred to Treasury, or Treasury-
designated debt collection centers under the authority of 31 U.S.C. 
3711(g), will be serviced, collected, or compromised, or the collection 
action will be suspended or terminated, in accordance with the statutory 
requirements and authorities applicable to the collection of such debts.
    (c) GSA will cooperate with other agencies in their debt collection 
activities.
    (d) GSA will consider referring debts that are less than 180 days 
delinquent to Treasury or to Treasury-designated ``debt collection 
centers'' to accomplish efficient, cost effective debt collection. 
Treasury is a debt collection center, is authorized to designate other 
Federal agencies as debt collection centers based on their performance 
in collecting delinquent debts, and may withdraw such designations. 
Referrals to debt collection centers shall be at the discretion of, and 
for a time period acceptable to, the Secretary. Referrals may be for 
servicing, collection, compromise, suspension, or termination of 
collection action.
    (e) GSA will transfer to the Secretary any debt that has been 
delinquent for a period of 180 days or more so the Secretary may take 
appropriate action to collect the debt or terminate collection action. 
See 31 CFR 285.12

[[Page 459]]

(Transfer of Debts to Treasury for Collection). This requirement does 
not apply to any debt that--
    (1) Is in litigation or foreclosure;
    (2) Will be disposed of under an approved asset sale program;
    (3) Has been referred to a private collection contractor for a 
period of time acceptable to the Secretary;
    (4) Is at a debt collection center for a period of time acceptable 
to the Secretary (see paragraph (d) of this section);
    (5) Will be collected under internal offset procedures within three 
years after the debt first became delinquent;
    (6) Is exempt from this requirement based on a determination by the 
Secretary that exemption for a certain class of debt is in the best 
interest of the United States. GSA may request the Secretary to exempt 
specific classes of debts;
    (7) Is in bankruptcy (see Sec.  105-55.010(h));
    (8) Involves a deceased debtor;
    (9) Is owed to GSA by a foreign government; or
    (10) Is in an administrative appeals process, until the process is 
complete and the amount due is set.
    (f) Agencies operating Treasury-designated debt collection centers 
are authorized to charge a fee for services rendered regarding referred 
or transferred debts. The fee may be paid out of amounts collected and 
will be added to the debt as an administrative cost (see Sec.  105-
55.016).



Sec.  105-55.010  Demand for payment.

    (a) Written demand, as described in paragraph (b) of this section, 
will be made promptly upon a debtor of the United States in terms 
informing the debtor of the consequences of failing to cooperate with 
the General Services Administration (GSA) to resolve the debt. The 
specific content, timing, and number of demand letters (usually no more 
than three, thirty days apart) will depend upon the type and amount of 
the debt and the debtor's response, if any, to GSA's letters, telephone 
calls, electronic mail (e-mail) or Internet inquiries. In determining 
the timing of the demand letter(s), GSA will give due regard to the need 
to refer debts promptly to the Department of Justice for litigation, in 
accordance with Sec.  105-55.031. When necessary to protect the 
Government's interest (for example, to prevent the running of a statute 
of limitations), written demand may be preceded by other appropriate 
actions under this part, including immediate referral for litigation.
    (b) Demand letters will inform the debtor--
    (1) The basis and the amount of the indebtedness and the rights, if 
any, the debtor may have to seek review within GSA (see Sec.  105-
55.011(e));
    (2) The applicable standards for imposing any interest, penalties, 
or administrative costs (see Sec.  105-55.016);
    (3) The date by which payment should be made to avoid late charges 
(i.e., interest, penalties, and administrative costs) and enforced 
collection, which generally will not be more than 30 days from the date 
the demand letter is mailed or hand-delivered; and
    (4) The name, address, and phone number of a contact person or 
office within GSA.
    (c) GSA will exercise care to ensure that demand letters are mailed 
or hand-delivered on the same day they are dated. For the purposes of 
written demand, notification by electronic mail (e-mail) and/or Internet 
delivery is considered a form of written demand notice. There is no 
prescribed format for demand letters. GSA will utilize demand letters 
and procedures that will lead to the earliest practicable determination 
of whether the debt can be resolved administratively or must be referred 
for litigation.
    (d) GSA may include in demand letters such items as the willingness 
to discuss alternative methods of payment; Agency policies with respect 
to the use of credit bureaus, debt collection centers, and collection 
agencies; Agency remedies to enforce payment of the debt (including 
assessment of interest, administrative costs and penalties, 
administrative garnishment, the use of collection agencies, Federal 
salary offset, tax refund offset, administrative offset, and 
litigation); the requirement that any debt delinquent for more than

[[Page 460]]

180 days will be transferred to the Department of the Treasury for 
collection; and, depending on applicable statutory authority, the 
debtor's entitlement to consideration of a waiver.
    (e) GSA will respond promptly to communications from debtors, within 
30 days whenever feasible, and will advise debtors who dispute debts to 
furnish available evidence to support their contentions.
    (f) Prior to the initiation of the demand process or at any time 
during or after completion of the demand process, if GSA determines to 
pursue, or is required to pursue, offset, the procedures applicable to 
offset will be followed (see Sec.  105-55.011). The availability of 
funds or money for debt satisfaction by offset and GSA's determination 
to pursue collection by offset will release the Agency from the 
necessity of further compliance with paragraphs (a), (b), (c), and (d) 
of this section.
    (g) Prior to referring a debt for litigation, GSA will advise each 
person determined to be liable for the debt that, unless the debt can be 
collected administratively, litigation may be initiated. This 
notification will comply with Executive Order 12988 (3 CFR, 1996 Comp. 
pp. 157-163) and may be given as part of a demand letter under paragraph 
(b) of this section or in a separate document.
    (h) When GSA learns a bankruptcy petition has been filed with 
respect to a debtor, before proceeding with further collection action, 
the Agency will ascertain the impact of the Bankruptcy Code on any 
pending or contemplated collection activities. Unless the Agency 
determines the automatic stay imposed at the time of filing pursuant to 
11 U.S.C. 362 has been lifted or is no longer in effect, in most cases 
collection activity against the debtor will stop immediately.
    (1) A proof of claim will be filed in most cases with the bankruptcy 
court or the Trustee. GSA will refer to the provisions of 11 U.S.C. 106 
relating to the consequences on sovereign immunity of filing a proof of 
claim.
    (2) If GSA is a secured creditor, it may seek relief from the 
automatic stay regarding its security, subject to the provisions and 
requirements of 11 U.S.C. 362.
    (3) Offset is stayed in most cases by the automatic stay. However, 
GSA will determine whether its payments to the debtor and payments of 
other agencies available for offset may be frozen by the Agency until 
relief from the automatic stay can be obtained from the bankruptcy 
court. GSA also will determine whether recoupment is available.



Sec.  105-55.011  Collection by administrative offset.

    (a) Scope. (1) The term ``administrative offset'' has the meaning 
provided in 31 U.S.C. 3701(a)(1).
    (2) This section does not apply to--
    (i) Debts arising under the Social Security Act, except as provided 
in 42 U.S.C. 404;
    (ii) Payments made under the Social Security Act, except as provided 
for in 31 U.S.C. 3716(c) (see 31 CFR 285.4, Federal Benefit Offset);
    (iii) Debts arising under, or payments made under, the Internal 
Revenue Code (see 31 CFR 285.2, Tax Refund Offset) or the tariff laws of 
the United States;
    (iv) Offsets against Federal salaries to the extent these standards 
are inconsistent with regulations published to implement such offsets 
under 5 U.S.C. 5514 and 31 U.S.C. 3716 (see 5 CFR part 550, subpart K, 
and 31 CFR 285.7, Federal Salary Offset);
    (v) Offsets under 31 U.S.C. 3728 against a judgment obtained by a 
debtor against the United States;
    (vi) Offsets or recoupments under common law, State law, or Federal 
statutes specifically prohibiting offsets or recoupments of particular 
types of debts; or
    (vii) Offsets in the course of judicial proceedings, including 
bankruptcy.
    (3) Unless otherwise provided for by contract or law, debts or 
payments that are not subject to administrative offset under 31 U.S.C. 
3716 may be collected by administrative offset under the common law or 
other applicable statutory authority.
    (4) Unless otherwise provided by law, administrative offset of 
payments under the authority of 31 U.S.C. 3716 to collect a debt may not 
be conducted more than 10 years after the General Services 
Administration's (GSA's) right to collect the debt first accrued, unless 
facts material to GSA's right to

[[Page 461]]

collect the debt were not known and could not reasonably have been known 
by the official or officials of GSA who were charged with the 
responsibility to discover and collect such debts. This limitation does 
not apply to debts reduced to a judgment.
    (5) In bankruptcy cases, GSA will ascertain the impact of the 
Bankruptcy Code, particularly 11 U.S.C. 106, 362, and 553, on pending or 
contemplated collections by offset.
    (b) Mandatory centralized administrative offset. (1) GSA is required 
to refer past due, legally enforceable non-tax debts that are over 180 
days delinquent to the Secretary for collection by centralized 
administrative offset. Debts that are less than 180 days delinquent also 
may be referred to the Secretary for this purpose. See paragraph (b)(5) 
of this section for debt certification requirements.
    (2) The names and taxpayer identifying numbers (TINs) of debtors who 
owe debts referred to the Secretary as described in paragraph (b)(1) of 
this section will be compared to the names and TINs on payments to be 
made by Federal disbursing officials. Federal disbursing officials 
include disbursing officials of the Department of the Treasury, the 
Department of Defense, the United States Postal Service, other 
Government corporations, and disbursing officials of the United States 
designated by the Secretary. When the name and TIN of a debtor match the 
name and TIN of a payee and all other requirements for offset have been 
met, the payment will be offset to satisfy the debt.
    (3) Federal disbursing officials will notify the debtor/payee in 
writing that an offset has occurred to satisfy, in part or in full, a 
past due, legally enforceable delinquent debt. The notice will include a 
description of the type and amount of the payment from which the offset 
was taken, the amount of offset that was taken, the identity of GSA as 
the creditor agency requesting the offset, and a contact point within 
GSA who will respond to questions regarding the offset.
    (4)(i) Offsets may be initiated only after the debtor--
    (A) Has been sent written notice of the type and amount of the debt, 
the intention of GSA to use administrative offset to collect the debt, 
and an explanation of the debtor's rights under 31 U.S.C. 3716(c)(7); 
and
    (B) The debtor has been given--
    (1) The opportunity to inspect and copy Agency records related to 
the debt;
    (2) The opportunity for a review within GSA of the determination of 
indebtedness (see paragraph (e) of this section); and
    (3) The opportunity to make a written agreement to repay the debt.
    (ii) The procedures set forth in paragraph (b)(4)(i) of this section 
may be omitted when--
    (A) The offset is in the nature of a recoupment;
    (B) The debt arises under a contract as set forth in Cecile 
Industries, Inc. v. Cheney, 995 F.2d 1052 (Fed. Cir. 1993) (notice and 
other procedural protections set forth in 31 U.S.C. 3716(a) do not 
supplant or restrict established procedures for contractual offsets 
accommodated by the Contracts Disputes Act); or
    (C) In the case of non-centralized administrative offsets conducted 
under paragraph (c) of this section, GSA first learns of the existence 
of the amount owed by the debtor when there is insufficient time before 
payment would be made to the debtor/payee to allow for prior notice and 
an opportunity for review. When prior notice and an opportunity for 
review are omitted, GSA will give the debtor such notice and an 
opportunity for review as soon as practicable and will promptly refund 
any money ultimately found not to have been owed to the Government.
    (iii) When GSA previously has given a debtor any of the required 
notice and review opportunities with respect to a particular debt (see, 
e.g., Sec.  105-55.010), the Agency need not duplicate such notice and 
review opportunities before administrative offset may be initiated.
    (5) When referring delinquent debts to the Secretary, GSA will 
certify, in a form acceptable to the Secretary, that--
    (i) The debt(s) is (are) past due and legally enforceable; and
    (ii) GSA has complied with all due process requirements under 31 
U.S.C. 3716(a) and Agency regulations.

[[Page 462]]

    (6) Payments that are prohibited by law from being offset are exempt 
from centralized administrative offset. The Secretary shall exempt 
payments under means-tested programs from centralized administrative 
offset when requested in writing by the Administrator. Also, the 
Secretary may exempt other classes of payments from centralized offset 
upon the written request of the Administrator.
    (7) Benefit payments made under the Social Security Act (42 U.S.C. 
301 et seq.), part B of the Black Lung Benefits Act (30 U.S.C. 921 et 
seq.), and any law administered by the Railroad Retirement Board (other 
than tier 2 benefits), may be offset only in accordance with Treasury 
regulations, issued in consultation with the Social Security 
Administration, the Railroad Retirement Board, and the Office of 
Management and Budget. See 31 CFR 285.4.
    (8) In accordance with 31 U.S.C. 3716(f), the Secretary may waive 
the provisions of the Computer Matching and Privacy Protection Act of 
1988 concerning matching agreements and post-match notification and 
verification (5 U.S.C. 552a(o) and (p)) for centralized administrative 
offset upon receipt of a certification from GSA that the due process 
requirements enumerated in 31 U.S.C. 3716(a) have been met. The 
certification of a debt in accordance with paragraph (b)(5) of this 
section will satisfy this requirement. If such a waiver is granted, only 
the Data Integrity Board of the Department of the Treasury is required 
to oversee any matching activities, in accordance with 31 U.S.C. 
3716(g). This waiver authority does not apply to offsets conducted under 
paragraphs (c) and (d) of this section.
    (c) Non-centralized administrative offset. (1) Generally, non-
centralized administrative offsets are ad hoc case-by-case offsets that 
GSA conducts, at the Agency's discretion, internally or in cooperation 
with another agency certifying or authorizing payments to the debtor. 
Unless otherwise prohibited by law, when centralized administrative 
offset is not available or appropriate, past due, legally enforceable 
non-tax delinquent debts may be collected through non-centralized 
administrative offset. In these cases, GSA may make a request directly 
to a payment authorizing agency to offset a payment due a debtor to 
collect a delinquent debt. For example, it may be appropriate for GSA to 
request the Office of Personnel Management (OPM) offset a Federal 
employee's lump sum payment upon leaving Government service to satisfy 
an unpaid advance.
    (2) Such offsets will occur only after--
    (i) The debtor has been provided due process as set forth in 
paragraph (b)(4) of this section; and
    (ii) The payment authorizing agency has received written 
certification from GSA that the debtor owes the past due, legally 
enforceable delinquent debt in the amount stated, and that GSA has fully 
complied with its regulations concerning administrative offset.
    (3) Payment authorizing agencies will comply with offset requests by 
GSA to collect debts owed to the United States, unless the offset would 
not be in the best interests of the United States with respect to the 
program of the payment authorizing agency, or would otherwise be 
contrary to law.
    (4) When collecting multiple debts by non-centralized administrative 
offset, GSA will apply the recovered amounts to those debts in 
accordance with the best interests of the United States, as determined 
by the facts and circumstances of the particular case, particularly the 
applicable statute of limitations.
    (d) Requests to OPM to offset a debtor's anticipated or future 
benefit payments under the Civil Service Retirement and Disability Fund. 
Upon providing OPM written certification that a debtor has been afforded 
the procedures provided in paragraph (b)(4) of this section, GSA may 
request OPM to offset a debtor's anticipated or future benefit payments 
under the Civil Service Retirement and Disability Fund (Fund) in 
accordance with regulations codified at 5 CFR 831.1801 through 831.1808. 
Upon receipt of such a request, OPM will identify and ``flag'' a 
debtor's account in anticipation of the time when the debtor requests, 
or becomes eligible to receive, payments from the Fund. This will 
satisfy any requirement that offset be initiated prior to the expiration 
of the

[[Page 463]]

time limitations referenced in paragraph (a)(4) of this section.
    (e) Review requirements. (1) A debtor may seek review of a debt by 
sending a signed and dated petition for review to the official named in 
the demand letter. A copy of the petition must also be sent to the 
Civilian Board of Contract Appeals (CBCA) at 1800 F Street NW., 
Washington, DC 20405.
    (2) For purposes of this section, whenever GSA is required to afford 
a debtor a review within the Agency, the hearing official will provide 
the debtor with a reasonable opportunity for an oral hearing when the 
debtor requests reconsideration of the debt and the hearing official 
determines that the question of the indebtedness cannot be resolved by 
review of the documentary evidence; for example, when the validity of 
the debt turns on an issue of credibility or veracity.
    (3) Witnesses will be asked to testify under oath or affirmation, 
and a written transcript of the hearing will be kept and made available 
to either party in the event of an appeal under the Administrative 
Procedure Act, 5 U.S.C. 701-706. Arrangements for the taking of the 
transcript will be made by the hearing official, and all charges 
associated with the taking of the transcript will be the responsibility 
of GSA.
    (4) In those cases when an oral hearing is not required by this 
section, the hearing official will accord the debtor a ``paper 
hearing,'' that is, a determination of the request for reconsideration 
based upon a review of the written record.
    (5) Hearings will be conducted by a Board Judge of the CBCA. GSA 
must provide proof that a valid non-tax debt exists, and the debtor must 
provide evidence that no debt exists or that the amount of the debt is 
incorrect.
    (6) If an oral hearing is provided, the debtor may choose to have it 
conducted in the hearing official's office located at 1800 M Street NW., 
6th Floor, Washington, DC 20036, at another location designated by the 
hearing official, or may choose a hearing by telephone. All personal and 
travel expenses incurred by the debtor in connection with an in-person 
hearing will be borne by the debtor. All telephonic charges incurred 
during a hearing will be the responsibility of GSA.
    (7) If the debtor is an employee of GSA, the employee may represent 
himself or herself or may be represented by another person of his or her 
choice at the hearing. GSA will not compensate the employee for 
representation expenses, including hourly fees for attorneys, travel 
expenses, and costs for reproducing documents.
    (8) A written decision will be issued by the hearing official no 
later than 60 days from the date the petition for review is received by 
GSA. The decision will state the--
    (i) Facts supporting the nature and origin of the debt;
    (ii) Hearing officials analysis, findings, and conclusions as to the 
debtor's and/or GSA's grounds;
    (iii) Amount and validity of the debt; and
    (iv) Repayment schedule, if applicable.
    (9) The hearing official's decision will be the final Agency action 
for the purposes of judicial review under the Administrative Procedure 
Act (5 U.S.C. 701 et seq.).
    (f) Waiver requirements. (1) Under certain circumstances, a waiver 
of a claim against an employee of GSA arising out of an erroneous 
payment of pay, allowances, travel, transportation, or relocation 
expenses and allowances may be granted in whole or in part.
    (2) GSA procedures for waiving a claim of erroneous payment of pay 
and allowances can be found in GSA Order CFO 4200.1, ``Waiver of Claims 
for Overpayment of Pay and Allowances''.
    (3) GSA will follow the procedures of 5 U.S.C. 5584 when considering 
a request for waiver of erroneous payment of travel, transportation, or 
relocation expenses and allowances.

[68 FR 68741, Dec. 10, 2003, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-55.012  Contracting with private collection contractors and
with entities that locate and recover unclaimed assets.

    (a) Subject to the provisions of paragraph (b) of this section, the 
General Services Administration (GSA) may contract with private 
collection contractors, as defined in 31 U.S.C. 3701(f),

[[Page 464]]

to recover delinquent debts provided that--
    (1) GSA retain the authority to resolve disputes, compromise debts, 
suspend or terminate collection activity, and refer debts for 
litigation;
    (2) The private collection contractor is not allowed to offer the 
debtor, as an incentive for payment, the opportunity to pay the debt 
less the private collection contractor's fee unless GSA has granted such 
authority prior to the offer;
    (3) The contract provides that the private collection contractor is 
subject to the Privacy Act of 1974 to the extent specified in 5 U.S.C. 
552a(m), and to applicable Federal and state laws and regulations 
pertaining to debt collection practices, including but not limited to 
the Fair Debt Collection Practices Act, 15 U.S.C. 1692; and
    (4) The private collection contractor is required to account for all 
amounts collected.
    (b) GSA will use Governmentwide debt collection contracts to obtain 
debt collection services provided by private collection contractors. 
However, GSA may refer debts to private collection contractors pursuant 
to a contract between the Agency and the private collection contractor 
only if such debts are not subject to the requirement to transfer debts 
to Treasury for debt collection. See 31 U.S.C. 3711(g); 31 CFR 
285.12(e).
    (c) GSA may fund private collection contractor contracts in 
accordance with 31 U.S.C. 3718(b), or as otherwise permitted by law.
    (d) GSA may enter into contracts for locating and recovering assets 
of the United States, such as unclaimed assets.
    (e) GSA may enter into contracts for debtor asset and income search 
reports. In accordance with 31 U.S.C. 3718(b), such contracts may 
provide that the fee a contractor charges the Agency for such services 
may be payable from the amounts recovered, unless otherwise prohibited 
by statute.



Sec.  105-55.013  Suspension or revocation of eligibility for loans and
loan guaranties, licenses, permits, or privileges.

    (a) Unless waived by the Administrator, the General Services 
Administration (GSA) will not extend financial assistance in the form of 
a loan, loan guarantee, or loan insurance to any person delinquent on a 
non-tax debt owed to a Federal agency. This prohibition does not apply 
to disaster loans. The authority to waive the application of this 
section may be delegated to the Chief Financial Officer and re-delegated 
only to the Deputy Chief Financial Officer of GSA. GSA may extend credit 
after the delinquency has been resolved. The Secretary may exempt 
classes of debts from this prohibition and has prescribed standards 
defining when a ``delinquency'' is ``resolved'' for purposes of this 
prohibition. See 31 CFR 285.13.
    (b) In non-bankruptcy cases, GSA, when seeking the collection of 
statutory penalties, forfeitures, or other types of claims, will 
consider the suspension or revocation of licenses, permits, or other 
privileges for any inexcusable or willful failure of a debtor to pay 
such a debt in accordance with GSA regulations or governing procedures. 
The debtor will be advised in GSA's written demand for payment of the 
Agency's ability to suspend or revoke licenses, permits, or privileges. 
If GSA makes, guarantees, insures, acquires, or participates in loans, 
the Agency will consider suspending or disqualifying any lender, 
contractor, or broker from doing further business with the Agency or 
engaging in programs sponsored by the Agency if such lender, contractor, 
or broker fails to pay its debts to the Government within a reasonable 
time or if such lender, contractor, or broker has been suspended, 
debarred, or disqualified from participation in a program or activity by 
another Federal agency. The failure of any surety to honor its 
obligations in accordance with 31 U.S.C. 9305 will be reported to the 
Treasury. The Treasury will forward notification to all interested 
agencies that a surety's certificate of authority to do business with 
the Government has been revoked by the Treasury.

[[Page 465]]

    (c) The suspension or revocation of licenses, permits, or privileges 
also may extend to GSA programs or activities administered by the states 
on behalf of GSA, to the extent they affect GSA's ability to collect 
money or funds owed by debtors.
    (d) In bankruptcy cases, before advising the debtor of GSA's 
intention to suspend or revoke licenses, permits, or privileges, the 
Agency will ascertain the impact of the Bankruptcy Code, particularly 11 
U.S.C. 362 and 525, which may restrict such action.



Sec.  105-55.014  Liquidation of collateral.

    (a) The General Services Administration (GSA) will liquidate 
security or collateral through the exercise of a power of sale in the 
security instrument or a non-judicial foreclosure, and apply the 
proceeds to the applicable debt(s), if the debtor fails to pay the 
debt(s) within a reasonable time after demand and if such action is in 
the best interest of the United States. Collection from other sources, 
including liquidation of security or collateral, is not a prerequisite 
to requiring payment by a surety, insurer, or guarantor unless such 
action is expressly required by statute or contract.
    (b) When GSA learns a bankruptcy petition has been filed with 
respect to a debtor, the Agency will ascertain the impact of the 
Bankruptcy Code, including, but not limited to, 11 U.S.C. 362, to 
determine the applicability of the automatic stay and the procedures for 
obtaining relief from such stay prior to proceeding under paragraph (a) 
of this section.



Sec.  105-55.015  Collection in installments.

    (a) Whenever feasible, the General Services Administration (GSA) 
will collect the total amount of a debt in one lump sum. If a debtor is 
financially unable to pay a debt in one lump sum, GSA may accept payment 
in regular installments. GSA may obtain financial statements from 
debtors who represent they are unable to pay in one lump sum and 
independently verify such representations whenever possible (see Sec.  
105-55.020(g)). When GSA agrees to accept payments in regular 
installments, a legally enforceable written agreement from the debtor 
will be obtained specifying all of the terms of the arrangement and 
containing a provision accelerating the debt in the event of default. If 
the debtor's financial statement discloses the ownership of assets which 
are free and clear of liens or security interests, or assets in which 
the debtor owns an equity, the debtor may be asked to secure the payment 
of an installment note by executing a Security Agreement and Financing 
Statement transferring to the United States a security interest in the 
asset until the debt is paid.
    (b) The size and frequency of installment payments will bear a 
reasonable relation to the size of the debt and the debtor's ability to 
pay. The installment payments will be sufficient in size and frequency 
to liquidate the debt in three years or less, unless circumstances 
warrant a longer period.
    (c) Security for deferred payments may be obtained in appropriate 
cases. GSA may accept installment payments notwithstanding the refusal 
of the debtor to execute a written agreement or to give security, at the 
Agency's option.



Sec.  105-55.016  Interest, penalties, and administrative costs.

    (a) Except as provided in paragraphs (g), (h), and (i) of this 
section, the General Services Administration (GSA) will charge interest, 
penalties, and administrative costs on debts owed to the United States 
pursuant to 31 U.S.C. 3717. GSA will send by U.S. mail, overnight 
delivery service, or hand-delivery a written notice to the debtor, at 
the debtor's most recent address available to the Agency, explaining the 
Agency's requirements concerning these charges, except where these 
requirements are included in a contractual or repayment agreement. These 
charges will continue to accrue until the debt is paid in full or 
otherwise resolved through compromise, termination, or waiver of the 
charges.
    (b) GSA will charge interest on debts owed the United States as 
follows:
    (1) Interest will accrue from the date of delinquency, or as 
otherwise provided by law.
    (2) Unless otherwise established in a contract, repayment agreement, 
or by statute, the rate of interest charged

[[Page 466]]

will be the rate established annually by the Secretary in accordance 
with 31 U.S.C. 3717(a)(1). Pursuant to 31 U.S.C. 3717, GSA may charge a 
higher rate of interest if it is reasonably determined that a higher 
rate is necessary to protect the rights of the United States. GSA will 
document the reason(s) for a determination that the higher rate is 
necessary.
    (3) The rate of interest, as initially charged, will remain fixed 
for the duration of the indebtedness. When a debtor defaults on a 
repayment agreement and seeks to enter into a new agreement, GSA may 
require payment of interest at a new rate that reflects the Current 
Value of Funds Rate (CVFR) at the time the new agreement is executed. 
Interest will not be compounded, that is, interest will not be charged 
on interest, penalties, or administrative costs required by this 
section. If a debtor defaults on a previous repayment agreement, charges 
that accrued but were not collected under the defaulted agreement will 
be added to the principal under the new repayment agreement.
    (c) GSA will assess administrative costs incurred for processing and 
handling delinquent debts. The calculation of administrative costs will 
be based on actual costs incurred or upon estimated costs as determined 
by the Agency.
    (d) Unless otherwise established in a contract, repayment agreement, 
or by statute, GSA will charge a penalty, pursuant to 31 U.S.C. 
3717(e)(2), not to exceed six percent a year on the amount due on a debt 
that is delinquent for more than 90 days. This charge will accrue from 
the date of delinquency.
    (e) GSA may increase an ``administrative debt'' by the cost of 
living adjustment in lieu of charging interest and penalties under this 
section. ``Administrative debt'' includes, but is not limited to, a debt 
based on fines, penalties, and overpayments, but does not include a debt 
based on the extension of Government credit, such as those arising from 
loans and loan guaranties. The cost of living adjustment is the 
percentage by which the Consumer Price Index for the month of June of 
the calendar year preceding the adjustment exceeds the Consumer Price 
Index for the month of June of the calendar year in which the debt was 
determined or last adjusted. Increases to administrative debts will be 
computed annually. GSA will use this alternative only when there is a 
legitimate reason to do so, such as when calculating interest and 
penalties on a debt would be extremely difficult because of the age of 
the debt.
    (f) When a debt is paid in partial or installment payments, amounts 
received by GSA will be applied first to outstanding penalties, second 
to administrative charges, third to interest, and last to principal.
    (g) GSA will waive the collection of interest, penalty and 
administrative charges imposed pursuant to this section on the portion 
of the debt that is paid within 30 days after the date on which interest 
began to accrue. GSA may extend this 30-day period on a case-by-case 
basis. In addition, GSA may waive interest, penalties, and 
administrative costs charged under this section, in whole or in part, 
without regard to the amount of the debt, either under the criteria set 
forth in these standards for the compromise of debts, or if the Agency 
determines that collection of these charges resulted from Agency error, 
is against equity and good conscience, or is not in the best interest of 
the United States.
    (h) Unless a statute or regulation specifically prohibits 
collection, interest, penalties and administrative costs will continue 
to accrue for periods during which collection activity has been 
suspended pending Agency review or waiver consideration.
    (i) GSA is authorized to impose interest and related charges on 
debts not subject to 31 U.S.C. 3717, in accordance with the common law.



Sec.  105-55.017  Use and disclosure of mailing addresses.

    (a) When attempting to locate a debtor in order to collect or 
compromise a debt under this part or other authority, the General 
Services Administration (GSA) may send a request to the Secretary (or 
designee) to obtain a debtor's mailing address from the records of the 
Internal Revenue Service.

[[Page 467]]

    (b) GSA is authorized to use mailing addresses obtained under 
paragraph (a) of this section to enforce collection of a delinquent debt 
and may disclose such mailing addresses to other agencies and to 
collection agencies for collection purposes.



Sec.  105-55.018  Exemptions.

    (a) The preceding sections of this part, to the extent they reflect 
remedies or procedures prescribed by the Debt Collection Act of 1982 and 
the Debt Collection Improvement Act of 1996, such as administrative 
offset, use of credit bureaus, contracting for collection agencies, and 
interest and related charges, do not apply to debts arising under, or 
payments made under, the Internal Revenue Code of 1986, as amended (26 
U.S.C. 1 et seq.); the Social Security Act (42 U.S.C. 301 et seq.), 
except to the extent provided under 42 U.S.C. 404 and 31 U.S.C. 3716(c); 
or the tariff laws of the United States. These remedies and procedures, 
however, may be authorized with respect to debts that are exempt from 
the Debt Collection Act of 1982 and the Debt Collection Improvement Act 
of 1996, to the extent they are authorized under some other statute or 
the common law.
    (b) Claims arising from the audit of transportation accounts 
pursuant to 31 U.S.C. 3726 will be determined, collected, compromised, 
terminated or settled in accordance with regulation published under the 
authority of 31 U.S.C. 3726 (see 41 CFR part 101-41, administered by the 
Director, Office of Transportation Audits) and are otherwise exempted 
from this part.



Sec.  105-55.019  Compromise of claims.

    (a) The standards set forth in this section apply to the compromise 
of debts pursuant to 31 U.S.C. 3711. The General Services Administration 
(GSA) may exercise such compromise authority for debts arising out of 
activities of, or referred or transferred for collection services to, 
the Agency when the amount of the debt then due, exclusive of interest, 
penalties, and administrative costs, does not exceed $100,000 or any 
higher amount authorized by the Attorney General. The Administrator may 
designate other GSA officials to exercise the authorities in this 
section.
    (b) Unless otherwise provided by law, when the principal balance of 
a debt, exclusive of interest, penalties, and administrative costs, 
exceeds $100,000 or any higher amount authorized by the Attorney 
General, the authority to accept the compromise rests with the 
Department of Justice. GSA will evaluate the compromise offer, using the 
factors set forth in Sec.  105-55.020. If an offer to compromise any 
debt in excess of $100,000 is acceptable to the Agency, GSA will refer 
the debt to the Civil Division or other appropriate litigating division 
in the Department of Justice using a Claims Collection Litigation 
Report. The referral will include appropriate financial information and 
a recommendation for the acceptance of the compromise offer. Justice 
Department approval is not required if GSA rejects a compromise offer.



Sec.  105-55.020  Bases for compromise.

    (a) The General Services Administration (GSA) may compromise a debt 
if the full amount cannot be collected because--
    (1) The debtor is unable to pay the full amount in a reasonable 
time, as verified through credit reports or other financial information.
    (2) GSA is unable to collect the debt in full within a reasonable 
time by enforced collection proceedings.
    (3) The cost of collecting the debt does not justify the enforced 
collection of the full amount.
    (4) There is significant doubt concerning the Government's ability 
to prove its case in court.
    (b) In determining the debtor's inability to pay, GSA will consider 
relevant factors such as the following:
    (1) Age and health of the debtor.
    (2) Present and potential income.
    (3) Inheritance prospects.
    (4) The possibility that assets have been concealed or improperly 
transferred by the debtor.
    (5) The availability of assets or income that may be realized by 
enforced collection proceedings.
    (c) GSA will verify the debtor's claim of inability to pay by using 
a credit report and other financial information as provided in paragraph 
(g) of this section. GSA will consider the applicable exemptions 
available to the debtor

[[Page 468]]

under State and Federal law in determining the Government's ability to 
enforce collection. GSA also may consider uncertainty as to the price 
that collateral or other property will bring at a forced sale in 
determining the Government's ability to enforce collection. A compromise 
effected under this section will be for an amount that bears a 
reasonable relation to the amount that can be recovered by enforced 
collection procedures, with regard to the exemptions available to the 
debtor and the time that collection will take.
    (d) If there is significant doubt concerning the Government's 
ability to prove its case in court for the full amount claimed, either 
because of the legal issues involved or because of a bona fide dispute 
as to the facts, then the amount accepted in compromise of such cases 
will fairly reflect the probabilities of successful prosecution to 
judgment, with due regard given to the availability of witnesses and 
other evidentiary support for the Government's claim. In determining the 
litigative risks involved, GSA will consider the probable amount of 
court costs and attorney fees pursuant to the Equal Access to Justice 
Act, 28 U.S.C. 2412 that may be imposed against the Government if it is 
unsuccessful in litigation.
    (e) GSA may compromise a debt if the cost of collecting the debt 
does not justify the enforced collection of the full amount. The amount 
accepted in compromise in such cases may reflect an appropriate discount 
for the administrative and litigative costs of collection, with 
consideration given to the time it will take to effect collection. 
Collection costs may be a substantial factor in the settlement of small 
debts. In determining whether the cost of collection justifies enforced 
collection of the full amount, GSA will consider whether continued 
collection of the debt, regardless of cost, is necessary to further an 
enforcement principle, such as the Government's willingness to pursue 
aggressively defaulting and uncooperative debtors.
    (f) GSA generally will not accept compromises payable in 
installments. This is not an advantageous form of compromise in terms of 
time and administrative expense. If, however, payment of a compromise in 
installments is necessary, GSA will obtain a legally enforceable written 
agreement providing that, in the event of default, the full original 
principal balance of the debt prior to compromise, less sums paid 
thereon, is reinstated. Whenever possible, GSA will obtain security for 
repayment in the manner set forth in Sec.  105-55.015.
    (g) To assess the merits of a compromise offer based in whole or in 
part on the debtor's inability to pay the full amount of a debt within a 
reasonable time, GSA may obtain a current financial statement from the 
debtor, executed under penalty of perjury, showing the debtor's assets, 
liabilities, income and expenses. GSA also may obtain credit reports or 
other financial information to assess compromise offers. GSA may use 
their own financial information form or may request suitable forms from 
the Department of Justice or the local United States Attorney's Office.



Sec.  105-55.021  Enforcement policy.

    Pursuant to this section, the General Services Administration may 
compromise statutory penalties, forfeitures, or claims established as an 
aid to enforcement and to compel compliance, if the Agency's enforcement 
policy in terms of deterrence and securing compliance, present and 
future, will be adequately served by the Agency's acceptance of the sum 
to be agreed upon.



Sec.  105-55.022  Joint and several liability.

    (a) When two or more debtors are jointly and severally liable, the 
General Services Administration (GSA) may pursue collection activity 
against all debtors, as appropriate. GSA will not attempt to allocate 
the burden of payment between the debtors but will proceed to liquidate 
the indebtedness as quickly as possible.
    (b) GSA will ensure that a compromise agreement with one debtor does 
not release the Agency's claim against the remaining debtors. The amount 
of a compromise with one debtor will not be considered a precedent or 
binding in determining the amount that will be required from other 
debtors jointly and severally liable on the claim.

[[Page 469]]



Sec.  105-55.023  Further review of compromise offers.

    If the General Services Administration (GSA) is uncertain whether to 
accept a firm, written, substantive compromise offer on a debt that is 
within the Agency's delegated compromise authority, it may refer the 
offer to the Civil Division or other appropriate litigating division in 
the Department of Justice (DOJ), using a Claims Collection Litigation 
Report accompanied by supporting data and particulars concerning the 
debt. DOJ may act upon such an offer or return it to GSA with 
instructions or advice.



Sec.  105-55.024  Consideration of tax consequences to the Government.

    In negotiating a compromise, the General Services Administration 
(GSA) may consider the tax consequences to the Government. In 
particular, GSA may consider requiring a waiver of tax-loss-carry-
forward and tax-loss-carry-back rights of the debtor. For information on 
discharge of indebtedness reporting requirements see Sec.  105-55.030.



Sec.  105-55.025  Mutual releases of the debtor and the Government.

    In all appropriate instances, a compromise that is accepted by the 
General Services Administration may be implemented by means of a mutual 
release, in which the debtor is released from further non-tax liability 
on the compromised debt in consideration of payment in full of the 
compromise amount and the Government and its officials, past and 
present, are released and discharged from any and all claims and causes 
of action arising from the same transaction that the debtor may have. In 
the event a mutual release is not executed when a debt is compromised, 
unless prohibited by law, the debtor is still deemed to have waived any 
and all claims and causes of action against the Government and its 
officials related to the transaction giving rise to the compromised 
debt.



Sec.  105-55.026  Suspending or terminating collection activity.

    (a) The standards set forth in Sec. Sec.  105-55.027 and 105-55.028 
apply to the suspension or termination of collection activity pursuant 
to 31 U.S.C. 3711 on debts that do not exceed $100,000, or such other 
amount as the Attorney General may direct, exclusive of interest, 
penalties, and administrative costs, after deducting the amount of 
partial payments or collections, if any. Prior to referring a debt to 
the Department of Justice (DOJ) for litigation, the General Services 
Administration (GSA) may suspend or terminate collection under this part 
with respect to debts arising out of activities of, or referred or 
transferred for collection services to, the Agency.
    (b) If, after deducting the amount of any partial payments or 
collections, the principal amount of a debt exceeds $100,000, or such 
other amount as the Attorney General may direct, exclusive of interest, 
penalties, and administrative costs, the authority to suspend or 
terminate rests solely with DOJ. If GSA believes suspension or 
termination of any debt in excess of $100,000 may be appropriate, the 
Agency will refer the debt to the Civil Division or other appropriate 
litigating division in DOJ, using the Claims Collection Litigation 
Report. The referral will specify the reasons for the Agency's 
recommendation. If, prior to referral to DOJ, GSA determines a debt is 
plainly erroneous or clearly without legal merit, the Agency may 
terminate collection activity regardless of the amount involved without 
obtaining DOJ concurrence.



Sec.  105-55.027  Suspension of collection activity.

    (a) The General Services Administration (GSA) may suspend collection 
activity on a debt when--
    (1) The Agency cannot locate the debtor;
    (2) The debtor's financial condition is expected to improve; or
    (3) The debtor has requested a waiver or review of the debt.
    (b) Based on the current financial condition of the debtor, GSA may 
suspend collection activity on a debt when the debtor's future prospects 
justify retention of the debt for periodic review and collection 
activity and--
    (1) The applicable statute of limitations has not expired; or

[[Page 470]]

    (2) Future collection can be effected by administrative offset, 
notwithstanding the expiration of the applicable statute of limitations 
for litigation of claims, with due regard to the 10-year limitation for 
administrative offset prescribed by 31 U.S.C. 3716(e)(1); or
    (3) The debtor agrees to pay interest on the amount of the debt on 
which collection will be suspended, and such suspension is likely to 
enhance the debtor's ability to pay the full amount of the principal of 
the debt with interest at a later date.
    (c)(1) GSA will suspend collection activity during the time required 
for consideration of the debtor's request for waiver or administrative 
review of the debt if the statute under which the request is sought 
prohibits the Agency from collecting the debt during that time.
    (2) If the statute under which the request is sought does not 
prohibit collection activity pending consideration of the request, GSA 
will use discretion, on a case-by-case basis, to suspend collection. 
Further, GSA ordinarily will suspend collection action upon a request 
for waiver or review if the Agency is prohibited by statute or 
regulation from issuing a refund of amounts collected prior to Agency 
consideration of the debtor's request. However, GSA will not suspend 
collection when the Agency determines the request for waiver or review 
is frivolous or was made primarily to delay collection.
    (d) When GSA learns a bankruptcy petition has been filed with 
respect to a debtor, in most cases the collection activity on a debt 
will be suspended, pursuant to the provisions of 11 U.S.C. 362, 1201, 
and 1301, unless the Agency can clearly establish the automatic stay has 
been lifted or is no longer in effect. GSA will, if legally permitted, 
take the necessary legal steps to ensure no funds or money are paid by 
the Agency to the debtor until relief from the automatic stay is 
obtained.



Sec.  105-55.028  Termination of collection activity.

    (a) The General Services Administration (GSA) may terminate 
collection activity when--
    (1) The Agency is unable to collect any substantial amount through 
its own efforts or through the efforts of others;
    (2) The Agency is unable to locate the debtor;
    (3) Costs of collection are anticipated to exceed the amount 
recoverable;
    (4) The debt is legally without merit or enforcement of the debt is 
barred by any applicable statute of limitations;
    (5) The debt cannot be substantiated; or
    (6) The debt against the debtor has been discharged in bankruptcy.
    (b) Before terminating collection activity, GSA will pursue all 
appropriate means of collection and determine, based upon the results of 
the collection activity, that the debt is uncollectible. Termination of 
collection activity ceases active collection of the debt. The 
termination of collection activity does not preclude GSA from retaining 
a record of the account for purposes of--
    (1) Selling the debt, if the Secretary determines that such sale is 
in the best interests of the United States;
    (2) Pursuing collection at a subsequent date in the event there is a 
change in the debtor's status or a new collection tool becomes 
available;
    (3) Offsetting against future income or assets not available at the 
time of termination of collection activity; or
    (4) Screening future applicants of loans and loan guaranties, 
licenses, permits, or privileges for prior indebtedness.
    (c) Generally, GSA will terminate collection activity on a debt that 
has been discharged in bankruptcy, regardless of the amount. GSA may 
continue collection activity, however, subject to the provisions of the 
Bankruptcy Code, for any payments provided under a plan of 
reorganization. Offset and recoupment rights may survive the discharge 
of the debtor in bankruptcy and, under some circumstances, claims also 
may survive the discharge. For example, the claims of GSA that it is a 
known creditor of a debtor may survive a discharge if the Agency did not 
receive formal notice of the proceedings.



Sec.  105-55.029  Exception to termination.

    When a significant enforcement policy is involved, or recovery of a 
judgment is a prerequisite to the imposition of administrative 
sanctions, the

[[Page 471]]

General Services Administration may refer debts for litigation even 
though termination of collection activity may otherwise be appropriate.



Sec.  105-55.030  Discharge of indebtedness; reporting requirements.

    (a) Before discharging a delinquent debt (also referred to as a 
close out of the debt), the General Services Administration (GSA) will 
take all appropriate steps to collect the debt in accordance with 31 
U.S.C. 3711(g), including, as applicable, administrative offset, tax 
refund offset, Federal salary offset, referral to Treasury, Treasury-
designated debt collection centers or private collection contractors, 
credit bureau reporting, wage garnishment, litigation, and foreclosure. 
Discharge of indebtedness is distinct from termination or suspension of 
collection activity and is governed by the Internal Revenue Code. When 
collection action on a debt is suspended or terminated, the debt remains 
delinquent and further collection action may be pursued at a later date 
in accordance with the standards set forth in this part. When GSA 
discharges a debt in full or in part, further collection action is 
prohibited. Therefore, GSA will make the determination that collection 
action is no longer warranted before discharging a debt. Before 
discharging a debt, GSA will terminate debt collection action.
    (b) Section 3711(i), Title 31, United States Code, requires GSA to 
sell a delinquent non-tax debt upon termination of collection action if 
the Secretary determines such a sale is in the best interests of the 
United States. Since the discharge of a debt precludes any further 
collection action (including the sale of a delinquent debt), GSA may not 
discharge a debt until the requirements of 31 U.S.C. 3711(i) have been 
met.
    (c) Upon discharge of a debt of more than $600, GSA must report the 
discharge to the Internal Revenue Service (IRS) in accordance with the 
requirements of 26 U.S.C. 6050P and 26 CFR 1.6050P-1. GSA may request 
Treasury or Treasury-designated debt collection centers to file such a 
discharge report to the IRS on the Agency's behalf.
    (d) When discharging a debt, GSA will request the GSA Office of 
General Counsel to release any liens of record securing the debt.



Sec.  105-55.031  Prompt referral to the Department of Justice.

    (a) The General Services Administration (GSA) will promptly refer to 
the Department of Justice (DOJ) for litigation debts on which aggressive 
collection activity has been taken in accordance with Sec.  105-55.009 
and that cannot be compromised, or on which collection activity cannot 
be suspended or terminated, in accordance with Sec. Sec.  105-55.027 and 
105-55.028. GSA may refer those debts arising out of activities of, or 
referred or transferred for collection services to, the Agency. Debts 
for which the principal amount is over $1,000,000, or such other amount 
as the Attorney General may direct, exclusive of interest and penalties, 
will be referred to the Civil Division or other division responsible for 
litigating such debts at DOJ, Washington, DC. Debts for which the 
principal amount is $1,000,000, or less, or such other amount as the 
Attorney General may direct, exclusive of interest or penalties, will be 
referred to DOJ's Nationwide Central Intake Facility as required by the 
Claims Collection Litigation Report instructions. Debts will be referred 
as early as possible, consistent with aggressive GSA collection activity 
and the observance of the standards contained in this part, and, in any 
event, well within the period for initiating timely lawsuits against the 
debtors. GSA will make every effort to refer delinquent debts to DOJ for 
litigation within one year of the date such debts last became 
delinquent. In the case of guaranteed or insured loans, GSA will make 
every effort to refer these delinquent debts to DOJ for litigation 
within one year from the date the loan was presented to the Agency for 
payment or re-insurance.
    (b) DOJ has exclusive jurisdiction over the debts referred to it 
pursuant to this section. GSA, as the referring agency, will immediately 
terminate the use of any administrative collection activities to collect 
a debt at the time of the referral of that debt to DOJ. GSA will advise 
DOJ of the collection activities which have been utilized to date, and 
their result. GSA will

[[Page 472]]

refrain from having any contact with the debtor and will direct all 
debtor inquiries concerning the debt to DOJ, except as otherwise agreed 
between GSA and DOJ. GSA will immediately notify DOJ of any payments 
credited by the Agency to the debtor's account after referral of a debt 
under this section. DOJ will notify GSA of any payments it receives from 
the debtor.



Sec.  105-55.032  Claims Collection Litigation Report.

    (a) Unless excepted by the Department of Justice (DOJ), the General 
Services Administration (GSA) will complete the Claims Collection 
Litigation Report (CCLR) (see Sec.  105-55.019(b)), accompanied by a 
signed Certificate of Indebtedness, to refer all administratively 
uncollectible claims to DOJ for litigation. GSA will complete all 
sections of the CCLR appropriate to each claim as required by the CCLR 
instructions and furnish such other information as may be required in 
specific cases.
    (b) GSA will indicate clearly on the CCLR the actions DOJ should 
take with respect to the referred claim. The CCLR permits the Agency to 
indicate specifically any of a number of litigative activities which DOJ 
may pursue, including enforced collection, judgment lien only, renew 
judgment lien only, renew judgment lien and enforce collection, program 
enforcement, foreclosure only, and foreclosure and deficiency judgment.
    (c) GSA also will use the CCLR to refer claims to DOJ to obtain 
approval of any proposals to compromise the claims or to suspend or 
terminate Agency collection activity.



Sec.  105-55.033  Preservation of evidence.

    The General Services Administration (GSA) will take care to preserve 
all files and records that may be needed by the Department of Justice 
(DOJ) to prove their claims in court. GSA ordinarily will include 
certified copies of the documents that form the basis for the claim in 
the packages referring their claims to DOJ for litigation. GSA will 
provide originals of such documents immediately upon request by DOJ.



Sec.  105-55.034  Minimum amount of referrals to the Department of Justice.

    (a) The General Services Administration (GSA) will not refer for 
litigation claims of less than $2,500, exclusive of interest, penalties, 
and administrative costs, or such other amount as the Attorney General 
shall from time to time prescribe. The Department of Justice (DOJ) will 
notify GSA if the Attorney General changes this minimum amount.
    (b) GSA will not refer claims of less than the minimum amount 
unless--
    (1) Litigation to collect such smaller claims is important to ensure 
compliance with the Agency's policies or programs;
    (2) The claim is being referred solely for the purpose of securing a 
judgment against the debtor, which will be filed as a lien against the 
debtor's property pursuant to 28 U.S.C. 3201 and returned to GSA for 
enforcement; or
    (3) The debtor has the clear ability to pay the claim and the 
Government effectively can enforce payment, with due regard for the 
exemptions available to the debtor under State and Federal law and the 
judicial remedies available to the Government.
    (c) GSA will consult with the Financial Litigation Staff of the 
Executive Office for United States Attorneys in DOJ prior to referring 
claims valued at less than the minimum amount.



PART 105	56_SALARY OFFSET FOR INDEBTEDNESS OF FEDERAL EMPLOYEES
TO THE UNITED STATES--Table of Contents



  Subpart A_Salary Offset of General Services Administration Employees

Sec.
105-56.001 Scope.
105-56.002 Excluded debts or claims.
105-56.003 Definitions.
105-56.004 Pre-offset notice.
105-56.005 Employee response.
105-56.006 Petition for pre-offset hearing.
105-56.007 Pre-offset oral hearing.
105-56.008 Pre-offset paper hearing.
105-56.009 Written decision.
105-56.010 Deductions.
105-56.011 Non-waiver of rights.
105-56.012 Refunds.
105-56.013 Coordinating offset with another Federal agency.

[[Page 473]]

  Subpart B_Centralized Salary Offset (CSO) Procedures_GSA as Creditor 
                                 Agency

105-56.014 Purpose and scope.
105-56.015 Definitions.
105-56.016 GSA participation.
105-56.017 Centralized salary offset computer match.
105-56.018 Salary offset.
105-56.019 Offset amount.
105-56.020 Priorities.
105-56.021 Notice.
105-56.022 Fees.
105-56.023 Disposition of amounts collected.

   Subpart C_Centralized Salary Offset (CSO) Procedures_GSA as Paying 
                                 Agency

105-56.024 Purpose and scope.
105-56.025 Definitions.
105-56.026 GSA participation.
105-56.027 Centralized salary offset computer match.
105-56.028 Salary offset.
105-56.029 Offset amount.
105-56.030 Priorities.
105-56.031 Notice.
105-56.032 Fees.
105-56.033 Disposition of amounts collected.

    Authority: 5 U.S.C. 5514; 31 U.S.C. 3711; 31 U.S.C. 3716; 5 CFR part 
550, subpart K; 31 CFR part 5; 31 CFR 285.7; 31 CFR parts 900-904.

    Source: 68 FR 68752, Dec. 10, 2003, unless otherwise noted.



  Subpart A_Salary Offset of General Services Administration Employees



Sec.  105-56.001  Scope.

    (a) This subpart covers internal GSA collections under 5 U.S.C. 
5514. It applies when certain debts to the United States are recovered 
by administrative offset from the disposable pay of a GSA employee or a 
cross-serviced agency employee, except in situations where the employee 
consents to the recovery.
    (b) The collection of any amount under this subpart will be in 
accordance with the standards promulgated pursuant to the Debt 
Collection Improvement Act of 1996 (DCIA), 31 U.S.C. 3701 et seq., and 
the Federal Claims Collection Standards, 31 CFR parts 900 through 904 as 
amended, or in accordance with any other statutory authority for the 
collection of claims of the United States or any Federal agency.



Sec.  105-56.002  Excluded debts or claims.

    This subpart does not apply to the following:
    (a) Debts or claims arising under the Internal Revenue Code of 1954 
as amended (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 
et seq.), or the tariff laws of the United States.
    (b) Any case where collection of a debt by salary offset is 
explicitly provided for or prohibited by another statute. Debt 
collection procedures under other statutory authorities, however, must 
be consistent with the provisions of the Federal Claims Collection 
Standards, defined at paragraph (h) of Sec.  105-56.003.
    (c) An employee election of coverage or of a change of coverage 
under a Federal benefits program that requires periodic deductions from 
pay if the amount to be recovered was accumulated over four pay periods 
or less. However, if the amount to be recovered was accumulated over 
more than four pay periods, the procedures under Sec.  105-56.004 of 
this subpart will apply.
    (d) Routine adjustment in pay or allowances that is made to correct 
an overpayment of pay attributable to clerical or administrative errors 
or delays in processing pay documents, if the overpayment occurred 
within the four pay periods preceding the adjustment and, at the time of 
the adjustment, or as soon after as possible, the employee is provided 
written notice of the nature and amount of the adjustment.
    (e) Any adjustment to collect a debt amounting to $50 or less, if, 
at the time of the adjustment, or as soon after as possible, the 
employee is given written notice of the nature and amount of the 
adjustment and a point of contact for contesting the adjustment.
    (f) Debts or claims arising from the accrual of unpaid Health 
Benefits Insurance (HBI) premiums as the result of an employee's 
election to continue health insurance coverage during periods of leave 
without pay (LWOP), or when pay is insufficient to cover premiums. Debt 
collection procedures for unpaid HBI are covered under 5 CFR part 890, 
subpart E.

[[Page 474]]



Sec.  105-56.003  Definitions.

    The following definitions apply to this subpart:
    (a) Administrative offset, as defined in 31 U.S.C. 3701(a)(1), means 
withholding funds payable by the United States (including funds payable 
by the United States on behalf of a State government) to, or held by the 
United States for, a person to satisfy a claim.
    (b) Agency means a department, agency or sub-agency, court, court 
administrative office, or instrumentality in the executive, judicial, or 
legislative branch of the Federal government, including government 
corporations.
    (c) Business day means Monday through Friday, excluding Federal 
legal holidays. For purposes of computation, the last day of the period 
will be included unless it is a Federal legal holiday.
    (d) Creditor agency means any agency that is owed a debt, including 
a debt collection center when acting on behalf of a creditor agency in 
matters pertaining to the collection of a debt.
    (e) Cross-serviced agency means an arrangement between GSA and 
another agency whereby GSA provides financial support services to the 
other agency on a reimbursable basis. Financial support services can 
range from simply providing computer and software timesharing services 
to full-service administrative processing.
    (f) Disposable pay means the amount that remains from an employee's 
Federal pay after required deductions for Federal, State and local 
income taxes; Social Security taxes, including Medicare taxes; Federal 
retirement programs, including contributions to the Thrift Savings Plan 
(TSP); premiums for life (excluding amounts deducted for supplemental 
coverage) and health insurance benefits; Internal Revenue Service (IRS) 
tax levies; and such other deductions that may be required by law to be 
withheld.
    (g) Employee means any individual employed by GSA or a cross-
serviced agency of the executive, legislative, or judicial branches of 
the Federal Government, including Government corporations.
    (h) FCCS means the Federal Claims Collection Standards jointly 
published by the Department of Justice and the Department of the 
Treasury at 31 CFR parts 900 through 904.
    (i) Financial hardship means an inability to meet basic living 
expenses for goods and services necessary for the survival of the debtor 
and his or her spouse and dependents.
    (j) For the purposes of the standards in this subpart, unless 
otherwise stated, the term ``Administrator'' refers to the Administrator 
of General Services or the Administrator's delegate.
    (k) For the purposes of the standards in this subpart, the terms 
``claim'' and ``debt'' are synonymous and interchangeable. They refer to 
an amount of money, funds, or property that has been determined by GSA 
to be due the United States from an employee of GSA or a cross-serviced 
agency from sources which include loans insured or guaranteed by the 
United States and all other amounts due the United States from fees, 
leases, rents, royalties, services, sales of real or personal property, 
overpayments, penalties, damages, interest, fines and forfeitures and 
all other similar sources, including debt administered by a third party 
as an agent for the Federal Government. For the purposes of 
administrative offset under 31 U.S.C. 3716, the terms ``claim'' and 
``debt'' include an amount of money, funds, or property owed by an 
employee to a State (including past-due support being enforced by a 
State), the District of Columbia, American Samoa, Guam, the United 
States Virgin Islands, the Commonwealth of the Northern Mariana Islands, 
or the Commonwealth of Puerto Rico.
    (l) For the purposes of the standards in this subpart, unless 
otherwise stated, the terms ``GSA'' and ``Agency'' are synonymous and 
interchangeable.
    (m) Hearing official means a Board Judge of the Civilian Board of 
Contract Appeals (CBCA).
    (n) Pay means basic pay, special pay, incentive pay, retired pay, 
retainer pay, or in the case of an individual not entitled to basic pay, 
other authorized pay.
    (o) Pre-offset hearing means a review of the documentary evidence 
concerning the existence and/or amount of a debt, and/or the terms of a 
repayment schedule, provided such repayment schedule is established 
other than by a

[[Page 475]]

written agreement entered into pursuant to this subpart. If the hearing 
official determines that the issues in dispute cannot be resolved solely 
by review of the written record, such as when the validity of the debt 
turns on the issue of credibility or veracity, an oral hearing may be 
provided.
    (p) Program official means a supervisor or management official of 
the employee's service, staff office, cross-serviced agency, or other 
designated Agency officials.
    (q) Reconsideration means a request by the employee to have a 
secondary review by GSA of the existence and/or amount of the debt, and/
or the proposed offset schedule.
    (r) Salary offset means an administrative offset to collect a debt 
under 5 U.S.C. 5514 by deduction(s) at one or more officially 
established pay intervals from the current pay account of an employee 
without his or her consent.
    (s) Waiver means the cancellation, remission, forgiveness, or non-
recovery of a debt or debt-related charge as permitted or required by 
law.

[68 FR 68752, Dec. 10, 2003, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-56.004  Pre-offset notice.

    An employee must be given written notice from the appropriate 
program official at least 30 days in advance of initiating a deduction 
from disposable pay informing him or her of--
    (a) The nature, origin and amount of the indebtedness determined by 
GSA or a cross-serviced agency to be due;
    (b) The intention of GSA to initiate proceedings to collect the debt 
through deductions from the employee's current disposable pay and other 
eligible payments;
    (c) The amount (stated as a fixed dollar amount or as a percentage 
of pay, not to exceed 15 percent of disposable pay), frequency, proposed 
beginning date, and duration of the intended deductions;
    (d) GSA's policy concerning how interest, penalties, and 
administrative costs are assessed (see 41 CFR part 105-55.017), 
including a statement that such assessments will be made unless excused 
under 31 U.S.C. 3717(h) and 31 CFR 901.9(g) and (h);
    (e) The employee's right to inspect and copy GSA records relating to 
the debt, if records of the debt are not attached to the notice, or if 
the employee or his or her representative cannot personally inspect the 
records, the right to receive a copy of such records. Any costs 
associated with copying the records for the debtor will be borne by the 
debtor. The debtor must give a minimum of three (3) business days notice 
in advance to GSA of the date on which he or she intends to inspect and 
copy the records involved;
    (f) A demand for repayment providing for an opportunity, under terms 
agreeable to GSA, for the employee to establish a schedule for the 
voluntary repayment of the debt by offset or to enter into a written 
repayment agreement of the debt in lieu of offset;
    (g) The employee's right to request a waiver (see Sec.  105-
56.005(b) of this subpart);
    (h) The employee's right to request reconsideration by the Agency of 
the existence and/or amount of the debt, and/or the proposed offset 
schedule;
    (i) The employee's right to a pre-offset hearing conducted by a 
hearing official, arranged by the appropriate program official, if a 
request is filed as prescribed by Sec.  105-56.006 of this subpart;
    (j) The method and time period for requesting a hearing, including a 
statement that the timely filing of a request for hearing will stay the 
commencement of collection proceedings;
    (k) The issuance of a final decision on the hearing, if requested, 
at the earliest practicable date, but no later than 60 days after the 
request for hearing is filed, unless the employee requests and the 
hearing official grants a delay in the proceedings;
    (l) The risk that any knowingly false or frivolous statements, 
representations, or evidence may subject the employee to--
    (1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5 
CFR part 752, or any other applicable statutes or regulations;
    (2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or 
any other applicable statutory authority; or

[[Page 476]]

    (3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or 
any other applicable statutory authority;
    (m) Any other rights and remedies available to the employee under 
statutes or regulations governing the program for which the collection 
is being made;
    (n) The employee's right to a prompt refund if amounts paid or 
deducted are later waived or found not owed, unless otherwise provided 
by law (see Sec.  105-56.012 of this subpart);
    (o) The specific address to which all correspondence must be 
directed regarding the debt.



Sec.  105-56.005  Employee response.

    (a) Voluntary repayment agreement. An employee may submit a request 
to the appropriate program official who signed the pre-offset notice to 
enter into a written repayment agreement of the debt in lieu of offset. 
The request must be made within 7 days of receipt of notice under Sec.  
105-56.004 of this subpart. The agreement must be in writing, signed by 
both the employee and the appropriate program official making the 
notice, and a signed copy must be sent to the appropriate Finance Center 
serving the program activity. Acceptance of such an agreement is 
discretionary with the Agency. An employee who enters into such an 
agreement may, nevertheless, seek a waiver under paragraph (b) of this 
section.
    (b) Waiver. An employee may submit a signed waiver request of 
overpayment of pay or allowances (e.g., 5 U.S.C. 5584, 10 U.S.C. 2774, 
or 32 U.S.C. 716) to the GSA National Payroll Center (NPC). When an 
employee requests waiver consideration, further collection on the debt 
may be suspended until a final administrative decision is made on the 
waiver request. During the period of any suspension, interest, penalties 
and administrative charges may be held in abeyance. GSA will not 
duplicate, for purposes of salary offset, any of the notices/procedures 
already provided the debtor prior to a request for waiver.
    (c) Reconsideration. (1) An employee may seek a reconsideration of 
GSA's determination regarding the existence and/or amount of the debt. 
The request must be submitted to the appropriate program official 
indicated in the pre-offset notice, within 7 days of receipt of notice 
under Sec.  105-56.004 of this subpart. Within 20 days of receipt of 
this notice, the employee must submit a detailed statement of reasons 
for reconsideration that must be accompanied by supporting 
documentation.
    (2) An employee may request a reconsideration of the proposed offset 
schedule. The request must be submitted to the appropriate program 
official indicated in the pre-offset notice, within 7 days of receipt of 
notice under Sec.  105-56.004 of this subpart. Within 20 days of receipt 
of this notice, the employee must submit an alternative repayment 
schedule accompanied by a detailed statement, supported by 
documentation, evidencing financial hardship resulting from GSA's 
proposed schedule. Acceptance of the request is at GSA's discretion. GSA 
will notify the employee in writing of its decision concerning the 
request to reduce the rate of an involuntary deduction.



Sec.  105-56.006  Petition for pre-offset hearing.

    (a) The employee may request a pre-offset hearing by filing a 
written petition with the appropriate program official indicated in the 
pre-offset notice, within 15 days of receipt of the written notice. The 
petition must state why the employee believes GSA's determination 
concerning the existence and/or amount of the debt is in error, set 
forth any objections to the involuntary repayment schedule, and, if the 
employee is seeking an oral hearing, set forth reasons for an oral 
hearing. The timely filing of a petition will suspend the commencement 
of collection proceedings.
    (b) The employee's petition or statement must be signed and dated by 
the employee.
    (c) Petitions for hearing made after the expiration of the 15-day 
period may be accepted if the employee can show that the delay was 
because of circumstances beyond his or her control or because of failure 
to receive notice of the time limit.
    (d) If the employee timely requests a pre-offset hearing or the 
timeliness is waived, the appropriate program official must--

[[Page 477]]

    (1) Promptly notify the CBCA and arrange for a hearing official (see 
Sec.  105-56.003(m) of this subpart). The hearing official will notify 
the employee whether he or she may have an oral or a ``paper hearing,'' 
i.e., a review on the written record (see 31 CFR 901.3(e)); and
    (2) Provide the hearing official with a copy of all records on which 
the determination of the debt and any involuntary repayment schedule are 
based.
    (e) If an oral hearing is to be held, the hearing official will 
notify the appropriate program official and the employee of the date, 
time, and location of the hearing. The debtor may choose to have the 
hearing conducted in the hearing official's office located at 1800 M 
Street NW., 6th Floor, Washington, DC 20036, at another location 
designated by the hearing official, or by telephone. The debtor and any 
witnesses are responsible for any personal expenses incurred to arrive 
at a hearing official's office or other designated location (see Sec.  
105-56.007(c)). All telephonic charges incurred during a hearing will be 
the responsibility of GSA.
    (f) If the employee later elects to have the hearing based only on 
the written submissions, notification must be given to the hearing 
official and the appropriate program official at least 3 days before the 
date of the oral hearing. The hearing official may waive the 3-day 
requirement for good cause.
    (g) If either party, without good cause as determined by the hearing 
official, does not appear at a scheduled oral hearing, the hearing 
official will make a determination on the claim which takes into account 
that party's position as presented in writing only.

[68 FR 68752, Dec. 10, 2003, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-56.007  Pre-offset oral hearing.

    (a) The Agency, represented by the appropriate program official or a 
representative of the Office of General Counsel, and the employee, and/
or his or her representative, will explain their case in the form of an 
oral presentation with reference to the documentation submitted. The 
employee may testify on his or her own behalf, subject to cross-
examination. Other witnesses may be called to testify when the hearing 
official determines the testimony to be relevant and not redundant. All 
witnesses will testify under oath, with the oath having been 
administered by the hearing official. A written transcript of the 
hearing will be kept and made available to either party in the event of 
an appeal under the Administrative Procedure Act, 5 U.S.C. 701-706. 
Arrangements for the taking of the transcript will be made by the 
hearing official, and all charges associated with the taking of the 
transcript will be the responsibility of GSA.
    (b) The hearing official will--
    (1) Conduct a fair and impartial hearing; and
    (2) Preside over the course of the hearing, maintain decorum, and 
avoid delay in the disposition of the hearing.
    (c) The employee may represent himself or herself or may be 
represented by another person of his or her choice at the hearing. GSA 
will not compensate the employee for representation expenses, including 
hourly fees for attorneys, travel expenses, and costs for reproducing 
documents.
    (d) Oral hearings are open to the public. However, the hearing 
official may close all or any portion of the hearing when doing so is in 
the best interests of the employee or the Agency.
    (e) Oral hearings may be conducted by telephone at the request of 
the employee. All telephonic charges incurred during a hearing will be 
the responsibility of GSA.
    (f) The hearing official may request written submissions and 
documentation from the employee and the Agency, in addition to 
considering evidence offered at the hearing.



Sec.  105-56.008  Pre-offset paper hearing.

    If a hearing is to be held only upon written submissions, the 
hearing official will issue a decision based upon the record and 
responses submitted by both the Agency and the employee. See Sec.  105-
56.006 of this subpart. If either party, without good cause as 
determined by the hearing official, does not provide written submissions 
and documentation requested by the hearing official, the hearing 
official will make a determination on the claim without reference to 
such submissions and documentation.

[[Page 478]]



Sec.  105-56.009  Written decision.

    (a) Within 60 days of the employee's filing of a petition for a pre-
offset hearing, the hearing official will issue a written decision 
setting forth--
    (1) The facts supporting the nature and origin of the debt;
    (2) The hearing official's analysis, findings and conclusions as to 
the employee's or Agency's grounds;
    (3) The amount and validity of the debt; and
    (4) The repayment schedule, if applicable.
    (b) The hearing official's decision will be the final Agency action 
for the purposes of judicial review under the Administrative Procedure 
Act (5 U.S.C. 701 et seq.).



Sec.  105-56.010  Deductions.

    (a) When deductions may begin. Deductions may begin upon the 
issuance of an Agency decision on a request for reconsideration or 
waiver (except as provided in Sec.  105-56.005(b) of this subpart) or 
the issuance of a decision in a pre-offset hearing. In no event will 
deductions begin sooner than thirty days from the date of the notice 
letter. If the employee filed a petition for hearing with the 
appropriate program official before the expiration of the period 
provided for in Sec.  105-56.006 of this subpart, then deductions will 
begin after the hearing official has provided the employee with a 
hearing and the final written decision. The appropriate program official 
will coordinate with the National Payroll Center to begin offset in 
accordance with the final written decision.
    (b) Retired or separated employees. If the employee retires, 
resigns, or is terminated before collection of the indebtedness is 
completed, the remaining indebtedness will be offset from any subsequent 
payments of any nature. If the debt cannot be satisfied from subsequent 
payments, then the debt will be collected according to the procedures 
for administrative offset pursuant to Sec.  105-55.011 of this subpart.
    (c) Types of collection. A debt may be collected in one lump sum or 
in installments. Collection will be by lump sum unless the employee is 
able to demonstrate to the program official who signed the notice letter 
that he or she is financially unable to pay in one lump sum. In these 
cases, collection will be by installment deductions. Involuntary 
deductions from pay may not exceed 15 percent of disposable pay.
    (d) Methods of collection. If the debt cannot be collected in one 
lump sum, the debt will be collected by deductions at officially 
established pay intervals from an employee's current pay account, unless 
the employee and the appropriate program official agree to an 
alternative repayment schedule. The alternative arrangement must be in 
writing and signed by both the employee and the appropriate program 
official.
    (1) Installment deductions. Installment deductions will be made over 
the shortest period possible. The size and frequency of installment 
deductions will bear a reasonable relation to the size of the debt and 
the employee's ability to pay. However, the amount deducted for any 
period will not exceed 15 percent of the disposable pay from which the 
deduction is made, unless the employee has agreed in writing to the 
deduction of a greater amount. The installment payment normally will be 
sufficient in size and frequency to liquidate the debt in three (3) 
years or less, unless circumstances warrant a longer period. Installment 
payments of less than $100 per pay period will be accepted only in the 
most unusual circumstances.
    (2) Sources of deductions. GSA will make salary deductions only from 
basic pay, special pay, incentive pay, retired pay, retainer pay, or in 
the case of an employee not entitled to basic pay, other authorized pay.
    (e) Non-Salary payments. The receipt of collections from salary 
offsets does not preclude GSA from pursuing other debt collection 
remedies, including the offset of other Federal payments to satisfy 
delinquent non-tax debt owed to the United States. GSA will pursue, when 
appropriate, such debt collection remedies separately or in conjunction 
with salary offset.
    (f) Interest, penalties and administrative costs. Interest, 
penalties and administrative costs on debts under this subpart will be 
assessed according to the provisions of Sec.  105-55.016 of this 
subpart.

[[Page 479]]



Sec.  105-56.011  Non-waiver of rights.

    An employee's involuntary payment of all or any portion of a debt 
being collected under 5 U.S.C. 5514 will not be construed as a waiver of 
any rights which the employee may have under 5 U.S.C. 5514 or any other 
provision of contract or law unless there are statutory or contractual 
provisions to the contrary.



Sec.  105-56.012  Refunds.

    (a) GSA will promptly refund to the employee any amounts offset 
under these regulations when a debt is waived or otherwise found not 
owing the United States (unless expressly prohibited by statute or 
regulation), or GSA is directed by an administrative or judicial order 
to refund amounts deducted from the employee's current pay or withheld 
from non-salary payments.
    (b) Unless required by Federal law or contract, refunds under this 
subpart will not bear interest.



Sec.  105-56.013  Coordinating offset with another Federal agency.

    GSA participates in the Centralized Salary Offset (CSO) program (see 
subparts B and C of this part). In those instances when CSO cannot be 
utilized (i.e., when another agency does not participate in the 
program), the following procedures apply:
    (a) When GSA is the creditor agency. When GSA is owed a debt by an 
employee of another agency, GSA will provide the paying agency with a 
written certification that the debtor owes GSA a debt and that GSA has 
complied with these regulations. This certification will include the 
amount and basis of the debt, the due date of the payment, or the 
beginning date of installment payments, if any.
    (b) When another agency is the creditor agency. (1) GSA may use 
salary offset against one of its employees or cross-serviced agency 
employees who is indebted to another agency if requested to do so by 
that agency. Any such request must be accompanied by a certification 
from the requesting agency that the person owes the debt, the amount of 
the debt and that the employee has been given the procedural rights 
required by 5 U.S.C. 5514 and 5 CFR part 550, subpart K.
    (2) The creditor agency must advise GSA of the number of 
installments to be collected, the amount of each installment, and the 
beginning date of the first installment if it is not the next 
established pay period.
    (3) If GSA receives an improperly completed request, the creditor 
agency will be requested to supply the required information before any 
salary offset begins.
    (4) If the claim procedures in paragraph (b)(1) of this section have 
been properly completed, deductions will begin on the next established 
pay period unless a different period is requested by the creditor 
agency.
    (5) GSA will not review the merits of the creditor agency's 
determinations with respect to the amount and/or validity of the debt as 
stated in the debt claim certification.
    (6) If the employee begins separation action before GSA collects the 
total debt due the creditor agency, the following actions will be taken:
    (i) When possible, the balance owed the creditor agency will be 
liquidated from subsequent payments of any nature due the employee from 
GSA in accordance with 41 CFR part 105-55.011;
    (ii) If the total amount of the debt cannot be recovered, GSA will 
certify the total amount collected to the creditor agency and the 
employee;
    (iii) If GSA is aware that the employee is entitled to payments from 
the Civil Service Retirement and Disability Fund, or other similar 
payments, such information will be provided to the creditor agency so a 
certified claim can be made against the payments.
    (7) If the employee transfers to another Federal agency before GSA 
collects the total amount due the creditor agency, GSA will certify the 
total amount collected to the creditor agency and the employee. It is 
the responsibility of the creditor agency to ensure that collection 
action is resumed by the new employing agency.

[[Page 480]]



  Subpart B_Centralized Salary Offset (CSO) Procedures_GSA as Creditor 
                                 Agency



Sec.  105-56.014  Purpose and scope.

    (a) This subpart establishes procedures for the offset of Federal 
salary payments, through the Financial Management Service's (FMS) 
administrative offset program, to collect delinquent debts owed to the 
Federal Government. This process is known as centralized salary offset. 
Rules issued by the Office of Personnel Management contain the 
requirements Federal agencies must follow prior to conducting salary 
offset and the procedures for requesting offsets directly from a paying 
agency. See 5 CFR parts 550.1101 through 550.1108.
    (b) This subpart implements the requirement under 5 U.S.C. 5514 
(a)(1) that all Federal agencies, using a process known as centralized 
salary offset computer matching, identify Federal employees who owe 
delinquent non-tax debt to the United States. Centralized salary offset 
computer matching is the computerized comparison of delinquent debt 
records with records of Federal employees. The purpose of centralized 
salary offset computer matching is to identify those debtors whose 
Federal salaries should be offset to collect delinquent debts owed to 
the Federal Government.
    (c) This subpart specifies the delinquent debt records and Federal 
employee records that must be included in the salary offset matching 
process. For purposes of this subpart, delinquent debt records consist 
of the debt information submitted to FMS for purposes of administrative 
offset as required under 31 U.S.C. 3716(c)(6). Since GSA submits debts 
to FMS for purposes of administrative offset, the Agency is not required 
to submit duplicate information for purposes of centralized salary 
offset computer matching under 5 U.S.C. 5514(a)(1) and this subpart.
    (d) An interagency consortium was established to implement 
centralized salary offset computer matching on a Governmentwide basis as 
required under 5 U.S.C. 5514(a)(1). Federal employee records consist of 
records of Federal salary payments disbursed by members of the 
consortium.
    (e) The receipt of collections from salary offsets does not preclude 
GSA from pursuing other debt collection remedies, including the offset 
of other Federal payments to satisfy delinquent non-tax debt owed to the 
United States. GSA will pursue, when appropriate, such debt collection 
remedies separately or in conjunction with salary offset.



Sec.  105-56.015  Definitions.

    The following definitions apply to this subpart:
    (a) Administrative offset means withholding funds payable by the 
United States to, or held by the United States for, a person to satisfy 
a debt owed by the payee.
    (b) Agency means a department, agency or sub-agency, court, court 
administrative office, or instrumentality in the executive, judicial, or 
legislative branch of the Federal government, including government 
corporations.
    (c) Centralized salary offset computer matching means the 
computerized comparison of Federal employee records with delinquent debt 
records to identify Federal employees who owe such debts.
    (d) Consortium means an interagency group established by the 
Secretary of the Treasury to implement centralized salary offset 
computer matching. The group includes all agencies that disburse Federal 
salary payments.
    (e) Creditor agency means any agency that is owed a debt, including 
a debt collection center when acting on behalf of a creditor agency in 
matters pertaining to the collection of a debt.
    (f) Debt means any amount of money, funds, or property that has been 
determined by an appropriate official of the Federal government to be 
owed to the United States by a person, including debt administered by a 
third party acting as an agent for the Federal Government. For purposes 
of this subpart, the term ``debt'' does not include debts arising under 
the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
    (g) Delinquent debt record means information about a past-due, 
legally enforceable debt, submitted by GSA to FMS for purposes of 
administrative offset (including salary offset) in accordance with the 
provisions of 31 U.S.C.

[[Page 481]]

3716(c)(6) and applicable regulations. Debt information includes the 
amount and type of debt and the debtor's name, address, and taxpayer 
identifying number.
    (h) Disbursing official means an officer or employee designated to 
disburse Federal salary payments. This includes all disbursing officials 
of Federal salary payments, including but not limited to, disbursing 
officials of the Department of the Treasury, the Department of Defense, 
the United States Postal Service, any government corporation, and any 
disbursing official of the United States designated by the Secretary.
    (i) Disposable pay means the amount that remains from an employee's 
Federal pay after required deductions for Federal, State and local 
income taxes; Social Security taxes, including Medicare taxes; Federal 
retirement programs, including contributions to the Thrift Savings Plan 
(TSP); premiums for life (excluding amounts deducted for supplemental 
coverage) and health insurance benefits; Internal Revenue Service (IRS) 
tax levies; and such other deductions that are required by law to be 
withheld.
    (j) Federal employee means a current employee of an agency, 
including a current member of the Armed Forces or a Reserve of the Armed 
Forces (Reserves), employees of the United States Postal Service, and 
seasonal and temporary employees.
    (k) Federal employee records means records of Federal salary 
payments that a paying agency has certified to a disbursing official for 
disbursement.
    (l) FMS means the Financial Management Service, a bureau of the 
Department of the Treasury.
    (m) For the purposes of the standards in this subpart, unless 
otherwise stated, the term ``Administrator'' refers to the Administrator 
of General Services or the Administrator's delegate.
    (n) For the purposes of the standards in this subpart, unless 
otherwise stated, the terms ``GSA'' and ``Agency'' are synonymous and 
interchangeable.
    (o) Pay means basic pay, special pay, incentive pay, retired pay, 
retainer pay, or in the case of an individual not entitled to basic pay, 
other authorized pay.
    (p) Paying agency means the agency that employs the Federal employee 
who owes the debt and authorizes the payment of his or her current pay. 
A paying agency also includes an agency that performs payroll services 
on behalf of the employing agency.
    (q) Salary offset means administrative offset to collect a debt owed 
by a Federal employee from the current pay account of the employee.
    (r) Secretary means the Secretary of the Treasury or his or her 
delegate.
    (s) Taxpayer identifying number means the identifying number 
described under section 6109 of the Internal Revenue Code of 1986 (26 
U.S.C. 6109). For an individual, the taxpayer identifying number is the 
individual's social security number.



Sec.  105-56.016  GSA participation.

    (a) As required under 5 U.S.C. 5514(a)(1), GSA must participate at 
least annually in centralized salary offset computer matching. To meet 
this requirement, GSA will notify FMS of all past-due, legally 
enforceable debts delinquent for more than 180 days for purposes of 
administrative offset, as required under 31 U.S.C. 3716(c)(6). 
Additionally, GSA may notify FMS of past-due, legally enforceable debts 
delinquent for less than 180 days for purposes of administrative offset.
    (b) Prior to submitting a debt to FMS for purposes of collection by 
administrative offset, including salary offset, GSA will provide written 
certification to FMS that--
    (1) The debt is past-due and legally enforceable in the amount 
submitted to FMS and that GSA will ensure that collections (other than 
collections through offset) are properly credited to the debt;
    (2) Except in the case of a judgment debt or as otherwise allowed by 
law, the debt is referred for offset within ten years after GSA's right 
of action accrues;
    (3) GSA has complied with the provisions of 31 U.S.C. 3716 
(administrative offset) and related regulations including, but not 
limited to, the provisions requiring that GSA provide the debtor with 
applicable notices and opportunities for a review of the debt; and

[[Page 482]]

    (4) GSA has complied with the provisions of 5 U.S.C. 5514 (salary 
offset) and related regulations including, but not limited to, the 
provisions requiring that GSA provide the debtor with applicable notices 
and opportunities for a hearing.
    (c) FMS may waive the certification requirement set forth in 
paragraph (b)(4) of this section as a prerequisite to submitting the 
debt to FMS. If FMS waives the certification requirement, before an 
offset occurs, GSA will provide the Federal employee with the notices 
and opportunities for a hearing as required by 5 U.S.C. 5514 and 
applicable regulations, and will certify to FMS that the requirements of 
5 U.S.C. 5514 and applicable regulations have been met.
    (d) GSA will notify FMS immediately of any payments credited by GSA 
to the debtor's account, other than credits for amounts collected by 
offset, after submission of the debt to FMS. GSA will notify FMS once 
the debt is paid in its entirety. GSA will also notify FMS immediately 
of any change in the status of the legal enforceability of the debt, for 
example, if the Agency receives notice that the debtor has filed for 
bankruptcy protection.



Sec.  105-56.017  Centralized salary offset computer match.

    (a) Delinquent debt records will be compared with Federal employee 
records maintained by members of the consortium or paying agencies. The 
records will be compared to identify Federal employees who owe 
delinquent debts for purposes of collecting the debt by administrative 
offset. A match will occur when the taxpayer identifying number and name 
of a Federal employee are the same as the taxpayer identifying number 
and name of a debtor.
    (b) As authorized by the provisions of 31 U.S.C. 3716(f), FMS, under 
a delegation of authority from the Secretary, has waived certain 
requirements of the Computer Matching and Privacy Protection Act of 
1988, 5 U.S.C. 552a, as amended, for administrative offset, including 
salary offset, upon written certification by the Administrator, or the 
Administrator's delegate, that the requirements of 31 U.S.C. 3716(a) 
have been met. Specifically, FMS has waived the requirements for a 
computer matching agreement contained in 5 U.S.C. 552a(o) and for post-
match notice and verification contained in 5 U.S.C. 552a(p). GSA will 
provide certification in accordance with the provisions of Sec.  105-
56.016(b)(3) of this subpart.



Sec.  105-56.018  Salary offset.

    When a match occurs and all other requirements for offset have been 
met, as required by the provisions of 31 U.S.C. 3716(c), the disbursing 
official will offset the Federal employee's salary payment to satisfy, 
in whole or part, the debt owed by the employee. Alternatively, the 
paying agency, on behalf of the disbursing official, may deduct the 
amount of the offset from an employee's disposable pay before the 
employee's salary payment is certified to a disbursing official for 
disbursement.



Sec.  105-56.019  Offset amount.

    (a) The minimum dollar amount referred for offset under this subpart 
is $100.
    (b) The amount offset from a salary payment under this subpart will 
be the lesser of--
    (1) The amount of the debt, including any interest, penalties and 
administrative costs; or
    (2) Up to 15 percent of the debtor's disposable pay.
    (c) Alternatively, the amount offset may be an amount agreed upon, 
in writing, by the debtor and GSA.
    (d) Offsets will continue until the debt, including any interest, 
penalties, and administrative costs, is paid in full or otherwise 
resolved to the satisfaction of GSA.



Sec.  105-56.020  Priorities.

    (a) A levy pursuant to the Internal Revenue Code of 1986 (26 U.S.C. 
1 et seq.) takes precedence over other deductions under this subpart.
    (b) When a salary payment may be reduced to collect more than one 
debt, amounts offset under this subpart will be applied to a debt only 
after amounts offset have been applied to satisfy past due child support 
debts assigned to a State pursuant to the Social Security

[[Page 483]]

Act under 42 U.S.C. 602(a)(26) or 671(a)(17).



Sec.  105-56.021  Notice.

    (a) Before offsetting a salary payment, the disbursing official, or 
the paying agency on behalf of the disbursing official, will notify the 
Federal employee in writing of the date deductions from salary will 
commence and of the amount of such deductions.
    (b)(1) When an offset occurs under this subpart, the disbursing 
official, or the paying agency on behalf of the disbursing official, 
will notify the Federal employee in writing that an offset has occurred 
including--
    (i) A description of the payment and the amount of offset taken;
    (ii) The identity of GSA as the creditor agency requesting the 
offset; and
    (iii) A contact point within GSA that will handle concerns regarding 
the offset.
    (2) The information described in paragraphs (b)(1)(ii) and 
(b)(1)(iii) of this section does not need to be provided to the Federal 
employee when the offset occurs if such information was included in a 
prior notice from the disbursing official or paying agency.
    (c) The disbursing official will advise GSA of the names, mailing 
addresses, and taxpayer identifying numbers of the debtors from whom 
amounts of past-due, legally enforceable debt were collected and of the 
amounts collected from each debtor for GSA. The disbursing official will 
not advise GSA of the source of payment from which the amounts were 
collected.



Sec.  105-56.022  Fees.

    Agencies that perform centralized salary offset computer matching 
services may charge a fee sufficient to cover the full cost for such 
services. In addition, FMS, or a paying agency acting on behalf of FMS, 
may charge a fee sufficient to cover the full cost of implementing the 
administrative offset program. FMS may deduct the fees from amounts 
collected by offset or may bill GSA. Fees charged for offset will be 
based on actual administrative offsets completed and may be added to the 
debt as an administrative cost.



Sec.  105-56.023  Disposition of amounts collected.

    (a) The disbursing official conducting the offset will transmit 
amounts collected for debts, less fees charged under Sec.  105-56.022 of 
this subpart, to GSA.
    (b) If an erroneous offset payment is made to GSA, the disbursing 
official will notify GSA that an erroneous offset payment has been made.
    (1) The disbursing official may deduct the amount of the erroneous 
offset payment from future amounts payable to GSA; or
    (2) Alternatively, upon the disbursing official's request, GSA will 
promptly return to the disbursing official or the affected payee an 
amount equal to the amount of the erroneous payment (without regard to 
whether any other amounts payable to GSA have been paid).
    (i) The disbursing official and GSA will adjust the debtor records 
appropriately.
    (ii) Unless required by Federal law or contract, refunds under this 
subpart will not bear interest.



   Subpart C_Centralized Salary Offset (CSO) Procedures_GSA as Paying 
                                 Agency



Sec.  105-56.024  Purpose and scope.

    (a) This subpart establishes procedures for the offset of Federal 
salary payments, through the Financial Management Service's (FMS) 
administrative offset program, to collect delinquent debts owed to the 
Federal Government. This process is known as salary offset. Rules issued 
by the Office of Personnel Management contain the requirements Federal 
agencies must follow prior to conducting salary offset and the 
procedures for requesting offsets directly from a paying agency. See 5 
CFR parts 550.1101 through 550.1108.
    (b) This subpart implements the requirement under 5 U.S.C. 
5514(a)(1) that all Federal agencies, using a process known as 
centralized salary offset computer matching, identify Federal employees 
who owe delinquent non-tax debt to the United States. Centralized salary 
offset computer matching is the computerized comparison of delinquent 
debt records with records of Federal

[[Page 484]]

employees. The purpose of centralized salary offset computer matching is 
to identify those debtors whose Federal salaries should be offset to 
collect delinquent debts owed to the Federal Government.
    (c) This subpart specifies the delinquent debt records and Federal 
employee records that must be included in the salary offset matching 
process. For purposes of this subpart, delinquent debt records consist 
of the debt information submitted to FMS for purposes of administrative 
offset as required under 31 U.S.C. 3716(c)(6).
    (d) An interagency consortium was established to implement 
centralized salary offset computer matching on a Governmentwide basis as 
required under 5 U.S.C. 5514(a)(1). Federal employee records consist of 
records of Federal salary payments disbursed by members of the 
consortium.



Sec.  105-56.025  Definitions.

    The following definitions apply to this subpart:
    (a) Administrative offset means withholding funds payable by the 
United States to, or held by the United States for, a person to satisfy 
a debt owed by the payee.
    (b) Agency means a department, agency or sub-agency, court, court 
administrative office, or instrumentality in the executive, judicial, or 
legislative branch of the Federal Government, including Government 
corporations.
    (c) Centralized salary offset computer matching means the 
computerized comparison of Federal employee records with delinquent debt 
records to identify Federal employees who owe such debts.
    (d) Consortium means an interagency group established by the 
Secretary of the Treasury to implement centralized salary offset 
computer matching. The group includes all agencies that disburse Federal 
salary payments.
    (e) Creditor agency means any agency that is owed a debt, including 
a debt collection center when acting on behalf of a creditor agency in 
matters pertaining to the collection of a debt.
    (f) Cross-serviced agency means an arrangement between GSA and 
another agency whereby GSA provides financial support services to the 
other agency on a reimbursable basis. Financial support services can 
range from simply providing computer and software timesharing services 
to full-service administrative processing.
    (g) Debt means any amount of money, funds, or property that has been 
determined by an appropriate official of the Federal Government to be 
owed to the United States by a person, including debt administered by a 
third party acting as an agent for the Federal Government. For purposes 
of this subpart, the term ``debt'' does not include debts arising under 
the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
    (h) Delinquent debt record means information about a past-due, 
legally enforceable debt, submitted to GSA by FMS for purposes of 
administrative offset (including salary offset) in accordance with the 
provisions of 31 U.S.C. 3716(c)(6) and applicable regulations. Debt 
information includes the amount and type of debt and the debtor's name, 
address, and taxpayer identifying number.
    (i) Disbursing official means an officer or employee designated to 
disburse Federal salary payments. This includes all disbursing officials 
of Federal salary payments, including but not limited to, disbursing 
officials of the Department of the Treasury, the Department of Defense, 
the United States Postal Service, any government corporation, and any 
disbursing official of the United States designated by the Secretary.
    (j) Disposable pay means the amount that remains from an employee's 
Federal pay after required deductions for Federal, State and local 
income taxes; Social Security taxes, including Medicare taxes; Federal 
retirement programs, including contributions to the Thrift Savings Plan 
(TSP); premiums for life (excluding amounts deducted for supplemental 
coverage) and health insurance benefits; Internal Revenue Service (IRS) 
tax levies; and such other deductions that are required by law to be 
withheld.
    (k) Employee means any individual employed by GSA or a cross-
serviced agency of the executive, legislative, or judicial branches of 
the Federal Government, including Government corporations.

[[Page 485]]

    (l) Federal employee records means records of Federal salary 
payments that a paying agency has certified to a disbursing official for 
disbursement.
    (m) FMS means the Financial Management Service, a bureau of the 
Department of the Treasury.
    (n) Pay means basic pay, special pay, incentive pay, retired pay, 
retainer pay, or in the case of an individual not entitled to basic pay, 
other authorized pay.
    (o) Paying agency means the agency that employs the Federal employee 
who owes the debt and authorizes the payment of his or her current pay. 
A paying agency also includes an agency that performs payroll services 
on behalf of the employing agency.
    (p) Salary offset means administrative offset to collect a debt owed 
by a Federal employee from the current pay account of the employee.
    (q) Secretary means the Secretary of the Treasury or his or her 
delegate.
    (r) Taxpayer identifying number means the identifying number 
described under section 6109 of the Internal Revenue Code of 1986 (26 
U.S.C. 6109). For an individual, the taxpayer identifying number is the 
individual's social security number.



Sec.  105-56.026  GSA participation.

    (a) As required under 5 U.S.C. 5514(a)(1), creditor agencies must 
participate at least annually in centralized salary offset computer 
matching. To meet this requirement, creditor agencies will notify FMS of 
all past-due, legally enforceable debts delinquent for more than 180 
days for purposes of administrative offset, as required under 31 U.S.C. 
3716(c)(6). Additionally, creditor agencies may notify FMS of past-due, 
legally enforceable debts delinquent for less than 180 days for purposes 
of administrative offset.
    (b) Prior to submitting a debt to FMS for purposes of collection by 
administrative offset, including salary offset, creditor agencies will 
provide written certification to FMS that--
    (1) The debt is past-due and legally enforceable in the amount 
submitted to FMS and that the creditor agency will ensure that 
collections (other than collections through offset) are properly 
credited to the debt;
    (2) Except in the case of a judgment debt or as otherwise allowed by 
law, the debt is referred for offset within ten years after the creditor 
agency's right of action accrues;
    (3) The creditor agency has complied with the provisions of 31 
U.S.C. 3716 (administrative offset) and related regulations including, 
but not limited to, the provisions requiring the creditor agency to 
provide the debtor with applicable notices and opportunities for a 
review of the debt; and
    (4) The creditor agency has complied with the provisions of 5 U.S.C. 
5514 (salary offset) and related regulations including, but not limited 
to, the provisions requiring the creditor agency to provide the debtor 
with applicable notices and opportunities for a hearing.
    (c) FMS may waive the certification requirement set forth in 
paragraph (b)(4) of this section as a prerequisite to submitting the 
debt to FMS. If FMS waives the certification requirement, before an 
offset occurs, the creditor agency will provide the Federal employee 
with the notices and opportunities for a hearing as required by 5 U.S.C. 
5514 and applicable regulations, and will certify to FMS that the 
requirements of 5 U.S.C. 5514 and applicable regulations have been met.
    (d) The creditor agency will notify FMS immediately of any payments 
credited by the agency to the debtor's account, other than credits for 
amounts collected by offset, after submission of the debt to FMS. The 
creditor agency will notify FMS once the debt is paid in its entirety. 
The creditor agency will also notify FMS immediately of any change in 
the status of the legal enforceability of the debt, for example, if the 
agency receives notice that the debtor has filed for bankruptcy 
protection.



Sec.  105-56.027  Centralized salary offset computer match.

    (a) Delinquent debt records will be compared with Federal employee 
records maintained by members of the consortium or paying agencies. The 
records will be compared to identify Federal employees who owe 
delinquent debts for purposes of collecting the debt by administrative 
offset. A match

[[Page 486]]

will occur when the taxpayer identifying number and name of a Federal 
employee are the same as the taxpayer identifying number and name of a 
debtor.
    (b) As authorized by the provisions of 31 U.S.C. 3716(f), FMS, under 
a delegation of authority from the Secretary, has waived certain 
requirements of the Computer Matching and Privacy Protection Act of 
1988, 5 U.S.C. 552a, as amended, for administrative offset, including 
salary offset, upon written certification by the creditor agency, that 
the requirements of 31 U.S.C. 3716(a) have been met. Specifically, FMS 
has waived the requirements for a computer matching agreement contained 
in 5 U.S.C. 552a(o) and for post-match notice and verification contained 
in 5 U.S.C. 552a(p).



Sec.  105-56.028  Salary offset.

    When a match occurs and all other requirements for offset have been 
met, as required by the provisions of 31 U.S.C. 3716(c), the disbursing 
official will offset the GSA employee's or cross-serviced agency 
employee's salary payment to satisfy, in whole or part, the debt owed by 
the employee. Alternatively, the GSA National Payroll Center, serving as 
the paying agency, on behalf of the disbursing official, may deduct the 
amount of the offset from an employee's disposable pay before the 
employee's salary payment is certified to a disbursing official for 
disbursement.



Sec.  105-56.029  Offset amount.

    (a) The minimum dollar amount of salary offset under this subpart is 
$100.
    (b) The amount offset from a salary payment under this subpart will 
be the lesser of--
    (1) The amount of the debt, including any interest, penalties and 
administrative costs; or
    (2) Up to 15 percent of the debtor's disposable pay.
    (c) Alternatively, the amount offset may be an amount agreed upon, 
in writing, by the debtor and the creditor agency.
    (d) Offsets will continue until the debt, including any interest, 
penalties, and administrative costs, is paid in full or otherwise 
resolved to the satisfaction of the creditor agency.



Sec.  105-56.030  Priorities.

    GSA, acting as the paying agency, on behalf of the disbursing 
official, will apply the order of precedence when processing debts 
identified by the centralized salary offset computer match program as 
follows:
    (a) A levy pursuant to the Internal Revenue Code of 1986 (26 U.S.C. 
1 et seq.) takes precedence over other deductions under this subpart.
    (b) When a salary payment may be reduced to collect more than one 
debt, amounts offset under this subpart will be applied to a debt only 
after amounts offset have been applied to satisfy past due child support 
debts assigned to a State pursuant to the Social Security Act under 42 
U.S.C. 602(a)(26) or 671(a)(17).



Sec.  105-56.031  Notice.

    (a) The disbursing official will provide GSA an electronic list of 
the names, mailing addresses, and taxpayer identifying numbers of the 
debtors from whom amounts of past-due, legally enforceable debt are due 
other Federal agencies. The disbursing official will identify the 
creditor agency name and a point of contact that will handle concerns 
regarding the debt.
    (b) Before offsetting a salary payment, the GSA National Payroll 
Center, acting as the paying agency on behalf of the disbursing 
official, will notify the debtor in writing of the date deductions from 
salary will commence and of the amount of such deductions.
    (c)(1) When an offset occurs under this subpart, the disbursing 
official, or the GSA National Payroll Center on behalf of the disbursing 
official, will notify the debtor in writing that an offset has occurred 
including--
    (i) A description of the payment and the amount of offset taken;
    (ii) The identity of the creditor agency identified by the 
disbursing official requesting the offset; and
    (iii) A contact point at the creditor agency identified by the 
disbursing official that will handle concerns regarding the offset.
    (2) The information described in paragraphs (c)(1)(ii) and 
(c)(1)(iii) of

[[Page 487]]

this section does not need to be provided to the debtor when the offset 
occurs if such information was included in a prior notice from the 
disbursing official or the creditor agency.



Sec.  105-56.032  Fees.

    GSA, while performing centralized salary offset computer matching 
services, may charge a fee sufficient to cover the full cost for such 
services. In addition, FMS, or GSA acting as the paying agency on behalf 
of FMS, may charge a fee sufficient to cover the full cost of 
implementing the administrative offset program. FMS may deduct the fees 
from amounts collected by offset or may bill the creditor agency. Fees 
charged for offset will be based on actual administrative offsets 
completed.



Sec.  105-56.033  Disposition of amounts collected.

    (a) The disbursing official conducting the offset will transmit 
amounts collected for debts, less fees charged under Sec.  105-56.032 of 
this subpart, to the creditor agency.
    (b) If an erroneous offset payment is made to the creditor agency, 
the disbursing official will notify the creditor agency that an 
erroneous offset payment has been made.
    (1) The disbursing official may deduct the amount of the erroneous 
offset payment from future amounts payable to the creditor agency; or
    (2) Alternatively, upon the disbursing official's request, the 
creditor agency will promptly return to the disbursing official or the 
affected payee an amount equal to the amount of the erroneous payment 
(without regard to whether any other amounts payable to the creditor 
agency have been paid). The disbursing official and the creditor agency 
will adjust the debtor records appropriately.



PART 105	57_ADMINISTRATION WAGE GARNISHMENT--Table of Contents



Sec.
105-57.001 Purpose, authority and scope.
105-57.002 Definitions.
105-57.003 General rule.
105-57.004 Notice requirements.
105-57.005 Hearing.
105-57.006 Wage garnishment order.
105-57.007 Certification by employer.
105-57.008 Amounts withheld.
105-57.009 Exclusions from garnishment.
105-57.010 Financial hardship.
105-57.011 Ending garnishment.
105-57.012 Actions prohibited by the employer.
105-57.013 Refunds.
105-57.014 Right of action.

    Authority: 5 U.S.C. 552-553, 31 U.S.C. 3720D, 31 CFR 285.11.

    Source: 68 FR 68761, Dec. 10, 2003, unless otherwise noted.



Sec.  105-57.001  Purpose, authority and scope.

    (a) This part provides standards and procedures for GSA to collect 
money from a debtor's disposable pay by means of administrative wage 
garnishment to satisfy delinquent non-tax debt owed to the United 
States.
    (b) These standards and procedures are authorized under the wage 
garnishment provisions of the Debt Collection Improvement Act of 1996, 
codified at 31 U.S.C. 3720D, and Department of the Treasury Wage 
Garnishment Regulations at 31 CFR 285.11.
    (c) Scope. (1) This part applies to any GSA program that gives rise 
to a delinquent non-tax debt owed to the United States and that pursues 
recovery of such debt.
    (2) This part will apply notwithstanding any provision of State law.
    (3) Nothing in this part precludes the compromise of a debt or the 
suspension or termination of collection action in accordance with 
applicable law. See, for example, the Federal Claims Collection 
Standards (FCCS), 31 CFR parts 900 through 904.
    (4) The receipt of payments pursuant to this part does not preclude 
GSA from pursuing other debt collection remedies, including the offset 
of Federal payments to satisfy delinquent non-tax debt owed to the 
United States.
    GSA may pursue such debt collection remedies separately or in 
conjunction with administrative wage garnishment.
    (5) This part does not apply to the collection of delinquent non-tax 
debt owed to the United States from the wages of Federal employees from 
their Federal employment. Federal pay is subject to the Federal salary 
offset procedures set forth in 5 U.S.C. 5514 and

[[Page 488]]

other applicable laws. GSA standards and procedures for offsetting 
Federal wage payments are stated in 41 CFR part 105-56.
    (6) Nothing in this part requires GSA to duplicate notices or 
administrative proceedings required by contract or other laws or 
regulations.



Sec.  105-57.002  Definitions.

    (a) Administrative offset, as defined in 31 U.S.C. 3701(a)(1), means 
withholding funds payable by the United States (including funds payable 
by the United States on behalf of a State government) to, or held by the 
United States for, a person to satisfy a claim.
    (b) Business day means Monday through Friday, excluding Federal 
legal holidays. For purposes of computation, the last day of the period 
will be included unless it is a Federal legal holiday.
    (c) Day means calendar day. For purposes of computation, the last 
day of the period will be included unless it is a Saturday, a Sunday, or 
a Federal legal holiday.
    (d) Debtor means an individual who owes a delinquent non-tax debt to 
the United States.
    (e) ``Delinquent'' or ``past-due'' non-tax debt means any non-tax 
debt that has not been paid by the date specified in GSA's initial 
written demand for payment or applicable agreement or instrument 
(including a post-delinquency payment agreement), unless other 
satisfactory payment arrangements have been made.
    (f) Disposable pay means that part of the debtor's compensation 
(including, but not limited to, salary, bonuses, commissions, and 
vacation pay) from an employer remaining after the deduction of health 
insurance premiums and any amounts required by law to be withheld. For 
purposes of this part, ``amounts required by law to be withheld'' 
include amounts for deductions such as social security taxes and 
withholding taxes, but do not include any amount withheld pursuant to a 
court order.
    (g) Employer means a person or entity that employs the services of 
others and that pays their wages or salaries. The term employer 
includes, but is not limited to, State and local Governments, but does 
not include an agency of the Federal Government as defined by 31 CFR 
285.11(c).
    (h) Evidence of service means information retained by GSA indicating 
the nature of the document to which it pertains, the date of submission 
of the document, and to whom the document is being submitted. Evidence 
of service may be retained electronically or otherwise, so long as the 
manner of retention is sufficient for evidentiary purposes.
    (i) Financial hardship means an inability to meet basic living 
expenses for goods and services necessary for the survival of the debtor 
and his or her spouse and dependents. See Sec.  105-57.010 of this part.
    (j) For the purposes of the standards in this part, unless otherwise 
stated, the term ``Administrator'' refers to the Administrator of 
General Services or the Administrator's delegate.
    (k) For the purposes of the standards in this part, the terms 
``claim'' and ``debt'' are synonymous and interchangeable.
    They refer to an amount of money, funds, or property that has been 
determined by GSA to be due the United States from any person, 
organization, or entity, except another Federal agency, from sources 
which include loans insured or guaranteed by the United States and all 
other amounts due the United States from fees, leases, rents, royalties, 
services, sales of real or personal property, overpayments, penalties, 
damages, interest, fines and forfeitures and all other similar sources, 
including debt administered by a third party as an agent for the Federal 
Government. For the purposes of administrative offset under 31 U.S.C. 
3716, the terms ``claim'' and ``debt'' include an amount of money, 
funds, or property owed by a person to a State (including past-due 
support being enforced by a State), the District of Columbia, American 
Samoa, Guam, the United States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, or the Commonwealth of Puerto Rico.
    (l) For the purposes of the standards in this part, unless otherwise 
stated, the terms ``GSA'' and ``Agency'' are synonymous and 
interchangeable.

[[Page 489]]

    (m) For the purposes of the standards in this part, unless otherwise 
stated, ``Secretary'' means the Secretary of the Treasury or the 
Secretary's delegate.
    (n) Garnishment means the process of withholding amounts from an 
employee's disposable pay and the paying of those amounts to GSA in 
satisfaction of a withholding order.
    (o) Hearing means a review of the documentary evidence concerning 
the existence and/or amount of a debt, and/or the terms of a repayment 
schedule, provided such repayment schedule is established other than by 
a written agreement entered into pursuant to this part. If the hearing 
official determines that the issues in dispute cannot be resolved solely 
by review of the written record, such as when the validity of the debt 
turns on the issue of credibility or veracity, an oral hearing may be 
provided.
    (p) Hearing official means a Board Judge of the Civilian Board of 
Contract Appeals (CBCA).
    (q) Withholding order means ``Wage Garnishment Order (SF 329B)'', 
issued by GSA. For purposes of this part, the terms ``wage garnishment 
order'' and ``garnishment order'' have the same meaning as ``withholding 
order.''
    (r) In this part, words in the plural form shall include the 
singular and vice versa, and words signifying the masculine gender shall 
include the feminine and vice versa. The terms ``includes'' and 
``including'' do not exclude matters not listed but do include matters 
that are in the same general class.

[68 FR 68761, Dec. 10, 2003, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-57.003  General rule.

    Whenever GSA determines a delinquent debt is owed by an individual, 
the Agency may initiate administrative proceedings to garnish the wages 
of the delinquent debtor.



Sec.  105-57.004  Notice requirements.

    (a) At least 30 days before the initiation of garnishment 
proceedings, GSA will send, by first class mail, overnight delivery 
service, or hand delivery to the debtor's last known address a written 
notice informing the debtor of--
    (1) The nature and amount of the debt;
    (2) The intention of GSA to initiate proceedings to collect the debt 
through deductions from pay until the debt and all accumulated interest, 
penalties and administrative costs are paid in full; and
    (3) The debtor's rights, including those set forth in paragraph (b) 
of this section, and the time frame within which the debtor may exercise 
his or her rights.
    (b) The debtor will be afforded the opportunity--
    (1) To inspect and copy Agency records related to the debt;
    (2) To enter into a written repayment agreement with GSA under terms 
agreeable to the Agency; and
    (3) To request a hearing in accordance with Sec.  105-57.005 of this 
part concerning the existence and/or amount of the debt, and/or the 
terms of the proposed repayment schedule under the garnishment order. 
However, the debtor is not entitled to a hearing concerning the terms of 
the proposed repayment schedule if these terms have been established by 
written agreement under paragraph (b)(2) of this section.
    (c) The notice required by this section may be included with GSA's 
demand letter required by 41 CFR 105-55.010.
    (d) GSA will keep a copy of the evidence of service indicating the 
date of submission of the notice. The evidence of service may be 
retained electronically so long as the manner of retention is sufficient 
for evidentiary purposes.



Sec.  105-57.005  Hearing.

    (a) GSA will provide a hearing, which at the hearing official's 
option may be oral or written, if within fifteen (15) business days of 
submission of the notice by GSA, the debtor submits a signed and dated 
written request for a hearing, to the official named in the notice, 
concerning the existence and/or amount of the debt, and/or the terms of 
the repayment schedule (for repayment schedules established other than 
by written agreement under Sec.  105-57.004(b)(2) of this part). A copy 
of the request for a hearing must also be sent

[[Page 490]]

to the Civilian Board of Contract Appeals (CBCA) at 1800 F Street NW., 
Washington, DC 20405.
    (b) Types of hearing or review. (1) For purposes of this section, 
whenever GSA is required to afford a debtor a hearing, the hearing 
official will provide the debtor with a reasonable opportunity for an 
oral hearing when he/she determines that the issues in dispute cannot be 
resolved by review of the documentary evidence, for example, when the 
validity of the claim turns on the issue of credibility or veracity.
    (2) If the hearing official determines that an oral hearing is 
appropriate, he/she will establish the time and location of the hearing. 
An oral hearing may, at the debtor's option, be conducted either in-
person or by telephone conference. In-person hearings will be conducted 
in the hearing official's office located at 1800 M Street NW., 6th 
Floor, Washington, DC 20036, or at another location designated by the 
hearing official. All personal and travel expenses incurred by the 
debtor in connection with an in-person hearing will be borne by the 
debtor. All telephonic charges incurred during a hearing will be the 
responsibility of GSA.
    (3) The debtor may represent himself or herself or may be 
represented by another person of his or her choice at the hearing. GSA 
will not compensate the debtor for representation expenses, including 
hourly fees for attorneys, travel expenses, or costs for reproducing 
documents.
    (4) In those cases when an oral hearing is not required by this 
section, the hearing official will nevertheless conduct a ``paper 
hearing'', that is, the hearing official will decide the issues in 
dispute based upon a review of the written record. The hearing official 
will establish a reasonable deadline for the submission of evidence.
    (c) Subject to paragraph (k) of this section, if the debtor's 
written request is received by GSA on or before the 15th business day 
after the submission of the notice described in Sec.  105-57.004(a) of 
this part, the Agency will not issue a withholding order under Sec.  
105-57.006 of this part until the debtor has been provided the requested 
hearing and a decision in accordance with paragraphs (h) and (i) of this 
section has been rendered.
    (d) If the debtor's written request for a hearing is received by GSA 
after the 15th business day following the mailing of the notice 
described in Sec.  105-57.004(a) of this part, GSA may consider the 
request timely filed and provide a hearing if the debtor can show that 
the delay was because of circumstances beyond his or her control. 
However, GSA will not delay issuance of a withholding order unless the 
Agency determines that the delay in filing the request was caused by 
factors over which the debtor had no control, or GSA receives 
information that the Agency believes justifies a delay or cancellation 
of the withholding order.
    (e) After the debtor requests a hearing, the hearing official will 
notify the debtor of--
    (1) The date and time of a telephonic hearing;
    (2) The date, time, and location of an in-person oral hearing; or
    (3) The deadline for the submission of evidence for a written 
hearing.
    (f) Burden of proof. (1) GSA will have the burden of establishing 
the existence and/or amount of the debt.
    (2) Thereafter, if the debtor disputes the existence and/or amount 
of the debt, the debtor must prove by a preponderance of the evidence 
that no debt exists or that the amount of the debt is incorrect. In 
addition, the debtor may present evidence that the terms of the 
repayment schedule are unlawful, would cause a financial hardship to the 
debtor, or that collection of the debt may not be pursued due to 
operation of law.
    (g) The hearing official will arrange and maintain a written 
transcript of any hearing provided under this section. The transcript 
will be made available to either party in the event of an appeal under 
the Administrative Procedure Act, 5 U.S.C. 701 through 706. All charges 
associated with the taking of the transcript will be the responsibility 
of GSA. A hearing is not required to be a formal evidentiary-type 
hearing; however, witnesses who testify in oral hearings will do so 
under oath or affirmation.

[[Page 491]]

    (h) The hearing official will issue a written opinion stating his or 
her decision, as soon as practicable, but not later than sixty (60) days 
after the date on which the request for such hearing was received by 
GSA. If the hearing official is unable to provide the debtor with a 
hearing and render a decision within 60 days after the receipt of the 
request for such hearing--
    (1) GSA will not issue a withholding order until the hearing is held 
and a decision rendered; or
    (2) If GSA had previously issued a withholding order to the debtor's 
employer, the Agency will suspend the withholding order beginning on the 
61st day after the receipt of the hearing request and continuing until a 
hearing is held and a decision is rendered.
    (i) The written decision will include--
    (1) A summary of the facts presented;
    (2) The hearing official's findings, analysis and conclusions; and
    (3) The terms of any repayment schedules, if applicable.
    (j) The hearing official's decision will be the final Agency action 
for the purposes of judicial review under the Administrative Procedure 
Act (5 U.S.C. 701 et seq.).
    (k) In the absence of good cause shown, a debtor who fails to appear 
at a hearing scheduled pursuant to paragraph (e) of this section, or to 
provide written submissions within the time set by the hearing official, 
will be deemed to have waived his or her right to appear and present 
evidence.

[68 FR 68761, Dec. 10, 2003, as amended at 78 FR 29247, May 20, 2013]



Sec.  105-57.006  Wage garnishment order.

    (a) Unless GSA receives information it believes justifies a delay or 
cancellation of the withholding order, the Agency will send, by first 
class mail, overnight delivery service or hand delivery, a SF 329A 
(Letter to Employer & Important Notice to Employer), a SF 329B (Wage 
Garnishment Order), a SF 329C (Wage Garnishment Worksheet), and a SF 
329D (Employer Certification), to the debtor's employer--
    (1) Within 30 days after the debtor fails to make a timely request 
for a hearing (i.e., within 15 business days after the mailing of the 
notice described in Sec.  105-57.004(a) of this part); or
    (2) If a timely request for a hearing is made by the debtor, within 
30 days after a final decision is made by the hearing official to 
proceed with garnishment.
    (b) The withholding order sent to the employer under paragraph (a) 
of this section will contain the signature of, or the image of the 
signature of, the Administrator or his or her delegate. The order will 
contain only the information necessary for the employer to comply with 
the withholding order. Such information includes the debtor's name, 
address, and social security number, as well as instructions for 
withholding and information as to where payments are to be sent.
    (c) GSA will retain a copy of the evidence of service indicating the 
date of submission of the order. The evidence of service may be retained 
electronically so long as the manner of retention is sufficient for 
evidentiary purposes.



Sec.  105-57.007  Certification by employer.

    The employer must complete and return the SF 329D (Employer 
Certification) to GSA within the time frame prescribed in the 
instructions to the form. The certification will address matters such as 
information about the debtor's employment status and disposable pay 
available for withholding.



Sec.  105-57.008  Amounts withheld.

    (a) After receipt of the garnishment order issued under this part, 
the employer shall deduct from all disposable pay paid to the applicable 
debtor during each pay period the amount of garnishment described in 
paragraph (b) of this section. The employer may use the SF 329C (Wage 
Garnishment Worksheet) to calculate the amount to be deducted from the 
debtor's disposable pay.
    (b) Subject to the provisions of paragraphs (c) and (d) of this 
section, the amount of garnishment will be the lesser of--
    (1) The amount indicated on the garnishment order up to 15 percent 
of the debtor's disposable pay; or

[[Page 492]]

    (2) The amount set forth in 15 U.S.C. 1673(a)(2) (Restriction on 
Garnishment), which is the amount by which a debtor's disposable pay 
exceeds an amount equivalent to thirty times the minimum wage. See 29 
CFR 870.10.
    (c) When a debtor's pay is subject to withholding orders with 
priority, the following will apply:
    (1) Unless otherwise provided by Federal law, withholding orders 
issued under this part will be paid in the amounts set forth under 
paragraph (b) of this section and will have priority over other 
withholding orders which are served later in time. Notwithstanding the 
foregoing, withholding orders for family support will have priority over 
withholding orders issued under this part.
    (2) If amounts are being withheld from a debtor's pay pursuant to a 
withholding order served on an employer before a withholding order 
issued pursuant to this part, or if a withholding order for family 
support is served on an employer at any time, the amounts withheld 
pursuant to the withholding order issued under this part will be the 
lesser of--
    (i) The amount calculated under paragraph (b) of this section; or
    (ii) An amount equal to 25 percent of the debtor's disposable pay 
less the amount(s) withheld under the withholding order(s) with 
priority.
    (3) If a debtor owes more than one debt to GSA, the Agency may issue 
multiple withholding orders provided the total amount garnished from the 
debtor's pay for such orders does not exceed the amount set forth in 
paragraph (b) of this section.
    (d) An amount greater than that set forth in paragraphs (b) and (c) 
of this section may be withheld upon the written consent of the debtor.
    (e) The employer shall promptly pay to GSA all amounts withheld in 
accordance with the withholding order issued pursuant to this part.
    (f) An employer will not be required to vary its normal pay and 
disbursement cycles in order to comply with the withholding order.
    (g) Any assignment or allotment by an employee of his or her 
earnings will be void to the extent it interferes with or prohibits 
execution of the withholding order issued under this part, except for 
any assignment or allotment made pursuant to a family support judgment 
or order.
    (h) The employer will withhold the appropriate amount from the 
debtor's wages for each pay period until the employer receives 
notification from GSA to discontinue wage withholding. The garnishment 
order will indicate a reasonable period of time within which the 
employer is required to commence wage withholding, usually the first 
payday after the employer receives the order. However, if the first 
payday is within ten (10) days after the receipt of the garnishment 
order, the employer may begin deductions on the second payday.
    (i) Payments received through a wage garnishment order will be 
applied in the following order:
    (1) To outstanding penalties.
    (2) To administrative costs incurred by GSA to collect the debt.
    (3) To interest accrued on the debt at the rate established by the 
terms of the obligation under which it arose or by applicable law.
    (4) To outstanding principal.



Sec.  105-57.009  Exclusions from garnishment.

    GSA will not garnish the wages of a debtor who it knows has been 
involuntarily separated from employment until the debtor has been 
reemployed continuously for at least 12 months. The debtor has the 
burden of informing GSA of the circumstances surrounding an involuntary 
separation from employment.



Sec.  105-57.010  Financial hardship.

    (a) A debtor whose wages are subject to a wage withholding order 
under this part, may, at any time, request a review by GSA of the amount 
garnished, based on materially changed circumstances such as disability, 
divorce, or catastrophic illness which result in financial hardship.
    (b) A debtor requesting a review under paragraph (a) of this section 
shall submit the basis for claiming the current amount of garnishment 
results in a financial hardship to the debtor, along with supporting 
documentation.

[[Page 493]]

    (c) If a financial hardship is found, GSA will downwardly adjust, by 
an amount and for a period of time agreeable to the Agency, the amount 
garnished to reflect the debtor's financial condition. GSA will notify 
the employer of any adjustments to the amounts to be withheld.



Sec.  105-57.011  Ending garnishment.

    (a) Once GSA has fully recovered the amounts owed by the debtor, 
including interest, penalties, and administrative costs consistent with 
the FCCS, the Agency will send the debtor's employer notification to 
discontinue wage withholding.
    (b) At least annually, GSA will review its debtors' accounts to 
ensure that garnishment has been terminated for accounts that have been 
paid in full.



Sec.  105-57.012  Actions prohibited by the employer.

    An employer may not discharge, refuse to employ, or take 
disciplinary action against the debtor due to the issuance of a 
withholding order under this part. See 31 U.S.C. 3720D(e).



Sec.  105-57.013  Refunds.

    (a) If a hearing official, at a hearing held pursuant to Sec.  105-
57.005 of this part, determines that a debt is not legally due and owing 
to the United States, GSA will promptly refund any amount collected by 
means of administrative wage garnishment.
    (b) Unless required by Federal law or contract, refunds under this 
part will not bear interest.



Sec.  105-57.014  Right of action.

    GSA may sue any employer for any amount that the employer fails to 
withhold from wages owed and payable to an employee in accordance with 
Sec. Sec.  105-057.006 and 105-57.008 of this part, plus attorney's 
fees, costs, and if applicable, punitive damages. However, a suit may 
not be filed before the termination of the collection action involving a 
particular debtor, unless earlier filing is necessary to avoid 
expiration of any applicable statute of limitations period. For purposes 
of this part, ``termination of the collection action'' occurs when GSA 
has terminated collection action in accordance with the FCCS or other 
applicable standards. In any event, termination of the collection action 
will have been deemed to occur if GSA has not received any payments to 
satisfy the debt from the particular debtor whose wages were subject to 
garnishment, in whole or in part, for a period of one (1) year.



PART 105	60_PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL
MATERALS--Table of Contents



                        Subpart A_General Policy

Sec.
105-60.000 Scope of part.
105-60.001 General policy.

                     Subpart B_Proactive Disclosures

105-60.100 Public availability of information.

               Subpart C_Requirements for Making Requests

105-60.200 Making a request.
105-60.201 Description of records sought.

                    Subpart D_Responding to Requests

105-60.300 Responsibility for responding to FOIA requests.
105-60.301 Acknowledging FOIA requests.
105-60.302 Responding to FOIA requests.
105-60.303 Consultation, referral, and coordination.
105-60.304 Time requirements to respond to FOIA requests.
105.60.305 Unusual circumstances.
105.60.306 Expedited processing.

                Subpart E_Acknowledging the FOIA Request

105-60.400 Applying FOIA exemptions.

              Subpart F_Final Responses to the FOIA Request

105-60.500 Final response procedures and rules.

         Subpart G_Handling Confidential Commercial Information

105-60.600 Procedural and lawful considerations.
105-60.601 Submitter's opportunity to object to disclosure.

                            Subpart I_Appeals

105-60.700 Submitting an appeal.

[[Page 494]]

105-60.701 Adjudication of appeals.
105-60.702 Requirements to preserve FOIA records.

                             Subpart J_Fees

105-60.800 General provisions.
105-60.801 Definitions pertaining to fee assessments.
105-60.802 Fees to be charged.
105-60.803 Restrictions on charging fees.
105-60.804 Fee schedule.
105-60.805 Anticipated fees.
105-60.806 Advanced payments.
105-60.807 Fee waivers and fee reductions.

                   Subpart K_Other Rights and Services

105-60.900 Coda.

Subpart L_Production or Disclosure by Present or Former General Services 
Administration Employees in Response to Subpoenas or Similar Demands in 
                 Judicial or Administrative Proceedings

105-60.1001 Purpose and scope of subpart.
105-60.1002 Definitions.
105-60.1003 Acceptance of service of a subpoena duces tecum or other 
          legal demand on behalf of the General Services Administration.
105-60.1004 Production or disclosure prohibited unless approved by the 
          Appropriate Authority.
105-60.1005 Procedure in the event of a demand for production or 
          disclosure.
105-60.1006 Procedure where response to demand is required prior to 
          receiving instructions.
105-60.1007 Procedure in the event of an adverse ruling.
105-60.1008 Fees, expenses, and costs.

    Authority: 5 U.S.C. 301 and 552; 40 U.S.C. 486(c).

    Source: 85 FR 5138, Jan. 29, 2020, unless otherwise noted.



                        Subpart A_General Policy



Sec.  105-60.000  Scope of part.

    This part contains the rules that the U.S. General Services 
Administration, hereinafter GSA, follows in processing requests for 
records under the Freedom of Information Act (``FOIA''), 5 U.S.C. 552. 
The rules in this part should be read in conjunction with the text of 
the FOIA and the Uniform Freedom of Information Fee Schedule and 
Guidelines published by the Office of Management and Budget (``OMB 
Guidelines''). Requests made by individuals for records about themselves 
under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in 
accordance with Privacy Act regulations as well as under this part.



Sec.  105.60.001  General policy.

    (a) In compliance with the Freedom of Information Act (FOIA), as 
amended 5 U.S.C. 552, a positive and continuing obligation exists for 
GSA to make available to the fullest extent practicable upon request by 
members of the public, all records and informational materials that are 
generated, maintained, and controlled by GSA.
    (b) This subpart also covers exemptions from disclosure of these 
records; procedures for the public to inspect or obtain copies of GSA 
records.
    (c) The regulations promulgated in this subpart are consistent with 
amendments to 5 U.S.C. 552a as well as other applicable Federal laws 
germane to disclosure of information to the public.
    (d) This subpart applies to all GSA organizations, portfolios, 
business lines, regional offices and components. The aforementioned 
units may establish additional rules for processing FOIA requests due to 
unique program requirements; however, such rules shall be consistent 
with these rules and have the concurrence of the GSA Administrator and 
GSA Chief FOIA Officer.
    (e) Any internal GSA policies or procedures inconsistent with the 
policies and procedures promulgated in this subpart are superseded by 
this subpart to the extent of that inconsistency.
    (f) This subpart does not entitle any person to any service or to 
the disclosure of any GSA records that are not required to be disclosed 
under the FOIA.



                     Subpart B_Proactive Disclosures



Sec.  105-60.100  Public availability of information.

    Records that FOIA in 5 U.S. Code section 552(a)(2) requires GSA to 
make available for public inspection in an electronic format can be 
accessed via GSA's website at www.gsa.gov. Additionally, the GSA FOIA 
Reading Room, and the FOIA Online System. GSA is responsible for 
determining which of its records shall be made publicly

[[Page 495]]

available, for identifying additional records of interest to the public 
that are appropriate for public disclosure, and for posting and indexing 
such records. These records shall be made available electronically via 
the GSA FOIA Reading Room. GSA shall ensure that its online FOIA Library 
of posted records and indices is reviewed and updated on an ongoing 
basis. GSA maintains a FOIA Requester Service Center, the office that 
oversees FOIA requests for all of GSA, and a FOIA Public Liaison to 
assist individuals in locating records particular to an agency. A list 
of agency FOIA Public Liaisons is available at: http://www.foia.gov/.



               Subpart C_Requirements for Making Requests



Sec.  105-60.200  Making a request.

    (a) To make a request for GSA records, a requester shall file their 
request to the GSA FOIA Requester Service Center via one of the 
following, via the FOIAonline website: (https://foiaonline.gov/
foiaonline/action/public/home). From FOIAonline you can submit FOIA 
requests to GSA and other participating FOIAonline agencies, track the 
status of requests, search for requests submitted by others, access 
previously released records, and generate agency-specific FOIA 
processing reports.
    (b) If it is not reasonably possible for a requester to submit an 
electronic request via FOIAonline, the requester shall submit their 
request via U.S. Mail to the following address: GSA FOIA Requester 
Service Center (H3), Room 7308, 1800 F Street NW, Washington, DC 20405. 
Fax: 202-501-2727. Alternatively, a FOIA requester may email its FOIA 
request to [email protected] (Subject: FOIA Request via Email).
    (c) FOIA request description requirements:
    (1) The requester shall provide the following items of contact 
information when submitting a request to GSA:
    (i) Full name with honorific (Mr., Ms., Mrs., Dr., etc.);
    (ii) Complete mailing address; and
    (iii) Telephone number.
    (2) This requirement is applicable to both FOIA requests submitted 
electronically and via U.S. mail, respectively.
    (3) Although it is not a mandatory requirement, GSA also recommends 
the requester provide a personal/business email address for remittance 
as well.
    (d) A requester who is making a request for records about himself or 
herself shall comply with the verification of identity requirements as 
specified in paragraph (e) of this section.
    (e) Where a request for records pertains to another individual, a 
requester may receive access to the requested records by submitting: 
Either a notarized authorization signed by the individual permitting 
that he or she explicitly grants access to the requested records 
pursuant to the requirements set forth in 28 U.S.C. 1746 or by 
submitting proof that the individual is deceased (e.g., a copy of a 
death certificate or an obituary). As an exercise of administrative 
discretion, GSA can require a requester to supply additional information 
such as a Certification of Identity Form in order to sufficiently verify 
the individual submitting the request and/or also verify that a 
particular individual has consented to disclosure.



Sec.  105-60.201  Description of records sought.

    (a) Requesters shall describe the records sought in sufficient 
detail to enable GSA personnel to locate them with a reasonable amount 
of effort. To the extent possible, requesters should include the 
following information in their FOIA request, which may help GSA identify 
the requested records the date/timeframe the requested information was 
created or occurred, title or name, author, recipient, subject matter of 
the record, case number, file designation, contract number, leasing 
identification number, or reference number and if known, the component 
of GSA housing the records.
    (b) Before submitting a FOIA request, requesters may contact the GSA 
FOIA Requester Service Center or GSA FOIA Public Liaison to discuss the 
records they seek and to receive assistance in describing the records. 
If after receiving a request, GSA determines that it does not reasonably 
describe

[[Page 496]]

the records sought, GSA shall inform the requester what additional 
information is needed or why the request is otherwise insufficient. 
Requesters who are attempting to reformulate or modify such a request 
may discuss their request with their assigned Government Information 
Specialist or FOIA Public Liaison. If a request does not reasonably 
describe the records sought, GSA's response to the request may be 
delayed.
    (c) In order to efficiently respond to FOIA requests within the 
required 20-business-day timeframe per 5 U.S.C. 552(a)(6)(A), GSA may 
close an unperfected request 10 business days after GSA notifies the 
requester of the information needed to perfect the request. If the 
request does not reasonably describe the records sought, it is 
unperfected. A perfected FOIA request is a FOIA request for records that 
adequately describes the records sought, is made in accordance with 
GSA's regulations, has been received by the GSA FOIA Requester Service 
center, and for which there is no remaining question about the payment 
or amount of applicable fees.
    (d) Requesters may specify whether they prefer to receive paper 
copies of the records or receive the records electronically. GSA shall 
accommodate the request if the record is readily reproducible in the 
requested form.



                    Subpart D_Responding to Requests



Sec.  105-60.300  Responsibility for responding to FOIA requests.

    (a) The GSA FOIA Requester Service Center is responsible for 
managing all requests for records submitted to GSA from initial receipt 
of the FOIA request through the agency's final decision to release in 
whole or in part, or withhold the requested records.
    (b) Upon receiving a request for records, the GSA FOIA Requester 
Service Center shall determine whether the requested records reside 
within GSA. If GSA does not have ownership of the requested records, the 
GSA FOIA Requester Service Center shall make a good faith effort to 
redirect the requester to the appropriate record location or/entity that 
has control and ownership of the requested record, if known.
    (c) If GSA has possession of the requested records, the FOIA 
Requester Service Center shall work in coordination with the appropriate 
GSA component/or program office to fulfill the FOIA request in 
accordance with 5 U.S.C. 552.



Sec.  105-60.301  Acknowledging FOIA requests.

    (a) To the extent practicable, GSA shall communicate with requesters 
electronically via the FOIAonline web portal and/or email.
    (b) Upon receipt of a request, GSA shall send requesters an 
acknowledgement letter within 2 business days containing a brief 
description of the records sought so requesters may more easily keep 
track of their requests.
    (c) When a request is submitted via FOIAonline, the system 
automatically generates a tracking number, which allows for easy 
identification of each request. This tracking number shall be included 
in the acknowledgement letter.
    (d) When GSA receives a request not directly entered by the 
requester into FOIAonline (i.e., email, fax, standard mail, etc.) the 
FOIA Requester Service Center shall immediately upload the request into 
the FOIAonline system and it shall be assigned a tracking number that 
shall be communicated to the requester.



Sec.  105-60.302  Responding to FOIA requests.

    (a) GSA shall provide an estimated date by which the agency expects 
to provide a response to the requester. If a request involves a 
voluminous amount of material or searches in multiple locations, GSA may 
provide an interim response, meaning the agency releases the records on 
a rolling basis as the records are located and verified.
    (b) In determining which records are responsive to a request, the 
agency shall include only the records in its possession as of the date 
the agency receives the perfected FOIA request. If any other date is 
used, GSA shall inform the requester accordingly. A record that is 
excluded from the requirements of the FOIA pursuant to 5

[[Page 497]]

U.S.C. 552(c) is not considered responsive to a request.
    (c) Pursuant to 5 U.S.C. 552, GSA is not required to perform the 
following in response to a FOIA request:
    (1) Answer questions or interrogatories posed as FOIA requests;
    (2) Issue guidance/or opinions;
    (3) Analyze and/or interpret documents for a requester;
    (4) Create records;
    (5) Conduct research; or
    (6) Initiate investigations.
    (d) The GSA Administrator and GSA Chief FOIA Officer and/or their 
assigned delegates are authorized to grant or deny any requests for 
records or portions thereof that are generated, maintained, or 
controlled by GSA.



Sec.  105-60.303  Consultation, referral, and coordination.

    (a) All consultations and referrals received by GSA shall be handled 
according to the date the other agency received the perfected FOIA 
request.
    (b) GSA may establish agreements with other agencies to eliminate 
the need for consultations or referrals with respect to particular types 
of records.
    (c) When GSA is reviewing records located in response to a FOIA 
request, GSA shall determine whether another agency of the Federal 
Government is better able to determine if the records are releasable 
under the FOIA. As to any such record, GSA shall proceed in one of the 
following ways:
    (1) Consultation. When GSA receives a request for records that 
either originated with another agency or is a GSA record that includes 
information that originated with another agency, GSA should typically 
consult with that other agency prior to making a release determination.
    (2) Referral. (i) Whenever GSA receives a request for records that 
are known to be the primary responsibility of another agency, GSA shall 
refer the responsibility for responding to the request regarding records 
to that agency. Ordinarily, the agency that created the records is 
presumed to be the best agency to make the disclosure determination. 
However, if GSA and the originating agency jointly agree that GSA is in 
the best position to respond regarding the record, then the responsive 
record(s) may be handled as a consultation.
    (ii) Whenever GSA refers any part of the responsibility for 
responding to a record request to another agency, GSA shall maintain 
documentation that the referral to the other agency has occurred, and 
shall notify the requester of the referral. The notification to the 
requester shall include both the name of the agency to which the record 
request was referred and the contact information for the agency's FOIA 
office/or personnel.
    (iii) This referral procedure is not appropriate where disclosure of 
the identity of the agency to which the referral would be made could 
reasonably harm an interest protected by an applicable exemption, such 
as the exemptions that protect personal privacy or national security 
interests. If a non-law enforcement agency responding to a request for 
records on a living third party locates within its files records 
originating with a law enforcement agency, and if the existence of that 
law enforcement interest in the third party was not publicly known, then 
to disclose that law enforcement interest could cause an unwarranted 
invasion of the personal privacy of the third party. Similarly, if GSA 
locates a record that originates with an intelligence community agency, 
and the involvement of that agency in the matter is classified and not 
publicly acknowledged, then to disclose or give attribution to the 
involvement of that Intelligence Community agency could cause national 
security harms. Records meeting these criteria shall be treated as a 
consultation.
    (iv) In such instances, in order to avoid a harm to an interest 
protected by an FOIA applicable exemption, GSA should coordinate with 
the originating agency to seek its views on the disclosability of the 
record. The release determination for the record that is the subject of 
the coordination should then be conveyed to the requester by GSA.
    (4) Classified information. (i) On receipt of any request involving 
classified information, GSA shall determine whether the information is 
currently and properly classified in accordance with applicable 
classification rules. Whenever a request involves a record

[[Page 498]]

containing information that has been classified or may be appropriate 
for classification by another agency under any applicable executive 
order concerning the classification of records, GSA shall refer request 
for records to the agency that classified the information or that should 
consider the information for classification.
    (ii) Whenever GSA's records contain information that has been 
derivatively classified (i.e., it contains information classified by 
another agency), GSA shall refer the responsibility for responding to 
that portion of the request to the agency that classified the 
information.



Sec.  105-60.304  Time requirements to respond to FOIA requests.

    (a) Upon receipt of perfected request via U.S. mail, email, or 
facsimile, the GSA FOIA Requester Service Center shall begin processing 
the request for records. Pursuant to 5 U.S.C. 552(a)(6)(A)(i), GSA has 
20 business days (excluding Saturdays, Sundays, and Federal holidays) to 
inform the requester of the agency's determination with respect to the 
request for records, unless in the alternative, the agency has 
negotiated a different timeframe based on scope and level of effort to 
prepare the FOIA request response. If a requester does not receive a 
response to their perfected FOIA request within the statutory timeframe 
requester may seek judicial review in the U.S. District Court in the 
district in which the requester resides or has a principal place of 
business, or where the records are situated, or in the U.S. District 
Court for the District of Columbia.
    (b) GSA shall to the greatest extent practicable respond to FOIA 
requests by order of receipt of the requests.
    (c) GSA shall designate a specific track for requests that are 
granted expedited processing, in accordance with the standards set forth 
in this subpart. GSA may also designate additional processing tracks 
that distinguish between simple and more complex requests based on the 
estimated amount of work or time needed to process the request. Among 
the factors GSA may consider are the number of records requested, the 
number of pages involved in processing the request, and the need for 
consultations or referrals. GSA shall advise requesters of the track 
into which their request falls upon request, and when appropriate, offer 
the requester an opportunity to narrow the scope and/or modify their 
requests.
    (d) GSA may aggregate requests in cases where it reasonably appears 
that multiple requests for records were submitted either by a requester 
or by a group of requesters acting in concert for the same, or similar 
information to ensure it is fulfilled in a timely manner. GSA cannot 
aggregate multiple requests for unrelated subject matters.



Sec.  105-60.305  Unusual circumstances.

    Whenever GSA cannot meet the statutory time limit for processing a 
request because of ``unusual circumstances,'' as defined at 5 U.S.C. 
552(a)(6)(A)(iii), GSA shall, before expiration of the 20-day statutory 
time period to respond to a request for records, notify the requester in 
writing of the unusual circumstances involved and of the date by which 
GSA estimates the processing of the request shall be completed. Where 
the extension of time is anticipated to exceed 10 business days, GSA 
shall provide the requester with an opportunity to modify the request or 
arrange an alternative time period for processing the original or 
modified request. GSA shall make available its FOIA Public Liaison for 
this purpose. GSA shall also alert requesters to the availability of the 
Office of Government Information Services (OGIS) to provide dispute 
resolution services.



Sec.  105-60.306  Expedited processing.

    (a) A request for expedited processing may be made at any time. In 
order to qualify for consideration for expedited processing, the request 
shall reasonably describe the records sought. Expedited requests should 
be described in sufficient detail to facilitate expedited processing.
    (b) A requester who seeks expedited processing shall submit a 
statement with their FOIA request, certified to be true and correct, 
explaining in detail the basis for making the request for expedited 
processing as described in paragraphs (c)(1) through (4) of this 
section.

[[Page 499]]

As a matter of administrative discretion, GSA may waive the formal 
certification requirement.
    (c) GSA may process requests and appeals on an expedited basis 
whenever it is determined that they involve:
    (1) Circumstances in which the lack of expedited processing could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) An urgency to inform the public about an actual or alleged 
Federal Government activity, if made by a person who is primarily 
engaged in disseminating information; or
    (3) The loss of substantial due process rights; or
    (4) A matter of widespread and exceptional media interest in which 
there exist possible questions about the Government's integrity that 
affect public confidence.
    (d) GSA shall notify the requester within 10 calendar days of its 
receipt of a request for expedited processing and of its decision 
whether to grant or deny expedited processing. If expedited processing 
is granted, the request shall be given priority, placed in the 
processing track for expedited requests, and processed as soon as 
practicable. If a request for expedited processing is denied, GSA shall 
act on any appeal of that decision within 3 business days.



                Subpart E_Acknowledging the FOIA Request



Sec.  105-60.400  Applying FOIA exemptions.

    (a) 5 U.S.C. 552(b)(1)-(9) of the Freedom of Information Act 
provides that the disclosure requirements of FOIA do not apply to 
matters that are:
    (1) Specifically authorized under the criteria established by an 
executive order to be kept secret in the interest of national defense or 
foreign policy and are in fact properly classified pursuant to such 
executive order (see Executive Order No. 13,526);
    (2) Related solely to the internal personnel rules and practices of 
an agency;
    (3) Specifically exempted from disclosure by statute other than 5 
U.S.C. 552(b)(1)-(9), provided that such statute:
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue;
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Trade secrets and commercial or financial information that could 
harm the competitive posture or business interests of a company;
    (5) Interagency or intra-agency memorandums or letters that would 
not be available by law to a party other than an agency in litigation 
with the agency, provided that the deliberative process privilege shall 
not apply to records created 25 years or more before the date on which 
the records were requested;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority or any private institution that furnished information on a 
confidential basis, and, in the case of a record or information compiled 
by a criminal law enforcement authority in the course of a criminal 
investigation or by an agency conducting a lawful national security 
intelligence investigation, information furnished by a confidential 
source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or

[[Page 500]]

    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual;
    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial institutions; 
or
    (9) Geological and geophysical information and data, including maps, 
concerning wells.
    (b) GSA will provide any reasonably segregable portion of a record 
to a requester after redacting the portions of the requested records 
that are exempt under this section.



              Subpart F_Final Responses to the FOIA Request



Sec.  105-60.500  Final response procedures and rules.

    (a) Once GSA determines that it shall grant a request in full or in 
part, the requester shall be notified of the decision in writing as 
well. GSA shall also inform the requester of any fees charged under 
Sec.  105-60.804 of this part and shall disclose the requested records 
to the requester promptly upon payment of any applicable fees. The 
agency shall inform the requester of the availability of its FOIA Public 
Liaison to offer assistance.
    (b) If GSA makes an adverse determination on any part of the FOIA 
request, it shall notify the requester of that determination in writing. 
Adverse determinations, or denials of requests, include determinations 
that:
    (1) The requested record is exempt from disclosure, in whole or in 
part;
    (2) The FOIA request does not reasonably describe the records 
sought;
    (3) The information requested is not subject to FOIA;
    (4) The requested record does not exist, cannot be located, or has 
been destroyed; or
    (5) The requested record is not readily reproducible in the form or 
format sought by the requester.
    (c) Records disclosed in part in response to a FOIA request shall be 
marked clearly to show the exemption under which the applicable portions 
of the responsive records were redacted unless doing so would harm an 
interest protected by an applicable exemption.
    (d) Adverse determinations also include denials involving fee waiver 
requests, denials for expedited processing, and the administrative 
closure of FOIA requests due to nonpayment of search and review fees for 
processing the FOIA request.
    (e) Any adverse determination of a FOIA request, in full or in part, 
shall be signed by the Chief FOIA Officer or his or her designee and 
shall include:
    (1) The name and title or position of the person responsible for the 
adverse determination;
    (2) A brief statement of the reasons for the adverse determination, 
including any FOIA exemption that is the basis for GSA's decision;
    (3) An estimate of the volume of any records or information 
withheld, such as the number of pages or some other reasonable form of 
estimation, although such an estimate is not required if the volume is 
otherwise indicated by deletions marked on records that are disclosed in 
part or if providing an estimate would harm an interest protected by an 
applicable exemption; and
    (4) A statement that the denial may be appealed under subpart I of 
this part, and a description of the appeal requirements.
    (5) A statement notifying the requester of the assistance available 
from the agency's FOIA Public Liaison and the dispute resolution 
services offered by OGIS.
    (f) Use of record exclusions pursuant to 5 U.S.C. 552(c):
    (1) In the event that GSA identifies records that may be subject to 
exclusion from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), 
GSA shall confer with Department of Justice, Office of Information 
Policy (OIP), to obtain approval to apply the exclusion.
    (2) If GSA invokes an exclusion, it shall maintain an administrative 
record of the process of invocation and approval of the exclusion by 
OIP.

[[Page 501]]



         Subpart G_Handling Confidential Commercial Information



Sec.  105-60.600  Procedural and lawful considerations.

    (a) Confidential commercial information means commercial or 
financial information obtained by GSA from a submitter that may be 
protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 
552(b)(4).
    (b) Submitter means any person or entity, including a corporation, 
State, or foreign government, but not including another Federal 
Government entity, that provides confidential commercial information, 
either directly or indirectly to the Federal Government.
    (c) A submitter of confidential commercial information shall use 
good faith efforts to designate by appropriate markings/or redact any 
portion of its submission that it considers to be protected from 
disclosure under Exemption 4. These designations expire 10 years after 
the date of the submission unless the submitter requests and provides 
justification for a longer designation period.
    (d) When notice to submitters is required:
    (1) GSA shall promptly provide written notice to the submitter of 
confidential commercial information whenever records containing such 
information are requested under the FOIA if GSA determines that it may 
be required to disclose the records, provided:
    (i) The requested information has been designated in good faith by 
the submitter as information considered protected from disclosure under 
Exemption 4; or
    (ii) GSA has a reason to believe that the requested information may 
be protected from disclosure under Exemption 4, but has not yet 
determined whether the information is protected from disclosure.
    (2) The notice shall either describe the commercial information 
requested or include a copy of the requested records or portions of 
records containing the information. In cases involving a voluminous 
number of submitters, GSA may post or publish a notice in a place or 
manner reasonably likely to inform the submitters of the proposed 
disclosure, instead of sending individual notifications.
    (e) The notice requirements of this section do not apply if:
    (1) GSA determines that the information is exempt under the FOIA, 
and therefore shall not be disclosed;
    (2) The information has been lawfully published or has been 
officially made available to the public;
    (3) Disclosure of the information is required by a statute other 
than FOIA or by a regulation issued in accordance with the requirements 
of Executive Order 12,600 of June 23, 1987; or
    (4) The designation made by the submitter under paragraph (c) of 
this section appears obviously frivolous. In such a case, GSA shall give 
the submitter written notice of any final decision to disclose the 
information within reasonable time prior to a specified disclosure date.



Sec.  105-60.601  Submitter's opportunity to object to disclosure.

    (a) GSA shall provide a submitter with 10 business days, within 
which the submitter shall respond to the notice referenced in Sec.  105-
60.600.
    (b) If a submitter has any objections to disclosure, it should 
provide GSA a detailed written statement that specifies all grounds for 
withholding the particular information under any exemption of the FOIA. 
In order to rely on Exemption 4 as the basis for nondisclosure, the 
submitter shall explain why the information constitutes a trade secret 
or commercial or financial information that is privileged or 
confidential and the harm of the release of the information to the 
submitter.
    (c) A submitter who fails to respond within the time period 
specified in the notice shall be considered to have no objection to 
disclosure of the information.
    (d) GSA is not required to consider any information received after 
the date of any disclosure decision. Any information provided by a 
submitter under this subpart may itself be subject to disclosure under 
the FOIA.
    (e) GSA shall consider a submitter's objections and specific grounds 
for nondisclosure in deciding whether to disclose the requested 
information.

[[Page 502]]

    (f) Whenever GSA decides to disclose information over the objection 
of a submitter, the agency shall provide the submitter written notice, 
which shall include:
    (1) A statement of the reasons why each of the submitter's 
disclosure objections was not sustained;
    (2) A description of the information to be disclosed or copies of 
the records as the agency intends to release them; and
    (3) The specified disclosure date.
    (g) Whenever a requester files a lawsuit seeking to compel the 
disclosure of confidential commercial information, GSA shall promptly 
notify the submitter.
    (h) GSA shall notify the requester whenever it provides the 
submitter with notice and an opportunity to object to disclosure; 
whenever it notifies the submitter of its intent to disclose the 
requested information; and whenever a submitter files a lawsuit to 
prevent the disclosure of the information.



                            Subpart I_Appeals



Sec.  105-60.700  Submitting an appeal.

    (a) A requester may appeal any adverse determination (denial of 
access to records, denial of fee waiver, or denial of expedited 
processing, etc.) to the GSA FOIA Requester Service Center which is 
designated as the agency's FOIA Appeals Office.
    (b) The appeal shall include:
    (1) The FOIAonline tracking number;
    (2) The basis for disagreement with GSA's adverse determination that 
is being appealed; and
    (3) A brief statement of the reasons he or she thinks GSA should 
release the records or provide expedited processing and enclose copies 
of the initial request and denial.
    (c) The requester may submit the appeal electronically to 
[email protected]. The requester should mark the subject line of the 
electronic transmission, ``Freedom of Information Act Appeal.'' In the 
alternative, the requester may submit an appeal via facsimile to 202-
501-2727, or via US mail to U.S. General Services Administration, FOIA 
Requester Service Center (H3), 1800 F Street NW, 7308, Washington, DC 
20405-0001. If the appeal is submitted via US mail, the appeal letter 
must include the words ``Freedom of Information Act Appeal'' on both the 
face of the appeal letter and on the envelope. Failure to follow these 
procedures will delay processing of the appeal.
    (d) The GSA FOIA Officer must receive the requester's appeal no 
later than 90 calendar days after receipt by the requester of any 
adverse determination by GSA with respect to the FOIA request. GSA has 
20 business days after receipt of a proper appeal to issue a response to 
the requester's appeal. The 20-workday time limit shall not begin until 
the GSA FOIA Officer receives the appeal. As noted in Sec.  105.60.305 
of this part, the GSA FOIA Officer may extend this time limit in unusual 
circumstances. GSA will process appeals of denials of expedited 
processing as soon as possible after receiving them. The GSA FOIA 
Officer may also extend the time limit in the event of unusual 
circumstances occur during the processing of appeals as well.



Sec.  105-60.701  Adjudication of appeals.

    (a) The GSA Chief FOIA Officer or his or her designee shall act on 
behalf of GSA on all appeals under this section.
    (b) An appeal ordinarily shall not be adjudicated if the request 
that is the subject of the appeal becomes a matter of FOIA litigation. 
GSA shall administratively close the appeal if it becomes the subject of 
litigation and provide this notice to the requester in writing that the 
request has been administratively closed.
    (c) On receipt of any appeal involving classified information, GSA 
shall take appropriate action to ensure compliance with applicable 
classification rules.
    (d) GSA shall provide its review and decision on any appeal in 
writing. Any decision that either upholds GSA's original determination 
in whole or in part shall contain a statement that identifies the 
reasons for the affirmance, including any FOIA exemptions applied.
    (e) If GSA's decision is remanded or modified on appeal, GSA shall 
notify the requester of that determination in writing. GSA shall then 
further process

[[Page 503]]

the request in accordance with that appeal determination and shall 
respond directly to the requester. If GSA affirms its original decision 
after timely receipt of an appeal, GSA shall inform the requester via 
writing as well. GSA shall inform the requester of their right to seek 
judicial review in the U.S. District Court in the district in which the 
requester resides or has a principal place of business, or where the 
records are situated, or in the U.S. District Court for the District of 
Columbia. GSA shall also inform the requester of the mediation services 
offered by the Office of Government Information Services (OGIS) of the 
National Archives and Records Administration (NARA) as a non-exclusive 
alternative to litigation.
    (f) Engaging in dispute resolution or mediation services provided by 
OGIS is a voluntary process. Mediation is a voluntary process. If GSA 
agrees to participate in the mediation services provided by OGIS, it 
will actively engage as a partner to the process in an attempt to 
resolve the dispute.



Sec.  105-60.702  Requirements to preserve FOIA records.

    GSA shall preserve all correspondence pertaining to the requests 
that it receives under this subpart, as well as copies of all requested 
records, until disposition or destruction is authorized pursuant to 
title 44 of the United States Code or the General Records Schedule 4.2 
of the NARA. GSA shall not dispose of or destroy records while they are 
the subject of a pending request, appeal, or lawsuit under FOIA.



                             Subpart J_Fees



Sec.  105-60.800  General provisions.

    (a) GSA shall charge for processing requests under the FOIA in 
accordance with the provisions of this section and with OMB Guidelines. 
For purposes of assessing fees, FOIA establishes three categories of 
requesters:
    (1) Commercial use requesters;
    (2) Noncommercial scientific or educational institutions or news 
media requesters; and
    (3) All other requesters.
    (b) Fees are assessed depending on the category GSA determines the 
requester falls under in subpart A of this part. Requesters may seek a 
fee waiver. GSA shall consider requests for fee waiver in accordance 
with the requirements in Sec.  105-60.807 of this subpart. To resolve 
any fee issues that arise under this section, GSA may contact a 
requester for additional information. GSA shall ensure that searches, 
review, and duplication of FOIA records are conducted in the most 
efficient and the least expensive manner.
    (c) GSA shall collect all applicable fees before sending copies of 
records to a requester. Requesters pay fees by check, credit card, or 
money order made payable to the U.S. General Services Administration, or 
by another method as determined by GSA.



Sec.  105-60.801  Definitions pertaining to fee assessments.

    (a) A commercial use request is a request that asks for information 
that furthers a commercial, trade, or profit interest, which can include 
furthering those interests through litigation. GSA's decision to place a 
requester in the commercial use category shall be made on a case-by-case 
basis and is based on the requester's intended use of the information. 
GSA shall notify requesters of their placement in this category.
    (b) Direct costs are those expenses that GSA incurs in searching for 
and duplicating (and, in the case of commercial use requests, reviewing) 
records in order to respond to a FOIA request. For example, direct costs 
include the salary of the employee performing the work (i.e., the basic 
rate of pay for the employee, plus sixteen (16) percent of that rate to 
cover benefits) and the cost of operating computers and other electronic 
equipment, such as photocopiers and scanners. Direct costs do not 
include overhead expenses such as the costs of space or the heating or 
lighting of a facility.
    (c) Duplication is reproducing a record to respond to a FOIA 
request. Duplicating records can occur via paper, audiovisual materials 
or electronic records.
    (d) An educational institution is any school that operates a program 
of scholarly research. A requester in this

[[Page 504]]

fee category shall show that the request is made in connection with his 
or her role at the educational institution. Agencies may seek 
verification from the requester that the request is in furtherance of 
scholarly research.
    (e) A noncommercial scientific institution is an institution that is 
not operated on a commercial basis. The term `commercial' for purposes 
of this subpart is that which is defined in paragraph (a) of this 
section and that is operated solely for the purpose of conducting 
scientific research the results of which are not intended to promote any 
particular product or industry. A requester in this category shall show 
that the request is authorized by a qualifying noncommercial 
institution, or educational institution of vocational and higher 
learning and where the records are sought to further scientific, or 
academic scholarly research, and are not for a commercial use. GSA shall 
advise requesters of their placement in this category.
    (f) Representative of the news media is any person or entity that 
gathers information of potential interest to a segment of the public, 
uses its editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. The term ``news'' means 
information that is about current events or that would be of current 
interest to the public. Examples of news media entities include 
television or radio stations that broadcast ``news'' to the public at 
large and publishers of periodicals that disseminate ``news'' and make 
their products available through a variety of means to the general 
public, including news organizations that disseminate solely on the 
internet. A request for records supporting the news-dissemination 
function of the requester shall not be considered to be for a commercial 
use. ``Freelance'' journalists who demonstrate a solid basis for 
expecting publication through a news media entity shall be considered as 
a representative of the news media. A publishing contract would provide 
the clearest evidence that publication is expected; however, GSA can 
also consider a requester's past publication record in making this 
determination. GSA shall advise requesters of their placement in this 
category.
    (g) Review is the examination of a record located in response to a 
request in order to determine whether any portion of it is exempt from 
disclosure. Review time includes the process of reviewing each 
individual record for possible redactions and marking the appropriate 
exemptions. Review costs are properly charged even if a record 
ultimately is not disclosed. Review time also includes time spent both 
obtaining and considering any formal objection to disclosure made by a 
confidential commercial information submitter under Sec.  105-60.601 of 
this part. It does not include time spent resolving general legal or 
policy issues regarding the application of exemptions.
    (h) Search is the process of looking for and retrieving records or 
information responsive to a request. Search time includes page-by-page 
or line-by-line identification of information within records and the 
reasonable efforts expended to locate and retrieve information from 
electronic records.



Sec.  105-60.802  Fees to be charged.

    In responding to FOIA requests, GSA shall charge the following fees 
unless a waiver or reduction of fees has been granted under Sec.  105-
60.807 of this subpart. Because the fee amounts provided below already 
account for the direct costs associated with a given fee type, GSA shall 
not add any additional costs to charges calculated under this section.
    (a) Search fees. (1) Requests made by educational institutions, 
noncommercial scientific institutions, or representatives of the news 
media are not subject to search fees. GSA shall charge search fees for 
all other requesters, subject to the rules and restrictions enumerated 
in this subpart. GSA may properly charge for time spent searching even 
if the GSA FOIA Requester Service Center does not locate any responsive 
records or if they determine that the records are entirely exempt from 
disclosure.
    (2) For each half hour (30 minutes) spent by GSA personnel searching 
for requested records, including electronic searches that do not require 
new programming, a $24.50 fee shall be assessed

[[Page 505]]

per the guidelines of the fee schedule enumerated in Sec.  105-60.804 of 
this subpart.
    (3) GSA shall charge the direct costs associated with conducting any 
search that requires the creation of a new computer program to locate 
the requested records. GSA shall notify the requester of the costs 
associated with creating such a program, and the requester shall agree 
to pay the associated costs before the costs may be incurred.
    (4) For requests that require the retrieval of records stored by GSA 
at a Federal records center operated by the NARA, GSA shall charge 
additional costs in accordance with the Transactional Billing Rate 
Schedule established by NARA.
    (b) Duplication fees. (1) GSA shall charge duplication fees to all 
requesters, subject to the restrictions of Sec.  105-60.803 of this 
subpart. GSA shall honor a requester's preference for receiving a record 
in a particular form or format where the agency can readily reproduce it 
in the form or format requested. Where photocopies are supplied, GSA 
shall provide one copy per request at the cost of $0.10 per copy. For 
copies of records produced on tapes, disks, or other media, GSA shall 
charge the direct costs of producing the copy, including operator time.
    (2) Where paper documents shall be scanned in order to comply with a 
requester's preference to receive the records in an electronic format, 
the requester shall also pay the direct costs associated with scanning 
those materials. For other forms of duplication, GSA shall charge the 
direct costs.
    (3) GSA determines the standard fee for duplication of records as 
follows:
    (i) Per copy of each page (not larger than 8.5 x 14 inches) 
reproduced by photocopy or similar means (includes costs of personnel 
and equipment)--U.S. $0.10.
    (ii) Per copy prepared by any other method of duplication--actual 
direct cost of production.
    (c) Review fees. GSA shall charge review fees to requesters who make 
commercial use requests. Review fees shall be assessed based upon the 
initial review of the record (i.e., the review conducted by GSA to 
determine whether an exemption applies to a particular record or portion 
of a record). No charge shall be made for review during the 
administrative appeal stage of exemptions applied at the initial review 
stage. However, if a particular exemption is deemed to no longer apply, 
any costs associated with GSA or another agency's secondary review of 
the records in order to consider the use of other exemptions may be 
assessed as review fees. Review fees shall be charged at the same rates 
as those enumerated in the fee schedule of this section.



Sec.  105-60.803  Restrictions on charging fees.

    (a) When GSA determines that a requester is an educational 
institution, noncommercial scientific institution, or representative of 
the news media, and that the records are not sought for commercial use, 
GSA shall not charge search fees.
    (b) If GSA fails to comply with the time limits in which to respond 
to a request for agency records under FOIA, it will not charge search 
fees, or in the instances of requests from requesters described in 
paragraph (a) of this section, may not charge duplication fees, except 
as described in paragraphs (b)(1) through (3) of this section. GSA will 
charge duplication fees in accordance with Sec.  105-60.802(b)(1) 
through (3) of this subpart.
    (1) If GSA has determined that unusual circumstances, as defined by 
FOIA, apply and the agency provided timely written notice to the 
requester in accordance with FOIA, a failure to comply with the time 
limit shall be excused for an additional 10 business days.
    (2) If GSA has determined that unusual circumstances, as defined by 
the FOIA, apply and that more than 5,000 pages are necessary to respond 
to the request, GSA may charge search fees, or, in the case of 
requesters described in paragraph (d)(1) of this section, may charge 
duplication fees, if the following steps are taken. GSA shall have 
provided timely written notice of unusual circumstances to the requester 
in accordance with FOIA and GSA shall have discussed with the requester 
via written mail, email, or telephone (or

[[Page 506]]

made not less than three good-faith attempts to do so) how the requester 
could effectively limit the scope of the request in accordance with 5. 
U.S.C. 552(a)(6)(B)(ii). If this exception is satisfied, the component 
may charge all applicable fees incurred in the processing of the 
request.
    (3) If a court has determined that exceptional circumstances exist, 
as defined by FOIA, a failure to comply with the time limits shall be 
excused for the length of time provided by the court order.
    (c) No search or review fees shall be charged for a half-hour period 
unless more than half of that period is required for search or review.
    (d) Except for requesters seeking records for a commercial use, GSA 
shall provide without charge:
    (1) The first 100 pages of duplication (or the cost equivalent for 
other media); and
    (2) The first 2 hours of search time.
    (e) No fee shall be charged when the total fee, after deducting the 
100 free pages (or its cost equivalent) and the first 2 hours of search, 
is equal to or less than $49.00.



Sec.  105-60.804  Fee schedule.

    Table 1 to Sec.  105-60.804 outlines the basic fee categories and 
applicable fees:

                           Table 1 to Sec.   105-60.804--Fee Requester Category Table
----------------------------------------------------------------------------------------------------------------
       Requester category           Search fees        Review fees        Duplication fees           Amount
----------------------------------------------------------------------------------------------------------------
(a) Commercial use requester...  Yes..............  Yes..............  Yes, first 100 pages,   $49.00/hour plus
                                                                        or equivalent volume    applicable
                                                                        without charge. Then,   duplication
                                                                        U.S. $0.10. per copy    costs.
                                                                        of each page (not
                                                                        larger than 8.5 x 14
                                                                        inches) reproduced by
                                                                        photocopy or similar
                                                                        means (includes costs
                                                                        of personnel and
                                                                        equipment)--OR, per
                                                                        copy prepared by any
                                                                        other method of
                                                                        duplication--actual
                                                                        direct cost of
                                                                        production.
(b) Educational and              No...............  No...............  Yes, first 100 pages,   Eligible
 noncommercial scientific                                               or equivalent volume    requesters not
 institutions.                                                          without charge. Then,   subject to fees
                                                                        U.S. $0.10. per copy    other than
                                                                        of each page (not       duplication
                                                                        larger than 8.5 x 14    costs.
                                                                        inches) reproduced by
                                                                        photocopy or similar
                                                                        means (includes costs
                                                                        of personnel and
                                                                        equipment)--OR, per
                                                                        copy prepared by any
                                                                        other method of
                                                                        duplication--actual
                                                                        direct cost of
                                                                        production.
(c) Representative of news       No...............  No...............  Yes, first 100 pages,   Eligible
 media.                                                                 or equivalent volume    requesters not
                                                                        without charge. Then,   subject to fees
                                                                        U.S. $0.10. per copy    other than
                                                                        of each page (not       duplication
                                                                        larger than 8.5 x 14    costs.
                                                                        inches) reproduced by
                                                                        photocopy or similar
                                                                        means (includes costs
                                                                        of personnel and
                                                                        equipment)--OR, per
                                                                        copy prepared by any
                                                                        other method of
                                                                        duplication--actual
                                                                        direct cost of
                                                                        production.
(d) All other requesters.......  Yes (first 2       No...............  Yes, first 100 pages,   $49.00/hour plus
                                  hours without                         or equivalent volume    applicable
                                  charge).                              without charge. Then,   duplication
                                                                        U.S. $0.10. per copy    costs.
                                                                        of each page (not
                                                                        larger than 8.5 x 14
                                                                        inches) reproduced by
                                                                        photocopy or similar
                                                                        means (includes costs
                                                                        of personnel and
                                                                        equipment)--OR, per
                                                                        copy prepared by any
                                                                        other method of
                                                                        duplication--actual
                                                                        direct cost of
                                                                        production.
----------------------------------------------------------------------------------------------------------------

    Note 1 to Sec.  105-60.804: GSA's calculated hourly rate for manual 
search, computer operator/programmer time, and employee time spent 
reviewing records is set at a flat rate of 49.00 per hour. GSA charges 
for these FOIA services by the hour at $49.00 and half hour at $24.50.
    Note 2 to Sec.  105-60.804: The fee schedule of this section does 
not apply to fees charged under any statute that specifically requires 
GSA to set and collect fees for particular types of records. In 
instances where records responsive to a request are subject to a 
statutorily based fee schedule program, GSA shall inform the requester 
of the contact information for that program.
    Note 3 to Sec.  105-60.804: If GSA utilizes a contractor or agency 
personnel outside of the FOIA Requester Service Center to perform any 
services described in this subpart, the standard fee is based on the 
equivalent hourly rates.



Sec.  105-60.805  Anticipated fees.

    (a) When GSA determines or estimates that the fees to be assessed in 
accordance with this section shall exceed $49.00, the agency shall 
notify the

[[Page 507]]

requester of the actual or estimated amount of the fees, including a 
breakdown of the fees for search, review or duplication, unless the 
requester has indicated a willingness to pay fees as high as those 
anticipated via writing. If only a portion of the fee can be estimated 
readily, GSA shall advise the requester accordingly. If the request is 
not for noncommercial use, the notice shall specify that the requester 
is entitled to the statutory entitlements of 100 pages of duplication at 
no charge and, if the requester is charged search fees, 2 hours of 
search time at no charge, and shall advise the requester whether those 
entitlements have been provided.
    (b) If GSA notifies the requester that the actual or estimated fees 
are in excess of $49.00, the request shall not be considered received 
and further work shall not be completed until the requester commits in 
writing to pay the actual or estimated total fee, or designates some 
amount of fees the requester is willing to pay. Or in the case of a 
noncommercial use requester who has not yet been provided with the 
requester's statutory entitlements, designates that the requester seeks 
only that which can be provided by the statutory entitlements. The 
requester shall provide the commitment/or designate an exact dollar 
amount in writing the requester is willing to pay. GSA is not required 
to accept payments in installments.
    (c) If the requester has indicated a willingness to pay some 
designated amount of fees, but the agency estimates that the total fee 
shall exceed that amount, GSA shall toll the processing of the request 
when it notifies the requester of the estimated fees in excess of the 
amount the requester has indicated a willingness to pay. GSA shall 
inquire whether the requester wishes to revise the amount of fees the 
requester is willing to pay or modify the request. Once the requester 
submits the new estimated fee, the time to respond shall resume from 
where it was at the date of the notification.
    (d) GSA's FOIA Public Liaison and other FOIA professionals shall be 
available to assist any requester in reformulating a request to meet the 
requester's needs at a lower cost.
    (e) Although not required to provide special services, if GSA 
chooses to do so as a matter of administrative discretion, the direct 
costs of providing the service shall be charged. Examples of such 
services include certifying that records are true copies, providing 
multiple copies of the same document, or sending records by means other 
than first class mail.
    (f) GSA may charge interest on any unpaid bill starting on the 31st 
day following the date the requester is first billed. Interest charges 
shall be assessed at the rate provided in 31 U.S.C. 3717 and shall 
accrue from the billing date until payment is received by the agency. 
GSA shall follow the provisions of the Debt Collection Act of 1982 
(Public Law 97-365, 96 Stat. 1749), as amended, and its administrative 
procedures, including the use of consumer reporting agencies, collection 
agencies, and offset.
    (g) When GSA reasonably believes that a requester or a group of 
requesters acting in concert are attempting to divide a single request 
into a series of requests for the purpose of avoiding fees, GSA may 
aggregate those requests and charge accordingly. GSA may presume that 
multiple requests of this type made within a 30-day period have been 
made in order to avoid fees. For requests separated by a longer period, 
GSA shall aggregate them only where there is a reasonable basis for 
determining that aggregation is warranted in view of all the 
circumstances involved. Multiple requests involving unrelated matters 
cannot be aggregated.



Sec.  105-60.806  Advanced payments.

    (a) For requests other than those described in this subpart, GSA 
cannot require the requester to make an advance payment before work is 
commenced or continued on a request. Payment owed for work already 
completed (i.e., payment before copies are sent to a requester) is not 
an advance payment.
    (b) When GSA determines or estimates that a total fee to be charged 
under this section shall exceed $250.00, it may require that the 
requester make an advance payment up to the amount of the entire 
anticipated fee before beginning to process the request. GSA

[[Page 508]]

may elect to process the request prior to collecting fees when it 
receives a satisfactory assurance of full payment from a requester with 
a history of prompt payment.
    (c) Where a requester has previously failed to pay a properly 
charged FOIA fee to GSA within 30 calendar days of the billing date, GSA 
may require that the delinquent requester pay the full amount due, plus 
any applicable interest on that prior request, and require that the 
requester make an advance payment of the full amount of any anticipated 
fee before the agency begins to process a new request or continues to 
process a pending request or any pending appeal. If GSA has a reasonable 
basis to believe that a requester has misrepresented the requester's 
identity in order to avoid paying outstanding fees, it may require that 
the requester provide proof of identity.
    (d) In cases in which GSA requires advance payment, the request 
shall not be considered received and further work shall not be completed 
until the required payment is received. If the requester does not pay 
the advance payment within 10 business days after the date of GSA's fee 
determination, the request shall be closed.



Sec.  105-60.807  Fee waivers and fee reductions.

    (a) Requests for a fee waiver shall be made when the FOIA request is 
first submitted to the agency and should address the criteria referenced 
above. A requester may submit a fee waiver request at a later time so 
long as the underlying record request is pending or being reviewed per 
an appeal. When a requester who has committed to pay fees subsequently 
asks for a waiver of those fees and that waiver is denied, the requester 
shall pay any costs incurred up to the date the fee waiver request was 
received.
    (b) Requirements for waiver or reduction of fees:
    (1) Requesters may seek a waiver of fees by submitting a written 
rationale as to how disclosure of the requested information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the Government 
and is not primarily in the commercial interest of the requester; and
    (2) GSA shall furnish records responsive to a request without charge 
or at a reduced rate when it determines, based on all available 
information, that the factors described in paragraphs (b)(2)(i) through 
(iii) of this section are satisfied:
    (i) Disclosure of the requested information would shed light on the 
operations or activities of the Government. The subject of the request 
shall concern identifiable operations or activities of the Federal 
Government with a connection that is direct and clear, not remote or 
attenuated; and
    (ii) Disclosure of the requested information is likely to contribute 
significantly to public understanding of those operations or activities. 
This factor is satisfied when the following criteria are met; and
    (A) Disclosure of the requested records shall be meaningfully 
informative about Government operations or activities. The disclosure of 
information that already is in the public domain, in either the same or 
a substantially identical form, would not be meaningfully informative if 
nothing new would be added to the public's understanding.
    (B) The disclosure shall contribute to the understanding of a 
reasonably broad audience of persons interested in the subject, as 
opposed to the individual understanding of the requester. A requester's 
expertise in the subject area as well as the requester's ability and 
intention to effectively convey information to the public shall be 
considered. GSA shall presume that a representative of the news media 
shall satisfy this consideration;
    (iii) The disclosure shall not be primarily in the commercial 
interest of the requester. To determine whether disclosure of the 
requested information is primarily in the commercial interest of the 
requester, GSA shall consider the following criteria:
    (A) GSA shall identify whether the requester has any commercial 
interest that would be furthered by the requested disclosure. A 
commercial interest includes any commercial, trade, or profit interest. 
Requesters shall be

[[Page 509]]

given an opportunity to provide explanatory information regarding this 
consideration.
    (B) If there is an identified commercial interest, GSA shall 
determine whether that is the primary interest furthered by the request. 
A waiver or reduction of fees is justified when the requirements of 
paragraphs (b)(2)(i) and (ii) of this section are satisfied and any 
commercial interest is not the primary interest furthered by the 
request. GSA ordinarily shall presume that, when a news media requester 
has satisfied factors in paragraph (b)(1) of this section and this 
paragraph (b)(2), the request is not primarily in the commercial 
interest of the requester. Disclosure to data brokers or others who 
merely compile and market Government information for direct economic 
return shall not be presumed to primarily serve the public interest.
    (c) Where only some of the records to be released satisfy the 
requirements for a fee waiver, a waiver shall be granted for those 
records.



                   Subpart K_Other Rights and Services



Sec.  105-60.900  Coda.

    Nothing in this subpart shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the FOIA.



Subpart L_Production or Disclosure by Present or Former General Services 
Administration Employees in Response to Subpoenas or Similar Demands in 
                 Judicial or Administrative Proceedings

    Source: 85 FR 52050, Aug. 24, 2020, unless otherwise noted.



Sec.  105-60.1001  Purpose and scope of subpart.

    (a) By virtue of the authority vested in the Administrator of 
General Services by 5 U.S.C. 301 and 41 U.S.C. 121(c) this subpart 
establishes instructions and procedures to be followed by current and 
former employees of the General Services Administration in response to 
subpoenas or similar demands issued in judicial or administrative 
proceedings for production or disclosure of material or information 
obtained as part of the performance of a person's official duties or 
because of the person's official status. Nothing in these instructions 
applies to responses to subpoenas or demands issued by the Congress or 
in Federal grand jury proceedings.
    (b) This subpart provides instructions regarding the internal 
operations of GSA and the conduct of its employees, and is not intended 
and does not, and may not, be relied upon to create any right or 
benefit, substantive or procedural, enforceable at law by a party 
against GSA.



Sec.  105-60.1002  Definitions.

    For purposes of this subpart, the following definitions apply:
    (a) Material means any document, record, file or data, regardless of 
the physical form or the media by or through which it is maintained or 
recorded, which was generated or acquired by a current or former GSA 
employee by reason of the performance of that person's official duties 
or because of the person's official status, or any other tangible item, 
e.g., personal property possessed or controlled by GSA.
    (b) Information means any knowledge or facts contained in material, 
and any knowledge or facts acquired by current or former GSA employee as 
part of the performance of that person's official duties or because of 
that person's official status.
    (c) Demand means any subpoena, order, or similar demand for the 
production or disclosure of material, information or testimony regarding 
such material or information, issued by a court or other authority in a 
judicial or administrative proceeding, excluding congressional subpoenas 
or demands in Federal grand jury proceedings, and served upon a present 
or former GSA employee.
    (d) Appropriate authority means the following officials who are 
delegated authority to approve or deny responses to demands for 
material, information or testimony:
    (1) The Counsel to the Inspector General for material and 
information

[[Page 510]]

which is the responsibility of the GSA Office of Inspector General or 
testimony of current or former employees of the Office of the Inspector 
General;
    (2) The Counsel to the GSA Board of Contract Appeals for material 
and information which is the responsibility of the Board of Contract 
Appeals or testimony of current or former Board of Contract Appeals 
employees;
    (3) The GSA General Counsel, Associate General Counsel(s) or 
Regional Counsel for all material, information, or testimony not covered 
by paragraphs (d)(1) and (2) of this section.



Sec.  105-60.1003  Acceptance of service of a subpoena duces tecum
or other legal demand on behalf of the General Services Administration.

    (a) The Administrator of General Services and the following 
officials are the only GSA personnel authorized to accept service of a 
subpoena or other legal demand on behalf of GSA: The GSA General Counsel 
and Associate General Counsel(s) and, with respect to material or 
information which is the responsibility of a regional office, the 
Regional Administrator and Regional Counsel. The Inspector General and 
Counsel to the Inspector General, as well as the Chairman and Vice 
Chairman of the Board of Contract Appeals, are authorized to accept 
service for material or information which are the responsibility of 
their respective organizations.
    (b) A present or former GSA employee not authorized to accept 
service of a subpoena or other demand for material, information or 
testimony obtained in an official capacity shall respectfully inform the 
process server that he or she is not authorized to accept service on 
behalf of GSA and refer the process server to an appropriate official 
listed in paragraph (a) of this section.
    (c) A Regional Administrator or Regional Counsel shall notify the 
General Counsel of a demand which may raise policy concerns or affect 
multiple regions.



Sec.  105-60.1004  Production or disclosure prohibited unless approved 
by the Appropriate Authority.

    No current or former GSA employee shall, in response to a demand, 
produce any material or disclose, through testimony or other means, any 
information covered by this subpart, without prior approval of the 
Appropriate Authority.



Sec.  105-60.1005  Procedure in the event of a demand for production
or disclosure.

    (a) Whenever service of a demand is attempted in person or via mail 
upon a current or former GSA employee for the production of material or 
the disclosure of information covered by this subpart, the employee or 
former employee shall immediately notify the Appropriate Authority 
through his or her supervisor or his or her former service, staff 
office, or regional office. The supervisor shall notify the Appropriate 
Authority. For current or former employees of the Office of Inspector 
General located in regional offices, Counsel to the Inspector General 
shall be notified through the immediate supervisor or former employing 
field office.
    (b) The Appropriate Authority shall require that the party seeking 
material or testimony provide the Appropriate Authority with an 
affidavit, declaration, statement, and/or a plan as described in 
paragraphs (c) (1), (2), and (3) of this section if not included with or 
described in the demand. The Appropriate Authority may waive this 
requirement for a demand arising out of proceedings to which GSA or the 
United States is a party. Any waiver will be coordinated with the United 
States Department of Justice (DOJ) in proceedings in which GSA, its 
current or former employees, or the United States are represented by 
DOJ.
    (c)(1) Oral testimony. If oral testimony is sought by a demand, the 
Appropriate Authority shall require the party seeking the testimony or 
the party's attorney to provide, by affidavit or other statement, a 
detailed summary of the testimony sought and its relevance to the 
proceedings. Any authorization for the testimony of a current or former 
GSA employee shall be limited to the scope of the demand as summarized 
in such statement or affidavit.
    (2) Production of material. When information other than oral 
testimony is sought by a demand, the Appropriate

[[Page 511]]

Authority shall require the party seeking production or the party's 
attorney to provide a detailed summary, by affidavit or other statement, 
of the information sought and its relevance to the proceeding.
    (3) Required plan or other information. The Appropriate Authority 
may require a plan or other information from the party seeking testimony 
or production of material of all demands reasonably foreseeable, 
including, but not limited to, names of all current and former GSA 
employees from whom testimony or production is or will likely be sought, 
areas of inquiry, for current employees the length of time away from 
duty anticipated, and identification of documents to be used in each 
deposition or other testimony, where appropriate.
    (d) The Appropriate Authority will notify the current or former 
employee, the appropriate supervisor, and such other persons as 
circumstances may warrant, whether disclosure or production is 
authorized, and of any conditions or limitations to disclosure or 
production.
    (e) Factors to be considered by the Appropriate Authority in 
responding to demands:
    (1) Whether disclosure or production is appropriate under rules of 
procedure governing the proceeding out of which the demand arose;
    (2) The relevance of the testimony or documents to the proceedings;
    (3) The impact of the relevant substantive law concerning applicable 
privileges recognized by statute, common law, judicial interpretation or 
similar authority;
    (4) The information provided by the issuer of the demand in response 
to requests by the Appropriate Authority pursuant to paragraphs (b) and 
(c) of this section;
    (5) The steps taken by the issuer of the demand to minimize the 
burden of disclosure or production on GSA, including but not limited to 
willingness to accept authenticated copies of material in lieu of 
personal appearance by GSA employees;
    (6) The impact on pending or potential litigation involving GSA or 
the United States as a party;
    (7) In consultation with the head of the GSA organizational 
component affected, the burden on GSA which disclosure or production 
would entail; and
    (8) Any additional factors unique to a particular demand or 
proceeding.
    (f) The Appropriate Authority shall not approve a disclosure or 
production which would:
    (1) Violate a statute or a specific regulation;
    (2) Reveal classified information, unless appropriately declassified 
by the originating agency;
    (3) Reveal a confidential source or informant, unless the 
investigative agency and the source or informant consent;
    (4) Reveal records or information compiled for law enforcement 
purposes which would interfere with enforcement proceedings or disclose 
investigative techniques and procedures the effectiveness of which would 
be impaired;
    (5) Reveal trade secrets or commercial or financial information 
which is privileged or confidential without prior consultation with the 
person from whom it was obtained; or
    (6) Be contrary to a recognized privilege.
    (g) The Appropriate Authority's determination, including any reasons 
for denial or limitations on disclosure or production, shall be made as 
expeditiously as possible and shall be communicated in writing to the 
issuer of the demand and appropriate current or former GSA employee(s). 
In proceedings in which GSA, its current or former employees, or the 
United States are represented by DOJ, the determination shall be 
coordinated with DOJ which may respond to the issuer of the subpoenas or 
demand in lieu of the Appropriate Authority.



Sec.  105-60.1006  Procedure where response to demand is required prior
to receiving instructions.

    (a) If a response to a demand is required before the Appropriate 
Authority's decision is issued, a GSA attorney designated by the 
Appropriate Authority for the purpose shall appear with the employee or 
former employee upon whom the demand has been made, and shall furnish 
the judicial or other

[[Page 512]]

authority with a copy of the instructions contained in this subpart. The 
attorney shall inform the court or other authority that the demand has 
been or is being referred for the prompt consideration by the 
Appropriate Authority. The attorney shall respectfully request the 
judicial or administrative authority to stay the demand pending receipt 
of the requested instructions.
    (b) The designated GSA attorney shall coordinate GSA's response with 
DOJ's Civil Division or the relevant Office of the United States 
Attorney and may request that a DOJ or Assistant United States Attorney 
appear with the employee in addition to or in lieu of a designated GSA 
attorney.
    (c) If an immediate demand for production or disclosure is made in 
circumstances which preclude the appearance of a GSA or DOJ attorney on 
the behalf of the employee or the former employee, the employee or 
former employee shall respectfully make a request to the demanding 
authority for sufficient time to obtain advice of counsel.



Sec.  105-60.1007  Procedure in the event of an adverse ruling.

    If the court or other authority declines to stay the effect of the 
demand in response to a request made in accordance with Sec.  105-60.606 
pending receipt of instructions, or if the court or other authority 
rules that the demand must be complied with irrespective of instructions 
by the Appropriate Authority not to produce the material or disclose the 
information sought, the employee or former employee upon whom the demand 
has been made shall respectfully decline to comply, citing these 
instructions and the decision of the United States Supreme Court in 
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).



Sec.  105-60.1008  Fees, expenses, and costs.

    (a) In consultation with the Appropriate Authority, a current 
employee who appears as a witness pursuant to a demand shall ensure that 
he or she receives all fees and expenses, including travel expenses, to 
which witnesses are entitled pursuant to rules applicable to the 
judicial or administrative proceedings out of which the demand arose.
    (b) Witness fees and reimbursement for expenses received by a GSA 
employee shall be disposed of in accordance with rules applicable to 
Federal employees in effect at the time.
    (c) Reimbursement to the GSA for costs associated with producing 
material pursuant to a demand shall be determined in accordance with 
rules applicable to the proceedings out of which the demand arose.



PART 105	62_DOCUMENT SECURITY AND DECLASSIFICATION-
-Table of Contents



Sec.
105-62.000 Scope of part.

                  Subpart 105	62.1_Classified Materials

105-62.101 Security classification categories.
105-62.102 Authority to originally classify.
105-62.103 Access to GSA-originated materials.

            Subpart 105	62.2_Declassification and Downgrading

105-62.201 Declassification and downgrading.
105-62.202 Review of classified materials for declassification purposes.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); and E.O. 
12065 dated June 28, 1978.

    Source: 44 FR 64805, Nov. 8, 1979, unless otherwise noted.



Sec.  105-62.000  Scope of part.

    This part prescribes procedures for safeguarding national security 
information and material within GSA. They explain how to identify, 
classify, downgrade, declassify, disseminate, and protect such 
information in the interests of national security. They also supplement 
and conform with Executive Order 12065 dated June 28, 1978, subject: 
National Security Information, and the Implementing Directive dated 
September 29, 1978, issued through the Information Security Oversight 
Office.

[[Page 513]]



                  Subpart 105	62.1_Classified Materials



Sec.  105-62.101  Security classification categories.

    As set forth in Executive Order 12065, official information or 
material which requires protection against unauthorized disclosure in 
the interests of the national defense or foreign relations of the United 
States (hereinafter collectively termed ``national security'') shall be 
classified in one of three categories: Namely, Top Secret, Secret, or 
Confidential, depending on its degree of significance to the national 
security. No other categories shall be used to identify official 
information or material as requiring protection in the interests of 
national security except as otherwise expressly provided by statute. The 
three classification categories are defined as follows:
    (a) Top Secret. Top Secret refers to that national security 
information which requires the highest degree of protection, and shall 
be applied only to such information as the unauthorized disclosure of 
which could reasonably be expected to cause exceptionally grave damage 
to the national security. Examples of exceptionally grave damage include 
armed hostilities against the United States or its allies, disruption of 
foreign relations vitally affecting the national security, intelligence 
sources and methods, and the compromise of vital national defense plans 
or complex cryptologic and communications systems. This classification 
shall be used with the utmost restraint.
    (b) Secret. Secret refers to that national security information or 
material which requires a substantial degree of protection, and shall be 
applied only to such information as the unauthorized disclosure of which 
could reasonably be expected to cause serious damage to the national 
security. Examples of serious damage include disruption of foreign 
relations significantly affecting the national security, significant 
impairment of a program or policy directly related to the national 
security, and revelation of significant military plans or intelligence 
operations. This classification shall be used sparingly.
    (c) Confidential. Confidential refers to other national security 
information which requires protection, and shall be applied only to such 
information as the unauthorized disclosure of which could reasonably be 
expected to cause identifiable damage to the national security.



Sec.  105-62.102  Authority to originally classify.

    (a) Top secret, secret, and confidential. The authority to 
originally classify information as Top Secret, Secret, or Confidential 
may be exercised only by the Administrator and is delegable only to the 
Director, Information Security Oversight Office.
    (b) Limitations on delegation of classification authority. 
Delegations of original classification authority are limited to the 
minimum number absolutely required for efficient administration. 
Delegated original classification authority may not be redelegated.

[47 FR 5416, Feb. 5, 1982]



Sec.  105-62.103  Access to GSA-originated materials.

    Classified information shall not be disseminated outside the 
executive branch of the Government without the express permission of the 
GSA Security Officer except as otherwise provided in this Sec.  105-
62.103.
    (a) Access by historical researchers. Persons outside the executive 
branch who are engaged in historical research projects, may be 
authorized access to classified information or material, provided that:
    (1) A written determination is made by the Administrator of General 
Services that such access is clearly consistent with the interests of 
national security.
    (2) Access is limited to that information over which GSA has 
classification jurisdiction.
    (3) The material requested is reasonably accessible and can be 
located with a reasonable amount of effort.
    (4) The person agrees to safeguard the information and to authorize 
a review of his or her notes and manuscript for determination that no 
classified information is contained therein by signing a statement 
entitled ``Conditions Governing Access to Official Records for 
Historical Research Purposes.''

[[Page 514]]

    (5) An authorization for access shall be valid for a period of 2 
years from the date of issuance and may be renewed under the provisions 
of this Sec.  105-62.103(a).
    (b) Access by former Presidential appointees. Persons who previously 
occupied policymaking positions to which they were appointed by the 
President may not remove classified information or material upon 
departure from office as all such material must remain under the 
security control of the U.S. Government. Such persons may be authorized 
access to classified information or material which they originated, 
received, reviewed, signed, or which was addressed to them while in 
public office, provided that the GSA element having classification 
jurisdiction for such information or material makes a written 
determination that access is consistent with the interests of national 
security, approval is granted by the GSA Security Officer, and the 
individual seeking access agrees:
    (1) To safeguard the information,
    (2) To authorize a review of his or her notes for determination that 
no classified information is contained therein, and
    (3) To ensure that no classified information will be further 
disseminated or published.
    (c) Access during judicial proceedings. Classified information will 
not normally be released in the course of any civilian judicial 
proceeding. In special circumstances however, and upon the receipt of an 
order or subpoena issued by a Federal court, the Administrator may 
authorize the limited release of classified information if he or she 
determines that the interests of justice cannot otherwise be served. 
Appropriate safeguards will be established to protect such classified 
material released for use in judicial proceedings.
    (d) Access to material in NARS custody. The Archivist of the United 
States prepares procedures governing access to materials transferred to 
NARS custody. These procedures are issued by the Administrator of 
General Services in 41 CFR part 105-61.
    (e) Access by the General Accounting Office and congressional 
committees. Classified information may be released to the General 
Accounting Office (GAO) and congressional committees when specifically 
authorized by the GSA Security Officer except as otherwise provided by 
law.



            Subpart 105	62.2_Declassification and Downgrading



Sec.  105-62.201  Declassification and downgrading.

    (a) Authority to downgrade and declassify. The authority to 
downgrade and declassify national security information or material shall 
be exercised as follows:
    (1) Information or material may be downgraded or declassified by the 
GSA official authorizing the original classification, by a successor in 
capacity, by a supervisory official of either, or by the Information 
Security Oversight Committee on appeal.
    (2) Downgrading and declassification authority may also be exercised 
by an official specifically authorized by the Administrator.
    (3) In the case of classified information or material officially 
transferred to GSA by or under statute or Executive order in conjunction 
with a transfer of functions and not merely for storage purposes, GSA 
shall be deemed the originating agency for all purposes under these 
procedures including downgrading and declassification.
    (4) In the case of classified information or material held in GSA 
not officially transferred under paragraph (a)(3) of this section but 
originated in an agency which has since ceased to exist, GSA is deemed 
the originating agency. Such information or material may be downgraded 
and declassified 30 calendar days after consulting with any other 
agencies having an interest in the subject matter.
    (5) Classified information or material under the final 
declassification jurisdiction of GSA which has been transferred to NARS 
for accession into the Archives of the United States may be downgraded 
and declassified by the Archivist of the United States in accordance 
with Executive Order 12065, directives of the Information Security 
Oversight Office, and the systematic review guidelines issued by the 
Administrator of General Services.

[[Page 515]]

    (6) It is presumed that information which continues to meet 
classification requirements requires continued protection. In some 
cases, however, the need to protect such information may be outweighed 
by the public interest in disclosure of the information, and in these 
cases the information should be declassified. When such questions arise 
they shall be referred to the Administrator, the Director of the 
Information Security Oversight Office, or in accordance with the 
procedures for mandatory review described in Sec.  105-62.202(b).
    (b) Declassification. Declassification of information shall be given 
emphasis comparable to that accorded classification. Information 
classified under Executive Order 12065 and prior orders shall be 
declassified as early as national security considerations permit. 
Decisions concerning declassification shall be based on the loss of 
sensitivity of the information with the passage of time or on the 
occurrence of an event which permits declassification. When information 
is reviewed for declassification it shall be declassified unless the 
declassification authority established in Sec.  105-62.202 determines 
that the information continues to meet the classification requirements 
prescribed despite the passage of time.
    (c) Downgrading. Classified information that is marked for automatic 
downgrading is downgraded accordingly without notification to holders. 
Classified information that is not marked for automatic downgrading may 
be assigned a lower classification designation by the originator or by 
an official authorized to declassify the same information. Notice of 
downgrading shall be provided to known holders of the information.



Sec.  105-62.202  Review of classified materials for declassification 
purposes.

    (a) Systematic review for declassification. Except for foreign 
government information, classified information constituting permanently 
valuable records of GSA as defined by 44 U.S.C. 2103, and information in 
the possession and under control of NARA, under 44 U.S.C. 2107 or 2107 
note, shall be reviewed for declassification as it becomes 20 years old. 
Transition to systematic review at 20 years shall be implemented as 
rapidly as practicable and shall be completed by December 1, 1988. 
Foreign government information shall be reviewed for declassification as 
it becomes 30 years old.
    (b) Mandatory review for declassification. All classified 
information upon request by a member of the public or a Government 
employee or agency to declassify and release such information under the 
provisions of Executive Order 12065 shall be reviewed by the responsible 
GSA element for possible declassification in accordance with the 
procedures set forth in paragraphs (c) through (g) of this section.
    (c) Submission of requests for review. Requests for mandatory review 
of classified information shall be submitted in accordance with the 
following:
    (1) Requests originating within GSA shall in all cases be submitted 
directly to the service or staff office that originated the information.
    (2) For expeditious action, requests from other governmental 
agencies or from members of the public should be submitted directly to 
the service or staff office that originated the material, or, if the 
originating element is not known, or no longer exists, the requester 
shall submit the request to the GSA Security Officer who shall cause 
such request to be reviewed.
    (d) Requirements for processing. Requests for declassification 
review and release of information shall be processed in accordance with 
the provisions set forth in paragraphs (e) through (h) of this section 
subject to the following conditions:
    (1) The request is in writing and reasonably describes the 
information sought with sufficient particularity to enable the element 
to identify it.
    (2) The requester shall be asked to correct a request that does not 
comply with paragraph (d)(1) of this section, to provide additional 
information.
    (3) If within 30 days the requester does not correct the request, 
describe the information sought with sufficient particularity or narrow 
the scope of the request, the element that received the request shall 
notify the requester and state the reason why no action will be taken on 
the request.
    (e) Processing of requests. Requests that meet the foregoing 
requirements

[[Page 516]]

for processing will be acted upon as follows:
    (1) GSA action upon the initial request shall be completed within 60 
days.
    (2) Receipt of the request shall be acknowledged within 7 days.
    (3) The designated service or staff office shall determine if the 
requested information may be declassified and shall make such 
information available to the requester, unless withholding it is 
otherwise warranted under applicable law. If the information may not be 
released in whole or in part, the requester shall be given a brief 
statement as to the reasons for denial, a notice of the right to appeal 
the determination to the Deputy Administrator (the notice shall include 
the Deputy Administrator's name, title, and address), and a notice that 
such an appeal must be filed with the Deputy Administrator within 60 
days in order to be considered.
    (f) Foreign government information. Except as provided hereinafter, 
requests for mandatory review for the declassification of classified 
documents that contain foreign government information shall be processed 
and acted upon in accordance with the provisions of paragraphs (c) 
through (e) of this section. If the request involves information that 
was initially received or classified by GSA, then the corresponding 
service or staff office shall be designated by the GSA Security Officer 
to determine whether the foreign government information in the document 
may be declassified and released in accordance with GSA policy or 
guidelines, after consulting with other agencies that have subject 
matter interest as necessary. If GSA is not the agency that received or 
classified the foreign government information, it shall refer the 
request to the appropriate agency. In those cases where agency policy or 
guidelines do not apply, consultation with the foreign originator, 
through the GSA Security Officer, may be made prior to final action on 
the request.
    (g) Information classified outside the service or staff office. When 
a service or staff office receives a request for declassification of 
information in a document which is in the custody of the service or 
staff office but was classified by another service or staff office or by 
another Government agency, the service or staff office shall refer the 
request to the classifying service or staff office or Government agency, 
together with a copy of the document containing the information 
requested when practicable, and shall notify the requester of the 
referral, unless the agency that classified the information objects on 
the grounds that its association with the information requires 
protection. When a GSA service or staff office receives such a referral, 
it shall process the request in accordance with the requirements of this 
paragraph and, if so requested, shall notify the referring service, 
staff office, or agency of the determination made on the request.
    (h) Action on appeal. The following procedures shall be followed 
when denials of requests for declassification are appealed:
    (1) The Deputy Administrator shall, within 15 days of the date of 
the appeal, convene a meeting of the GSA Information Security Oversight 
Committee (ISOC) that shall include the GSA Security Officer, or his or 
her representative, and the GSA official who denied the original request 
(and, at the option of that official, any subordinates or personnel from 
other agencies that participated in the decision for denial).
    (2) The ISOC shall learn from the official the reasons for denying 
the request, concentrating in particular upon which requirement 
continued classification is based and the identifiable damage that would 
result if the information were declassified. The ISOC shall also learn 
from the official the part or parts of the information that is 
classified and if by deleting minor segments of the information it might 
not then be declassified.
    (3) The ISOC's decision to uphold or deny the appeal, in whole or in 
part, shall be based upon the unanimous opinion of its membership. In 
the event that unanimity cannot be attained, the matter shall be 
referred to the Administrator, whose decision shall be final.
    (4) Based upon the outcome of the appeal, a reply shall be made to 
the person making the appeal that either encloses the requested 
information or

[[Page 517]]

part of the information, or explains why the continued classification of 
the information is required. A copy of the reply shall be sent to the 
GSA official who originally denied the request for declassification, to 
the GSA Security Officer, and to any other agency expressing an interest 
in the decision.
    (5) Final action on appeals shall be completed within 30 days of the 
date of the appeal.
    (i) Prohibition. No service of staff office in possession of a 
classified document may refuse to confirm the existence of the document 
in response to a request for the document under the provisions for 
mandatory review, unless the fact of its existence would itself be 
classifiable.
    (j) Presidential papers. Information less than 10 years old which 
was originated by the President, by the White House staff, or by 
committees or commissions appointed by the President, or by others 
acting on behalf of the President, is exempted from mandatory review for 
declassification. Such information 10 years old or older is subject to 
mandatory review for declassification in accordance with procedures 
developed by the Archivist of the United States which provide for 
consultation with GSA on matters of primary subject interest to this 
agency.



PART 105	64_GSA PRIVACY ACT RULES--Table of Contents



Sec.
105-64.000 What is the purpose of this part?
105-64.001 What terms are defined in this part?

             Subpart 105	64.1_Policies and Responsibilities

105-64.101 Who is responsible for enforcing these rules?
105-64.102 What is GSA's policy on disclosure of information in a system 
          of records?
105-64.103 What is GSA's policy on collecting and using information in a 
          system of records?
105-64.104 What must the system manager tell me when soliciting personal 
          information?
105-64.105 When may Social Security Numbers (SSNs) be collected?
105-64.106 What is GSA's policy on information accuracy in a system of 
          records?
105-64.107 What standards of conduct apply to employees with privacy-
          related responsibilities?
105-64.108 How does GSA safeguard personal information?
105-64.109 How does GSA handle other agencies' records?
105-64.110 When may GSA establish computer matching programs?
105-64.111 What is GSA's policy on directives that may conflict with 
          this part?

                   Subpart 105	64.2_Access to Records

105-64.201 How do I get access to my records?
105-64.202 How do I request access in person?
105-64.203 How do I request access in writing?
105-64.204 Can parents and guardians obtain access to records?
105-64.205 Who will provide access to my records?
105-64.206 How long will it take to get my record?
105-64.207 Are there any fees?
105-64.208 What special conditions apply to release of medical records?
105-64.209 What special conditions apply to accessing law enforcement 
          and security records?

              Subpart 105	64.3_Denial of Access to Records

105-64.301 Under what conditions will I be denied access to a record?
105-64.302 How will I be denied access?
105-64.303 How do I appeal a denial to access a record?
105-64.304 How are administrative appeal decisions made?
105-64.305 What is my recourse to an appeal denial?

                    Subpart 105	64.4_Amending Records

105-64.401 Can I amend my record?
105-64.402 What records are not subject to amendment?
105-64.403 What happens when I submit a request to amend a record?
105-64.404 What must I do if I agree to an alternative amendment?
105-64.405 Can I appeal a denial to amend a record?
105-64.406 How will my appeal be handled?
105-64.407 How do I file a Statement of Disagreement?
105-64.408 What is my recourse to a denial decision?

                 Subpart 105	64.5_Disclosure of Records

105-64.501 Under what conditions may a record be disclosed without my 
          consent?
105-64.502 How do I find out if my record has been disclosed?

[[Page 518]]

105-64.503 What is an accounting of disclosures?
105-64.504 Under what conditions will I be denied an accounting of 
          disclosures?

   Subpart 105	64.6_Establishing or Revising Systems of Records in GSA

105-64.601 Procedures for establishing system of records.

                Subpart 105	64.7_Assistance and Referrals

105-64.701 Submittal of requests for assistance and referrals.

                   Subpart 105	64.8_Privacy Complaints

105-64.801 How to file a privacy complaint.
105-64.802 Can I appeal a decision to a privacy complaint?
105-64.803 How will my appeal by handled?

Appendix A to Part 105-64--Addresses for Geographically Dispersed 
          Records

    Authority: 5 U.S.C. 552a.

    Source: 74 FR 66246, Dec. 15, 2009, unless otherwise noted.



Sec.  105-64.000  What is the purpose of this part?

    This part implements the General Services Administration (GSA) rules 
under the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The rules 
cover the GSA systems of records from which information is retrieved by 
an individual's name or personal identifier. These rules set forth GSA's 
policies and procedures for accessing, reviewing, amending, and 
disclosing records covered by the Privacy Act. GSA will comply with all 
existing and future privacy laws.



Sec.  105-64.001  What terms are defined in this part?

    GSA defines the following terms to ensure consistency of use and 
understanding of their meaning under this part:
    Agency means any organization covered by the Privacy Act as defined 
in 5 U.S.C. 551(1) and 5 U.S.C. 552a (a)(1). GSA is such an agency.
    Computer matching program means the computerized comparison of two 
or more Federal personnel or payroll systems of records, or systems of 
records used to establish or verify an individual's eligibility for 
Federal benefits or to recoup delinquent debts.
    Disclosure of information means providing a record or the 
information in a record to someone other than the individual of record.
    Exempt records means records exempted from access by an individual 
under the Privacy Act, subsections (j)(1), Central Intelligence Agency, 
(j)(2) and (k)(2), law enforcement, (k)(1), Section 552 (b)(1), (k)(3), 
protective services to the President,(k)(4), statistical records, 
(k)(5), employee background investigations, (k)(6), federal service 
disclosure, and (k)(7), promotion in armed services.
    Individual means a citizen of the United States or a legal resident 
alien on whom GSA maintains Privacy Act records. An individual may be 
addressed as you when information is provided for the individual's use.
    Personally Identifiable Information (PII) means information about a 
person that contains some unique identifier, including but not limited 
to name or Social Security Number, from which the identity of the person 
can be determined. In OMB Circular M-06-19, the term ``Personally 
Identifiable Information'' is defined as any information about an 
individual maintained by an agency, including, but not limited to, 
education, financial transactions, medical history, and criminal or 
employment history and information which can be used to distinguish or 
trace an individual's identity, such as their name, Social Security 
Number, date and place of birth, mother's maiden name, biometric 
records, including any other personal information which can be linked to 
an individual.
    Record means any item, collection, or grouping of information about 
an individual within a system of records which contains the individual's 
name or any other personal identifier such as number or symbol, 
fingerprint, voiceprint, or photograph. The information may relate to 
education, financial transactions, medical conditions, employment, or 
criminal history collected in connection with an individual's 
interaction with GSA.
    Request for access means a request by an individual to obtain or 
review his or her record or information in the record.

[[Page 519]]

    Routine use means disclosure of a record outside GSA for the purpose 
for which it is intended, as specified in the systems of records 
notices.
    Solicitation means a request by an officer or employee of GSA for an 
individual to provide information about himself or herself for a 
specified purpose.
    System of records means a group of records from which information is 
retrieved by the name of an individual, or by any number, symbol, or 
other identifier assigned to that individual.
    System manager means the GSA associate responsible for a system of 
records and the information in it, as noted in the Federal Register 
systems of records notices.
    Un-redacted SSN Mailed Documents Listing (USMDL) means the Agency 
approved list, as posted at www.gsa.gov/reference/gsa-privacy-program, 
designating those documents for which the inclusion of the Social 
Security account number (SSN) is determined to be necessary to fulfill a 
compelling Agency business need when the documents are requested by 
individuals outside the Agency or other Federal agencies, as determined 
by the Administrator or their designee.

[74 FR 66246, Dec. 15, 2009, as amended at 88 FR 32140, May 19, 2023]



             Subpart 105	64.1_Policies and Responsibilities



Sec.  105-64.101  Who is responsible for enforcing these rules?

    GSA Heads of Services and Staff Offices and Regional Administrators 
are responsible for ensuring that all systems of records under their 
jurisdiction meet the provisions of the Privacy Act and these rules. 
System managers are responsible for the system(s) of records assigned to 
them. The GSA Privacy Act Officer oversees the GSA Privacy Program and 
establishes privacy-related policy and procedures for the agency under 
the direction of the GSA Senior Agency Official for Privacy.



Sec.  105-64.102  What is GSA's policy on disclosure of information 
in a system of records?

    No information contained in a Privacy Act system of records will be 
disclosed to third parties without the written consent of you, the 
individual of record, except under the conditions cited in Sec.  105-
64.501.



Sec.  105-64.103  What is GSA's policy on collecting and using 
information in a system of records?

    System managers must collect information that is used to determine 
your rights, benefits, or privileges under GSA programs directly from 
you whenever practical, and use the information only for the intended 
purpose(s).



Sec.  105-64.104  What must the system manager tell me when soliciting 
personal information?

    When soliciting information from you or a third party for a system 
of records, system managers must: Cite the authority for collecting the 
information; say whether providing the information is mandatory or 
voluntary; give the purpose for which the information will be used; 
state the routine uses of the information; and describe the effect on 
you, if any, of not providing the information. This information is found 
in the Privacy Act Statement. Any form that asks for personal 
information will contain this statement.



Sec.  105-64.105  When may Social Security Numbers (SSNs) be collected?

    (a) Statutory or regulatory authority must exist for collecting 
Social Security Numbers for record systems that use the SSNs as a method 
of identification. Systems without statutory or regulatory authority 
implemented after January 1, 1975, will not collect Social Security 
Numbers.
    (b) In compliance with OMB M-07-16 (Safeguarding Against and 
Responding to the Breach of Personally Identifiable Information) 
collection and storage of SSN will be limited to systems where no other 
identifier is currently available. While GSA will strive to reduce the 
collection and storage of SSN and other PII we recognize that some 
systems continue to need to collect this information.

[[Page 520]]



Sec.  105-64.106  What is GSA's policy on information accuracy in
a system of records?

    System managers will ensure that all Privacy Act records are 
accurate, relevant, necessary, timely, and complete. All GSA systems are 
reviewed annually. Those systems that contain Personally Identifiable 
Information (PII) are reviewed to ensure they are relevant, necessary, 
accurate, up-to-date, and covered by the appropriate legal or regulatory 
authority. A listing of GSA Privacy Act Systems can be found at the 
following link (http://www.gsa.gov/Portal/gsa/ep /
contentView.do?contentType= GSA_BASIC&contentId = 21567).



Sec.  105-64.107  What standards of conduct apply to employees with
privacy-related responsibilities?

    (a) Employees who design, develop, operate, or maintain Privacy Act 
record systems will protect system security, avoid unauthorized 
disclosure of information, both verbal and written, and ensure that no 
system of records is maintained without public notice. All such 
employees will follow the standards of conduct in 5 CFR part 2635, 5 CFR 
part 6701, 5 CFR part 735, and 5 CFR part 2634 to protect personal 
information.
    (b) Employees who have access to privacy act records will avoid 
unauthorized disclosure of personal information, both written and 
verbal, and ensure they have met privacy training requirements. All such 
employees will follow GSA orders HCO 9297.1 GSA Data Release Policy, HCO 
9297.2A GSA Information Breach Notification Policy, HCO 2180.1 GSA Rules 
of Behavior for Handling Personally Identifiable Information (PII), CIO 
P 2100.1E CIO P GSA Information Technology (IT) Security Policy, and CIO 
2104.1 GSA Information Technology (IT) General Rules of Behavior.
    (c)(1) The following conditions must be met for the inclusion of an 
unredacted (full) SSN or partially redacted (truncated) SSN on any 
document sent by mail on behalf of the agency:
    (i) The inclusion of the full SSN or truncated SSN of an individual 
must be required or authorized by law; and
    (ii) The document must be listed on the USMDL.
    (2) Even when the conditions set forth in paragraph (c)(1) are met, 
employees shall redact SSNs in all documents sent by mail where 
feasible. Where full redaction is not possible due to agency 
requirements, partial redaction to create a truncated SSN shall be 
preferred to no redaction.
    (3) In no case shall any complete or partial SSN be visible on the 
outside of any envelope or package sent by mail or displayed on 
correspondence that is visible through the window of an envelope or 
package.

[74 FR 66246, Dec. 15, 2009, as amended at 88 FR 32140, May 19, 2023]



Sec.  105-64.108  How does GSA safeguard personal information?

    (a) System managers will establish administrative, technical, and 
physical safeguards to ensure the security and confidentiality of 
records, protect the records against possible threats or hazards, and 
permit access only to authorized persons. Automated systems will 
incorporate security controls such as password protection, verification 
of identity of authorized users, detection of break-in attempts, 
firewalls, or encryption, as appropriate.
    (b) System managers will ensure that employees and contractors who 
have access to personal information in their system will have the proper 
background investigation and meet all privacy training requirements.



Sec.  105-64.109  How does GSA handle other agencies' records?

    In cases where GSA has either permanent or temporary custody of 
other agencies' records, system managers will coordinate with those 
agencies on any release of information. Office of Personnel Management 
(OPM) records that are in GSA's custody are subject to OPM's Privacy Act 
rules.



Sec.  105-64.110  When may GSA establish computer matching programs?

    (a) System managers will establish computer matching programs or 
agreements for sharing information with other agencies only with the 
consent and under the direction of the GSA

[[Page 521]]

Data Integrity Board that will be established when and if computer 
matching programs are used at GSA.
    (b) GSA will designate which positions comprise the Data Integrity 
Board and develop a policy that defines the roles and responsibilities 
of these positions.



Sec.  105-64.111  What is GSA's policy on directives that may conflict
with this part?

    These rules take precedence over any GSA directive that may conflict 
with the requirements stated here. GSA officials will ensure that no 
such conflict exists in new or existing directives.



                   Subpart 105	64.2_Access to Records



Sec.  105-64.201  How do I get access to my records?

    You may request access to your record in person or by writing to the 
system manager or, in the case of geographically dispersed records, to 
the office maintaining the records (see appendix A to this part). 
Parents or guardians may obtain access to records of minors or when a 
court has determined that the individual of record is incompetent.



Sec.  105-64.202  How do I request access in person?

    If appearing in person, you must properly identify yourself through 
photographic identification such as an agency identification badge, 
passport, or driver's license. Records will be available during normal 
business hours at the offices where the records are maintained. You may 
examine the record and be provided a copy on request. If you want 
someone else to accompany you when reviewing a record, you must first 
sign a statement authorizing the disclosure of the record; the statement 
will be maintained with your record.



Sec.  105-64.203  How do I request access in writing?

    If you request access in writing, mark both the envelope and the 
request letter ``Privacy Act Request''. Include in the request your full 
name and address; a description of the records you seek; the title and 
number of the system of records as published in the Federal Register; a 
brief description of the nature, time, and place of your association 
with GSA; and any other information you believe will help in locating 
the record.



Sec.  105-64.204  Can parents and guardians obtain access to records?

    If you are the parent or guardian of a minor, or of a person 
judicially determined to be incompetent, you must provide full 
information about the individual of record. You also must properly 
identify yourself and provide a copy of the birth certificate of the 
individual, or a court order establishing guardianship, whichever 
applies.



Sec.  105-64.205  Who will provide access to my record?

    The system manager will make a record available to you on request, 
unless special conditions apply, such as for medical, law enforcement, 
and security records.



Sec.  105-64.206  How long will it take to get my record?

    The system manager will make a record available within 10 workdays 
after receipt of your request. If a delay of more than 10 workdays is 
expected, the system manager will notify you in writing of the reason 
for the delay and when the record will be available. The system manager 
may ask you for additional information to clarify your request. The 
system manager will have an additional 10 workdays after receipt of the 
new information to provide the record to you, or provide another 
acknowledgment letter if a delay in locating the record is expected.



Sec.  105-64.207  Are there any fees?

    No fees are charged for records when the total fee is less than $25. 
The system manager may waive the fee above this amount if providing 
records without charge is customary or in the public interest. When the 
cost exceeds $25, the fee for a paper copy is 10 cents per page, and the 
fee for materials other than paper copies is the actual cost of 
reproduction. For fees above $250, advance payment is required. You 
should pay by check or money order made

[[Page 522]]

payable to the General Services Administration, and provide it to the 
system manager.



Sec.  105-64.208  What special conditions apply to release of medical
records?

    Medical records containing information that may have an adverse 
effect upon a person will be released only to a physician designated in 
writing by you, or by your guardian or conservator. Medical records in 
an Official Personnel Folder (OPF) fall under the jurisdiction of the 
Office of Personnel Management (OPM) and will be referred to OPM for a 
response.



Sec.  105-64.209  What special conditions apply to accessing law 
enforcement and security records?

    Law enforcement and security records are generally exempt from 
disclosure to individuals except when the system manager, in 
consultation with legal counsel and the Head of the Service or Staff 
Office or Regional Administrator or their representatives, determines 
that information in a record has been used or is being used to deny you 
any right, privilege, or benefit for which you are eligible or entitled 
under Federal law. If so, the system manager will notify you of the 
existence of the record and disclose the information, but only to the 
extent that the information does not identify a confidential source. If 
disclosure of information could reasonably be expected to identify a 
confidential source, the record will not be disclosed to you unless it 
is possible to delete all such information. A confidential source is a 
person or persons who furnished information during Federal 
investigations with the understanding that his or her identity would 
remain confidential.



              Subpart 105	64.3_Denial of Access to Records



Sec.  105-64.301  Under what conditions will I be denied access to a record?

    The system manager will deny access to a record that is being 
compiled in the reasonable anticipation of a civil action or proceeding 
or to records that are specifically exempted from disclosure by GSA in 
its system of records notices, published in the Federal Register. 
Exempted systems include the Investigation Case Files, Internal 
Evaluation Case Files, and Security Files. These systems are exempted to 
maintain the effectiveness and integrity of investigations conducted by 
the Office of Inspector General, and others, as part of their duties and 
responsibilities involving Federal employment, contracts, and security.



Sec.  105-64.302  How will I be denied access?

    If you request access to a record in an exempt system of records, 
the system manager will consult with the Head of Service or Staff Office 
or Regional Administrator or their representatives, legal counsel, and 
other officials as appropriate, to determine if all or part of the 
record may be disclosed. If the decision is to deny access, the system 
manager will provide a written notice to you giving the reason for the 
denial and your appeal rights.



Sec.  105-64.303  How do I appeal a denial to access a record?

    If you are denied access to a record in whole or in part, you may 
file an administrative appeal within 30 days of the denial. The appeal 
should be in writing and addressed to: GSA Privacy Act Officer (CIB), 
General Services Administration, 1800 F Street, NW., Washington, DC 
20405. Mark both the envelope and the appeal letter ``Privacy Act 
Appeal''.



Sec.  105-64.304  How are administrative appeal decisions made?

    The GSA Privacy Act Officer will conduct a review of your appeal by 
consulting with legal counsel and appropriate officials. The Privacy Act 
Officer may grant record access if the appeal is granted. If the 
decision is to reject the appeal, the Privacy Act Officer will provide 
all pertinent information about the case to the Deputy Administrator and 
ask for a final administrative decision. The Deputy Administrator may 
grant access to a record, in which case the Privacy Act Officer will 
notify you in writing, and the system manager will make the record 
available to you. If the Deputy Administrator denies the appeal, he or 
she will notify you in writing of the reason for

[[Page 523]]

rejection and of your right to a judicial review. The administrative 
appeal review will take no longer than 30 workdays after the Privacy Act 
Officer receives the appeal. The Deputy Administrator may extend the 
time limit by notifying you in writing of the extension and the reason 
for it before the 30 days are up.



Sec.  105-64.305  What is my recourse to an appeal denial?

    You may file a civil action to have the GSA administrative decision 
overturned within two years after the decision is made. You may file in 
a Federal District Court where you live or have a principal place of 
business, where the records are maintained, or in the District of 
Columbia.



                    Subpart 105	64.4_Amending Records



Sec.  105-64.401  Can I amend my record?

    You may request to amend your record by writing to the system 
manager with the proposed amendment. Mark both the envelope and the 
letter ``Privacy Act Request to Amend Record''.



Sec.  105-64.402  What records are not subject to amendment?

    You may not amend the following records under the law:
    (a) Transcripts of testimony given under oath or written statements 
made under oath.
    (b) Transcripts of grand jury proceedings, judicial proceedings, or 
quasi-judicial proceedings which constitute the official record of the 
proceedings.
    (c) Pre-sentence reports that are maintained within a system of 
records but are the property of the courts.
    (d) Records exempted from amendment by notice published in the 
Federal Register.



Sec.  105-64.403  What happens when I submit a request to amend a record?

    The system manager will consult with the Head of Service or Staff 
Office or Regional Administrator or their representatives, and legal 
counsel. They will determine whether to amend an existing record by 
comparing its accuracy, relevance, timeliness, and completeness with the 
amendment you propose. The system manager will notify you within 10 
workdays whether your proposed amendment is approved or denied. In case 
of an expected delay, the system manager will acknowledge receipt of 
your request in writing and provide an estimate of when you may expect a 
decision. If your request to amend is approved, the system manager will 
amend the record and send an amended copy to you and to anyone who had 
previously received the record. If your request to amend is denied, the 
system manager will advise you in writing, giving the reason for denial, 
a proposed alternative amendment if possible, and your appeal rights. 
The system manager also will notify the GSA Privacy Act Officer of any 
request for amendment and its disposition. Any amendment to a record may 
involve a person's Official Personnel Folder (OPF). OPF regulations are 
governed by OPM regulations, including alternate amendments and appeals 
of denials, and not GSA regulations.



Sec.  105-64.404  What must I do if I agree to an alternative amendment?

    If you agree to the alternative amendment proposed by the system 
manager, you must notify the manager in writing of your concurrence. The 
system manager will amend the record and send an amended copy to you and 
to anyone else who had previously received the record.



Sec.  105-64.405  Can I appeal a denial to amend a record?

    You may file an appeal within 30 workdays of a denial to amend your 
record by writing to the: GSA Privacy Act Officer (CIB), General 
Services Administration, 1800 F Street, NW., Washington, DC 20405. Mark 
both the envelope and the appeal letter ``Privacy Act Amendment 
Appeal.'' Appeals to amend records in a GSA employee's official 
personnel file will be sent to the Office of Personnel Management, 
Washington, DC 20415.

[[Page 524]]



Sec.  105-64.406  How will my appeal be handled?

    The GSA Privacy Act Officer will consult with legal counsel and 
appropriate GSA officials concerning your appeal. If they decide to 
reject your appeal, the Privacy Act Officer will provide the Deputy 
Administrator with all pertinent information about the case and request 
a final administrative decision. The Deputy Administrator may approve 
your amendment, in which case the Privacy Act Officer will notify you in 
writing, and the system manager will amend the record and send an 
amended copy to you and anyone who had previously been provided with the 
record. If the Deputy Administrator denies the appeal, he or she will 
notify you in writing of the reason for denial, of your right to a 
judicial review, and of your right to file a Statement of Disagreement. 
The amendment appeal review will be made within 30 workdays after the 
Privacy Act Officer receives your appeal. The Deputy Administrator may 
extend the time limit by notifying you in writing of the reason for the 
extension before the 30 days are up.



Sec.  105-64.407  How do I file a Statement of Disagreement?

    You may file a Statement of Disagreement with the system manager 
within 30 days of the denial to amend a record. The statement should 
explain why you believe the record to be inaccurate, irrelevant, 
untimely, or incomplete. The system manager will file the statement with 
your record, provide a copy to anyone who had previously received the 
record, and include a copy of it in any future disclosure.



Sec.  105-64.408  What is my recourse to a denial decision?

    You may file a civil action to have the GSA decision overturned 
within two years after denial of an amendment appeal. You may file the 
civil action in a Federal District Court where you live or have a 
principal place of business, where the records are maintained, or in the 
District of Columbia.



                 Subpart 105	64.5_Disclosure of Records



Sec.  105-64.501  Under what conditions may a record be disclosed 
without my consent?

    A system manager may disclose your record without your consent under 
the Privacy Act when the disclosure is: To GSA officials or employees in 
the performance of their official duties; required by the Freedom of 
Information Act; for a routine use stated in a Federal Register notice; 
to the Bureau of the Census for use in fulfilling its duties; for 
statistical research or reporting, and only when the record is not 
individually identifiable; to the National Archives and Records 
Administration (NARA) when the record has been determined to be of 
historical or other value that warrants permanent retention; to a U.S. 
law enforcement agency or instrumentality for a civil or criminal law 
enforcement purpose; under compelling circumstances affecting an 
individual's health and safety, and upon disclosure a notification will 
be sent to the individual; to Congress or its committees and 
subcommittees when the record material falls within their jurisdiction; 
to the Comptroller General or an authorized representative in the 
performance of the duties of the Government Accountability Office (GAO); 
under a court order; or to a consumer reporting agency under the Federal 
Claims Collection Act of 1966, 31 U.S.C. 3711.



Sec.  105-64.502  How do I find out if my record has been disclosed?

    You may request an accounting of the persons or agencies to whom 
your record has been disclosed, including the date and purpose of each 
disclosure, by writing to the system manager. Mark both the envelope and 
the letter ``Privacy Act Accounting Request''. The system manager will 
provide the requested information in the same way as that for granting 
access to records; see Subpart 105-64.2, providing no restrictions to 
disclosure or accounting of disclosures applies.

[[Page 525]]



Sec.  105-64.503  What is an accounting of disclosures?

    The system manager maintains an account of each record disclosure 
for five years or for the life of the record, whichever is longer. The 
accounting of disclosure information includes the name of the person or 
agency to whom your record has been provided, the date, the type of 
information disclosed, and the reason for disclosure. Other pertinent 
information, such as justifications for disclosure and any written 
consent that you may have provided, is also included. No accounting 
needs to be maintained for disclosures to GSA officials or employees in 
the performance of their duties, or disclosures under the Freedom of 
Information Act.



Sec.  105-64.504  Under what conditions will I be denied an accounting
of disclosures?

    The system manager will deny your request for an accounting of 
disclosures when the disclosures are to GSA officials or employees in 
the performance of their duties or disclosures under the Freedom of 
Information Act, for which no accounting is required; law enforcement 
agencies for law enforcement activities; and systems of records exempted 
by notice in the Federal Register. You may appeal a denial using the 
same procedures as those for denial of access to records, see Subpart 
105-64.3.



   Subpart 105	64.6_Establishing or Revising Systems of Records in GSA



Sec.  105-64.601  Procedures for establishing system of records.

    The following procedures apply to any proposed new or revised system 
of records:
    (a) Before establishing a new or revising an existing system of 
records, the system manager, with the concurrence of the appropriate 
Head of Service or Staff Office, will provide to the GSA Privacy Act 
Officer a proposal describing and justifying the new system or revision.
    (b) A Privacy Impact Assessment (PIA) will be filled out to 
determine if a system notice needs to be completed.
    (c) The GSA Privacy Act Officer will work with the program office to 
create the draft system of notice document.
    (d) The GSA Privacy Office will work with various offices to take 
the draft system notice through the concurrence process.
    (e) The GSA Privacy Act Officer will publish in the Federal Register 
a notice of intent to establish or revise the system of records at least 
30 calendar days before the planned system establishment or revision 
date.
    (f) The new or revised system becomes effective 30 days after the 
notice is published in the Federal Register unless submitted comments 
result in a revision to the notice, in which case, a new revised notice 
will be issued.
    (g) When publishing a new system notice letters will be sent to the 
Chairman, Committee on Homeland Security and Governmental Affairs, 
Chairman, Committee on Oversight and Government Reform, and the Docket 
Library Office of Information and Regulatory Affairs, Office of 
Management and Budget.



                Subpart 105	64.7_Assistance and Referrals



Sec.  105-64.701  Submittal of requests for assistance and referrals.

    Address requests for assistance involving GSA Privacy Act rules and 
procedures, or for referrals to system managers or GSA officials 
responsible for implementing these rules to: GSA Privacy Act Officer 
(CIB), General Services Administration, 1800 F Street, NW., Washington, 
DC 20405.



                   Subpart 105	64.8_Privacy Complaints



Sec.  105-64.801  How to file a privacy complaint.

    E-mail your complaint to [email protected] or send to: GSA 
Privacy Act Officer (CIB), General Services Administration, 1800 F 
Street NW., Washington, DC 20405. Please provide as much details about 
the complaint in the communication. Provide contact information where 
you prefer all communication to be sent. The Privacy Officer will 
conduct an investigation and consult with appropriate GSA

[[Page 526]]

officials and legal counsel to render a decision within 30 workdays of 
the complaint being received by the privacy office. The decision will be 
sent by the method the complaint was received.



Sec.  105-64.802  Can I appeal a decision to a privacy complaint?

    You may file an appeal within 30 workdays of a denial of a privacy 
complaint by writing to: GSA Privacy Act Officer (CIB), General Services 
Administration, 1800 F Street NW., Washington, DC 20405. Mark both the 
envelope and appeal letter ``Privacy Act Complaint appeal''.



Sec.  105-64.803  How will my appeal be handled?

    The Privacy Act Officer will consult with legal counsel and the 
appropriate GSA officials concerning your appeal. The decision will be 
made by the Senior Agency Official for Privacy. The decision will be 
sent within 30 workdays of the appeal being received by the privacy 
office. The decision provided in the appeal letter is the final 
recourse.





 Sec. Appendix A to Part 105-64--Addresses for Geographically Dispersed 
                                 Records

    Address requests for physically dispersed records, as noted in the 
system of records notices, to the Regional Privacy Act Coordinator, 
General Services Administration, at the appropriate regional GSA office, 
as follows:
    Great Lakes Region (includes Illinois, Indiana, Michigan, Ohio, 
Minnesota, and Wisconsin), 230 South Dearborn Street, Chicago, IL 60604-
1696.
    Greater Southwest Region (includes Arkansas, Louisiana, Oklahoma, 
New Mexico, and Texas), 819 Taylor Street, Fort Worth, TX 76102.
    Mid-Atlantic Region (includes Delaware, Maryland, Pennsylvania, 
Virginia, and West Virginia, but excludes the National Capital Region), 
The Strawbridge Building, 20 North 8th Street, Philadelphia, PA 19107-
3191.
    National Capital Region (includes the District of Columbia; the 
counties of Montgomery and Prince George's in Maryland; the city of 
Alexandria, Virginia; and the counties of Arlington, Fairfax, Loudoun, 
and Prince William in Virginia), 7th and D Streets, SW., Washington, DC 
20407.
    New England Region (includes Connecticut, Maine, Massachusetts, New 
Hampshire, Rhode Island, and Vermont), 10 Causeway Street, Boston, MA 
02222.
    Northeast and Caribbean Region (includes New Jersey, New York, 
Puerto Rico, and Virgin Islands), 26 Federal Plaza, New York, NY 10278.
    Northwest/Arctic Region (includes Alaska, Idaho, Oregon, and 
Washington), 400 15th Street, SW., Auburn, WA 98001-6599.
    Pacific Rim Region (includes Arizona, California, Hawaii, and 
Nevada), 450 Golden Gate Avenue, San Francisco, CA 94102-3400.
    Rocky Mountain Region (includes Colorado, Montana, North Dakota, 
South Dakota, Utah, and Wyoming), U.S. General Services Administration, 
DFC, Bldg. 41, Rm. 210, P.O. Box 25006, Denver, CO 80225-0006.
    Southeast-Sunbelt Region (includes Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee), 
Office of the Regional Administrator (4A), 77 Forsyth Street, Atlanta, 
GA 30303.
    The Heartland Region (includes Iowa, Kansas, Missouri, and 
Nebraska), 1500 East Bannister Road, Kansas City, MO 64131-3088.



PART 105	67_SALE OF PERSONAL PROPERTY--Table of Contents



Sec.
105-67.100 Scope of subpart.
105-67.101 Debarred, suspended and ineligible contractors.

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



Sec.  105-67.100  Scope of subpart.

    This subpart prescribes policies and procedures governing the 
debarment or suspension of contractors from purchases of Federal 
personal property (see FPMR part 101-45).

[51 FR 13500, Apr. 21, 1986]



Sec.  105-67.101  Debarred, suspended and ineligible contractors.

    The policies, procedures and requirements of subpart 509.4 of the 
General Services Administration Acquisition Regulation (GSAR) are 
incorporated by reference and made applicable to contracts for, and to 
contractors who engage in, the purchase of Federal personal property.

[51 FR 13500, Apr. 21, 1986]

[[Page 527]]



PART 105	68_GOVERNMENTWIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)--Table of Contents



Sec.
105-68.25 How is this part organized?
105-68.50 How is this part written?
105-68.75 Do terms in this part have special meanings?

                            Subpart A_General

105-68.100 What does this part do?
105-68.105 Does this part apply to me?
105-68.110 What is the purpose of the nonprocurement debarment and 
          suspension system?
105-68.115 How does an exclusion restrict a person's involvement in 
          covered transactions?
105-68.120 May we grant an exception to let an excluded person 
          participate in a covered transaction?
105-68.125 Does an exclusion under the nonprocurement system affect a 
          person's eligibility for Federal procurement contracts?
105-68.130 Does exclusion under the Federal procurement system affect a 
          person's eligibility to participate in nonprocurement 
          transactions?
105-68.135 May the General Services Administration exclude a person who 
          is not currently participating in a nonprocurement 
          transaction?
105-68.140 How do I know if a person is excluded?
105-68.145 Does this part address persons who are disqualified, as well 
          as those who are excluded from nonprocurement transactions?

                     Subpart B_Covered Transactions

105-68.200 What is a covered transaction?
105-68.205 Why is it important to know if a particular transaction is a 
          covered transaction?
105-68.210 Which nonprocurement transactions are covered transactions?
105-68.215 Which nonprocurement transactions are not covered 
          transactions?
105-68.220 Are any procurement contracts included as covered 
          transactions?
105-68.225 How do I know if a transaction in which I may participate is 
          a covered transaction?

    Subpart C_Responsibilities of Participants Regarding Transactions

                    Doing Business With Other Persons

105-68.300 What must I do before I enter into a covered transaction with 
          another person at the next lower tier?
105-68.305 May I enter into a covered transaction with an excluded or 
          disqualified person?
105-68.310 What must I do if a Federal agency excludes a person with 
          whom I am already doing business in a covered transaction?
105-68.315 May I use the services of an excluded person as a principal 
          under a covered transaction?
105-68.320 Must I verify that principals of my covered transactions are 
          eligible to participate?
105-68.325 What happens if I do business with an excluded person in a 
          covered transaction?
105-68.330 What requirements must I pass down to persons at lower tiers 
          with whom I intend to do business?

            Disclosing Information--Primary Tier Participants

105-68.335 What information must I provide before entering into a 
          covered transaction with the General Services Administration?
105-68.340 If I disclose unfavorable information required under Sec.  
          105-68.335, will I be prevented from participating in the 
          transaction?
105-68.345 What happens if I fail to disclose the information required 
          under Sec.  105-68.335?
105-68.350 What must I do if I learn of the information required under 
          Sec.  105-68.335 after entering into a covered transaction 
          with the General Services Administration?

             Disclosing Information--Lower Tier Participants

105-68.355 What information must I provide to a higher tier participant 
          before entering into a covered transaction with that 
          participant?
105-68.360 What happens if I fail to disclose the information required 
          under Sec.  105-68.355?
105-68.365 What must I do if I learn of information required under Sec.  
          105-68.355 after entering into a covered transaction with a 
          higher tier participant?

   Subpart D_Responsibilities of GSA Officials Regarding Transactions

105-68.400 May I enter into a transaction with an excluded or 
          disqualified person?
105-68.405 May I enter into a covered transaction with a participant if 
          a principal of the transaction is excluded?
105-68.410 May I approve a participant's use of the services of an 
          excluded person?
105-68.415 What must I do if a Federal agency excludes the participant 
          or a principal after I enter into a covered transaction?

[[Page 528]]

105-68.420 May I approve a transaction with an excluded or disqualified 
          person at a lower tier?
105-68.425 When do I check to see if a person is excluded or 
          disqualified?
105-68.430 How do I check to see if a person is excluded or 
          disqualified?
105-68.435 What must I require of a primary tier participant?
105-68.440 What method do I use to communicate those requirements to 
          participants?
105-68.445 What action may I take if a primary tier participant 
          knowingly does business with an excluded or disqualified 
          person?
105-68.450 What action may I take if a primary tier participant fails to 
          disclose the information required under Sec.  105-68.335?
105-68.455 What may I do if a lower tier participant fails to disclose 
          the information required under Sec.  105-68.355 to the next 
          higher tier?

                 Subpart E_Excluded Parties List System

105-68.500 What is the purpose of the Excluded Parties List System 
          (EPLS)?
105-68.505 Who uses the EPLS?
105-68.510 Who maintains the EPLS?
105-68.515 What specific information is in the EPLS?
105-68.520 Who places the information into the EPLS?
105-68.525 Whom do I ask if I have questions about a person in the EPLS?
105-68.530 Where can I find the EPLS?

   Subpart F_General Principles Relating to Suspension and Debarment 
                                 Actions

105-68.600 How do suspension and debarment actions start?
105-68.605 How does suspension differ from debarment?
105-68.610 What procedures does the General Services Administration use 
          in suspension and debarment actions?
105-68.615 How does the General Services Administration notify a person 
          of a suspension and debarment action?
105-68.620 Do Federal agencies coordinate suspension and debarment 
          actions?
105-68.625 What is the scope of a suspension or debarment action?
105-68.630 May the General Services Administration impute the conduct of 
          one person to another?
105-68.635 May the General Services Administration settle a debarment or 
          suspension action?
105-68.640 May a settlement include a voluntary exclusion?
105-68.645 Do other Federal agencies know if the General Services 
          Administration agrees to a voluntary exclusion?

                          Subpart G_Suspension

105-68.700 When may the suspending official issue a suspension?
105-68.705 What does the suspending official consider in issuing a 
          suspension?
105-68.710 When does a suspension take effect?
105-68.715 What notice does the suspending official give me if I am 
          suspended?
105-68.720 How may I contest a suspension?
105-68.725 How much time do I have to contest a suspension?
105-68.730 What information must I provide to the suspending official if 
          I contest a suspension?
105-68.735 Under what conditions do I get an additional opportunity to 
          challenge the facts on which the suspension is based?
105-68.740 Are suspension proceedings formal?
105-68.745 How is fact-finding conducted?
105-68.750 What does the suspending official consider in deciding 
          whether to continue or terminate my suspension?
105-68.755 When will I know whether the suspension is continued or 
          terminated?
105-68.760 How long may my suspension last?

                           Subpart H_Debarment

105-68.800 What are the causes for debarment?
105-68.805 What notice does the debarring official give me if I am 
          proposed for debarment?
105-68.810 When does a debarment take effect?
105-68.815 How may I contest a proposed debarment?
105-68.820 How much time do I have to contest a proposed debarment?
105-68.825 What information must I provide to the debarring official if 
          I contest a proposed debarment?
105-68.830 Under what conditions do I get an additional opportunity to 
          challenge the facts on which the proposed debarment is based?
105-68.835 Are debarment proceedings formal?
105-68.840 How is fact-finding conducted?
105-68.845 What does the debarring official consider in deciding whether 
          to debar me?
105-68.850 What is the standard of proof in a debarment action?
105-68.855 Who has the burden of proof in a debarment action?
105-68.860 What factors may influence the debarring official's decision?
105-68.865 How long may my debarment last?
105-68.870 When do I know if the debarring official debars me?

[[Page 529]]

105-68.875 May I ask the debarring official to reconsider a decision to 
          debar me?
105-68.880 What factors may influence the debarring official during 
          reconsideration?
105-68.885 May the debarring official extend a debarment?

                          Subpart I_Definitions

105-68.900 Adequate evidence.
105-68.905 Affiliate.
105-68.910 Agency.
105-68.915 Agent or representative.
105-68.920 Civil judgment.
105-68.925 Conviction.
105-68.930 Debarment.
105-68.935 Debarring official.
105-68.940 Disqualified.
105-68.945 Excluded or exclusion.
105-68.950 Excluded Parties List System.
105-68.955 Indictment.
105-68.960 Ineligible or ineligibility.
105-68.965 Legal proceedings.
105-68.970 Nonprocurement transaction.
105-68.975 Notice.
105-68.980 Participant.
105-68.985 Person.
105-68.990 Preponderance of the evidence.
105-68.995 Principal.
105-68.1000 Respondent.
105-68.1005 State.
105-68.1010 Suspending official.
105-68.1015 Suspension.
105-68.1020 Voluntary exclusion or voluntarily excluded.

Subpart J [Reserved]

Appendix to Part 105-68--Covered Transactions

    Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 
CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235.

    Source: 68 FR 66626, 66627, Nov. 26, 2003, unless otherwise noted.



Sec.  105-68.25  How is this part organized?

    (a) This part is subdivided into ten subparts. Each subpart contains 
information related to a broad topic or specific audience with special 
responsibilities, as shown in the following table:

------------------------------------------------------------------------
                                             You will find provisions
            In subpart . . .                     related to . . .
------------------------------------------------------------------------
A......................................  general information about this
                                          rule.
B......................................  the types of GSA transactions
                                          that are covered by the
                                          Governmentwide nonprocurement
                                          suspension and debarment
                                          system.
C......................................  the responsibilities of persons
                                          who participate in covered
                                          transactions.
D......................................  the responsibilities of GSA
                                          officials who are authorized
                                          to enter into covered
                                          transactions.
E......................................  the responsibilities of Federal
                                          agencies for the Excluded
                                          Parties List System
                                          (Disseminated by the General
                                          Services Administration).
F......................................  the general principles
                                          governing suspension,
                                          debarment, voluntary exclusion
                                          and settlement.
G......................................  suspension actions.
H......................................  debarment actions.
I......................................  definitions of terms used in
                                          this part.
J......................................  [Reserved]
------------------------------------------------------------------------

    (b) The following table shows which subparts may be of special 
interest to you, depending on who you are:

------------------------------------------------------------------------
             If you are . . .                   See subpart(s) . . .
------------------------------------------------------------------------
(1) a participant or principal in a         A, B, C, and I.
 nonprocurement transaction.
(2) a respondent in a suspension action...  A, B, F, G and I.
(3) a respondent in a debarment action....  A, B, F, H and I.
(4) a suspending official.................  A, B, D, E, F, G and I.
(5) a debarring official..................  A, B, D, E, F, H and I.
(6) a (n) GSA official authorized to enter  A, B, D, E and I.
 into a covered transaction.
(7) Reserved..............................  J.
------------------------------------------------------------------------



Sec.  105-68.50  How is this part written?

    (a) This part uses a ``plain language'' format to make it easier for 
the general public and business community to use. The section headings 
and text, often in the form of questions and answers, must be read 
together.
    (b) Pronouns used within this part, such as ``I'' and ``you,'' 
change from subpart to subpart depending on the audience being 
addressed. The pronoun ``we'' always is the General Services 
Administration.
    (c) The ``Covered Transactions'' diagram in the appendix to this 
part shows the levels or ``tiers'' at which the General Services 
Administration enforces an exclusion under this part.



Sec.  105-68.75  Do terms in this part have special meanings?

    This part uses terms throughout the text that have special meaning. 
Those terms are defined in Subpart I of this part. For example, three 
important terms are--
    (a) Exclusion or excluded, which refers only to discretionary 
actions taken by a suspending or debarring official under this part or 
the Federal Acquisition Regulation (48 CFR part 9, subpart 9.4);

[[Page 530]]

    (b) Disqualification or disqualified, which refers to prohibitions 
under specific statutes, executive orders (other than Executive Order 
12549 and Executive Order 12689), or other authorities. 
Disqualifications frequently are not subject to the discretion of an 
agency official, may have a different scope than exclusions, or have 
special conditions that apply to the disqualification; and
    (c) Ineligibility or ineligible, which generally refers to a person 
who is either excluded or disqualified.



                            Subpart A_General



Sec.  105-68.100  What does this part do?

    This part adopts a governmentwide system of debarment and suspension 
for GSA nonprocurement activities. It also provides for reciprocal 
exclusion of persons who have been excluded under the Federal 
Acquisition Regulation, and provides for the consolidated listing of all 
persons who are excluded, or disqualified by statute, executive order, 
or other legal authority. This part satisfies the requirements in 
section 3 of Executive Order 12549, ``Debarment and Suspension'' (3 CFR 
1986 Comp., p. 189), Executive Order 12689, ``Debarment and Suspension'' 
(3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Public 
Law 103-355, 108 Stat. 3327).



Sec.  105-68.105  Does this part apply to me?

    Portions of this part (see table at Sec.  105-68.25(b)) apply to you 
if you are a(n)--
    (a) Person who has been, is, or may reasonably be expected to be, a 
participant or principal in a covered transaction;
    (b) Respondent (a person against whom the General Services 
Administration has initiated a debarment or suspension action);
    (c) GSA debarring or suspending official; or
    (d) GSA official who is authorized to enter into covered 
transactions with non-Federal parties.



Sec.  105-68.110  What is the purpose of the nonprocurement debarment
and suspension system?

    (a) To protect the public interest, the Federal Government ensures 
the integrity of Federal programs by conducting business only with 
responsible persons.
    (b) A Federal agency uses the nonprocurement debarment and 
suspension system to exclude from Federal programs persons who are not 
presently responsible.
    (c) An exclusion is a serious action that a Federal agency may take 
only to protect the public interest. A Federal agency may not exclude a 
person or commodity for the purposes of punishment.



Sec.  105-68.115  How does an exclusion restrict a person's involvement
in covered transactions?

    With the exceptions stated in Sec. Sec.  105-68.120, 105-68.315, and 
105-68.420, a person who is excluded by the General Services 
Administration or any other Federal agency may not:
    (a) Be a participant in a(n) GSA transaction that is a covered 
transaction under subpart B of this part;
    (b) Be a participant in a transaction of any other Federal agency 
that is a covered transaction under that agency's regulation for 
debarment and suspension; or
    (c) Act as a principal of a person participating in one of those 
covered transactions.



Sec.  105-68.120  May we grant an exception to let an excluded person 
participate in a covered transaction?

    (a) The Administrator of General Services may grant an exception 
permitting an excluded person to participate in a particular covered 
transaction. If the Administrator of General Services grants an 
exception, the exception must be in writing and state the reason(s) for 
deviating from the governmentwide policy in Executive Order 12549.
    (b) An exception granted by one agency for an excluded person does 
not extend to the covered transactions of another agency.

[[Page 531]]



Sec.  105-68.125  Does an exclusion under the nonprocurement system 
affect a person's eligibility for Federal procurement contracts?

    If any Federal agency excludes a person under its nonprocurement 
common rule on or after August 25, 1995, the excluded person is also 
ineligible to participate in Federal procurement transactions under the 
FAR. Therefore, an exclusion under this part has reciprocal effect in 
Federal procurement transactions.



Sec.  105-68.130  Does exclusion under the Federal procurement system 
affect a person's eligibility to participate in nonprocurement transactions?

    If any Federal agency excludes a person under the FAR on or after 
August 25, 1995, the excluded person is also ineligible to participate 
in nonprocurement covered transactions under this part. Therefore, an 
exclusion under the FAR has reciprocal effect in Federal nonprocurement 
transactions.



Sec.  105-68.135  May the General Services Administration exclude a 
person who is not currently participating in a nonprocurement transaction?

    Given a cause that justifies an exclusion under this part, we may 
exclude any person who has been involved, is currently involved, or may 
reasonably be expected to be involved in a covered transaction.



Sec.  105-68.140  How do I know if a person is excluded?

    Check the Excluded Parties List System (EPLS) to determine whether a 
person is excluded. The General Services Administration (GSA) maintains 
the EPLS and makes it available, as detailed in subpart E of this part. 
When a Federal agency takes an action to exclude a person under the 
nonprocurement or procurement debarment and suspension system, the 
agency enters the information about the excluded person into the EPLS.



Sec.  105-68.145  Does this part address persons who are disqualified,
as well as those who are excluded from nonprocurement transactions?

    Except if provided for in Subpart J of this part, this part--
    (a) Addresses disqualified persons only to--
    (1) Provide for their inclusion in the EPLS; and
    (2) State responsibilities of Federal agencies and participants to 
check for disqualified persons before entering into covered 
transactions.
    (b) Does not specify the--
    (1) GSA transactions for which a disqualified person is ineligible. 
Those transactions vary on a case-by-case basis, because they depend on 
the language of the specific statute, Executive order, or regulation 
that caused the disqualification;
    (2) Entities to which the disqualification applies; or
    (3) Process that the agency uses to disqualify a person. Unlike 
exclusion, disqualification is frequently not a discretionary action 
that a Federal agency takes.



                     Subpart B_Covered Transactions



Sec.  105-68.200  What is a covered transaction?

    A covered transaction is a nonprocurement or procurement transaction 
that is subject to the prohibitions of this part. It may be a 
transaction at--
    (a) The primary tier, between a Federal agency and a person (see 
appendix to this part); or
    (b) A lower tier, between a participant in a covered transaction and 
another person.



Sec.  105-68.205  Why is it important if a particular transaction 
is a covered transaction?

    The importance of a covered transaction depends upon who you are.
    (a) As a participant in the transaction, you have the 
responsibilities laid out in subpart C of this part. Those include 
responsibilities to the person or Federal agency at the next higher tier 
from whom you received the transaction, if any. They also include 
responsibilities if you subsequently enter into other covered 
transactions with persons at the next lower tier.
    (b) As a Federal official who enters into a primary tier 
transaction, you have the responsibilities laid out in subpart D of this 
part.

[[Page 532]]

    (c) As an excluded person, you may not be a participant or principal 
in the transaction unless--
    (1) The person who entered into the transaction with you allows you 
to continue your involvement in a transaction that predates your 
exclusion, as permitted under Sec.  105-68.310 or Sec.  105-68.415; or
    (2) A(n) GSA official obtains an exception from the Administrator of 
General Services to allow you to be involved in the transaction, as 
permitted under Sec.  105-68.120.



Sec.  105-68.210  Which nonprocurement transactions are covered 
transactions?

    All nonprocurement transactions, as defined in Sec.  105-68.970, are 
covered transactions unless listed in Sec.  105-68.215. (See appendix to 
this part.)



Sec.  105-68.215  Which nonprocurement transactions are not covered 
transactions?

    The following types of nonprocurement transactions are not covered 
transactions:
    (a) A direct award to--
    (1) A foreign government or foreign governmental entity;
    (2) A public international organization;
    (3) An entity owned (in whole or in part) or controlled by a foreign 
government; or
    (4) Any other entity consisting wholly or partially of one or more 
foreign governments or foreign governmental entities.
    (b) A benefit to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted). For example, if 
a person receives social security benefits under the Supplemental 
Security Income provisions of the Social Security Act, 42 U.S.C. 1301 et 
seq., those benefits are not covered transactions and, therefore, are 
not affected if the person is excluded.
    (c) Federal employment.
    (d) A transaction that the General Services Administration needs to 
respond to a national or agency-recognized emergency or disaster.
    (e) A permit, license, certificate, or similar instrument issued as 
a means to regulate public health, safety, or the environment, unless 
the General Services Administration specifically designates it to be a 
covered transaction.
    (f) An incidental benefit that results from ordinary governmental 
operations.
    (g) Any other transaction if the application of an exclusion to the 
transaction is prohibited by law.



Sec.  105-68.220  Are any procurement contracts included as covered 
transactions?

    (a) Covered transactions under this part--
    (1) Do not include any procurement contracts awarded directly by a 
Federal agency; but
    (2) Do include some procurement contracts awarded by non-Federal 
participants in nonprocurement covered transactions (see appendix to 
this part).
    (b) Specifically, a contract for goods or services is a covered 
transaction if any of the following applies:
    (1) The contract is awarded by a participant in a nonprocurement 
transaction that is covered under Sec.  105-68.210, and the amount of 
the contract is expected to equal or exceed $25,000.
    (2) The contract requires the consent of a(n) GSA official. In that 
case, the contract, regardless of the amount, always is a covered 
transaction, and it does not matter who awarded it. For example, it 
could be a subcontract awarded by a contractor at a tier below a 
nonprocurement transaction, as shown in the appendix to this part.
    (3) The contract is for federally-required audit services.



Sec.  105-68.225  How do I know if a transaction in which I may
participate is a covered transaction?

    As a participant in a transaction, you will know that it is a 
covered transaction because the agency regulations governing the 
transaction, the appropriate agency official, or participant at the next 
higher tier who enters into the transaction with you, will tell you that 
you must comply with applicable portions of this part.

[[Page 533]]



    Subpart C_Responsibilities of Participants Regarding Transactions

                    Doing Business With Other Persons



Sec.  105-68.300  What must I do before I enter into a covered
transaction with another person at the next lower tier?

    When you enter into a covered transaction with another person at the 
next lower tier, you must verify that the person with whom you intend to 
do business is not excluded or disqualified. You do this by:
    (a) Checking the EPLS; or
    (b) Collecting a certification from that person if allowed by this 
rule; or
    (c) Adding a clause or condition to the covered transaction with 
that person.



Sec.  105-68.305  May I enter into a covered transaction with an 
excluded or disqualified person?

    (a) You as a participant may not enter into a covered transaction 
with an excluded person, unless the General Services Administration 
grants an exception under Sec.  105-68.120.
    (b) You may not enter into any transaction with a person who is 
disqualified from that transaction, unless you have obtained an 
exception under the disqualifying statute, Executive order, or 
regulation.



Sec.  105-68.310  What must I do if a Federal agency excludes a
person with whom I am already doing business in a covered transaction?

    (a) You as a participant may continue covered transactions with an 
excluded person if the transactions were in existence when the agency 
excluded the person. However, you are not required to continue the 
transactions, and you may consider termination. You should make a 
decision about whether to terminate and the type of termination action, 
if any, only after a thorough review to ensure that the action is proper 
and appropriate.
    (b) You may not renew or extend covered transactions (other than no-
cost time extensions) with any excluded person, unless the General 
Services Administration grants an exception under Sec.  105-68.120.



Sec.  105-68.315  May I use the services of an excluded person as
a principal under a covered transaction?

    (a) You as a participant may continue to use the services of an 
excluded person as a principal under a covered transaction if you were 
using the services of that person in the transaction before the person 
was excluded. However, you are not required to continue using that 
person's services as a principal. You should make a decision about 
whether to discontinue that person's services only after a thorough 
review to ensure that the action is proper and appropriate.
    (b) You may not begin to use the services of an excluded person as a 
principal under a covered transaction unless the General Services 
Administration grants an exception under Sec.  105-68.120.



Sec.  105-68.320  Must I verify that principals of my covered 
transactions are eligible to participate?

    Yes, you as a participant are responsible for determining whether 
any of your principals of your covered transactions is excluded or 
disqualified from participating in the transaction. You may decide the 
method and frequency by which you do so. You may, but you are not 
required to, check the EPLS.



Sec.  105-68.325  What happens if I do business with an excluded person
in a covered transaction?

    If as a participant you knowingly do business with an excluded 
person, we may disallow costs, annul or terminate the transaction, issue 
a stop work order, debar or suspend you, or take other remedies as 
appropriate.



Sec.  105-68.330  What requirements must I pass down to persons at lower
tiers with whom I intend to do business?

    Before entering into a covered transaction with a participant at the 
next lower tier, you must require that participant to--
    (a) Comply with this subpart as a condition of participation in the 
transaction. You may do so using any method(s), unless Sec.  105-68.440 
requires you to use specific methods.
    (b) Pass the requirement to comply with this subpart to each person 
with

[[Page 534]]

whom the participant enters into a covered transaction at the next lower 
tier.

            Disclosing Information--Primary Tier Participants



Sec.  105-68.335  What information must I provide before entering into
a covered transaction with the General Services Administration?

    Before you enter into a covered transaction at the primary tier, you 
as the participant must notify the GSA office that is entering into the 
transaction with you, if you know that you or any of the principals for 
that covered transaction:
    (a) Are presently excluded or disqualified;
    (b) Have been convicted within the preceding three years of any of 
the offenses listed in Sec.  105-68.800(a) or had a civil judgment 
rendered against you for one of those offenses within that time period;
    (c) Are presently indicted for or otherwise criminally or civilly 
charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses listed in Sec.  105-68.800(a); or
    (d) Have had one or more public transactions (Federal, State, or 
local) terminated within the preceding three years for cause or default.



Sec.  105-68.340  If I disclose unfavorable information required under
Sec.  105-68.335, will I be prevented from participating in the transaction?

    As a primary tier participant, your disclosure of unfavorable 
information about yourself or a principal under Sec.  105-68.335 will 
not necessarily cause us to deny your participation in the covered 
transaction. We will consider the information when we determine whether 
to enter into the covered transaction. We also will consider any 
additional information or explanation that you elect to submit with the 
disclosed information.



Sec.  105-68.345  What happens if I fail to disclose information required
under Sec.  105-68.335?

    If we later determine that you failed to disclose information under 
Sec.  105-68.335 that you knew at the time you entered into the covered 
transaction, we may--
    (a) Terminate the transaction for material failure to comply with 
the terms and conditions of the transaction; or
    (b) Pursue any other available remedies, including suspension and 
debarment.



Sec.  105-68.350  What must I do if I learn of information required under
Sec.  105-68.335 after entering into a covered transaction with the General
Services Administration?

    At any time after you enter into a covered transaction, you must 
give immediate written notice to the GSA office with which you entered 
into the transaction if you learn either that--
    (a) You failed to disclose information earlier, as required by Sec.  
105-68.335; or
    (b) Due to changed circumstances, you or any of the principals for 
the transaction now meet any of the criteria in Sec.  105-68.335.

             Disclosing Information--Lower Tier Participants



Sec.  105-68.355  What information must I provide to a higher tier
participant before entering into a covered transaction with that
participant?

    Before you enter into a covered transaction with a person at the 
next higher tier, you as a lower tier participant must notify that 
person if you know that you or any of the principals are presently 
excluded or disqualified.



Sec.  105-68.360  What happens if I fail to disclose the information
required under Sec.  105-68.355?

    If we later determine that you failed to tell the person at the 
higher tier that you were excluded or disqualified at the time you 
entered into the covered transaction with that person, we may pursue any 
available remedies, including suspension and debarment.



Sec.  105-68.365  What must I do if I learn of information required
under Sec.  105-68.355 after entering into a covered transaction with
a higher tier participant?

    At any time after you enter into a lower tier covered transaction 
with a

[[Page 535]]

person at a higher tier, you must provide immediate written notice to 
that person if you learn either that--
    (a) You failed to disclose information earlier, as required by Sec.  
105-68.355; or
    (b) Due to changed circumstances, you or any of the principals for 
the transaction now meet any of the criteria in Sec.  105-68.355.



   Subpart D_Responsibilities of GSA Officials Regarding Transactions



Sec.  105-68.400  May I enter into a transaction with an excluded
or disqualified person?

    (a) You as an agency official may not enter into a covered 
transaction with an excluded person unless you obtain an exception under 
Sec.  105-68.120.
    (b) You may not enter into any transaction with a person who is 
disqualified from that transaction, unless you obtain a waiver or 
exception under the statute, Executive order, or regulation that is the 
basis for the person's disqualification.



Sec.  105-68.405  May I enter into a covered transaction with a 
participant if a principal of the transaction is excluded?

    As an agency official, you may not enter into a covered transaction 
with a participant if you know that a principal of the transaction is 
excluded, unless you obtain an exception under Sec.  105-68.120.



Sec.  105-68.410  May I approve a participant's use of the services
of an excluded person?

    After entering into a covered transaction with a participant, you as 
an agency official may not approve a participant's use of an excluded 
person as a principal under that transaction, unless you obtain an 
exception under Sec.  105-68.120.



Sec.  105-68.415  What must I do if a Federal agency excludes the 
participant or a principal after I enter into a covered transaction?

    (a) You as an agency official may continue covered transactions with 
an excluded person, or under which an excluded person is a principal, if 
the transactions were in existence when the person was excluded. You are 
not required to continue the transactions, however, and you may consider 
termination. You should make a decision about whether to terminate and 
the type of termination action, if any, only after a thorough review to 
ensure that the action is proper.
    (b) You may not renew or extend covered transactions (other than no-
cost time extensions) with any excluded person, or under which an 
excluded person is a principal, unless you obtain an exception under 
Sec.  105-68.120.



Sec.  105-68.420  May I approve a transaction with an excluded or
disqualified person at a lower tier?

    If a transaction at a lower tier is subject to your approval, you as 
an agency official may not approve--
    (a) A covered transaction with a person who is currently excluded, 
unless you obtain an exception under Sec.  105-68.120; or
    (b) A transaction with a person who is disqualified from that 
transaction, unless you obtain a waiver or exception under the statute, 
Executive order, or regulation that is the basis for the person's 
disqualification.



Sec.  105-68.425  When do I check to see if a person is excluded
or disqualified?

    As an agency official, you must check to see if a person is excluded 
or disqualified before you--
    (a) Enter into a primary tier covered transaction;
    (b) Approve a principal in a primary tier covered transaction;
    (c) Approve a lower tier participant if agency approval of the lower 
tier participant is required; or
    (d) Approve a principal in connection with a lower tier transaction 
if agency approval of the principal is required.



Sec.  105-68.430  How do I check to see if a person is excluded or
disqualified?

    You check to see if a person is excluded or disqualified in two 
ways:
    (a) You as an agency official must check the EPLS when you take any 
action listed in Sec.  105-68.425.
    (b) You must review information that a participant gives you, as 
required by Sec.  105-68.335, about its status or the status of the 
principals of a transaction.

[[Page 536]]



Sec.  105-68.435  What must I require of a primary tier participant?

    You as an agency official must require each participant in a primary 
tier covered transaction to--
    (a) Comply with subpart C of this part as a condition of 
participation in the transaction; and
    (b) Communicate the requirement to comply with Subpart C of this 
part to persons at the next lower tier with whom the primary tier 
participant enters into covered transactions.



Sec.  105-68.440  What method do I use to communicate those requirements
to participants?

    To communicate the requirement, you must include a term or condition 
in the transaction requiring the participants' compliance with subpart C 
of this part and requiring them to include a similar term or condition 
in lower-tier covered transactions.

[68 FR 66627, Nov. 26, 2003]



Sec.  105-68.445  What action may I take if a primary tier participant
knowingly does business with an excluded or disqualified person?

    If a participant knowingly does business with an excluded or 
disqualified person, you as an agency official may refer the matter for 
suspension and debarment consideration. You may also disallow costs, 
annul or terminate the transaction, issue a stop work order, or take any 
other appropriate remedy.



Sec.  105-68.450  What action may I take if a primary tier participant
fails to disclose the information required under Sec.  105-68.335?

    If you as an agency official determine that a participant failed to 
disclose information, as required by Sec.  105-68.335, at the time it 
entered into a covered transaction with you, you may--
    (a) Terminate the transaction for material failure to comply with 
the terms and conditions of the transaction; or
    (b) Pursue any other available remedies, including suspension and 
debarment.



Sec.  105-68.455  What may I do if a lower tier participant fails to
disclose the information required under Sec.  105-68.355 to the next
higher tier?

    If you as an agency official determine that a lower tier participant 
failed to disclose information, as required by Sec.  105-68.355, at the 
time it entered into a covered transaction with a participant at the 
next higher tier, you may pursue any remedies available to you, 
including the initiation of a suspension or debarment action.



                 Subpart E_Excluded Parties List System



Sec.  105-68.500  What is the purpose of the Excluded Parties List 
System (EPLS)?

    The EPLS is a widely available source of the most current 
information about persons who are excluded or disqualified from covered 
transactions.



Sec.  105-68.505  Who uses the EPLS?

    (a) Federal agency officials use the EPLS to determine whether to 
enter into a transaction with a person, as required under Sec.  105-
68.430.
    (b) Participants also may, but are not required to, use the EPLS to 
determine if--
    (1) Principals of their transactions are excluded or disqualified, 
as required under Sec.  105-68.320; or
    (2) Persons with whom they are entering into covered transactions at 
the next lower tier are excluded or disqualified.
    (c) The EPLS is available to the general public.



Sec.  105-68.510  Who maintains the EPLS?

    In accordance with the OMB guidelines, the General Services 
Administration (GSA) maintains the EPLS. When a Federal agency takes an 
action to exclude a person under the nonprocurement or procurement 
debarment and suspension system, the agency enters the information about 
the excluded person into the EPLS.



Sec.  105-68.515  What specific information is in the EPLS?

    (a) At a minimum, the EPLS indicates--

[[Page 537]]

    (1) The full name (where available) and address of each excluded or 
disqualified person, in alphabetical order, with cross references if 
more than one name is involved in a single action;
    (2) The type of action;
    (3) The cause for the action;
    (4) The scope of the action;
    (5) Any termination date for the action;
    (6) The agency and name and telephone number of the agency point of 
contact for the action; and
    (7) The Dun and Bradstreet Number (DUNS), or other similar code 
approved by the GSA, of the excluded or disqualified person, if 
available.
    (b)(1) The database for the EPLS includes a field for the Taxpayer 
Identification Number (TIN) (the social security number (SSN) for an 
individual) of an excluded or disqualified person.
    (2) Agencies disclose the SSN of an individual to verify the 
identity of an individual, only if permitted under the Privacy Act of 
1974 and, if appropriate, the Computer Matching and Privacy Protection 
Act of 1988, as codified in 5 U.S.C. 552(a).



Sec.  105-68.520  Who places the information into the EPLS?

    Federal officials who take actions to exclude persons under this 
part or officials who are responsible for identifying disqualified 
persons must enter the following information about those persons into 
the EPLS:
    (a) Information required by Sec.  105-68.515(a);
    (b) The Taxpayer Identification Number (TIN) of the excluded or 
disqualified person, including the social security number (SSN) for an 
individual, if the number is available and may be disclosed under law;
    (c) Information about an excluded or disqualified person, generally 
within five working days, after--
    (1) Taking an exclusion action;
    (2) Modifying or rescinding an exclusion action;
    (3) Finding that a person is disqualified; or
    (4) Finding that there has been a change in the status of a person 
who is listed as disqualified.



Sec.  105-68.525  Whom do I ask if I have questions about a person
in the EPLS?

    If you have questions about a person in the EPLS, ask the point of 
contact for the Federal agency that placed the person's name into the 
EPLS. You may find the agency point of contact from the EPLS.



Sec.  105-68.530  Where can I find the EPLS?

    (a) You may access the EPLS through the Internet, currently at 
http://epls.arnet.gov.
    (b) As of November 26, 2003, you may also subscribe to a printed 
version. However, we anticipate discontinuing the printed version. Until 
it is discontinued, you may obtain the printed version by purchasing a 
yearly subscription from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402, or by calling the 
Government Printing Office Inquiry and Order Desk at (202) 783-3238.



   Subpart F_General Principles Relating to Suspension and Debarment 
                                 Actions



Sec.  105-68.600  How do suspension and debarment actions start?

    When we receive information from any source concerning a cause for 
suspension or debarment, we will promptly report and investigate it. We 
refer the question of whether to suspend or debar you to our suspending 
or debarring official for consideration, if appropriate.



Sec.  105-68.605  How does suspension differ from debarment?

    Suspension differs from debarment in that--

[[Page 538]]



------------------------------------------------------------------------
      A suspending official . . .           A debarring official . . .
------------------------------------------------------------------------
(a) Imposes suspension as a temporary    Imposes debarment for a
 status of ineligibility for              specified period as a final
 procurement and nonprocurement           determination that a person is
 transactions, pending completion of an   not presently responsible.
 investigation or legal proceedings.
(b) Must--.............................  Must conclude, based on a
(1) Have adequate evidence that there     preponderance of the evidence,
 may be a cause for debarment of a        that the person has engaged in
 person; and.                             conduct that warrants
(2) Conclude that immediate action is     debarment.
 necessary to protect the Federal
 interest.
(c) Usually imposes the suspension       Imposes debarment after giving
 first, and then promptly notifies the    the respondent notice of the
 suspended person, giving the person an   action and an opportunity to
 opportunity to contest the suspension    contest the proposed
 and have it lifted.                      debarment.
------------------------------------------------------------------------



Sec.  105-68.610  What procedures does the General Services Administration
use in suspension and debarment actions?

    In deciding whether to suspend or debar you, we handle the actions 
as informally as practicable, consistent with principles of fundamental 
fairness.
    (a) For suspension actions, we use the procedures in this subpart 
and subpart G of this part.
    (b) For debarment actions, we use the procedures in this subpart and 
subpart H of this part.



Sec.  105-68.615  How does the General Services Administration notify
a person of a suspension or debarment action?

    (a) The suspending or debarring official sends a written notice to 
the last known street address, facsimile number, or e-mail address of--
    (1) You or your identified counsel; or
    (2) Your agent for service of process, or any of your partners, 
officers, directors, owners, or joint venturers.
    (b) The notice is effective if sent to any of these persons.



Sec.  105-68.620  Do Federal agencies coordinate suspension and
debarment actions?

    Yes, when more than one Federal agency has an interest in a 
suspension or debarment, the agencies may consider designating one 
agency as the lead agency for making the decision. Agencies are 
encouraged to establish methods and procedures for coordinating their 
suspension and debarment actions.



Sec.  105-68.625  What is the scope of a suspension or debarment?

    If you are suspended or debarred, the suspension or debarment is 
effective as follows:
    (a) Your suspension or debarment constitutes suspension or debarment 
of all of your divisions and other organizational elements from all 
covered transactions, unless the suspension or debarment decision is 
limited--
    (1) By its terms to one or more specifically identified individuals, 
divisions, or other organizational elements; or
    (2) To specific types of transactions.
    (b) Any affiliate of a participant may be included in a suspension 
or debarment action if the suspending or debarring official--
    (1) Officially names the affiliate in the notice; and
    (2) Gives the affiliate an opportunity to contest the action.



Sec.  105-68.630  May the General Services Administration impute 
conduct of one person to another?

    For purposes of actions taken under this rule, we may impute conduct 
as follows:
    (a) Conduct imputed from an individual to an organization. We may 
impute the fraudulent, criminal, or other improper conduct of any 
officer, director, shareholder, partner, employee, or other individual 
associated with an organization, to that organization when the improper 
conduct occurred in connection with the individual's performance of 
duties for or on behalf of that organization, or with the organization's 
knowledge, approval or acquiescence. The organization's acceptance of 
the benefits derived from the conduct is evidence of knowledge, approval 
or acquiescence.

[[Page 539]]

    (b) Conduct imputed from an organization to an individual, or 
between individuals. We may impute the fraudulent, criminal, or other 
improper conduct of any organization to an individual, or from one 
individual to another individual, if the individual to whom the improper 
conduct is imputed either participated in, had knowledge of, or reason 
to know of the improper conduct.
    (c) Conduct imputed from one organization to another organization. 
We may impute the fraudulent, criminal, or other improper conduct of one 
organization to another organization when the improper conduct occurred 
in connection with a partnership, joint venture, joint application, 
association or similar arrangement, or when the organization to whom the 
improper conduct is imputed has the power to direct, manage, control or 
influence the activities of the organization responsible for the 
improper conduct. Acceptance of the benefits derived from the conduct is 
evidence of knowledge, approval or acquiescence.



Sec.  105-68.635  May the General Services Administration settle a
debarment or suspension action?

    Yes, we may settle a debarment or suspension action at any time if 
it is in the best interest of the Federal Government.



Sec.  105-68.640  May a settlement include a voluntary exclusion?

    Yes, if we enter into a settlement with you in which you agree to be 
excluded, it is called a voluntary exclusion and has governmentwide 
effect.



Sec.  105-68.645  Do other Federal agencies know if the 
General Services Administration agrees to a voluntary exclusion?

    (a) Yes, we enter information regarding a voluntary exclusion into 
the EPLS.
    (b) Also, any agency or person may contact us to find out the 
details of a voluntary exclusion.



                          Subpart G_Suspension



Sec.  105-68.700  When may the suspending official issue a 
suspension?

    Suspension is a serious action. Using the procedures of this subpart 
and subpart F of this part, the suspending official may impose 
suspension only when that official determines that--
    (a) There exists an indictment for, or other adequate evidence to 
suspect, an offense listed under Sec.  105-68.800(a), or
    (b) There exists adequate evidence to suspect any other cause for 
debarment listed under Sec.  105-68.800(b) through (d); and
    (c) Immediate action is necessary to protect the public interest.



Sec.  105-68.705  What does the suspending official consider in
issuing a suspension?

    (a) In determining the adequacy of the evidence to support the 
suspension, the suspending official considers how much information is 
available, how credible it is given the circumstances, whether or not 
important allegations are corroborated, and what inferences can 
reasonably be drawn as a result. During this assessment, the suspending 
official may examine the basic documents, including grants, cooperative 
agreements, loan authorizations, contracts, and other relevant 
documents.
    (b) An indictment, conviction, civil judgment, or other official 
findings by Federal, State, or local bodies that determine factual and/
or legal matters, constitutes adequate evidence for purposes of 
suspension actions.
    (c) In deciding whether immediate action is needed to protect the 
public interest, the suspending official has wide discretion. For 
example, the suspending official may infer the necessity for immediate 
action to protect the public interest either from the nature of the 
circumstances giving rise to a cause for suspension or from potential 
business relationships or involvement with a program of the Federal 
Government.



Sec.  105-68.710  When does a suspension take effect?

    A suspension is effective when the suspending official signs the 
decision to suspend.

[[Page 540]]



Sec.  105-68.715  What notice does the suspending official give me 
if I am suspended?

    After deciding to suspend you, the suspending official promptly 
sends you a Notice of Suspension advising you--
    (a) That you have been suspended;
    (b) That your suspension is based on--
    (1) An indictment;
    (2) A conviction;
    (3) Other adequate evidence that you have committed irregularities 
which seriously reflect on the propriety of further Federal Government 
dealings with you; or
    (4) Conduct of another person that has been imputed to you, or your 
affiliation with a suspended or debarred person;
    (c) Of any other irregularities in terms sufficient to put you on 
notice without disclosing the Federal Government's evidence;
    (d) Of the cause(s) upon which we relied under Sec.  105-68.700 for 
imposing suspension;
    (e) That your suspension is for a temporary period pending the 
completion of an investigation or resulting legal or debarment 
proceedings;
    (f) Of the applicable provisions of this subpart, subpart F of this 
part, and any other GSA procedures governing suspension decision making; 
and
    (g) Of the governmentwide effect of your suspension from procurement 
and nonprocurement programs and activities.



Sec.  105-68.720  How may I contest a suspension?

    If you as a respondent wish to contest a suspension, you or your 
representative must provide the suspending official with information in 
opposition to the suspension. You may do this orally or in writing, but 
any information provided orally that you consider important must also be 
submitted in writing for the official record.



Sec.  105-68.725  How much time do I have to contest a suspension?

    (a) As a respondent you or your representative must either send, or 
make rrangements to appear and present, the information and argument to 
the suspending official within 30 days after you receive the Notice of 
Suspension.
    (b) We consider the notice to be received by you--
    (1) When delivered, if we mail the notice to the last known street 
address, or five days after we send it if the letter is undeliverable;
    (2) When sent, if we send the notice by facsimile or five days after 
we send it if the facsimile is undeliverable; or
    (3) When delivered, if we send the notice by e-mail or five days 
after we send it if the e-mail is undeliverable.



Sec.  105-68.730  What information must I provide to the suspending
official if I contest a suspension?

    (a) In addition to any information and argument in opposition, as a 
respondent your submission to the suspending official must identify--
    (1) Specific facts that contradict the statements contained in the 
Notice of Suspension. A general denial is insufficient to raise a 
genuine dispute over facts material to the suspension;
    (2) All existing, proposed, or prior exclusions under regulations 
implementing E.O. 12549 and all similar actions taken by Federal, state, 
or local agencies, including administrative agreements that affect only 
those agencies;
    (3) All criminal and civil proceedings not included in the Notice of 
Suspension that grew out of facts relevant to the cause(s) stated in the 
notice; and
    (4) All of your affiliates.
    (b) If you fail to disclose this information, or provide false 
information, the General Services Administration may seek further 
criminal, civil or administrative action against you, as appropriate.



Sec.  105-68.735  Under what conditions do I get an additional
opportunity to challenge the facts on which the suspension is based?

    (a) You as a respondent will not have an additional opportunity to 
challenge the facts if the suspending official determines that--
    (1) Your suspension is based upon an indictment, conviction, civil 
judgment, or other finding by a Federal, State, or local body for which 
an opportunity to contest the facts was provided;

[[Page 541]]

    (2) Your presentation in opposition contains only general denials to 
information contained in the Notice of Suspension;
    (3) The issues raised in your presentation in opposition to the 
suspension are not factual in nature, or are not material to the 
suspending official's initial decision to suspend, or the official's 
decision whether to continue the suspension; or
    (4) On the basis of advice from the Department of Justice, an office 
of the United States Attorney, a State attorney general's office, or a 
State or local prosecutor's office, that substantial interests of the 
government in pending or contemplated legal proceedings based on the 
same facts as the suspension would be prejudiced by conducting fact-
finding.
    (b) You will have an opportunity to challenge the facts if the 
suspending official determines that--
    (1) The conditions in paragraph (a) of this section do not exist; 
and
    (2) Your presentation in opposition raises a genuine dispute over 
facts material to the suspension.
    (c) If you have an opportunity to challenge disputed material facts 
under this section, the suspending official or designee must conduct 
additional proceedings to resolve those facts.



Sec.  105-68.740  Are suspension proceedings formal?

    (a) Suspension proceedings are conducted in a fair and informal 
manner. The suspending official may use flexible procedures to allow you 
to present matters in opposition. In so doing, the suspending official 
is not required to follow formal rules of evidence or procedure in 
creating an official record upon which the official will base a final 
suspension decision.
    (b) You as a respondent or your representative must submit any 
documentary evidence you want the suspending official to consider.



Sec.  105-68.745  How is fact-finding conducted?

    (a) If fact-finding is conducted--
    (1) You may present witnesses and other evidence, and confront any 
witness presented; and
    (2) The fact-finder must prepare written findings of fact for the 
record.
    (b) A transcribed record of fact-finding proceedings must be made, 
unless you as a respondent and the General Services Administration agree 
to waive it in advance. If you want a copy of the transcribed record, 
you may purchase it.



Sec.  105-68.750  What does the suspending official consider in deciding
whether to continue or terminate my suspension?

    (a) The suspending official bases the decision on all information 
contained in the official record. The record includes--
    (1) All information in support of the suspending official's initial 
decision to suspend you;
    (2) Any further information and argument presented in support of, or 
opposition to, the suspension; and
    (3) Any transcribed record of fact-finding proceedings.
    (b) The suspending official may refer disputed material facts to 
another official for findings of fact. The suspending official may 
reject any resulting findings, in whole or in part, only after 
specifically determining them to be arbitrary, capricious, or clearly 
erroneous.



Sec.  105-68.755  When will I know whether the suspension is continued
or terminated?

    The suspending official must make a written decision whether to 
continue, modify, or terminate your suspension within 45 days of closing 
the official record. The official record closes upon the suspending 
official's receipt of final submissions, information and findings of 
fact, if any. The suspending official may extend that period for good 
cause.



Sec.  105-68.760  How long may my suspension last?

    (a) If legal or debarment proceedings are initiated at the time of, 
or during your suspension, the suspension may continue until the 
conclusion of those proceedings. However, if proceedings are not 
initiated, a suspension may not exceed 12 months.

[[Page 542]]

    (b) The suspending official may extend the 12 month limit under 
paragraph (a) of this section for an additional 6 months if an office of 
a U.S. Assistant Attorney General, U.S. Attorney, or other responsible 
prosecuting official requests an extension in writing. In no event may a 
suspension exceed 18 months without initiating proceedings under 
paragraph (a) of this section.
    (c) The suspending official must notify the appropriate officials 
under paragraph (b) of this section of an impending termination of a 
suspension at least 30 days before the 12 month period expires to allow 
the officials an opportunity to request an extension.



                           Subpart H_Debarment



Sec.  105-68.800  What are the causes for debarment?

    We may debar a person for--
    (a) Conviction of or civil judgment for--
    (1) Commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public or private 
agreement or transaction;
    (2) Violation of Federal or State antitrust statutes, including 
those proscribing price fixing between competitors, allocation of 
customers between competitors, and bid rigging;
    (3) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, tax 
evasion, receiving stolen property, making false claims, or obstruction 
of justice; or
    (4) Commission of any other offense indicating a lack of business 
integrity or business honesty that seriously and directly affects your 
present responsibility;
    (b) Violation of the terms of a public agreement or transaction so 
serious as to affect the integrity of an agency program, such as--
    (1) A willful failure to perform in accordance with the terms of one 
or more public agreements or transactions;
    (2) A history of failure to perform or of unsatisfactory performance 
of one or more public agreements or transactions; or
    (3) A willful violation of a statutory or regulatory provision or 
requirement applicable to a public agreement or transaction;
    (c) Any of the following causes:
    (1) A nonprocurement debarment by any Federal agency taken before 
October 1, 1988, or a procurement debarment by any Federal agency taken 
pursuant to 48 CFR part 9, subpart 9.4, before August 25, 1995;
    (2) Knowingly doing business with an ineligible person, except as 
permitted under Sec.  105-68.120;
    (3) Failure to pay a single substantial debt, or a number of 
outstanding debts (including disallowed costs and overpayments, but not 
including sums owed the Federal Government under the Internal Revenue 
Code) owed to any Federal agency or instrumentality, provided the debt 
is uncontested by the debtor or, if contested, provided that the 
debtor's legal and administrative remedies have been exhausted;
    (4) Violation of a material provision of a voluntary exclusion 
agreement entered into under Sec.  105-68.640 or of any settlement of a 
debarment or suspension action; or
    (5) Violation of the provisions of the Drug-Free Workplace Act of 
1988 (41 U.S.C. 701); or
    (d) Any other cause of so serious or compelling a nature that it 
affects your present responsibility.



Sec.  105-68.805  What notice does the debarring official give me if
I am proposed for debarment?

    After consideration of the causes in Sec.  105-68.800 of this 
subpart, if the debarring official proposes to debar you, the official 
sends you a Notice of Proposed Debarment, pursuant to Sec.  105-68.615, 
advising you--
    (a) That the debarring official is considering debarring you;
    (b) Of the reasons for proposing to debar you in terms sufficient to 
put you on notice of the conduct or transactions upon which the proposed 
debarment is based;
    (c) Of the cause(s) under Sec.  105-68.800 upon which the debarring 
official relied for proposing your debarment;
    (d) Of the applicable provisions of this subpart, subpart F of this 
part,

[[Page 543]]

and any other GSA procedures governing debarment; and
    (e) Of the governmentwide effect of a debarment from procurement and 
nonprocurement programs and activities.



Sec.  105-68.810  When does a debarment take effect?

    A debarment is not effective until the debarring official issues a 
decision. The debarring official does not issue a decision until the 
respondent has had an opportunity to contest the proposed debarment.



Sec.  105-68.815  How may I contest a proposed debarment?

    If you as a respondent wish to contest a proposed debarment, you or 
your representative must provide the debarring official with information 
in opposition to the proposed debarment. You may do this orally or in 
writing, but any information provided orally that you consider important 
must also be submitted in writing for the official record.



Sec.  105-68.820  How much time do I have to contest a proposed debarment?

    (a) As a respondent you or your representative must either send, or 
make arrangements to appear and present, the information and argument to 
the debarring official within 30 days after you receive the Notice of 
Proposed Debarment.
    (b) We consider the Notice of Proposed Debarment to be received by 
you--
    (1) When delivered, if we mail the notice to the last known street 
address, or five days after we send it if the letter is undeliverable;
    (2) When sent, if we send the notice by facsimile or five days after 
we send it if the facsimile is undeliverable; or
    (3) When delivered, if we send the notice by e-mail or five days 
after we send it if the e-mail is undeliverable.



Sec.  105-68.825  What information must I provide to the debarring 
official if I contest a proposed debarment?

    (a) In addition to any information and argument in opposition, as a 
respondent your submission to the debarring official must identify--
    (1) Specific facts that contradict the statements contained in the 
Notice of Proposed Debarment. Include any information about any of the 
factors listed in Sec.  105-68.860. A general denial is insufficient to 
raise a genuine dispute over facts material to the debarment;
    (2) All existing, proposed, or prior exclusions under regulations 
implementing E.O. 12549 and all similar actions taken by Federal, State, 
or local agencies, including administrative agreements that affect only 
those agencies;
    (3) All criminal and civil proceedings not included in the Notice of 
Proposed Debarment that grew out of facts relevant to the cause(s) 
stated in the notice; and
    (4) All of your affiliates.
    (b) If you fail to disclose this information, or provide false 
information, the General Services Administration may seek further 
criminal, civil or administrative action against you, as appropriate.



Sec.  105-68.830  Under what conditions do I get an additional opportunity 
to challenge the facts on which a proposed debarment is based?

    (a) You as a respondent will not have an additional opportunity to 
challenge the facts if the debarring official determines that--
    (1) Your debarment is based upon a conviction or civil judgment;
    (2) Your presentation in opposition contains only general denials to 
information contained in the Notice of Proposed Debarment; or
    (3) The issues raised in your presentation in opposition to the 
proposed debarment are not factual in nature, or are not material to the 
debarring official's decision whether to debar.
    (b) You will have an additional opportunity to challenge the facts 
if the debarring official determines that--
    (1) The conditions in paragraph (a) of this section do not exist; 
and
    (2) Your presentation in opposition raises a genuine dispute over 
facts material to the proposed debarment.
    (c) If you have an opportunity to challenge disputed material facts 
under this section, the debarring official or designee must conduct 
additional proceedings to resolve those facts.

[[Page 544]]



Sec.  105-68.835  Are debarment proceedings formal?

    (a) Debarment proceedings are conducted in a fair and informal 
manner. The debarring official may use flexible procedures to allow you 
as a respondent to present matters in opposition. In so doing, the 
debarring official is not required to follow formal rules of evidence or 
procedure in creating an official record upon which the official will 
base the decision whether to debar.
    (b) You or your representative must submit any documentary evidence 
you want the debarring official to consider.



Sec.  105-68.840  How is fact-finding conducted?

    (a) If fact-finding is conducted--
    (1) You may present witnesses and other evidence, and confront any 
witness presented; and
    (2) The fact-finder must prepare written findings of fact for the 
record.
    (b) A transcribed record of fact-finding proceedings must be made, 
unless you as a respondent and the General Services Administration agree 
to waive it in advance. If you want a copy of the transcribed record, 
you may purchase it.



Sec.  105-68.845  What does the debarring official consider in deciding 
whether to debar me?

    (a) The debarring official may debar you for any of the causes in 
Sec.  105-68.800. However, the official need not debar you even if a 
cause for debarment exists. The official may consider the seriousness of 
your acts or omissions and the mitigating or aggravating factors set 
forth at Sec.  105-68.860.
    (b) The debarring official bases the decision on all information 
contained in the official record. The record includes--
    (1) All information in support of the debarring official's proposed 
debarment;
    (2) Any further information and argument presented in support of, or 
in opposition to, the proposed debarment; and
    (3) Any transcribed record of fact-finding proceedings.
    (c) The debarring official may refer disputed material facts to 
another official for findings of fact. The debarring official may reject 
any resultant findings, in whole or in part, only after specifically 
determining them to be arbitrary, capricious, or clearly erroneous.



Sec.  105-68.850  What is the standard of proof in a debarment action?

    (a) In any debarment action, we must establish the cause for 
debarment by a preponderance of the evidence.
    (b) If the proposed debarment is based upon a conviction or civil 
judgment, the standard of proof is met.



Sec.  105-68.855  Who has the burden of proof in a debarment action?

    (a) We have the burden to prove that a cause for debarment exists.
    (b) Once a cause for debarment is established, you as a respondent 
have the burden of demonstrating to the satisfaction of the debarring 
official that you are presently responsible and that debarment is not 
necessary.



Sec.  105-68.860  What factors may influence the debarring official's
decision?

    This section lists the mitigating and aggravating factors that the 
debarring official may consider in determining whether to debar you and 
the length of your debarment period. The debarring official may consider 
other factors if appropriate in light of the circumstances of a 
particular case. The existence or nonexistence of any factor, such as 
one of those set forth in this section, is not necessarily determinative 
of your present responsibility. In making a debarment decision, the 
debarring official may consider the following factors:
    (a) The actual or potential harm or impact that results or may 
result from the wrongdoing.
    (b) The frequency of incidents and/or duration of the wrongdoing.
    (c) Whether there is a pattern or prior history of wrongdoing. For 
example, if you have been found by another Federal agency or a State 
agency to have engaged in wrongdoing similar to that found in the 
debarment action, the existence of this fact may be used by the 
debarring official in determining that you have a pattern or prior 
history of wrongdoing.

[[Page 545]]

    (d) Whether you are or have been excluded or disqualified by an 
agency of the Federal Government or have not been allowed to participate 
in State or local contracts or assistance agreements on a basis of 
conduct similar to one or more of the causes for debarment specified in 
this part.
    (e) Whether you have entered into an administrative agreement with a 
Federal agency or a State or local government that is not governmentwide 
but is based on conduct similar to one or more of the causes for 
debarment specified in this part.
    (f) Whether and to what extent you planned, initiated, or carried 
out the wrongdoing.
    (g) Whether you have accepted responsibility for the wrongdoing and 
recognize the seriousness of the misconduct that led to the cause for 
debarment.
    (h) Whether you have paid or agreed to pay all criminal, civil and 
administrative liabilities for the improper activity, including any 
investigative or administrative costs incurred by the government, and 
have made or agreed to make full restitution.
    (i) Whether you have cooperated fully with the government agencies 
during the investigation and any court or administrative action. In 
determining the extent of cooperation, the debarring official may 
consider when the cooperation began and whether you disclosed all 
pertinent information known to you.
    (j) Whether the wrongdoing was pervasive within your organization.
    (k) The kind of positions held by the individuals involved in the 
wrongdoing.
    (l) Whether your organization took appropriate corrective action or 
remedial measures, such as establishing ethics training and implementing 
programs to prevent recurrence.
    (m) Whether your principals tolerated the offense.
    (n) Whether you brought the activity cited as a basis for the 
debarment to the attention of the appropriate government agency in a 
timely manner.
    (o) Whether you have fully investigated the circumstances 
surrounding the cause for debarment and, if so, made the result of the 
investigation available to the debarring official.
    (p) Whether you had effective standards of conduct and internal 
control systems in place at the time the questioned conduct occurred.
    (q) Whether you have taken appropriate disciplinary action against 
the individuals responsible for the activity which constitutes the cause 
for debarment.
    (r) Whether you have had adequate time to eliminate the 
circumstances within your organization that led to the cause for the 
debarment.
    (s) Other factors that are appropriate to the circumstances of a 
particular case.



Sec.  105-68.865  How long may my debarment last?

    (a) If the debarring official decides to debar you, your period of 
debarment will be based on the seriousness of the cause(s) upon which 
your debarment is based. Generally, debarment should not exceed three 
years. However, if circumstances warrant, the debarring official may 
impose a longer period of debarment.
    (b) In determining the period of debarment, the debarring official 
may consider the factors in Sec.  105-68.860. If a suspension has 
preceded your debarment, the debarring official must consider the time 
you were suspended.
    (c) If the debarment is for a violation of the provisions of the 
Drug-Free Workplace Act of 1988, your period of debarment may not exceed 
five years.



Sec.  105-68.870  When do I know if the debarring official debars me?

    (a) The debarring official must make a written decision whether to 
debar within 45 days of closing the official record. The official record 
closes upon the debarring official's receipt of final submissions, 
information and findings of fact, if any. The debarring official may 
extend that period for good cause.
    (b) The debarring official sends you written notice, pursuant to 
Sec.  105-68.615 that the official decided, either--
    (1) Not to debar you; or
    (2) To debar you. In this event, the notice:
    (i) Refers to the Notice of Proposed Debarment;
    (ii) Specifies the reasons for your debarment;

[[Page 546]]

    (iii) States the period of your debarment, including the effective 
dates; and
    (iv) Advises you that your debarment is effective for covered 
transactions and contracts that are subject to the Federal Acquisition 
Regulation (48 CFR chapter 1), throughout the executive branch of the 
Federal Government unless an agency head or an authorized designee 
grants an exception.



Sec.  105-68.875  May I ask the debarring official to reconsider
a decision to debar me?

    Yes, as a debarred person you may ask the debarring official to 
reconsider the debarment decision or to reduce the time period or scope 
of the debarment. However, you must put your request in writing and 
support it with documentation.



Sec.  105-68.880  What factors may influence the debarring official
during reconsideration?

    The debarring official may reduce or terminate your debarment based 
on--
    (a) Newly discovered material evidence;
    (b) A reversal of the conviction or civil judgment upon which your 
debarment was based;
    (c) A bona fide change in ownership or management;
    (d) Elimination of other causes for which the debarment was imposed; 
or
    (e) Other reasons the debarring official finds appropriate.



Sec.  105-68.885  May the debarring official extend a debarment?

    (a) Yes, the debarring official may extend a debarment for an 
additional period, if that official determines that an extension is 
necessary to protect the public interest.
    (b) However, the debarring official may not extend a debarment 
solely on the basis of the facts and circumstances upon which the 
initial debarment action was based.
    (c) If the debarring official decides that a debarment for an 
additional period is necessary, the debarring official must follow the 
applicable procedures in this subpart, and subpart F of this part, to 
extend the debarment.



                          Subpart I_Definitions



Sec.  105-68.900  Adequate evidence.

    Adequate evidence means information sufficient to support the 
reasonable belief that a particular act or omission has occurred.



Sec.  105-68.905  Affiliate.

    Persons are affiliates of each other if, directly or indirectly, 
either one controls or has the power to control the other or a third 
person controls or has the power to control both. The ways we use to 
determine control include, but are not limited to--
    (a) Interlocking management or ownership;
    (b) Identity of interests among family members;
    (c) Shared facilities and equipment;
    (d) Common use of employees; or
    (e) A business entity which has been organized following the 
exclusion of a person which has the same or similar management, 
ownership, or principal employees as the excluded person.



Sec.  105-68.910  Agency.

    Agency means any United States executive department, military 
department, defense agency, or any other agency of the executive branch. 
Other agencies of the Federal government are not considered ``agencies'' 
for the purposes of this part unless they issue regulations adopting the 
governmentwide Debarment and Suspension system under Executive orders 
12549 and 12689.



Sec.  105-68.915  Agent or representative.

    Agent or representative means any person who acts on behalf of, or 
who is authorized to commit, a participant in a covered transaction.



Sec.  105-68.920  Civil judgment.

    Civil judgment means the disposition of a civil action by any court 
of competent jurisdiction, whether by verdict, decision, settlement, 
stipulation, other disposition which creates a civil liability for the 
complained of wrongful acts, or a final determination of liability under 
the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-3812).

[[Page 547]]



Sec.  105-68.925  Conviction.

    Conviction means--
    (a) A judgment or any other determination of guilt of a criminal 
offense by any court of competent jurisdiction, whether entered upon a 
verdict or plea, including a plea of nolo contendere; or
    (b) Any other resolution that is the functional equivalent of a 
judgment, including probation before judgment and deferred prosecution. 
A disposition without the participation of the court is the functional 
equivalent of a judgment only if it includes an admission of guilt.



Sec.  105-68.930  Debarment.

    Debarment means an action taken by a debarring official under 
subpart H of this part to exclude a person from participating in covered 
transactions and transactions covered under the Federal Acquisition 
Regulation (48 CFR chapter 1). A person so excluded is debarred.



Sec.  105-68.935  Debarring official.

    (a) Debarring official means an agency official who is authorized to 
impose debarment. A debarring official is either--
    (1) The agency head; or
    (2) An official designated by the agency head.
    (b) [Reserved]



Sec.  105-68.940  Disqualified.

    Disqualified means that a person is prohibited from participating in 
specified Federal procurement or nonprocurement transactions as required 
under a statute, Executive order (other than Executive Orders 12549 and 
12689) or other authority. Examples of disqualifications include persons 
prohibited under--
    (a) The Davis-Bacon Act (40 U.S.C. 276(a));
    (b) The equal employment opportunity acts and Executive orders; or
    (c) The Clean Air Act (42 U.S.C. 7606), Clean Water Act (33 U.S.C. 
1368) and Executive Order 11738 (3 CFR, 1973 Comp., p. 799).



Sec.  105-68.945  Excluded or exclusion.

    Excluded or exclusion means--
    (a) That a person or commodity is prohibited from being a 
participant in covered transactions, whether the person has been 
suspended; debarred; proposed for debarment under 48 CFR part 9, subpart 
9.4; voluntarily excluded; or
    (b) The act of excluding a person.



Sec.  105-68.950  Excluded Parties List System

    Excluded Parties List System (EPLS) means the list maintained and 
disseminated by the General Services Administration (GSA) containing the 
names and other information about persons who are ineligible. The EPLS 
system includes the printed version entitled, ``List of Parties Excluded 
or Disqualified from Federal Procurement and Nonprocurement Programs,'' 
so long as published.



Sec.  105-68.955  Indictment.

    Indictment means an indictment for a criminal offense. A 
presentment, information, or other filing by a competent authority 
charging a criminal offense shall be given the same effect as an 
indictment.



Sec.  105-68.960  Ineligible or ineligibility.

    Ineligible or ineligibility means that a person or commodity is 
prohibited from covered transactions because of an exclusion or 
disqualification.



Sec.  105-68.965  Legal proceedings.

    Legal proceedings means any criminal proceeding or any civil 
judicial proceeding, including a proceeding under the Program Fraud 
Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal 
Government or a State or local government or quasi-governmental 
authority is a party. The term also includes appeals from those 
proceedings.



Sec.  105-68.970  Nonprocurement transaction.

    (a) Nonprocurement transaction means any transaction, regardless of 
type (except procurement contracts), including, but not limited to the 
following:
    (1) Grants.
    (2) Cooperative agreements.
    (3) Scholarships.
    (4) Fellowships.
    (5) Contracts of assistance.
    (6) Loans.
    (7) Loan guarantees.
    (8) Subsidies.

[[Page 548]]

    (9) Insurances.
    (10) Payments for specified uses.
    (11) Donation agreements.
    (b) A nonprocurement transaction at any tier does not require the 
transfer of Federal funds.



Sec.  105-68.975  Notice.

    Notice means a written communication served in person, sent by 
certified mail or its equivalent, or sent electronically by e-mail or 
facsimile. (See Sec.  105-68. 615.)



Sec.  105-68.980  Participant.

    Participant means any person who submits a proposal for or who 
enters into a covered transaction, including an agent or representative 
of a participant.



Sec.  105-68.985  Person.

    Person means any individual, corporation, partnership, association, 
unit of government, or legal entity, however organized.



Sec.  105-68.990  Preponderance of the evidence.

    Preponderance of the evidence means proof by information that, 
compared with information opposing it, leads to the conclusion that the 
fact at issue is more probably true than not.



Sec.  105-68.995  Principal.

    Principal means--
    (a) An officer, director, owner, partner, principal investigator, or 
other person within a participant with management or supervisory 
responsibilities related to a covered transaction; or
    (b) A consultant or other person, whether or not employed by the 
participant or paid with Federal funds, who--
    (1) Is in a position to handle Federal funds;
    (2) Is in a position to influence or control the use of those funds; 
or,
    (3) Occupies a technical or professional position capable of 
substantially influencing the development or outcome of an activity 
required to perform the covered transaction.



Sec.  105-68.1000  Respondent.

    Respondent means a person against whom an agency has initiated a 
debarment or suspension action.



Sec.  105-68.1005  State.

    (a) State means--
    (1) Any of the states of the United States;
    (2) The District of Columbia;
    (3) The Commonwealth of Puerto Rico;
    (4) Any territory or possession of the United States; or
    (5) Any agency or instrumentality of a state.
    (b) For purposes of this part, State does not include institutions 
of higher education, hospitals, or units of local government.



Sec.  105-68.1010  Suspending official.

    (a) Suspending official means an agency official who is authorized 
to impose suspension. The suspending official is either:
    (1) The agency head; or
    (2) An official designated by the agency head.
    (b) [Reserved]



Sec.  105-68.1015  Suspension.

    Suspension is an action taken by a suspending official under subpart 
G of this part that immediately prohibits a person from participating in 
covered transactions and transactions covered under the Federal 
Acquisition Regulation (48 CFR chapter 1) for a temporary period, 
pending completion of an agency investigation and any judicial or 
administrative proceedings that may ensue. A person so excluded is 
suspended.



Sec.  105-68.1020  Voluntary exclusion or voluntarily excluded.

    (a) Voluntary exclusion means a person's agreement to be excluded 
under the terms of a settlement between the person and one or more 
agencies. Voluntary exclusion must have governmentwide effect.
    (b) Voluntarily excluded means the status of a person who has agreed 
to a voluntary exclusion.

Subpart J [Reserved]

[[Page 549]]



           Sec. Appendix to Part 105-68--Covered Transactions
[GRAPHIC] [TIFF OMITTED] TR26NO03.000



PART 105	69_NEW RESTRICTIONS ON LOBBYING--Table of Contents



                            Subpart A_General

Sec.
105-69.100 Conditions on use of funds.
105-69.105 Definitions.
105-69.110 Certification and disclosure.

                  Subpart B_Activities by Own Employees

105-69.200 Agency and legislative liaison.
105-69.205 Professional and technical services.
105-69.210 Reporting.

            Subpart C_Activities by Other Than Own Employees

105-69.300 Professional and technical services.

                   Subpart D_Penalties and Enforcement

105-69.400 Penalties.
105-69.405 Penalty procedures.
105-69.410 Enforcement.

                          Subpart E_Exemptions

105-69.500 Secretary of Defense.

                        Subpart F_Agency Reports

105-69.600 Semi-annual compilation.
105-69.605 Inspector General report.

Appendix A to Part 105-69--Certification Regarding Lobbying
Appendix B to Part 105-69--Disclosure Form To Report Lobbying

    Authority: Sec. 319, Pub. L. 101-121 (31 U.S.C. 1352); 40 U.S.C. 
486(c).

    Source: 55 FR 6737, 6753, Feb. 26, 1990, unless otherwise noted.

[[Page 550]]


    Cross Reference: See also Office of Management and Budget notice 
published at 54 FR 52306, December 20, 1989.



                            Subpart A_General



Sec.  105-69.100  Conditions on use of funds.

    (a) No appropriated funds may be expended by the recipient of a 
Federal contract, grant, loan, or cooperative ageement to pay any person 
for influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with any of the following 
covered Federal actions: the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (b) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or cooperative agreement shall file with that 
agency a certification, set forth in appendix A, that the person has not 
made, and will not make, any payment prohibited by paragraph (a) of this 
section.
    (c) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or a cooperative agreement shall file with that 
agency a disclosure form, set forth in appendix B, if such person has 
made or has agreed to make any payment using nonappropriated funds (to 
include profits from any covered Federal action), which would be 
prohibited under paragraph (a) of this section if paid for with 
appropriated funds.
    (d) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a statement, set forth in appendix A, whether that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.
    (e) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a disclosure form, set forth in appendix B, if that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.



Sec.  105-69.105  Definitions.

    For purposes of this part:
    (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal 
executive departments and agencies as well as independent regulatory 
commissions and Government corporations, as defined in 31 U.S.C. 
9101(1).
    (b) Covered Federal action means any of the following Federal 
actions:
    (1) The awarding of any Federal contract;
    (2) The making of any Federal grant;
    (3) The making of any Federal loan;
    (4) The entering into of any cooperative agreement; and,
    (5) The extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a 
commitment providing for the United States to insure or guarantee a 
loan. Loan guarantees and loan insurance are addressed independently 
within this part.
    (c) Federal contract means an acquisition contract awarded by an 
agency, including those subject to the Federal Acquisition Regulation 
(FAR), and any other acquisition contract for real or personal property 
or services not subject to the FAR.
    (d) Federal cooperative agreement means a cooperative agreement 
entered into by an agency.
    (e) Federal grant means an award of financial assistance in the form 
of money, or property in lieu of money, by the Federal Government or a 
direct

[[Page 551]]

appropriation made by law to any person. The term does not include 
technical assistance which provides services instead of money, or other 
assistance in the form of revenue sharing, loans, loan guarantees, loan 
insurance, interest subsidies, insurance, or direct United States cash 
assistance to an individual.
    (f) Federal loan means a loan made by an agency. The term does not 
include loan guarantee or loan insurance.
    (g) Indian tribe and tribal organization have the meaning provided 
in section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions 
of Indian tribes in that Act.
    (h) Influencing or attempting to influence means making, with the 
intent to influence, any communication to or appearance before an 
officer or employee or any agency, a Member of Congress, an officer or 
employee of Congress, or an employee of a Member of Congress in 
connection with any covered Federal action.
    (i) Loan guarantee and loan insurance means an agency's guarantee or 
insurance of a loan made by a person.
    (j) Local government means a unit of government in a State and, if 
chartered, established, or otherwise recognized by a State for the 
performance of a governmental duty, including a local public authority, 
a special district, an intrastate district, a council of governments, a 
sponsor group representative organization, and any other instrumentality 
of a local government.
    (k) Officer or employee of an agency includes the following 
individuals who are employed by an agency:
    (1) An individual who is appointed to a position in the Government 
under title 5, U.S. Code, including a position under a temporary 
appointment;
    (2) A member of the uniformed services as defined in section 101(3), 
title 37, U.S. Code;
    (3) A special Government employee as defined in section 202, title 
18, U.S. Code; and,
    (4) An individual who is a member of a Federal advisory committee, 
as defined by the Federal Advisory Committee Act, title 5, U.S. Code 
appendix 2.
    (l) Person means an individual, corporation, company, association, 
authority, firm, partnership, society, State, and local government, 
regardless of whether such entity is operated for profit or not for 
profit. This term excludes an Indian tribe, tribal organization, or any 
other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (m) Reasonable compensation means, with respect to a regularly 
employed officer or employee of any person, compensation that is 
consistent with the normal compensation for such officer or employee for 
work that is not furnished to, not funded by, or not furnished in 
cooperation with the Federal Government.
    (n) Reasonable payment means, with respect to perfessional and other 
technical services, a payment in an amount that is consistent with the 
amount normally paid for such services in the private sector.
    (o) Recipient includes all contractors, subcontractors at any tier, 
and subgrantees at any tier of the recipient of funds received in 
connection with a Federal contract, grant, loan, or cooperative 
agreement. The term excludes an Indian tribe, tribal organization, or 
any other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (p) Regularly employed means, with respect to an officer or employee 
of a person requesting or receiving a Federal contract, grant, loan, or 
cooperative agreement or a commitment providing for the United States to 
insure or guarantee a loan, an officer or employee who is employed by 
such person for at least 130 working days within one year immediately 
preceding the date of the submission that initiates agency consideration 
of such person for receipt of such contract, grant, loan, cooperative 
agreement, loan insurance commitment, or loan guarantee commitment. An 
officer or employee who is employed by such person for less than 130 
working days within one year immediately preceding the date of the 
submission that initiates agency consideration of such person shall be 
considered to be regularly employed as

[[Page 552]]

soon as he or she is employed by such person for 130 working days.
    (q) State means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, a territory or possession of 
the United States, an agency or instrumentality of a State, and a multi-
State, regional, or interstate entity having governmental duties and 
powers.



Sec.  105-69.110  Certification and disclosure.

    (a) Each person shall file a certification, and a disclosure form, 
if required, with each submission that initiates agency consideration of 
such person for:
    (1) Award of a Federal contract, grant, or cooperative agreement 
exceeding $100,000; or
    (2) An award of a Federal loan or a commitment providing for the 
United States to insure or guarantee a loan exceeding $150,000.
    (b) Each person shall file a certification, and a disclosure form, 
if required, upon receipt by such person of:
    (1) A Federal contract, grant, or cooperative agreement exceeding 
$100,000; or
    (2) A Federal loan or a commitment providing for the United States 
to insure or guarantee a loan exceeding $150,000,

unless such person previously filed a certification, and a disclosure 
form, if required, under paragraph (a) of this section.
    (c) Each person shall file a disclosure form at the end of each 
calendar quarter in which there occurs any event that requires 
disclosure or that materially affects the accuracy of the information 
contained in any disclosure form previously filed by such person under 
paragraph (a) or (b) of this section. An event that materially affects 
the accuracy of the information reported includes:
    (1) A cumulative increase of $25,000 or more in the amount paid or 
expected to be paid for influencing or attempting to influence a covered 
Federal action; or
    (2) A change in the person(s) or individual(s) influencing or 
attempting to influence a covered Federal action; or,
    (3) A change in the officer(s), employee(s), or Member(s) contacted 
to influence or attempt to influence a covered Federal action.
    (d) Any person who requests or receives from a person referred to in 
paragraph (a) or (b) of this section:
    (1) A subcontract exceeding $100,000 at any tier under a Federal 
contract;
    (2) A subgrant, contract, or subcontract exceeding $100,000 at any 
tier under a Federal grant;
    (3) A contract or subcontract exceeding $100,000 at any tier under a 
Federal loan exceeding $150,000; or,
    (4) A contract or subcontract exceeding $100,000 at any tier under a 
Federal cooperative agreement,

shall file a certification, and a disclosure form, if required, to the 
next tier above.
    (e) All disclosure forms, but not certifications, shall be forwarded 
from tier to tier until received by the person referred to in paragraph 
(a) or (b) of this section. That person shall forward all disclosure 
forms to the agency.
    (f) Any certification or disclosure form filed under paragraph (e) 
of this section shall be treated as a material representation of fact 
upon which all receiving tiers shall rely. All liability arising from an 
erroneous representation shall be borne solely by the tier filing that 
representation and shall not be shared by any tier to which the 
erroneous representation is forwarded. Submitting an erroneous 
certification or disclosure constitutes a failure to file the required 
certification or disclosure, respectively. If a person fails to file a 
required certification or disclosure, the United States may pursue all 
available remedies, including those authorized by section 1352, title 
31, U.S. Code.
    (g) For awards and commitments in process prior to December 23, 
1989, but not made before that date, certifications shall be required at 
award or commitment, covering activities occurring between December 23, 
1989, and the date of award or commitment. However, for awards and 
commitments in process prior to the December 23, 1989 effective date of 
these provisions, but not made before December 23, 1989, disclosure 
forms shall not be required

[[Page 553]]

at time of award or commitment but shall be filed within 30 days.
    (h) No reporting is required for an activity paid for with 
appropriated funds if that activity is allowable under either subpart B 
or C.



                  Subpart B_Activities by Own Employees



Sec.  105-69.200  Agency and legislative liaison.

    (a) The prohibition on the use of appropriated funds, in Sec.  105-
69.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement if 
the payment is for agency and legislative liaison activities not 
directly related to a covered Federal action.
    (b) For purposes of paragraph (a) of this section, providing any 
information specifically requested by an agency or Congress is allowable 
at any time.
    (c) For purposes of paragraph (a) of this section, the following 
agency and legislative liaison activities are allowable at any time only 
where they are not related to a specific solicitation for any covered 
Federal action:
    (1) Discussing with an agency (including individual demonstrations) 
the qualities and characteristics of the person's products or services, 
conditions or terms of sale, and service capabilities; and,
    (2) Technical discussions and other activities regarding the 
application or adaptation of the person's products or services for an 
agency's use.
    (d) For purposes of paragraph (a) of this section, the following 
agencies and legislative liaison activities are allowable only where 
they are prior to formal solicitation of any covered Federal action:
    (1) Providing any information not specifically requested but 
necessary for an agency to make an informed decision about initiation of 
a covered Federal action;
    (2) Technical discussions regarding the preparation of an 
unsolicited proposal prior to its official submission; and,
    (3) Capability presentations by persons seeking awards from an 
agency pursuant to the provisions of the Small Business Act, as amended 
by Public Law 95-507 and other subsequent amendments.
    (e) Only those activities expressly authorized by this section are 
allowable under this section.



Sec.  105-69.205  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in Sec.  105-
69.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement or 
an extension, continuation, renewal, amendment, or modification of a 
Federal contract, grant, loan, or cooperative agreement if payment is 
for professional or technical services rendered directly in the 
preparation, submission, or negotiation of any bid, proposal, or 
application for that Federal contract, grant, loan, or cooperative 
agreement or for meeting requirements imposed by or pursuant to law as a 
condition for receiving that Federal contract, grant, loan, or 
cooperative agreement.
    (b) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting of a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence made by a lawyer that do not provide legal advice or analysis 
directly and

[[Page 554]]

solely related to the legal aspects of his or her client's proposal, but 
generally advocate one proposal over another are not allowable under 
this section because the lawyer is not providing professional legal 
services. Similarly, communications with the intent to influence made by 
an engineer providing an engineering analysis prior to the preparation 
or submission of a bid or proposal are not allowable under this section 
since the engineer is providing technical services but not directly in 
the preparation, submission or negotiation of a covered Federal action.
    (c) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.
    (d) Only those services expressly authorized by this section are 
allowable under this section.



Sec.  105-69.210  Reporting.

    No reporting is required with respect to payments of reasonable 
compensation made to regularly employed officers or employees of a 
person.



            Subpart C_Activities by Other Than Own Employees



Sec.  105-69.300  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in Sec.  105-
69.100 (a), does not apply in the case of any reasonable payment to a 
person, other than an officer or employee of a person requesting or 
receiving a covered Federal action, if the payment is for professional 
or technical services rendered directly in the preparation, submission, 
or negotiation of any bid, proposal, or application for that Federal 
contract, grant, loan, or cooperative agreement or for meeting 
requirements imposed by or pursuant to law as a condition for receiving 
that Federal contract, grant, loan, or cooperative agreement.
    (b) The reporting requirements in Sec.  105-69.110 (a) and (b) 
regarding filing a disclosure form by each person, if required, shall 
not apply with respect to professional or technical services rendered 
directly in the preparation, submission, or negotiation of any 
commitment providing for the United States to insure or guarantee a 
loan.
    (c) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting or a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence made by a lawyer that do not provide legal advice or analysis 
directly and solely related to the legal aspects of his or her client's 
proposal, but generally advocate one proposal over another are not 
allowable under this section because the lawyer is not providing 
professional legal services. Similarly, communications with the intent 
to influence made by an engineer providing an engineering analysis prior 
to the preparation or submission of a bid or proposal are not allowable 
under this section since the engineer is providing technical services 
but not directly in the preparation, submission or negotiation of a 
covered Federal action.
    (d) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.

[[Page 555]]

    (e) Persons other than officers or employees of a person requesting 
or receiving a covered Federal action include consultants and trade 
associations.
    (f) Only those services expressly authorized by this section are 
allowable under this section.



                   Subpart D_Penalties and Enforcement



Sec.  105-69.400  Penalties.

    (a) Any person who makes an expenditure prohibited herein shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such expenditure.
    (b) Any person who fails to file or amend the disclosure form (see 
appendix B) to be filed or amended if required herein, shall be subject 
to a civil penalty of not less than $10,000 and not more than $100,000 
for each such failure.
    (c) A filing or amended filing on or after the date on which an 
administrative action for the imposition of a civil penalty is commenced 
does not prevent the imposition of such civil penalty for a failure 
occurring before that date. An administrative action is commenced with 
respect to a failure when an investigating official determines in 
writing to commence an investigation of an allegation of such failure.
    (d) In determining whether to impose a civil penalty, and the amount 
of any such penalty, by reason of a violation by any person, the agency 
shall consider the nature, circumstances, extent, and gravity of the 
violation, the effect on the ability of such person to continue in 
business, any prior violations by such person, the degree of culpability 
of such person, the ability of the person to pay the penalty, and such 
other matters as may be appropriate.
    (e) First offenders under paragraphs (a) or (b) of this section 
shall be subject to a civil penalty of $10,000, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $10,000 and $100,000, as 
determined by the agency head or his or her designee.
    (f) An imposition of a civil penalty under this section does not 
prevent the United States from seeking any other remedy that may apply 
to the same conduct that is the basis for the imposition of such civil 
penalty.



Sec.  105-69.405  Penalty procedures.

    Agencies shall impose and collect civil penalties pursuant to the 
provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. 
sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 
3812, insofar as these provisions are not inconsistent with the 
requirements herein.



Sec.  105-69.410  Enforcement.

    The head of each agency shall take such actions as are necessary to 
ensure that the provisions herein are vigorously implemented and 
enforced in that agency.



                          Subpart E_Exemptions



Sec.  105-69.500  Secretary of Defense.

    (a) The Secretary of Defense may exempt, on a case-by-case basis, a 
covered Federal action from the prohibition whenever the Secretary 
determines, in writing, that such an exemption is in the national 
interest. The Secretary shall transmit a copy of each such written 
exemption to Congress immediately after making such a determination.
    (b) The Department of Defense may issue supplemental regulations to 
implement paragraph (a) of this section.



                        Subpart F_Agency Reports



Sec.  105-69.600  Semi-annual compilation.

    (a) The head of each agency shall collect and compile the disclosure 
reports (see appendix B) and, on May 31 and November 30 of each year, 
submit to the Secretary of the Senate and the Clerk of the House of 
Representatives a report containing a compilation of the information 
contained in the disclosure reports received during the six-month period 
ending on March 31 or September 30, respectively, of that year.
    (b) The report, including the compilation, shall be available for 
public inspection 30 days after receipt of the report by the Secretary 
and the Clerk.

[[Page 556]]

    (c) Information that involves intelligence matters shall be reported 
only to the Select Committee on Intelligence of the Senate, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Committees on Appropriations of the Senate and 
the House of Representatives in accordance with procedures agreed to by 
such committees. Such information shall not be available for public 
inspection.
    (d) Information that is classified under Executive Order 12356 or 
any successor order shall be reported only to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives or the Committees on Armed Services of the 
Senate and the House of Representatives (whichever such committees have 
jurisdiction of matters involving such information) and to the 
Committees on Appropriations of the Senate and the House of 
Representatives in accordance with procedures agreed to by such 
committees. Such information shall not be available for public 
inspection.
    (e) The first semi-annual compilation shall be submitted on May 31, 
1990, and shall contain a compilation of the disclosure reports received 
from December 23, 1989 to March 31, 1990.
    (f) Major agencies, designated by the Office of Management and 
Budget (OMB), are required to provide machine-readable compilations to 
the Secretary of the Senate and the Clerk of the House of 
Representatives no later than with the compilations due on May 31, 1991. 
OMB shall provide detailed specifications in a memorandum to these 
agencies.
    (g) Non-major agencies are requested to provide machine-readable 
compilations to the Secretary of the Senate and the Clerk of the House 
of Representatives.
    (h) Agencies shall keep the originals of all disclosure reports in 
the official files of the agency.



Sec.  105-69.605  Inspector General report.

    (a) The Inspector General, or other official as specified in 
paragraph (b) of this section, of each agency shall prepare and submit 
to Congress each year, commencing with submission of the President's 
Budget in 1991, an evaluation of the compliance of that agency with, and 
the effectiveness of, the requirements herein. The evaluation may 
include any recommended changes that may be necessary to strengthen or 
improve the requirements.
    (b) In the case of an agency that does not have an Inspector 
General, the agency official comparable to an Inspector General shall 
prepare and submit the annual report, or, if there is no such comparable 
official, the head of the agency shall prepare and submit the annual 
report.
    (c) The annual report shall be submitted at the same time the agency 
submits its annual budget justifications to Congress.
    (d) The annual report shall include the following: All alleged 
violations relating to the agency's covered Federal actions during the 
year covered by the report, the actions taken by the head of the agency 
in the year covered by the report with respect to those alleged 
violations and alleged violations in previous years, and the amounts of 
civil penalties imposed by the agency in the year covered by the report.



    Sec. Appendix A to Part 105-69--Certification Regarding Lobbying

 Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge and 
belief, that:
    (1) No Federal appropriated funds have been paid or will be paid, by 
or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of an agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress 
in connection with this Federal contract, grant, loan, or cooperative 
agreement, the undersigned shall complete and submit Standard Form-LLL, 
``Disclosure

[[Page 557]]

Form to Report Lobbying,'' in accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards at 
all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required certification shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

            Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with this commitment 
providing for the United States to insure or guarantee a loan, the 
undersigned shall complete and submit Standard Form-LLL, ``Disclosure 
Form to Report Lobbying,'' in accordance with its instructions.
    Submission of this statement is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required statement shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

[[Page 558]]



   Sec. Appendix B to Part 105-69--Disclosure Form To Report Lobbying
[GRAPHIC] [TIFF OMITTED] TC21OC91.008


[[Page 559]]


[GRAPHIC] [TIFF OMITTED] TC21OC91.009


[[Page 560]]


[GRAPHIC] [TIFF OMITTED] TC21OC91.010


[[Page 561]]





PART 105	70_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES 
ACT OF 1986--Table of Contents



Sec.
105-70.000 Scope.
105-70.001 Basis.
105-70.002 Definitions.
105-70.003 Basis for civil penalties and assessments.
105-70.004 Investigation.
105-70.005 Review by the reviewing official.
105-70.006 Prerequisites for issuing a complaint.
105-70.007 Complaint.
105-70.008 Service of complaint.
105-70.009 Answer.
105-70.010 Default upon failure to file an answer.
105-70.011 Referral of complaint and answer to the ALJ.
105-70.012 Notice of hearing.
105-70.013 Parties to the hearing.
105-70.014 Separation of functions.
105-70.015 Ex parte contacts.
105-70.016 Disqualification of reviewing official or ALJ.
105-70.017 Rights of parties.
105-70.018 Authority of the ALJ.
105-70.019 Prehearing conferences.
105-70.020 Disclosure of documents.
105-70.021 Discovery.
105-70.022 Exchange of witness lists, statements, and exhibits.
105-70.023 Subpoena for attendance at hearing.
105-70.024 Protective order.
105-70.025 Fees.
105-70.026 Form, filing and service of papers.
105-70.027 Computation of time.
105-70.028 Motions.
105-70.029 Sanctions.
105-70.030 The hearing and burden of proof.
105-70.031 Determining the amount of penalties and assessments.
105-70.032 Location of hearing.
105-70.033 Witnesses.
105-70.034 Evidence.
105-70.035 The record.
105-70.036 Post-hearing briefs.
105-70.037 Initial decision.
105-70.038 Reconsideration of initial decision.
105-70.039 Appeal to Authority Head.
105-70.040 Stays ordered by the Department of Justice.
105-70.041 Stay pending appeal.
105-70.042 Judicial review.
105-70.043 Collection of civil penalties and assessments.
105-70.044 Right to administrative offset.
105-70.045 Deposit in Treasury of United States.
105-70.046 Compromise or settlement.
105-70.047 Limitations.

    Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809.

    Source: 52 FR 45188, Nov. 25, 1987, unless otherwise noted.



Sec.  105-70.000  Scope.

    This part (a) establishes administrative procedures for imposing 
civil penalties and assessments against persons who make, submit, or 
present, or cause to be made, submitted, or presented, false, 
fictitious, or fraudulent claims or written statements to authorities or 
to their agents, and (b) specifies the hearing and appeal rights of 
persons subject to allegations of liability for such penalties and 
assessments.



Sec.  105-70.001  Basis.

    This part implements the Program Fraud Civil Remedies Act of 1986, 
Pub. L. No. 99-509, 6101-6104, 100 Stat. 1874 (October 21, 1986), to be 
codified at 31 U.S.C. 3801-3812. 31 U.S.C. 3809 of the statute requires 
each authority head to promulgate regulations necessary to implement the 
provisions of the statute.



Sec.  105-70.002  Definitions.

    The following shall have the meanings ascribed to them below unless 
the context clearly indicates otherwise:
    (a) ALJ means an Administrative Law Judge in the Authority appointed 
pursuant to 5 U.S.C. 3105 or detailed to the Authority pursuant to 5 
U.S.C. 3344.
    (b) Authority means the General Services Administration.
    (c) Authority Head means the Administrator or Deputy Administrator 
of General Services.
    (d) Benefit means, in the context of statements, anything of value, 
including but not limited to any advantage, preference, privilege, 
license, permit, favorable decision, ruling, status, or loan guarantee.
    (e) Claim means any request, demand or submission--
    (1) Made to the Authority for property, services, or money 
(including money representing grants, loans, insurance, or benefits);
    (2) Made to a recipient of property, services, or money from the 
Authority or to a party to a contract with the Authority--
    (i) For property or services if the United States--

[[Page 562]]

    (A) Provided such property or services;
    (B) Provided any portion of the funds for the purchase of such 
property or services; or
    (C) Will reimburse such recipient or party for the purchase of such 
property or services; or
    (ii) For the payment of money (including money representing grants, 
loans, insurance, or benefits) if the United States--
    (A) Provided any portion of the money requested or demanded, or
    (B) Will reimburse such recipient or party for any portion of the 
money paid on such request of demand; or
    (3) Made to the Authority which has the effect of decreasing an 
obligation to pay or account for property, services, or money.
    (f) Complaint means the administrative complaint served by the 
reviewing official on the defendant under Sec.  105-70.007.
    (g) Defendant means any person alleged in a complaint under Sec.  
105-70.007 to be liable for a civil penalty or assessment under Sec.  
105-70.003.
    (h) Individual means a natural person.
    (i) Initial Decision means the written decision of the ALJ required 
by Sec.  105-70.010 or Sec.  105-70.037, and includes a revised initial 
decision issued following a remand or a motion for reconsideration.
    (j) Investigating Official means the Inspector General of the 
General Services Administration or an officer or employee of the Office 
of the Inspector General designated by the Inspector General and serving 
in a position for which the rate of basic pay is not less than the 
minimum rate of basic pay for grade GS-16 under the General Schedule.
    (k) Knows or has reason to know means that a person, with respect to 
a claim or statement--
    (1) Has actual knowledge that the claim or statement is false, 
fictitious, or fraudulent;
    (2) Acts in deliberate ignorance of the truth or falsity of the 
claim or statement; or
    (3) Acts in reckless disregard of the truth or falsity of the claim 
or statement.
    (l) Makes, wherever it appears, shall include the terms presents, 
submits, and causes to be made, presented, or submitted. As the context 
requires, ``making'' or ``made'', shall likewise include the 
corresponding forms of such terms.
    (m) Person means any individual, partnership, corporation, 
association, or private organization.
    (n) Representative means an attorney who is a member in good 
standing of the bar of any State, Territory, or possession of the United 
States or of the District of Columbia or the Commonwealth of Puerto 
Rico. (An individual may appear pro se; a corporate officer or an owner 
may represent a business entity.)
    (o) Reviewing Official means the General Counsel of the General 
Services Administration or his designee who is--
    (1) Not subject to supervision by, or required to report to, the 
investigating official; and
    (2) Not employed in the organizational unit of the authority in 
which the investigating official is employed; and
    (3) Serving in a position for which the rate of basic pay is not 
less than the minimum rate of basic pay for grade GS-16 under the 
General Schedule.
    (p) Statement means any representation, certification, affirmation, 
document, record, or accounting or bookkeeping entry made--
    (1) With respect to a claim or to obtain the approval or payment of 
a claim (including relating to eligibility to make a claim); or
    (2) With respect to (including relating to eligibility for)--
    (i) A contract with, or a bid or proposal for a contract with; or
    (ii) A grant, loan, or benefit from, the Authority, or any State, 
political subdivision of a State, or other party, if the United States 
Government provides any portion of the money or property under such 
contract or for such grant, loan, or benefit, or if the Government will 
reimburse such State, political subdivision, or party for any portion of 
the money or property under such contract or for such grant, loan, or 
benefit.

[[Page 563]]



Sec.  105-70.003  Basis for civil penalties and assessments.

    (a) Claims. (1) Any person who makes a claim that the person knows 
or has reason to know--
    (i) Is false, fictitious, or fraudulent;
    (ii) Includes or is supported by any written statement which asserts 
a material fact which is false, fictitious, or fraudulent;
    (iii) Includes or is supported by any written statement that--
    (A) Omits a material fact;
    (B) Is false, fictitious, or fraudulent as a result of such 
omission; and
    (C) Is a statement in which the person making such statement has a 
duty to include such material fact; or
    (iv) Is for payment for the provision of property or services which 
the person has not provided as claimed, shall be subject, in addition to 
any other remedy that may be prescribed by law, to a civil penalty of 
not more than $13,000 for each such claim.
    (2) Each voucher, invoice, claim form, or other individual request 
or demand for property, services, or money constitutes a separate claim.
    (3) A claim shall be considered made to the Authority, recipient, or 
party when such claim is actually made to an agent, fiscal intermediary, 
or other entity, including any State or political subdivision thereof, 
acting for or on behalf of the Authority, recipient, or party.
    (4) Each claim for property, services, or money is subject to a 
civil penalty regardless of whether such property, services, or money is 
actually delivered or paid.
    (5) If the Government has made any payment (including transferred 
property or provided services) on a claim, a person subject to a civil 
penalty under paragraph (a)(1) of this section shall also be subject to 
an assessment of not more than twice the amount of such claim or that 
portion thereof that is determined to be in violation of paragraph 
(a)(1) of this section. Such assessment shall be in lieu of damages 
sustained by the Government because of such claim.
    (b) Statements. (1) Any person who makes a written statement that--
    (i) The person knows or has reason to know--
    (A) Asserts a material fact which is false, fictitious, or 
fraudulent; or
    (B) Is false, fictitious, or fraudulent because it omits a material 
fact that the person making the statement has a duty to include in such 
statement; and
    (ii) Contains or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
statement, shall be subject, in addition to any other remedy that may be 
prescribed by law, to a civil penalty of not more than $13,000 for each 
such statement.
    (2) Each written representation, certification, or affirmation 
constitutes a separate statement.
    (3) A statement shall be considered made to the Authority when such 
statement is actually made to an agent, fiscal intermediary, or other 
entity, including any State or political subdivision thereof, acting for 
or on behalf of the Authority.
    (c) No proof of specific intent to defraud is required to establish 
liability under this section.
    (d) In any case in which it is determined that more than one person 
is liable for making a claim or statement under this section, each such 
person may be held liable for a civil penalty under this section.
    (e) In any case in which it is determined that more than one person 
is liable for making a claim under this section on which the Government 
has made payment (including transferred property or provided services), 
an assessment may be imposed against any such person or jointly and 
severally against any combination of such persons.

[52 FR 45188, Nov. 25, 1987, as amended at 61 FR 67235, Dec. 20, 1996; 
82 FR 40958, Aug. 29, 2017; 83 FR 1304, Jan. 11, 2018; 84 FR 53065, Oct. 
4, 2019; 86 FR 21949, Apr. 26, 2021; 87 FR 2350, Jan. 14, 2022; 88 FR 
2248, Jan. 13, 2023]



Sec.  105-70.004  Investigation.

    (a) If an investigating official concludes that a subpoena pursuant 
to the authority conferred by 31 U.S.C. 3804(a) is warranted--
    (1) The subpoena so issued shall notify the person to whom it is 
addressed of the authority under which the subpoena is issued and shall 
identify the records or documents sought;

[[Page 564]]

    (2) The investigating official may designate a person to act on his 
or her behalf to receive the documents sought; and
    (3) The person receiving such subpoena shall be required to tender 
to the investigating official or the person designated to receive the 
documents a certification that the documents sought have been produced, 
or that such documents are not available and the reasons therefor, or 
that such documents, suitably identified, have been withheld based upon 
the assertion of an identified privilege, or any combination of the 
foregoing.
    (b) If the investigating official concludes that an action under the 
Program Fraud Civil Remedies Act may be warranted, the investigating 
official shall submit a report containing the findings and conclusions 
of such investigation to the reviewing official.
    (c) Nothing in this section shall preclude or limit an investigating 
official's discretion to refer allegations directly to the Department of 
Justice for suit under the False Claims Act or other civil relief, or to 
defer or postpone a report or referral to the reviewing official to 
avoid interference with a criminal investigation or prosecution.
    (d) Nothing in this section modifies any responsibility of an 
investigating official to report violations of criminal law to the 
Attorney General.



Sec.  105-70.005  Review by the reviewing official.

    (a) If, based on the report of the investigating official under 
Sec.  105-70.004(b), the reviewing official determines that there is 
adequate evidence to believe that a person is liable under Sec.  105-
70.003 of this part, the reviewing official shall transmit to the 
Attorney General a written notice of the reviewing official's intention 
to issue a complaint under Sec.  105-70.007.
    (b) Such notice shall include--
    (1) A statement of the reviewing official's reasons for issuing a 
complaint;
    (2) A statement specifying the evidence that supports the 
allegations of liability;
    (3) A description of the claims or statements upon which the 
allegations of liability are based;
    (4) An estimate of the amount of money or the value of property, 
services, or other benefits requested or demanded in violation of Sec.  
105-70.003 of this part;
    (5) A statement of any exculpatory or mitigating circumstances that 
may relate to the claims or statements known by the reviewing official 
or the investigating official; and
    (6) A statement that there is a reasonable prospect of collecting an 
appropriate amount of penalties and assessments.



Sec.  105-70.006  Prerequisites for issuing a complaint.

    (a) The reviewing official may issue a complaint under Sec.  105-
70.007 only if--
    (1) The Department of Justice approves the issuance of a complaint 
in a written statement described in 31 U.S.C. 3803(b)(1), and
    (2) In the case of allegations of liability under Sec.  105-
70.003(a) with respect to a claim, the reviewing official determines 
that, with respect to such claim or a group of related claims submitted 
at the same time such claim is submitted (as defined in paragraph (b) of 
this section), the amount of money or the value of property or services 
demanded or requested in violation of Sec.  105-70.003(a) does not 
exceed $150,000.
    (b) For the purposes of this section, a related group of claims 
submitted at the same time shall include only those claims arising from 
the same transaction (e.g., grant, loan, application, or contract) that 
are submitted simultaneously as part of a single request, demand, or 
submission.
    (c) Nothing in this section shall be construed to limit the 
reviewing official's authority to join in a single complaint against a 
person claims that are unrelated or were not submitted simultaneously, 
regardless of the amount of money or the value of property or services 
demanded or requested.



Sec.  105-70.007  Complaint.

    (a) On or after the date the Department of Justice approves the 
issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the 
reviewing official may serve a complaint on the defendant, as provided 
in Sec.  105-70.008.
    (b) The complaint shall state--

[[Page 565]]

    (1) The allegations of liability against the defendant, including 
the statutory basis for liability, an identification of the claims or 
statements that are the basis for the alleged liability, and the reasons 
why liability allegedly arises from such claims or statements;
    (2) The maximum amount of penalties and assessments for which the 
defendant may be held liable;
    (3) Instructions for filing an answer including a specific statement 
of the defendant's right to request a hearing by filing an answer and to 
be represented by a representative; and
    (4) That failure to file an answer within 30 days of service of the 
complaint will result in the imposition of the maximum amount of 
penalties and assessments without right to appeal, as provided in Sec.  
105-70.010.
    (c) At the same time the reviewing official serves the complaint, he 
or she shall serve the defendant with a copy of these regulations.



Sec.  105-70.008  Service of complaint.

    (a) Service of a complaint must be made by certified or registered 
mail or by delivery in any manner authorized by Rule 4(d) of the Federal 
Rules of Civil Procedure. Service is complete upon receipt.
    (b) Proof of service, stating the name and address of the person on 
whom the complaint was served, and the manner and date of service, may 
be made by--
    (1) Affidavit of the individual serving the complaint by delivery;
    (2) A United States Postal Service return receipt card acknowledging 
receipt; or
    (3) Written acknowledgment of receipt by the defendant or his 
representative.



Sec.  105-70.009  Answer.

    (a) The defendant may request a hearing by filing an answer with the 
reviewing official within 30 days of service of the complaint. An answer 
shall be deemed to be a request for hearing.
    (b) In the answer, the defendant--
    (1) Shall admit or deny each of the allegations of liability made in 
the complaint;
    (2) Shall state any defense on which the defendant intends to rely;
    (3) May state any reasons why the defendant contends that the 
penalties and assessments should be less than the statutory maximum; and
    (4) Shall state the name, address, and telephone number of the 
person authorized by the defendant to act as defendant's representative, 
if any.
    (c) If the defendant is unable to file an answer meeting the 
requirements of paragraph (b) of this section within the time provided, 
the defendant may, before the expiration of 30 days from service of the 
complaint, file with the reviewing official a general answer denying 
liability and requesting a hearing, and a request for an extension of 
time within which to file an answer meeting the requirements of 
paragraph (b) of this section. The reviewing official shall file 
promptly with the ALJ the complaint, the general answer denying 
liability, and the request for an extension of time as provided in Sec.  
105-70.011. For good cause shown, the ALJ may grant the defendant up to 
30 additional days within which to file an answer meeting the 
requirements of paragraph (b) of this section.



Sec.  105-70.010  Default upon failure to file an answer.

    (a) If the defendant does not file an answer within the time 
prescribed in Sec.  105-70.009(a), the reviewing official may refer the 
complaint to the ALJ.
    (b) Upon the referral of the complaint, the ALJ shall promptly serve 
on the defendant in the manner prescribed in Sec.  105-70.008, a notice 
that an initial decision will be issued under this section.
    (c) The ALJ shall assume the facts alleged in the complaint to be 
true, and, if such facts establish liability under Sec.  105-70.003, the 
ALJ shall issue an initial decision imposing the maximum amount of 
penalties and assessments allowed under the statute.
    (d) Except as otherwise provided in this section, by failing to file 
a timely answer, the defendant waives any right to further review of the 
penalties and assessments imposed under paragraph (c) of this section, 
and the initial decision shall become final and binding

[[Page 566]]

upon the parties 30 days after it is issued.
    (e) If, before such an initial decision becomes final, the defendant 
files a motion with the ALJ seeking to reopen on the grounds that 
extraordinary circumstances prevented the defendant from filing an 
answer, the initial decision shall be stayed pending the ALJ's decision 
on the motion.
    (f) If, on such motion, the defendant can demonstrate extraordinary 
circumstances excusing the failure to file a timely answer, the ALJ 
shall withdraw the initial decision in paragraph (c) of this section, if 
such a decision has been issued, and shall grant the defendant an 
opportunity to answer the complaint.
    (g) A decision of the ALJ denying a defendant's motion under 
paragraph (e) of this section is not subject to reconsideration under 
Sec.  105-70.038.
    (h) The defendant may appeal to the Authority Head the decision 
denying a motion to reopen by filing a notice of appeal with the 
Authority Head within 15 days after the ALJ denies the motion. The 
timely filing of a notice of appeal shall stay the initial decision 
until the Authority Head decides the issue.
    (i) If the defendant files a timely notice of appeal with the 
Authority Head, the ALJ shall forward the record of the proceeding to 
the Authority Head.
    (j) The Authority Head shall decide expeditiously whether 
extraordinary circumstances excuse the defendant's failure to file a 
timely answer based solely on the record before the ALJ.
    (k) If the Authority Head decides that extraordinary circumstances 
excused the defendant's failure to file a timely answer, the Authority 
Head shall remand the case to the ALJ with instructions to grant the 
defendant an opportunity to answer.
    (l) If the Authority Head decides that the defendant's failure to 
file a timely answer is not excused, the Authority Head shall reinstate 
the initial decision of the ALJ, which shall become final and binding 
upon the parties 30 days after the Authority Head issues such decision.



Sec.  105-70.011  Referral of complaint and answer to the ALJ.

    Upon receipt of an answer, the reviewing official shall file the 
complaint and answer with the ALJ.



Sec.  105-70.012  Notice of hearing.

    (a) When the ALJ receives the complaint and answer, the ALJ shall 
promptly serve a notice of hearing upon the defendant in the manner 
prescribed by Sec.  105-70.008. At the same time, the ALJ shall send a 
copy of such notice to the representative for the Government.
    (b) Such notice shall include--
    (1) The tentative time and place, and the nature of the hearing;
    (2) The legal authority and jurisdiction under which the hearing is 
to be held;
    (3) The matters of fact and law to be asserted;
    (4) A description of the procedures for the conduct of the hearing;
    (5) The name, address, and telephone number of the representative of 
the Government and of the defendant, if any; and
    (6) Such other matters as the ALJ deems appropriate.



Sec.  105-70.013  Parties to the hearing.

    (a) The parties to the hearing shall be the defendant and the 
Authority.
    (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the 
False Claims Act may participate in these proceedings to the extent 
authorized by the provisions of that Act.



Sec.  105-70.014  Separation of functions.

    (a) The investigating official, the reviewing official, and any 
employee or agent of the Authority who takes part in investigating, 
preparing, or presenting a particular case may not, in such case or a 
factually related case--
    (1) Participate in the hearing as the ALJ;
    (2) Participate or advise in the initial decision or the review of 
the initial decision by the Authority Head, except as a witness or a 
representative in public proceedings; or
    (3) Make the collection of penalties and assessments under 31 U.S.C. 
3806.

[[Page 567]]

    (b) The ALJ shall not be responsible to, or subject to the 
supervision or direction of the investigating official or the reviewing 
official.
    (c) Except as provided in paragraph (a) of this section, the 
representative for the Government may be employed anywhere in the 
Authority, including in the offices of either the investigating official 
or the reviewing official.



Sec.  105-70.015  Ex parte contacts.

    No party or person (except employees of the ALJ's office) shall 
communicate in any way with the ALJ on any matter at issue in a case, 
unless on notice and opportunity for all parties to participate. This 
provision does not prohibit a person or party from inquiring about the 
status of a case or asking routine questions concerning administrative 
functions or procedures.



Sec.  105-70.016  Disqualification of reviewing official or ALJ.

    (a) A reviewing official or ALJ in a particular case may disqualify 
himself or herself at any time.
    (b) A party may file with the ALJ a motion for disqualification of a 
reviewing official or an ALJ. Such motion shall be accompanied by an 
affidavit alleging personal bias or other reason for disqualification.
    (c) Such motion and affidavit shall be filed promptly upon the 
party's discovery of reasons requiring disqualification, or such 
objections shall be deemed waived.
    (d) Such affidavit shall state specific facts that support the 
party's belief that personal bias or other reason for disqualification 
exists and the time and circumstances of the party's discovery of such 
facts. It shall be accompanied by a certificate of the representative of 
record that it is made in good faith.
    (e) Upon the filing of such a motion and affidavit, the ALJ shall 
proceed not further in the case until he or she resolves the matter of 
disqualification in accordance with paragraph (f) of this section.
    (f)(1) If the ALJ determines that a reviewing official is 
disqualified, the ALJ shall dismiss the complaint without prejudice.
    (2) If the ALJ disqualifies himself or herself, the case shall be 
reassigned promptly to another ALJ.
    (3) If the ALJ denies a motion to disqualify, the authority head may 
determine the matter only as part of his or her review of the initial 
decision upon appeal, if any.



Sec.  105-70.017  Rights of parties.

    Except as otherwise limited by this part, all parties may--
    (a) Be accompanied, represented, and advised by a representative;
    (b) Participate in any conference held by the ALJ;
    (c) Conduct discovery;
    (d) Agree to stipulations of fact or law, which shall be made part 
of the record;
    (e) Present evidence relevant to the issues at the hearing;
    (f) Present and cross-examine witnesses;
    (g) Present oral argument at the hearing as permitted by the ALJ; 
and
    (h) Submit written briefs and proposed findings of fact and 
conclusions of law after the hearing.



Sec.  105-70.018  Authority of the ALJ.

    (a) The ALJ shall conduct a fair and impartial hearing, avoid delay, 
maintain order, and assure that a record of the proceeding is made.
    (b) The ALJ has the authority to--
    (1) Set and change the date, time, and place of the hearing upon 
reasonable notice to the parties;
    (2) Continue or recess the hearing in whole or in part for a 
reasonable period of time;
    (3) Hold conferences to identify or simplify the issues, or to 
consider other matters that may aid in the expeditious disposition of 
the proceeding;
    (4) Administer oaths and affirmations;
    (5) Issue subpoenas requiring the attendance of witnesses and the 
production of documents at depositions or at hearings;
    (6) Rule on motions and other procedural matters;
    (7) Regulate the scope and timing of discovery;
    (8) Regulate the course of the hearing and the conduct of 
representatives and parties;

[[Page 568]]

    (9) Examine witnesses;
    (10) Receive, rule on, exclude, or limit evidence;
    (11) Upon motion of a party, take official notice of facts;
    (12) Upon motion of a party, decide cases, in whole or in part, by 
summary judgment where there is no disputed issue of material fact;
    (13) Conduct any conference, argument, or hearing on motions in 
person or by telephone; and
    (14) Exercise such other authority as is necessary to carry out the 
responsibility of the ALJ under this part.
    (c) The ALJ does not have the authority to find Federal statutes or 
regulations invalid.



Sec.  105-70.019  Prehearing conferences.

    (a) The ALJ may schedule prehearing conferences as appropriate.
    (b) Upon the motion of any party, the ALJ shall schedule at least 
one prehearing conference at a reasonable time in advance of the 
hearing.
    (c) The ALJ may use prehearing conferences to discuss the following:
    (1) Simplification of the issues;
    (2) The necessity or desirability of amendments to the pleadings, 
including the need for a more definite statement;
    (3) Stipulations and admissions of fact or as to the contents and 
authenticity of documents;
    (4) Whether the parties can agree to submission of the case on a 
stipulated record;
    (5) Whether a party chooses to waive appearance at an oral hearing 
and to submit only documentary evidence (subject to the objection of 
other parties) and written argument;
    (6) Limitation of the number of witnesses;
    (7) Scheduling dates for the exchange of witness lists and of 
proposed exhibits;
    (8) Discovery;
    (9) The time and place for the hearing; and
    (10) Such other matters as may tend to expedite the fair and just 
disposition of the proceedings.
    (d) The ALJ may issue an order containing all matters agreed upon by 
the parties or ordered by the ALJ at a prehearing conference.



Sec.  105-70.020  Disclosure of documents.

    (a) Upon written request to the reviewing official, the defendant 
may review any relevant and material documents, transcripts, records, 
and other materials that relate to the allegations set out in the 
complaint and upon which the findings and conclusions of the 
investigating official under Sec.  105-70.004(b) are based, unless such 
documents are subject to a privilege under Federal law. Upon payment of 
fees for duplication, the defendant may obtain copies of such documents.
    (b) Upon written request to the reviewing official, the defendant 
also may obtain a copy of all exculpatory information in the possession 
of the reviewing official or investigating official relating to the 
allegations in the complaint, even if it is contained in a document that 
would otherwise be privileged. If the document would otherwise be 
privileged, only that portion containing exculpatory information must be 
disclosed.
    (c) The notice sent to the Attorney General from the reviewing 
official as described in Sec.  105-70.005 is not discoverable under any 
circumstances.
    (d) The defendant may file a motion to compel disclosure of the 
documents subject to the provisions of this section. Such a motion may 
only be filed with the ALJ following the filing of an answer pursuant to 
Sec.  105-70.009.



Sec.  105-70.021  Discovery.

    (a) The following types of discovery are authorized:
    (1) Requests for production of documents for inspection and copying;
    (2) Requests for admissions of the authenticity of any relevant 
document or of the truth of any relevant fact;
    (3) Written interrogatories; and
    (4) Depositions.
    (b) For the purpose of this section and Sec. Sec.  105-70.022 and 
105-70.023, the term ``documents'' includes information, documents, 
reports, answers, records, accounts, papers, and other data and 
documentary evidence. Nothing contained herein shall be interpreted to 
require the creation of a document.
    (c) Unless mutually agreed to by the parties, discovery is available 
only as ordered by the ALJ. The ALJ shall regulate the timing of 
discovery.

[[Page 569]]

    (d) Motions for discovery. (1) A party seeking discovery may file a 
motion with the ALJ. Such a motion shall be accompanied by a copy of the 
requested discovery, or in the case of depositions, a summary of the 
scope of the proposed deposition.
    (2) Within ten days of service, a party may file an opposition to 
the motion and/or a motion for protective order as provided in Sec.  
105-70.024.
    (3) The ALJ may grant a motion for discovery only if he finds that 
the discovery sought--
    (i) Is necessary for the expeditious, fair, and reasonable 
consideration of the issues;
    (ii) Is not unduly costly or burdensome;
    (iii) Will not unduly delay the proceeding; and
    (iv) Does not seek privileged information.
    (4) The burden of showing that discovery should be allowed is on the 
party seeking discovery;
    (5) The ALJ may grant discovery subject to a protective order under 
Sec.  105-70.024.
    (e) Depositions. (1) If a motion for deposition is granted, the ALJ 
shall issue a subpoena for the deponent, which may require the deponent 
to produce documents. The subpoena shall specify the time and place at 
which the deposition will be held.
    (2) The party seeking to depose shall serve the subpoena in the 
manner prescribed in Sec.  105-70.008.
    (3) The deponent may file with the ALJ a motion to quash the 
subpoena or a motion for a protective order within ten days of service.
    (4) The party seeking to depose shall provide for the taking of a 
verbatim transcript of the deposition, which it shall make available to 
all other parties for inspection and copying.
    (f) Each party shall bear its own costs of discovery.



Sec.  105-70.022  Exchange of witness lists, statements, and exhibits.

    (a) At least 15 days before the hearing or at such other time as may 
be ordered by the ALJ, the parties shall exchange witness lists, copies 
of prior statements of proposed witnesses, and copies of proposed 
hearing exhibits, including copies of any written statements that the 
party intends to offer in lieu of live testimony in accordance with 
Sec.  105-70.033(b). At the time the above documents are exchanged, any 
party that intends to rely on the transcript of deposition testimony in 
lieu of live testimony at the hearing, if permitted by the ALJ, shall 
provide each party with a copy of the specific pages of the transcript 
it intends to introduce into evidence.
    (b) If a party objects, the ALJ shall not admit into evidence the 
testimony of any witness whose name does not appear on the witness list 
or any exhibit not provided to the opposing party as provided above 
unless the ALJ finds good cause for the failure or that there is no 
prejudice to the objecting party.
    (c) Unless another party objects within the time set by the ALJ, 
documents exchanged in accordance with paragraph (a) of this section 
shall be deemed to be authentic for the purpose of admissibility at the 
hearing.



Sec.  105-70.023  Subpoena for attendance at hearing.

    (a) A party wishing to procure the appearance and testimony of any 
individual at the hearing may request that the ALJ issue a subpoena.
    (b) A subpoena requiring the attendance and testimony of an 
individual may also require the individual to produce documents at the 
hearing.
    (c) A party seeking a subpoena shall file a written request therefor 
not less than 15 days before the date fixed for the hearing unless 
otherwise allowed by the ALJ for good cause shown. Such request shall 
specify any documents to be produced and shall designate the witnesses 
and describe the address and location thereof with sufficient 
particularity to permit such witnesses to be found.
    (d) The subpoena shall specify the time and place at which the 
witness is to appear and any documents the witness is to produce.
    (e) The party seeking the subpoena shall serve it in the manner 
prescribed in Sec.  105-70.008. A subpoena on a party or upon an 
individual under the control of a party may be served by first class 
mail.

[[Page 570]]

    (f) A party or the individual to whom the subpoena is directed may 
file with the ALJ a motion to quash the subpoena within ten days after 
service or on or before the time specified in the subpoena for 
compliance if it is less than ten days after service.



Sec.  105-70.024  Protective order.

    (a) A party or a prospective witness or deponent may file a motion 
for a protective order with respect to discovery sought by an opposing 
party or with respect to the hearing, seeking to limit the availability 
or disclosure of evidence.
    (b) In issuing a protective order, the ALJ may make any order which 
justice requires to protect a party or person from annoyance, 
embarrassment, oppression, or undue burden or expense, including one or 
more of the following:
    (1) That the discovery not be had;
    (2) That the discovery may be had only on specified terms and 
conditions, including a designation of the time or place;
    (3) That the discovery may be had only through a method of discovery 
other than that requested;
    (4) That certain matters not be inquired into, or that the scope of 
discovery be limited to certain matters;
    (5) That discovery be conducted with no one present except persons 
designated by the ALJ;
    (6) That the contents of discovery or evidence be sealed;
    (7) That a deposition after being sealed be opened only by order of 
the ALJ;
    (8) That a trade secret or other confidential research, development, 
commercial information, or facts pertaining to any criminal 
investigation, proceeding, or other administrative investigation not be 
disclosed or be disclosed only in a designated way; or
    (9) That the parties simultaneously file specified documents or 
information enclosed in sealed envelopes to be opened as directed by the 
ALJ.



Sec.  105-70.025  Fees.

    The party requesting a subpoena shall pay the cost of the fees and 
mileage of any witness subpoenaed in the amounts that would be payable 
to a witness in a proceeding in United States District Court. A check 
for witness fees and mileage shall accompany the subpoena when served, 
except that when a subpoena is issued on behalf of the Authority, a 
check for witness fees and mileage need not accompany the subpoena.



Sec.  105-70.026  Form, filing and service of papers.

    (a) Form. (1) Documents filed with the ALJ shall include an original 
and two copies.
    (2) Every pleading and paper filed in the proceeding shall contain a 
caption setting forth the title of the action, the case number assigned 
by the ALJ, and a designation of the paper (e.g., motion to quash 
subpoena).
    (3) Every pleading and paper shall be signed by, and shall contain 
the address and telephone number of the party or the person on whose 
behalf the paper was filed, or his or her representative.
    (4) Papers are considered filed when they are mailed. Date of 
mailing may be established by a certificate from the party or its 
representative or by proof that the document was sent by certified or 
registered mail.
    (b) Service. A party filing a document with the ALJ shall, at the 
time of filing, serve a copy of such document on every other party. 
Service upon any party of any document other than those required to be 
served as prescribed in Sec.  105-70.008 shall be made by delivering a 
copy or by placing a copy of the document in the United States mail, 
postage prepaid and addressed to the party's last known address. When a 
party is represented by a representative, service shall be made upon 
such representative in lieu of the actual party.
    (c) Proof of service. A certificate of the individual serving the 
document by personal delivery or by mail, setting forth the manner of 
service, shall be proof of service.



Sec.  105-70.027  Computation of time.

    (a) In computing any period of time under this part or in an order 
issued thereunder, the time begins with the day following the act, 
event, or default, and includes the last day of the period, unless it is 
a Saturday, Sunday, or

[[Page 571]]

legal holiday observed by the Federal government, in which event it 
includes the next business day.
    (b) When the period of time allowed is less than seven days, 
intermediate Saturdays, Sundays, and legal holidays observed by the 
Federal government shall be excluded from the computation.
    (c) Where a document has been served or issued by placing it in the 
mail, an additional five days will be added to the time permitted for 
any response.



Sec.  105-70.028  Motions.

    (a) Any application to the ALJ for an order or ruling shall be by 
motion. Motions shall state the relief sought, the authority relied 
upon, and the facts alleged, and shall be filed with the ALJ and served 
on all other parties.
    (b) Except for motions made during a prehearing conference or at the 
hearing, all motions shall be in writing. The ALJ may require that oral 
motions be reduced to writing.
    (c) Within 15 days after a written motion is served, or such other 
time as may be fixed by the ALJ, any party may file a response to such 
motion.
    (d) The ALJ may not grant a written motion before the time for 
filing responses thereto has expired, except upon consent of the parties 
or following a hearing on the motion, but may overrule or deny such 
motion without awaiting a response.
    (e) The ALJ shall make a reasonable effort to dispose of all 
outstanding motions prior to the beginning of the hearing.



Sec.  105-70.029  Sanctions.

    (a) The ALJ may sanction a person, including any party or 
representative for--
    (1) Failing to comply with an order, rule, or procedure governing 
the proceeding;
    (2) Failing to prosecute or defend an action; or
    (3) Engaging in other misconduct that interferes with the speedy, 
orderly, or fair conduct of the hearing.
    (b) Any such sanction, including but not limited to those listed in 
paragraphs (c), (d), and (e) of this section, shall reasonably relate to 
the severity and nature of the failure or misconduct.
    (c) When a party fails to comply with an order, including an order 
for taking a deposition, the production of evidence within the party's 
control, or a request for admission, the ALJ may--
    (1) Draw an inference in favor of the requesting party with regard 
to the information sought;
    (2) In the case of requests for admission, deem each matter of which 
an admission is requested to be admitted;
    (3) Prohibit the party failing to comply with such order from 
introducing evidence concerning, or otherwise relying upon, testimony 
relating to the information sought; and
    (4) Strike any part of the pleadings or other submissions of the 
party failing to comply with such request.
    (d) If a party fails to prosecute or defend an action under this 
part commenced by service of a notice of hearing, the ALJ may dismiss 
the action or may issue an initial decision imposing penalties and 
assessments.
    (e) The ALJ may refuse to consider any motion, request, response, 
brief or other document which is not filed in a timely fashion.



Sec.  105-70.030  The hearing and burden of proof.

    (a) The ALJ shall conduct a hearing on the record in order to 
determine whether the defendant is liable for a civil penalty or 
assessment under Sec.  105-70.003 and, if so, the appropriate amount of 
any such civil penalty or assessment considering any aggravating or 
mitigating factors.
    (b) The authority shall prove defendant's liability and any 
aggravating factors by a preponderance of the evidence.
    (c) The defendant shall prove any affirmative defenses and any 
mitigating factors by a preponderance of the evidence.
    (d) The hearing shall be open to the public unless otherwise ordered 
by the ALJ for good cause shown.



Sec.  105-70.031  Determining the amount of penalties and assessments.

    In determining an appropriate amount of civil penalties and 
assessments, the ALJ and the Authority

[[Page 572]]

Head, upon appeal, should evaluate any circumstances presented that 
mitigate or aggravate the violation and should articulate in their 
opinions the reasons that support the penalties and assessments they 
impose.



Sec.  105-70.032  Location of hearing.

    (a) The hearing may be held--
    (1) In any judicial district of the United States in which the 
defendant resides or transacts business;
    (2) In any judicial district of the United States in which the claim 
or statement in issue was made; or
    (3) In such other place as may be agreed upon by the defendant and 
the ALJ.
    (b) Each party shall have the opportunity to present arguments with 
respect to the location of the hearing.
    (c) The hearing shall be held at the place and at the time ordered 
by the ALJ.



Sec.  105-70.033  Witnesses.

    (a) Except as provided in paragraph (b) of this section, testimony 
at the hearing shall be given orally by witnesses under oath or 
affirmation.
    (b) At the discretion of the ALJ, testimony may be admitted in the 
form of a written statement or deposition. Any such written statement 
must be provided to all other parties along with the last known address 
of such witness, in a manner which allows sufficient time for other 
parties to subpoena such witness for cross-examination at the hearing. 
Prior written statements of witnesses proposed to testify at the hearing 
and deposition transcripts shall be exchanged as provided in Sec.  105-
70.022(a).
    (c) The ALJ shall exercise reasonable control over the mode and 
order of interrogating witnesses and presenting evidence so as to--
    (1) Make the interrogation and presentation effective for the 
ascertainment of the truth,
    (2) Avoid needless consumption of time, and
    (3) Protect witnesses from harassment or undue embarrassment.
    (d) The ALJ shall permit the parties to conduct such cross-
examination as may be required for a full and true disclosure of the 
facts.
    (e) To the extent permitted by the ALJ, cross-examination on matters 
outside the scope of direct examination shall be conducted in the manner 
of direct examination and may proceed by leading questions only if the 
witness is a hostile witness, an adverse party, or a witness identified 
with an adverse party.
    (f) Upon motion of any party, the ALJ shall order witnesses excluded 
so that they cannot hear the testimony of other witnesses. This rule 
does not authorize exclusion of--
    (1) A party who is an individual;
    (2) In the case of a party that is not an individual, an officer or 
employee of the party appearing for the entity pro se or designated by 
the party's representative; or
    (3) An individual whose presence is shown by a party to be essential 
to the presentation of its case, including an individual employed by the 
Government engaged in assisting the representative for the Government.



Sec.  105-70.034  Evidence.

    (a) The ALJ shall determine the admissibility of evidence.
    (b) Except as provided in this part, the ALJ shall not be bound by 
the Federal Rules of Evidence. However, the ALJ may apply the Federal 
Rules of Evidence where appropriate, e.g., to exclude unreliable 
evidence.
    (c) The ALJ shall exclude irrelevant and immaterial evidence.
    (d) Although relevant, evidence may be excluded if its probative 
value is substantially outweighed by the danger of unfair prejudice, 
confusion of the issues, or by considerations of undue delay or needless 
presentation of cumulative evidence.
    (e) Although relevant, evidence may be excluded if it is privileged 
under Federal law.
    (f) Evidence concerning offers of compromise or settlement shall be 
inadmissible to the extent provided in Rule 408 of the Federal Rules of 
Evidence.
    (g) The ALJ shall permit the parties to introduce rebuttal witnesses 
and evidence.
    (h) All documents and other evidence offered or taken for the record 
shall be

[[Page 573]]

open to examination by all parties, unless otherwise ordered by the ALJ 
pursuant to Sec.  105-70.024.



Sec.  105-70.035  The record.

    (a) The hearing will be recorded and transcribed. Transcripts may be 
obtained following the hearing from the ALJ at a cost not to exceed the 
actual cost of duplication.
    (b) The transcript of testimony, exhibits and other evidence 
admitted at the hearing, and all papers and requests filed in the 
proceeding constitute the record for the decision by the ALJ and the 
Authority Head.
    (c) The record may be inspected and copied (upon payment of a 
reasonable fee) by anyone, unless otherwise ordered by the ALJ pursuant 
to Sec.  105-70.024.



Sec.  105-70.036  Post-hearing briefs.

    The ALJ may require the parties to file post-hearing briefs. In any 
event, any party may file a post-hearing brief. The ALJ shall fix the 
time for filing such briefs, not to exceed 60 days from the date the 
parties receive the transcript of the hearing or, if applicable, the 
stipulated record. Such briefs may be accompanied by proposed findings 
of fact and conclusions of law. The ALJ may permit the parties to file 
reply briefs.



Sec.  105-70.037  Initial decision.

    (a) The ALJ shall issue an initial decision based only on the 
record, which shall contain findings of fact, conclusions of law, and 
the amount of any penalties and assessments imposed.
    (b) The findings of fact shall include a finding on each of the 
following issues:
    (1) Whether the claims or statements identified in the complaint, or 
any portions thereof, violate Sec.  105-70.003.
    (2) If the person is liable for penalties or assessments, the 
appropriate amount of any such penalties or assessments considering any 
mitigating or aggravating factors that he or she finds in the case.
    (c) The ALJ shall promptly serve the initial decision on all parties 
within 90 days after the time for submission of post-hearing briefs and 
reply briefs (if permitted) has expired. The ALJ shall at the same time 
serve all parties with a statement describing the right of any defendant 
determined to be liable for a civil penalty or assessment to file a 
motion for reconsideration with the ALJ or a notice of appeal with the 
Authority Head. If the ALJ fails to meet the deadline contained in this 
paragraph, he or she shall notify the parties of the reason for the 
delay and shall set a new deadline.
    (d) Unless the initial decision of the ALJ is timely appealed to the 
Authority Head, or a motion for reconsideration of the initial decision 
is timely filed, the initial decision shall constitute the final 
decision of the Authority Head and shall be final and binding on the 
parties 30 days after it is issued by the ALJ.



Sec.  105-70.038  Reconsideration of initial decision.

    (a) Except as provided in paragraph (d) of this section, any party 
may file a motion for reconsideration of the initial decision within 20 
days of receipt of the initial decision. If service was made by mail, 
receipt will be presumed to be five days from the date of mailing in the 
absence of contrary proof.
    (b) Every such motion must set forth the matters claimed to have 
been erroneously decided and the nature of the alleged errors. Such 
motion shall be accompanied by a supporting brief.
    (c) Responses to such motions shall be allowed only upon request of 
the ALJ.
    (d) No party may file a motion for reconsideration of an initial 
decision that has been revised in response to a previous motion for 
reconsideration.
    (e) The ALJ may dispose of a motion for reconsideration by denying 
it or by issuing a revised initial decision.
    (f) If the ALJ denies a motion for reconsideration, the initial 
decision shall constitute the final decision of the Authority Head and 
shall be final and binding on the parties 30 days after the ALJ denies 
the motion, unless the initial decision is timely appealed to the 
Authority Head in accordance with Sec.  105-70.039.
    (g) If the ALJ issues a revised initial decision, that decision 
shall constitute the final decision of the Authority Head and shall be 
final and binding on

[[Page 574]]

the parties 30 days after it is issued, unless it is timely appealed to 
the Authority Head in accordance with Sec.  105-70.039.



Sec.  105-70.039  Appeal to Authority Head.

    (a) Any defendant who has filed a timely answer and who is 
determined in an initial decision to be liable for a civil penalty or 
assessment may appeal such decision to the Authority Head by filing a 
notice of appeal with the Authority Head in accordance with this 
section.
    (b)(1) A notice of appeal may be filed at any time within 30 days 
after the ALJ issues an initial decision. However, if another party 
files a motion for reconsideration under Sec.  105-70.038, consideration 
of the appeal shall be stayed automatically pending resolution of the 
motion for reconsideration.
    (2) If a motion for reconsideration is timely filed, a notice of 
appeal may be filed within 30 days after the ALJ denies the motion or 
issues a revised initial decision, whichever applies.
    (3) The Authority Head may extend the initial 30 day period for an 
additional 30 days if the defendant files with the Authority Head a 
request for an extension within the initial 30 day period and shows good 
cause.
    (c) If the defendant files a timely notice of appeal with the 
Authority Head and the time for filing motions for reconsideration under 
Sec.  105-70.038 has expired, the ALJ shall forward the record of the 
proceeding to the Authority Head.
    (d) A notice of appeal shall be accompanied by a written brief 
specifying exceptions to the initial decision and reasons supporting the 
exceptions.
    (e) The representative for the Authority may file a brief in 
opposition to exceptions within 30 days of receiving the notice of 
appeal and accompanying brief.
    (f) There is no right to appear personally before the Authority 
Head.
    (g) There is no right to appeal any interlocutory ruling by the ALJ.
    (h) In reviewing the initial decision, the Authority Head shall not 
consider any objection that was not raised before the ALJ unless a 
demonstration is made of extraordinary circumstances causing the failure 
to raise the objection.
    (i) If any party demonstrates to the satisfaction of the Authority 
Head that additional evidence not presented at such hearing is material 
and that there were reasonable grounds for the failure to present such 
evidence at such hearing, the Authority Head shall remand the matter to 
the ALJ for consideration of such additional evidence.
    (j) The Authority Head may affirm, reduce, reverse, compromise, 
remand, or settle any penalty or assessment, determined by the ALJ in 
any initial decision.
    (k) The Authority Head shall promptly serve each party to the appeal 
with a copy of the decision of the Authority Head and a statement 
describing the right of any person determined to be liable for a penalty 
or assessment to seek judicial review.
    (l) Unless a petition for review is filed as provided in 31 U.S.C. 
3805 after a defendant has exhausted all administrative remedies under 
this part and within 60 days after the date on which the Authority Head 
serves the defendant with a copy of the Authority Head's decision, a 
determination that a defendant is liable under Sec.  105-70.003 is final 
and is not subject to judicial review.



Sec.  105-70.040  Stays ordered by the Department of Justice.

    If at any time the Attorney General or an Assistant Attorney General 
designated by the Attorney General transmits to the Authority Head a 
written finding that continuation of the administrative process 
described in this part with respect to a claim or statement may 
adversely affect any pending or potential criminal or civil action 
related to such claim or statement, the Authority Head shall stay the 
process immediately. The Authority Head may order the process resumed 
only upon receipt of the written authorization of the Attorney General.



Sec.  105-70.041  Stay pending appeal.

    (a) An initial decision is stayed automatically pending disposition 
of a motion for reconsideration or of an appeal to the Authority Head.

[[Page 575]]

    (b) No administrative stay is available following a final decision 
of the Authority Head.



Sec.  105-70.042  Judicial review.

    Section 3805 of title 31, United States Code, authorizes judicial 
review by an appropriate United States District Court of a final 
decision of the Authority Head imposing penalties or assessments under 
this part and specifies the procedures for such review.



Sec.  105-70.043  Collection of civil penalties and assessments.

    Sections 3806 and 3808(b) of title 31, United States Code, authorize 
action for collection of civil penalties and assessments imposed under 
this part and specify the procedures for such actions.



Sec.  105-70.044  Right to administrative offset.

    The amount of any penalty or assessment which has become final, or 
for which a judgment has been entered under Sec.  105-70.042 or Sec.  
105-70.043, or any amount agreed upon in a compromise or settlement 
under Sec.  105-70.046, may be collected by administrative offset under 
30 U.S.C. 3716, except that an administrative offset may not be made 
under this subsection against a refund of an overpayment of Federal 
taxes, then or later owing by the United States to the defendant.



Sec.  105-70.045  Deposit in Treasury of United States.

    All amounts collected pursuant to this part shall be deposited as 
miscellaneous receipts in the Treasury of the United States, except as 
provided in 31 U.S.C. 3806(g).



Sec.  105-70.046  Compromise or settlement.

    (a) Parties may make offers of compromise or settlement at any time.
    (b) The reviewing official has the exclusive authority to compromise 
or settle a case under this part at any time after the date on which the 
reviewing official is permitted to issue a complaint and before the date 
on which the ALJ issues an initial decision.
    (c) The Authority Head has exclusive authority to compromise or 
settle a case under this part at any time after the date on which the 
ALJ issues an initial decision, except during the pendency of any review 
under Sec.  105-70.042 or during the pendency of any action to collect 
penalties and assessments under Sec.  105-70.043.
    (d) The Attorney General has exclusive authority to compromise or 
settle a case under this part during the pendency of any review under 
Sec.  105-70.042 or of any action to recover penalties and assessments 
under 31 U.S.C. 3806.
    (e) The investigating official may recommend settlement terms to the 
reviewing official, the Authority Head, or the Attorney General, as 
appropriate. The reviewing official may recommend settlement terms to 
the Authority Head, or the Attorney General, as appropriate.
    (f) Any compromise or settlement must be in writing.



Sec.  105-70.047  Limitations.

    (a) The Program Fraud Civil Remedies Act of 1986 provides that a 
hearing shall be commenced within 6 years after the date on which a 
claim or statement is made. 31 U.S.C. 3808(a). The statute also provides 
that the hearing is commenced by the mailing or delivery of the 
presiding officer's (ALJ's) notice. 31 U.S.C. 3803(d)(2)(B). 
Accordingly, the notice of hearing provided for in Sec.  105-70.012 
herein shall be served within 6 years after the date on which a claim or 
statement is made.
    (b) If the defendant fails to file a timely answer, service of a 
notice under Sec.  105-70.010(b) shall be deemed a notice of hearing for 
purposes of this section.



PART 105	71_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS WITH STATE AND LOCAL GOVERNMENTS--Table of Contents



                        Subpart 105	71.1_General

Sec.
105-71.100 Purpose and scope of this part.
105-71.101 Scope of Sec. Sec.  105-71.100 through 105-71.105.
105-71.102 Definitions.
105-71.103 Applicability.
105-71.104 Effect on other issuances.
105-71.105 Additions and exceptions.

[[Page 576]]

                Subpart 105	71.11_Pre-Award Requirements

105-71.110 Forms for applying for grants.
105-71.111 State plans.
105-71.112 Special grant or subgrant conditions for ``high-risk'' 
          grantees.

   Subpart 105	71.12_Post-Award Requirements/Financial Administration

105-71.120 Standards for financial management systems.
105-71.121 Payment.
105-71.122 Allowable costs.
105-71.123 Period of availability of funds.
105-71.124 Matching or cost sharing.
105-71.125 Program income.
105-71.126 Non-Federal audit.

    Subpart 105	71.13_Post-Award Requirements/Changes, Property, and 
                                Subawards

105-71.130 Changes.
105-71.131 Real property.
105-71.132 Equipment.
105-71.133 Supplies.
105-71.134 Copyrights.
105-71.135 Subawards to debarred and suspended parties.
105-71.136 Procurement.
105-71.137 Subgrants.

 Subpart 105	71.14_Post-Award Requirements/Reports, Records, Retention, 
                             and Enforcement

105-71.140 Monitoring and reporting program performance.
105-71.141 Financial reporting.
105-71.142 Retention and access requirements for records.
105-71.143 Enforcement.
105-71.144 Termination for convenience.

             Subpart 105	71.15_After-the-Grant Requirements

105-71.150 Closeout.
105-71.151 Later disallowances and adjustments.
105-71.152 Collection of amounts due.

Subpart 105-71.16--Entitlements [Reserved]

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

    Source: 58 FR 43270, Aug. 16, 1993, unless otherwise noted.



                        Subpart 105	71.1_General



Sec.  105-71.100  Purpose and scope of this part.

    This part establishes uniform administrative rules for Federal 
grants and cooperative agreements and subawards to State, local and 
Indian tribal governments.



Sec.  105-71.101  Scope of Sec. Sec.  105-71.100 through 105-71.105.

    This section contains general rules pertaining to this part and 
procedures for control of exceptions from this subpart.



Sec.  105-71.102  Definitions.

    As used in this part:
    Accrued expenditures mean the charges incurred by the grantee during 
a given period requiring the provision of funds for: (1) Goods and other 
tangible property received; (2) services performed by employees, 
contractors, subgrantees, subcontractors, and other payees; and (3) 
other amounts becoming owed under programs for which no current services 
or performance is required, such as annuities, insurance claims, and 
other benefit payments.
    Accrued income means the sum of: (1) Earnings during a given period 
from services performed by the grantee and goods and other tangible 
property delivered to purchasers, and (2) amounts becoming owed to the 
grantee for which no current services or performance is required by the 
grantee.
    Acquisition cost of an item of purchased equipment means the net 
invoice unit price of the property including the cost of modifications, 
attachments, accessories, or auxiliary apparatus necessary to make the 
property usable for the purpose for which it was acquired. Other charges 
such as the cost of installation, transportation, taxes, duty or 
protective in-transit insurance, shall be included or excluded from the 
unit acquisition cost in accordance with the grantee's regular 
accounting practices.
    Administrative requirements mean those matters common to grants in 
general, such as financial management,

[[Page 577]]

kinds and frequency of reports, and retention of records. These are 
distinguished from programmatic requirements, which concern matters that 
can be treated only on a program-by-program or grant-by-grant basis, 
such as kinds of activities that can be supported by grants under a 
particular program.
    Awarding agency means (1) with respect to a grant, the Federal 
agency, and (2) with respect to a subgrant, the party that awarded the 
subgrant.
    Cash contributions means the grantee's cash outlay, including the 
outlay of money contributed to the grantee or subgrantee by other public 
agencies and institutions, and private organizations and individuals. 
When authorized by Federal legislation, Federal funds received from 
other assistance agreements may be considered as grantee or subgrantee 
cash constributions.
    Contract means (except as used in the definitions for grant and 
subgrant in this section and except where qualified by Federal) a 
procurement contract under a grant or subgrant, and means a procurement 
subcontract under a contract.
    Cost sharing or matching means the value of the third party in-kind 
contributions and the portion of the costs of a federally assisted 
project or program not borne by the Federal Government.
    Cost-type contract means a contract or subcontract under a grant in 
which the contractor or subcontractor is paid on the basis of the costs 
it incurs, with or without a fee.
    Equipment means tangible, nonexpendable, personal property having a 
useful life of more than one year and an acquisition cost of $5,000 or 
more per unit. A grantee may use its own definition of equipment 
provided that such definition would at least include all equipment 
defined above.
    Expenditure report means: (1) For non-construction grants, the SF-
269 ``Financial Status Report'' (or other equivalent report); (2) for 
construction grants, the SF-271 ``Outlay Report and Request for 
Reimbursement'' (or other equivalent report).
    Federally recognized Indian tribal government means the governing 
body or a governmental agency of any Indian tribe, band, nation, or 
other organized group or community (including any Native village as 
defined in section 3 of the Alaska Native Claims Settlement Act, 85 
Stat. 688) certified by the Secretary of the Interior as eligible for 
the special programs and services provided by him through the Bureau of 
Indian Affairs.
    Government means a State or local government or a federally 
recognized Indian tribal government.
    Grant means an award of financial assistance, including cooperative 
agreements, in the form of money, or property in lieu of money, by the 
Federal Government to an eligible grantee. The term does not include 
technical assistance which provides services instead of money, or other 
assistance in the form of revenue sharing, loans, loan guarantees, 
interest subsidies, insurance, or direct appropriations. Also, the term 
does not include assistance, such as a fellowship or other lump sum 
award, which the grantee is not required to account for.
    Grantee means the government to which a grant is awarded and which 
is accountable for the use of the funds provided. The grantee is the 
entire legal entity even if only a particular component of the entity is 
designated in the grant award document.
    Local government means a county, municipality, city, town, township, 
local public authority (including any public and Indian housing agency 
under the United States Housing Act of 1937) school district, special 
district, intrastate district, council of governments (whether or not 
incorporated as a nonprofit corporation under State law), any other 
regional or interstate government entity, or any agency or 
instrumentality of a local government.
    Obligations means the amounts of orders placed, contracts and 
subgrants awarded, goods and services received, and similar transactions 
during a given period that will require payment by the grantee during 
the same or a future period.
    OMB means the United States Office of Management and Budget.
    Outlays (expenditures) mean charges made to the project or program. 
They may be reported on a cash or accrual basis. For reports prepared on 
a cash

[[Page 578]]

basis, outlays are the sum of actual cash disbursement for direct 
charges for goods and services, the amount of indirect expense incurred, 
the value of in-kind contributions applied, and the amount of cash 
advances and payments made to contractors and subgrantees. For reports 
prepared on an accrued expenditure basis, outlays are the sum of actual 
cash disbursements, the amount of indirect expense incurred, the value 
of in-kind contributions applied, and the new increase (or decrease) in 
the amounts owed by the grantee for goods and other property received, 
for services performed by employees, contractors, subgrantees, 
subcontractors, and other payees, and other amounts becoming owed under 
programs for which no current services or performance are required, such 
as annuities, insurance claims, and other benefit payments.
    Percentage of completion method refers to a system under which 
payments are made for construction work according to the percentage of 
completion of work, rather than to the grantee's cost incurred.
    Prior approval means documentation evidencing consent prior to 
incurring specific cost.
    Real property means land, including land improvements, structures 
and appurtenances thereto, excluding movable machinery and equipment.
    Share, when referring to the awarding agency's portion of real 
property, equipment or supplies, means the same percentage as the 
awarding agency's portion of the acquiring party's total costs under the 
grant to which the acquisition costs under the grant to which the 
acquisition cost of the property was charged. Only costs are to be 
counted--not the value of the third-party in-kind contributions.
    State means any of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or any agency or instrumentality of a 
State exclusive of local governments. The term does not include any 
public and Indian housing under United States Housing Act of 1937.
    Subgrant means an award of financial assistance in the form of 
money, or property in lieu of money, made under a grant by a grantee to 
an eligible subgrantee. The term includes financial assistance when 
provided by contractual legal agreement, but does not include 
procurement purchases, nor does it include any form of assistance which 
is excluded from the definition of grant in this part.
    Subgrantee means the government or other legal entity to which a 
subgrant is awarded and which is accountable to the grantee for the use 
of the funds provided.
    Supplies means all tangible personal property other than equipment 
as defined in this part.
    Suspension means depending on the context, either (1) temporary 
withdrawal of the authority to obligate grant funds pending corrective 
action by the grantee or subgrantee or a decision to terminate the 
grant, or (2) an action taken by a suspending official in accordance 
with agency regulations implementing E.O. 12549 to immediately exclude a 
person from participating in grant transactions for a period, pending 
completion of an investigation and such legal or debarment proceedings 
as may ensue.
    Termination means permanent withdrawal of the authority to obligate 
previously-awarded grant funds before that authority would otherwise 
expire. It also means the voluntary relinquishment of that authority by 
the grantee or subgrantee.
    Termination does not include: (1) Withdrawal of funds awarded on the 
basis of the grantee's underestimate of the unobligated balance in a 
prior period; (2) Withdrawal of the unobligated balance as of the 
expiration of a grant; (3) Refusal to extend a grant or award additional 
funds, to make a competing or noncompeting continuation, renewal, 
extension, or supplemental award; or (4) voiding of a grant upon 
determination that the award was obtained fraudulently, or was otherwise 
illegal or invalid from inception.
    Terms of a grant or subgrant mean all requirements of the grant or 
subgrant whether in statute, regulations, or the award document.
    Third party in-kind contributions mean property or services which 
benefit a federally assisted project or program

[[Page 579]]

and which are contributed by non-Federal third parties without charge to 
the grantee, or a cost-type contractor under the grant agreement.
    Unliquidated obligations for reports prepared on a cash basis mean 
the amount of obligations incurred by the grantee that has not been 
paid. For reports prepared on an accrued expenditure basis, they 
represent the amount of obligations incurred by the grantee for which an 
outlay has not been recorded.
    Unobligated balance means the portion of the funds authorized by the 
Federal agency that has not been obligated by the grantee and is 
determined by deducting the cumulative obligations from the cumulative 
funds authorized.



Sec.  105-71.103  Applicability.

    (a) General. Sections 105-71.100 through 105-71.152 of this subpart 
apply to all grants and subgrants to governments, except where 
inconsistent with Federal statutes or with regulations authorized in 
accordance with the exception provision of Sec.  105-71.105 or:
    (1) Grants and subgrants to State and local institutions of higher 
education or State and local hospitals.
    (2) The block grants authorized by the Omnibus Budget Reconciliation 
Act of 1981 (Community Services; Preventive Health and Health Services; 
Alcohol, Drug Abuse, and Mental Health Services; Maternal and Child 
Health Services; Social Services; Low-Income Home Energy Assistance; 
States' Program of Community Development Block Grants for Small Cities; 
and Elementary and Secondary Education other than programs administered 
by the Secretary of Education under Title V, subtitle D, chapter 2, 
section 583--the Secretary's discretionary grant program) and Titles I-
III of the Job Training Partnership Act of 1982 and under the Public 
Health Services Act (section 1921), Alcohol and Drug Abuse Treatment and 
Rehabilitation Block Grant and part C of Title V. Mental Health Service 
for the Homeless Block Grant).
    (3) Entitlement grants to carry out the following programs of the 
Social Security Act:
    (i) Aid to Needy Families with Dependent Children (Title IV-A of the 
Act, not including the Work Incentive Program (WIN) authorized by 
section 402(a)19(G); HHS grants for WIN are subject to this part);
    (ii) Child Support Enforcement and Establishment of Paternity (Title 
IV-D of the Act);
    (iii) Foster Care and Adoption Assistance (Title IV-E of the Act);
    (iv) Aid to the Aged, Blind, Disabled (Titles I, X, XIV, and XVI-
AABD of the Act); and
    (v) Medical Assistance (Medicaid) (Title XIX of the Act) not 
including the State Medical Fraud Control program authorized by section 
1903(a)(6)(B).
    (4) Entitlement grants under the following programs of The National 
School Lunch Act:
    (i) School Lunch (section 4 of the Act);
    (ii) Commodity Assistance (section 6 of the Act);
    (iii) Special Meal Assistance (section 11 of the Act);
    (iv) Summer Food Service for Children (section 13 of the Act); and
    (v) Child Care Food Program (section 17 of the Act).
    (5) Entitlement grants under the following programs of The Child 
Nutrition Act of 1966:
    (i) Special Milk (section 3 of the Act), and
    (ii) School Breakfast (section 4 of the Act).
    (6) Entitlement grants for State Administrative expenses under The 
Food Stamp Act of 1977 (section 16 of the Act).
    (7) A grant for an experimental, pilot, or demonstration project 
that is also supported by a grant listed in paragraph (a)(3) of this 
section;
    (8) Grant funds awarded under subsection 412(e) of the Immigration 
and Nationality Act (8 U.S.C. 1522(e)) and subsection 501(a) of the 
Refugee Education Assistance Act of 1980 (Pub. L. 96-422, 94 Stat. 
1809), for cash assistance, medical assistance, and supplemental 
security income benefits to refugees and entrants and the administrative 
costs of providing the assistance and benefits;
    (9) Grants to local education agencies under 20 U.S.C. 236 through 
241-1(a),

[[Page 580]]

and 242 through 244 (portions of the Impact Aid program), except for 20 
U.S.C. 238(d)(2)(c) and 240(f) (Entitlement Increase for Handicapped 
Children); and
    (10) Payments under the Veterans Administration's State Home Per 
Diem Program (38 U.S.C. 641(a)).
    (b) Entitlement programs. Entitlement programs enumerated above in 
Sec.  105-71.103(a)(3) through (8) are subject to Subpart--Entitlement.



Sec.  105-71.104  Effect on other issuances.

    All other grants administration provisions of codified program 
regulations, program manuals, handbooks and other nonregulatory 
materials which are inconsistent with this part are superseded, except 
to the extent they are required by statute, or authorized in accordance 
with the exception provision in Sec.  105-71.105.



Sec.  105-71.105  Additions and exceptions.

    (a) For classes of grants and grantees subject to this part, Federal 
agencies may not impose additional administrative requirements except in 
codified regulations published in the Federal Register.
    (b) Exceptions for classes of grants or grantees may be authorized 
only by OMB.
    (c) Exceptions on a case-by-case basis and for subgrantees may be 
authorized by the affected Federal agencies.



                Subpart 105	71.11_Pre-Award Requirements



Sec.  105-71.110  Forms for applying for grants.

    (a) Scope. (1) This section prescribes forms and instructions to be 
used by governmental organizations (except hospitals and institutions of 
higher education operated by a government) in applying for grants. This 
section is not applicable, however, to formula grant programs which do 
not require applicants to apply for funds on a project basis.
    (2) This section applies only to applications to Federal agencies 
for grants, and is not required to be applied by grantees in dealing 
with applicants for subgrants. However, grantees are encouraged to avoid 
more detailed or burdensome application requirements for subgrants.
    (b) Authorized forms and instructions for governmental 
organizations. (1) In applying for grants, applicants shall only use 
standard application forms or those prescribed by the granting agency 
with the approval of OMB under the Paperwork Reduction Act of 1980.
    (2) Applicants are not required to submit more than the original and 
two copies of preapplications or applications.
    (3) Applicants must follow all applicable instructions that bear OMB 
clearance numbers. Federal agencies may specify and describe the 
programs, functions, or activities that will be used to plan, budget, 
and evaluate the work under a grant. Other supplementary instructions 
may be issued only with the approval of OMB to the extent required under 
the Paperwork Reduction Act of 1980. For any standard form, except the 
SF-424 facesheet, Federal agencies may shade out or instruct the 
applicant to disregard any line item that is not needed.
    (4) When a grantee applies for additional funding (such as a 
continuation or supplemental award) or amends a previously submitted 
application, only the affected pages need be submitted. Previously 
submitted pages with information that is still current need not be 
resubmitted.



Sec.  105-71.111  State plans.

    (a) Scope. The statutes for some programs require States to submit 
plans before receiving grants. Under regulations implementing Executive 
Order 12372, ``Intergovernmental Review of Federal Programs,'' States 
are allowed to simplify, consolidate and substitute plans. This section 
contains additional provisions for plans that are subject to regulations 
implementing the Executive order.
    (b) Requirements. A State need meet only Federal administrative or 
programmatic requirements for a plan that are in statutes or codified 
regulations.
    (c) Assurances. In each plan the State will include an assurance 
that the State shall comply with all applicable Federal statutes and 
regulations in effect with respect to the periods for

[[Page 581]]

which it receives grant funding. For this assurance and other assurances 
required in the plan, the State may:
    (1) Cite by number the statutory or regulatory provisions requiring 
the assurances and affirm that it gives the assurances required by those 
provisions,
    (2) Repeat the assurance language in the statutes or regulations, or
    (3) Develop its own language to the extent permitted by law.
    (d) Amendments. A State will amend a plan whenever necessary to 
reflect:
    (1) New or revised Federal statutes or regulations or
    (2) A material change in any State law, organization, policy, or 
State agency operation.

The State will obtain approval for the amendment and its effective date 
but need submit for approval only the amended portions of the plan.



Sec.  105-71.112  Special grant or subgrant conditions for ``high-risk'' grantees.

    (a) A grantee or subgrantee may be considered ``high risk'' if an 
awarding agency determines that a grantee or subgrantee:
    (1) Has a history of unsatisfactory performance, or
    (2) Is not financially stable, or
    (3) Has a management system which does not meet the management 
standards set forth in this part, or
    (4) Has not conformed to terms and conditions of previous awards, or
    (5) Is otherwise not responsible, and if the awarding agency 
determines that an award will be made, special conditions and/or 
restrictions shall correspond to the high risk condition and shall be 
included in the award.
    (b) Special conditions or restrictions may include:
    (1) Payment on a reimbursement basis;
    (2) Withholding authority to proceed to the next phase until receipt 
of evidence of acceptable performance within a given funding period;
    (3) Requiring additional, more detailed financial reports;
    (4) Additional project monitoring;
    (5) Requiring the grantee or subgrantee to obtain technical or 
management assistance; or
    (6) Establishing additional prior approvals.
    (c) If an awarding agency decides to impose such conditions, the 
awarding official will notify the grantee or subgrantee as early as 
possible, in writing, of:
    (1) The nature of the special conditions/restrictions;
    (2) The reason(s) for imposing them;
    (3) The corrective actions which must be taken before they will be 
removed and the time allowed for completing the corrective actions and
    (4) The method of requesting reconsideration of the conditions/
restrictions imposed.



   Subpart 105	71.12_Post-Award Requirements/Financial Administration



Sec.  105-71.120  Standards for financial management systems.

    (a) A State must expand and account for grant funds in accordance 
with State laws and procedures for expending and accounting for its own 
funds. Fiscal control and accounting procedures of the State, as well as 
its subgrantees and cost-type contractors, must be sufficient to--
    (1) Permit preparation of reports required by this part and the 
statutes authorizing the grant, and
    (2) Permit the tracing of funds to a level of expenditures adequate 
to establish that such funds have not been used in violation of the 
restrictions and prohibitions of applicable statutes.
    (b) The financial management systems of other grantees and 
subgrantees must meet the following standards:
    (1) Financial reporting. Accurate, current, and complete disclosure 
of the financial result of financially assisted activities must be made 
in accordance with the financial reporting requirements of the grant or 
subgrant.
    (2) Accounting records. Grantees and subgrantees must maintain 
records which adequately identify the source and application of funds 
provided for financially-assisted activities. These records must contain 
information pertaining to grant or subgrant awards and authorizations, 
obligations, unobligated balances, assets, liabilities, outlays or 
expenditures, and income.

[[Page 582]]

    (3) Internal control. Effective control and accountability must be 
maintained for all grant and subgrant cash, real and personal property, 
and other assets. Grantees and subgrantees must adequately safeguard all 
such property and must assure that it is used solely for authorized 
purposes.
    (4) Budget control. Actual expenditures or outlays must be compared 
with budgeted amounts for each grant or subgrant. Financial information 
must be related to performance or productivity data, including the 
development of unit cost information whenever appropriate or 
specifically required in the grant or subgrant agreement. If unit cost 
data are required, estimates based on available documentation will be 
accepted whenever possible.
    (5) Allowable cost. Applicable OMB cost principles, agency program 
regulations, and the terms of grant and subgrant agreements will be 
followed in determining the reasonableness, allowability and 
allocability of costs.
    (6) Source documentation. Accounting records must be supported by 
such source documentation as cancelled checks, paid bills, payrolls, 
time and attendance records, contract and subgrant award documents, etc.
    (7) Cash management. Procedures for minimizing the time elapsing 
between the transfer of funds from the U.S. Treasury and disbursement by 
grantees and subgrantees must be followed whenever advance payment 
procedures are used. Grantees must establish reasonable procedures to 
ensure the receipt of reports on subgrantees' cash balances and cash 
disbursements in sufficient time to enable them to prepare complete and 
accurate cash transactions reports to the awarding agency. When advances 
are made by letter-of-credit or electronic transfer of funds methods, 
the grantee must make drawdowns as close as possible to the time of 
making disbursements. Grantees must monitor cash drawdowns by their 
subgrantees to assure that they conform substantially to the same 
standards of timing and amount as apply to advances to the grantees.
    (c) An awarding agency may review the adequacy of the financial 
management system of any applicant for financial assistance as part of a 
preaward review or at any time subsequent to award.



Sec.  105-71.121  Payment.

    (a) Scope. This section prescribes the basic standard and the 
methods under which a Federal agency will make payments to grantees, and 
grantees will make payments to subgrantees and contractors.
    (b) Basic standard. Methods and procedures for payment shall 
minimize the time elapsing between the transfer of funds and 
disbursement by the grantee or subgrantee, in accordance with Treasury 
regulations at 31 CFR part 205.
    (c) Advances. Grantees and subgrantees shall be paid in advance, 
provided they maintain or demonstrate the willingness and ability to 
maintain procedures to minimize the time elapsing between the transfer 
of the funds and their disbursement by the grantee or subgrantee.
    (d) Reimbursement. Reimbursement shall be the preferred method when 
the requirements in paragraph (c) of this section are not met. Grantees 
and subgrantees may also be paid by reimbursement for any construction 
grant. Except as otherwise specified in regulation, Federal agencies 
shall not use the percentage of completion method to pay construction 
grants. The grantee or subgrantee may use that method to pay its 
construction contractor, and if it does, awarding agency's payments to 
the grantee or subgrantee will be based on the grantee's or subgrantee's 
actual rate of disbursement.
    (e) Working capital advances. If a grantee cannot meet the criteria 
for advance payments described in paragraph (c) of this section, and the 
Federal agency has determined that reimbursement is not feasible because 
the grantee lacks sufficient working capital the awarding agency may 
provide cash or a working capital, advance basis. Under this procedure 
the awarding agency shall advance cash to the grantee to cover its 
estimated disbursement needs for an initial period generally geared to 
the grantee's disbursing cycle. Thereafter, the awarding agency shall 
reimburse the grantee for its actual cash disbursements. The

[[Page 583]]

working capital advance method of payment shall not be used by grantees 
or subgrantees if the reason for using such method is the unwillingness 
or inability of the grantee to provide timely advances to the subgrantee 
to meet the subgrantee's actual cash disbursements.
    (f) Effect of program income, refunds and audit recoveries on 
payment. (1) Grantees and subgrantees shall disburse repayments to and 
interest earned on a revolving fund before requesting additional cash 
payments for the same activity.
    (2) Except as provided in paragraph (f)(1) of this section, grantees 
and subgrantees shall disburse program income, rebates, refunds, 
contract settlements, audit recoveries and interest earned on such funds 
before requesting additional cash payments.
    (g) Withholding payments. (1) Unless otherwise required by Federal 
statute, awarding agencies shall not withhold payments for proper 
charges incurred by grantees or subgrantees unless--
    (i) The grantee or subgrantee has failed to comply with grant award 
conditions or
    (ii) The grantee or subgrantee is indebted to the United States.
    (2) Cash withheld for failure to comply with grant award conditions, 
but without suspension of the grant, shall be released to the grantee 
upon subsequent compliance. When a grant is suspended, payment 
adjustments will be made in accordance with Sec.  105-71.143(c).
    (3) A Federal agency shall not make payment to grantees for amounts 
that are withheld by grantees or subgrantees from payment to contractors 
to assure satisfactory completion of work. Payments shall be made by the 
Federal agency when the grantees or subgrantees actually disburse the 
withheld funds to the contractors or to escrow accounts established to 
assure satisfactory completion of work.
    (h) Cash depositories. (1) Consistent with the national goal of 
expanding the opportunities for minority business enterprises, grantees 
and subgrantees are encouraged to use minority banks (a bank which is 
owned at least 50 percent by minority group members). A list of minority 
owned banks can be obtained from the Minority Business Development 
Agency, Department of Commerce, Washington, DC 20230.
    (2) A grantee or subgrantee shall maintain a separate bank account 
only when required by Federal-State agreement.
    (i) Interest earned on advances. Except for interest earned on 
advances of funds exempt under the Intergovernmental Cooperation Act (31 
U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C. 
450), grantees and subgrantees shall promptly, but at least quarterly, 
remit interest earned on advances to the Federal agency. The grantee or 
subgrantee may keep interest amounts up to $100 per year for 
administrative expenses.



Sec.  105-71.122  Allowable costs.

    (a) Limitation on use of funds. Grant funds may be used only for:
    (1) The allowable costs of the grantees, subgrantees and cost-type 
contractors, including allowable costs in the form of payments to fixed-
price contractors; and
    (2) Reasonable fees or profit to cost-type contractors but not any 
fee or profit (or other increment above allowable costs) to the grantee 
or subgrantee.
    (b) Applicable cost principles. For each kind of organization, there 
is a set of Federal principles for determining allowable costs. 
Allowable costs will be determined in accordance with the cost 
principles applicable to the organization incurring the costs. The 
following chart lists the kinds of organizations and the applicable cost 
principles:

------------------------------------------------------------------------
           For the costs of a--                Use the principles in--
------------------------------------------------------------------------
State, local or Indian tribal government..  OMB Circular A-87.
Private nonprofit organization other than   OMB Circular A-122.
 an (1) institution of higher education,
 (2) hospital, or (3) organization named
 in OMB Circular A-122 as not subject to
 that circular.
Educational institutions..................  OMB Circular A-21
For-profit organization other than a        48 CFR part 31, Contract
 hospital and an organization named in OMB   Cost Principles and
 Circular A-122 as not subject to that       Procedures, or uniform cost
 circular.                                   accounting standards that
                                             comply with cost principles
                                             acceptable to the Federal
                                             agency.
------------------------------------------------------------------------


[[Page 584]]



Sec.  105-71.123  Period of availability of funds.

    (a) General. Where a funding period is specified, a grantee may 
charge to the award only costs resulting from obligations of the funding 
period unless carryover or unobligated balances are permitted, in which 
case the carryover balances may be charged for costs resulting from 
obligations of the subsequent funding period.
    (b) Liquidation of obligations. A grantee must liquidate all 
obligations incurred under the award not later than 90 days after the 
end of the funding period (or as specified in a program regulation) to 
coincide with the submission of the annual Financial Status Report (SF-
269). The Federal agency may extend this deadline at the request of the 
grantee.



Sec.  105-71.124  Matching or cost sharing.

    (a) Basic rule: Costs and contributions acceptable. With the 
qualifications and exceptions listed in paragraph (b) of this section, a 
matching or cost sharing requirement may be satisfied by either or both 
of the following:
    (1) Allowable costs incurred by the grantee, subgrantee or cost-type 
contractor under the assistance agreement. This includes allowable costs 
borne by non-Federal grants or by other cash donations from non-Federal 
third parties.
    (2) The value of third party in-kind contributions applicable to the 
period to which the cost sharing or matching requirements apply.
    (b) Qualifications and exceptions--(1) Costs borne by other Federal 
grant agreements. Except as provided by Federal statute, a cost sharing 
or matching requirement may not be met by costs borne by another Federal 
grant. This prohibition does not apply to income earned by a grantee or 
subgrantee from a contract awarded under another Federal grant.
    (2) General revenue sharing. For the purpose of this section, 
general revenue sharing funds distributed under 31 U.S.C. 6702 are not 
considered Federal grant funds.
    (3) Cost or contributions counted towards other Federal costs-
sharing requirements. Neither costs nor the values of third party in-
kind contributions may count towards satisfying a cost sharing or 
matching requirement of a grant agreement if they have been or will be 
counted towards satisfying a cost sharing or matching requirement of 
another Federal grant agreement, a Federal procurement contract or any 
other award of Federal funds.
    (4) Costs financed by program income. Costs financed by program 
income, as defined in Sec.  105-71.125, shall not count towards 
satisfying a cost sharing or matching requirement unless they are 
expressly permitted in the terms of the assistance agreement. (This use 
of general program income is described in Sec.  105-71.125(g).)
    (5) Services or property financed by income earned by contractors. 
Contractors under a grant may earn income from the activities carried 
out under the contract in addition to the amounts earned from the party 
awarding the contract. No costs of services or property supported by 
this income may count toward satisfying a cost sharing or matching 
requirement unless other provisions of the grant agreement expressly 
permit this kind of income to be used to meet the requirement.
    (6) Records. Costs and third party in-kind contributions counting 
towards satisfying a cost sharing or matching requirement must be 
verifiable from the records of grantees and subgrantee or cost-type 
contractors. These records must show how the value placed on third party 
in-kind contributions was derived. To the extent feasible, volunteer 
services will be supported by the same methods that the organization 
uses to support the allocability of regular personnel costs.
    (7) Special standards for third party in-kind contributions. (i) 
Third party in-kind contributions count towards satisfying a cost 
sharing or matching requirement only where, if the party receiving the 
contributions were to pay for them, the payments would be allowable 
costs.
    (ii) Some third party in-kind contributions are goods and services 
that, if the grantee, subgrantee, or contractor receiving the 
contribution had to pay for them, the payments would have been an 
indirect cost. Costs sharing or matching credit for such contributions 
shall be given only if the

[[Page 585]]

grantee, subgrantee, or contractor has established, along with its 
regular indirect cost rate, a special rate for allocating to individual 
projects or programs the value of contributions.
    (iii) A third party in-kind contribution to a fixed price contract 
may count towards satisfying a cost sharing or matching requirement only 
if it results in:
    (A) An increase in the services or property provided under the 
contract (without additional cost to the grantee or subgrantee) or
    (B) A cost savings to the grantee or subgrantee.
    (iv) The values placed on third party in-kind contributions for cost 
sharing or matching purposes will conform to the rules in the succeeding 
sections of this part. If a third party in-kind contribution is a type 
not treated in those sections, the value placed upon it shall be fair 
and reasonable.
    (c) Valuation of donated services--(1) Volunteer services. Unpaid 
services provided to a grantee or subgrantee by individuals will be 
valued at rates consistent with those ordinarily paid for similar work 
in the grantee's or subgrantee's organization. If the grantee or 
subgrantee does not have employees performing similar work, the rates 
will be consistent with those ordinarily paid by other employers for 
similar work in the same labor market. In either case, a reasonable 
amount for fringe benefits may be included in the valuation.
    (2) Employees of other organizations. When an employer other than a 
grantee, subgrantee, or cost-type contractor furnishes free of charge 
the services of an employee in the employee's normal line of work, the 
services will be valued at the employee's regular rate of pay exclusive 
of the employee's fringe benefits and overhead costs. If the services 
are in a different line of work, paragraph (c)(1) of this section 
applies.
    (d) Valuation of third party donated supplies and loaned equipment 
or space. (1) If a third party donates supplies, the contribution will 
be valued at the market value of the supplies at the time of donation.
    (2) If a third party donates the use of equipment or space in a 
building but retains title, the contribution will be valued at the fair 
rental rate of the equipment or space.
    (e) Valuation of third party donated equipment, buildings, and land. 
If a third party donates equipment, buildings, or land, and the title 
passes to a grantee or subgrantee, the treatment of the donated property 
will depend upon the purpose of the grant or subgrant as follows:
    (1) Awards for capital expenditures. If the purpose of the grant or 
subgrant is to assist the grantee or subgrantee in the acquisition of 
property, the market value of that property at the time of donation may 
be counted as cost sharing or matching.
    (2) Other awards. If assisting in the acquisition of property is not 
the purpose of the grant or subgrant, paragraphs (e)(2)(i) and (ii) of 
this section apply.
    (i) If approval is obtained from the awarding agency, the market 
value at the time of donation of the donated equipment or buildings and 
the fair rental rate of the donated land may be counted as cost sharing 
or matching. In the case of a subgrant, the terms of the grant agreement 
may require that the approval be obtained from the Federal agency as 
well as the grantee. In all cases, the approval may be given only if a 
purchase of the equipment or rental of the land would be approved as an 
allowable direct cost. If any part of the donated property was acquired 
with Federal funds, only the non-Federal share of the property may be 
counted as cost sharing or matching.
    (ii) If approval is not obtained under paragraph (e)(2)(i) of this 
section, no amount may be counted for donated land, and only 
depreciation or use allowances may be counted for donated equipment and 
buildings. The depreciation or use allowances for this property are not 
treated as third party in-kind contributions. Instead, they are treated 
as costs incurred by the grantee or subgrantee. They are computed and 
allocated (usually as indirect costs) in accordance with the cost 
principles specified in Sec.  105-71.122, in the same way as 
depreciation or use allowances for purchased equipment and buildings. 
The amount of depreciation or use allowances for donated equipment and 
buildings is based on the property's

[[Page 586]]

market value at the time it was donated.
    (f) Valuation of grantee or subgrantee donated real property for 
construction/acquisition. If a grantee or subgrantee donates real 
property for a construction or facilities acquisition project, the 
current market value of that property may be counted as cost sharing or 
matching. If any part of the donated property was acquired with Federal 
funds, only the non-Federal share of the property may be counted as cost 
sharing or matching.
    (g) Appraisal of real property. In some cases under paragraphs (d), 
(e) and (f) of this section, it will be necessary to establish the 
market value of land or a building or the fair rental rate of land or of 
space in the building. In these cases, the Federal agency may require 
the market value or fair rental value be set by an independent 
appraiser, and that the value or rate be certified by the grantee. This 
requirement will also be imposed by the grantee on subgrantees.



Sec.  105-71.125  Program income.

    (a) General. Grantees are encouraged to earn income to defray 
program costs. Program income includes income from fees for services 
performed, from the use or rental of real or personal property acquired 
with grant funds, from the sale of commodities or items fabricated under 
a grant agreement, and from payments of principal and interest on loans 
made with grant funds. Except as otherwise provided in regulations of 
the Federal agency, program income does not include interest on grant 
funds, rebates, credits, discounts, refunds, etc. and interest earned on 
any of them.
    (b) Definition of program income. Program income means gross income 
received by the grantee or subgrantee directly generated by a grant 
supported activity, or earned only as a result of the grant agreement 
during the grant period. ``During the grant period'' is the time between 
the effective date of the award and the ending date of the award 
reflected in the final financial report.
    (c) Cost of generating program income. If authorized by Federal 
regulations or the grant agreement, costs incident to the generation of 
program income may be deducted from gross income to determine program 
income.
    (d) Government revenues. Taxes, special assessments, levies, fines, 
and other such revenues raised by a grantee or subgrantee are not 
program income unless the revenues are specifically identified in the 
grant agreement or Federal agency regulations as program income.
    (e) Royalties. Income from royalties and license fees for 
copyrighted material, patents, and inventions developed by a grantee or 
subgrantee is program income only if the revenues are specifically 
identified in the grant agreement or Federal agency regulations as 
program income. (See Sec.  105-71.134.)
    (f) Property. Proceeds from the sale of real property or equipment 
will be handled in accordance with the requirements of Sec. Sec.  105-
71.131 and 105-71.132.
    (g) Use of program income. Program income shall be deducted from 
outlays which may be both Federal and non-Federal as described below, 
unless the Federal agency regulations or the grant agreement specify 
another alternative (or a combination of the alternatives). In 
specifying alternatives, the Federal agency may distinguish between 
income earned by the grantee and income earned by subgrantees and 
between the sources, kinds, or amounts of income. When Federal agencies 
authorize the alternatives in paragraphs (g) (2) and (3) of this 
section, program income in excess of any limits stipulated shall also be 
deducted from outlays.
    (1) Deduction. Ordinarily program income shall be deducted from 
total allowable costs to determine the net allowable costs. Program 
income shall be used for current costs unless the Federal agency 
authorizes otherwise. Program income which the grantee did not 
anticipate at the time of the award shall be used to reduce the Federal 
agency and grantee contributions rather than to increase the funds 
committed to the project.
    (2) Addition. When authorized, program income may be added to the 
funds committed to the grant agreement by the Federal agency and the 
grantee. The program income shall be

[[Page 587]]

used for the purposes and under the conditions of the grant agreement.
    (3) Cost sharing or matching. When authorized, program income may be 
used to meet the cost sharing or matching requirement of the grant 
agreement. The amount of the Federal grant award remains the same.
    (h) Income after the award period. There are no Federal requirements 
governing the disposition of program income earned after the end of the 
award period (i.e., until the ending date of the final financial report, 
see paragraph (a) of this section), unless the terms of the agreement or 
the Federal agency regulations provide otherwise.



Sec.  105-71.126  Non-Federal audit.

    (a) Basic rule. Grantees and subgrantees are responsible for 
obtaining audits in accordance with the Single Audit Act Amendments of 
1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, ``Audits of 
States, Local Governments, and Non-Profit Organizations.'' The audits 
shall be made by an independent auditor in accordance with generally 
accepted government auditing standards covering financial audits.
    (b) Subgrantees. State or local governments, as those terms are 
defined for purposes of the Single Audit Act Amendments of 1996, that 
provide Federal awards to a subgrantee, which expends $300,000 or more 
(or other amount as specified by OMB) in Federal awards in a fiscal 
year, shall:
    (1) Determine whether State or local subgrantees have met the audit 
requirements of the Act and whether subgrantees covered by OMB Circular 
A-110, ``Uniform Administrative Requirements for Grants and Agreements 
with Institutions of Higher Education, Hospitals, and Other Non-Profit 
Organizations,'' have met the audit requirements of the Act. Commercial 
contractors (private for-profit and private and governmental 
organizations) providing goods and services to State and local 
governments are not required to have a single audit performed. State and 
local governments should use their own procedures to ensure that the 
contractor has complied with laws and regulations affecting the 
expenditure of Federal funds;
    (2) Determine whether the subgrantee spent Federal assistance funds 
provided in accordance with applicable laws and regulations. This may be 
accomplished by reviewing an audit of the subgrantee made in accordance 
with the Act, Circular A-110, or through other means (e.g., program 
reviews) if the subgrantee has not had such an audit;
    (3) Ensure the appropriate corrective action is taken within six 
months after receipt of the audit report in instance of noncompliance 
with Federal laws and regulations;
    (4) Consider whether subgrantee audits necessitate adjustment of the 
grantee's own records; and
    (5) Require each subgrantee to permit independent auditors to have 
access to the records and financial statements.
    (c) Auditor selection. In arranging for audit services, Sec.  105-
71.136 shall be followed.

[58 FR 43270, Aug. 16, 1993, as amended at 62 FR 45939, 45944, Aug. 29, 
1997]



    Subpart 105	71.13_Post-Award Requirements/Changes, Property, and 
                                Subawards



Sec.  105-71.130  Changes.

    (a) General. Grantees and subgrantees are permitted to rebudget 
within the approved direct cost budget to meet unanticipated 
requirements and may make limited program changes to the approved 
project. However, unless waived by the awarding agency, certain types of 
post-award changes in budgets and projects shall require the prior 
written approval of the awarding agency.
    (b) Relation to cost principles. The applicable cost principles (see 
Sec.  105-71.122) contain requirements for prior approval of certain 
types of costs. Except where waived, those requirements apply to all 
grants and subgrants even if paragraphs (c) through (f) of this section 
do not.
    (c) Budget changes--(1) Non-construction projects. Except as stated 
in other regulations or an award document, grantees or subgrantees shall 
obtain the prior approval of the awarding agency whenever any of the 
following

[[Page 588]]

changes is anticipated under a non-construction award:
    (i) Any revision which would result in the need for additional 
funding.
    (ii) Unless waived by the awarding agency, cumulative transfers 
among direct cost categories, or, if applicable, among separately 
budgeted programs, projects, functions, or activities which exceed or 
are expected to exceed ten percent of the current total approved budget, 
whenever the awarding agency's share exceeds $100,000.
    (iii) Transfer of funds allotted for training allowances (i.e., from 
direct payments to trainees to other expense categories).
    (2) Construction projects. Grantees and subgrantees shall obtain 
prior written approval for any budget revision which would result in the 
need for additional funds.
    (3) Combined construction and non-construction projects. When a 
grant or subgrant provides funding for both construction and non-
construction activities, the grantee or subgrantee must obtain prior 
written approval from the awarding agency before making any fund or 
budget transfer from non-construction to construction or vice versa.
    (d) Programmatic changes. Grantees or subgrantees must obtain the 
prior approval of the awarding agency whenever any of the following 
actions is anticipated:
    (1) Any revision of the scope or objectives of the project 
(regardless of whether there is an associated budget revision requiring 
prior approval).
    (2) Need to extend the period of availability of funds.
    (3) Changes in key persons in cases where specified in an 
application or a grant award. In research projects, a change in the 
project director or principal investigator shall always require approval 
unless waived by the awarding agency.
    (4) Under non-construction projects, contracting out, subgranting 
(if authorized by law) or otherwise obtaining the services of a third 
party to perform activities which are central to the purposes of the 
award. This approval requirement is in addition to the approval 
requirements of Sec.  105-71.136 but does not apply to the procurement 
of equipment, supplies, and general support services.
    (e) Additional prior approval requirements. The awarding agency may 
not require prior approval for any budget revision which is not 
described in paragraph (c) of this section.
    (f) Requesting prior approval. (1) A request for prior approval of 
any budget revision will be in the same budget format the grantee used 
in its application and shall be accomplished by a narrative 
justification for the proposed revision.
    (2) A request for a prior approval under the applicable Federal cost 
principles (see Sec.  105-71.122) may be made by letter.
    (3) A request by a subgrantee for prior approval will be addressed 
in writing to the grantee. The grantee will promptly review such request 
and shall approve or disapprove the request in writing. A grantee will 
not approve any budget or project revision which is inconsistent with 
the purpose or terms and conditions of the Federal grant to the grantee. 
If the revision, requested by the subgrantee would result in a change to 
the grantee's approved project which requires Federal prior approval, 
the grantee will obtain the Federal agency's approval before approving 
the subgrantee's request.



Sec.  105-71.131  Real property.

    (a) Title. Subject to the obligations and conditions set forth in 
this section, title to real property acquired under a grant or subgrant 
will vest upon acquisition in the grantee or subgrantee respectively.
    (b) Use. Except as otherwise provided by Federal statutes, real 
property will be used for the originally authorized purposes as long as 
needed for that purpose, and the grantee or subgrantee shall not dispose 
of or encumber its title or other interests.
    (c) Disposition. When real property is no longer needed for the 
originally authorized purpose, the grantee or subgrantee will request 
disposition instructions from the awarding agency. The instructions will 
provide for one of the following alternatives.
    (1) Retention of title. Retain title after compensating the awarding 
agency.

[[Page 589]]

The amount paid to the awarding agency will be computed by applying the 
awarding agency's percentage of participation in the cost of the 
original purchase to the fair market value of the property. However, in 
those situations where a grantee or subgrantee is disposing of real 
property acquired with grant funds and acquiring replacement real 
property under the same program, the net proceeds from the disposition 
may be used as an offset to the cost of the replacement property.
    (2) Sale of property. Sell the property and compensate the awarding 
agency. The amount due to the awarding agency will be calculated by 
applying the awarding agency's percentage of participation in the cost 
of the original purchase to the proceeds of the sale after deduction of 
any actual and reasonable selling and fixing-up expenses. If the grant 
is still active, the net proceeds from the sale may be offset against 
the original cost of the property. When a grantee or subgrantee is 
directed to sell property, sales procedures shall be followed that 
provide for competition to the extent practicable and result in the 
highest possible return.
    (3) Transfer of title. Transfer title to the awarding agency or to a 
third-party designated/approved by the awarding agency. The grantee or 
subgrantee shall be paid an amount calculated by applying the grantee or 
subgrantee's percentage of participation in the purchase of the real 
property to the current fair market value of the property.



Sec.  105-71.132  Equipment.

    (a) Title. Subject to the obligations and conditions set forth in 
this section, title to equipment acquired under a grant or subgrant will 
vest upon acquisition in the grantee or subgrantee respectively.
    (b) States. A State will use, manage, and dispose of equipment 
acquired under a grant by the State in accordance with State laws and 
procedures. Other grantees and subgrantees will follow paragraphs (c) 
through (e) of this section.
    (c) Use. (1) Equipment shall be used by the grantee or subgrantee in 
the program or project for which it was acquired as long as needed, 
whether or not the project or program continues to be supported by 
Federal funds. When no longer needed for the original program or 
project, the equipment may be used in other activities currently or 
previously supported by a Federal agency.
    (2) The grantee or subgrantee shall also make equipment available 
for use on other projects or programs currently or previously supported 
by the Federal Government, providing such use will not interfere with 
the work on the projects or program for which it was originally 
acquired. First preference for other use shall be given to other 
programs or projects supported by the awarding agency. User fees should 
be considered if appropriate.
    (3) Notwithstanding the encouragement in Sec.  105-71.125(a) to earn 
program income, the grantee or subgrantee must not use equipment 
acquired with grant funds to provide services for a fee to compete 
unfairly with private companies that provide equivalent services, unless 
specifically permitted or contemplated by Federal statute.
    (4) When acquiring replacement equipment, the grantee or subgrantee 
may use the equipment to be replaced as a trade-in or sell the property 
and use the proceeds to offset the cost of the replacement property, 
subject to the approval of the awarding agency.
    (d) Management requirements. Procedures for managing equipment 
(including replacement equipment), whether acquired in whole or in part 
with grant funds, until disposition takes place will, as a minimum, meet 
the following requirements:
    (1) Property records must be maintained that include a description 
of the property, a serial number or other identification number, the 
source of property, who holds the title, the acquisition date, and cost 
of the property, percentage of Federal participation in the cost of the 
property, the location, use and condition of the property, and any 
ultimate disposition data including the data of disposal and sale price 
of the property.
    (2) A physical inventory of the property must be taken and the 
results reconciled with the property records at least once every two 
years.

[[Page 590]]

    (3) A control system must be developed to ensure adequate safeguards 
to prevent loss, damage or theft of the property. Any loss, damage or 
theft shall be investigated.
    (4) Adequate maintenance procedures must be developed to keep the 
property in good condition.
    (5) If the grantee or subgrantee is authorized or required to sell 
the property, proper sales procedures must be established to ensure the 
highest possible return.
    (e) Disposition. When original or replacement equipment acquired 
under a grant or subgrant is no longer needed for the original project 
or program or for other activities currently or previously supported by 
a Federal agency, disposition of the equipment will be made as follows:
    (1) Items of equipment with a current per-unit fair market value of 
less than $5,000 may be retained, sold or otherwise disposed of with no 
further obligation to the awarding agency.
    (2) Items of equipment with a current per unit fair market value in 
excess of $5,000 may be retained or sold and the awarding agency shall 
have a right to an amount calculated by multiplying the current market 
value or proceeds from sale by the awarding agency's share of the 
equipment.
    (3) In cases where a grantee or subgrantee fails to take appropriate 
disposition actions, the awarding agency may direct the grantee or 
subgrantee to take excess and disposition actions.
    (f) Federal equipment. In the event grantee or subgrantee is 
provided federally-owned equipment:
    (1) Title will remain vested in the Federal Government.
    (2) Grantees or subgrantees will manage the equipment in accordance 
with Federal agency rules and procedures, and submit an annual inventory 
listing.
    (3) When the equipment is no longer needed, the grantee or 
subgrantee will request disposition instructions from the Federal 
agency.
    (g) Right to transfer title. The Federal awarding agency may reserve 
the right to transfer title to the Federal Government or a third party 
named by the awarding agency when such a third party is otherwise 
eligible under existing statutes. Such transfers shall be subject to the 
following standards:
    (1) The property shall be identified in the grant or otherwise made 
known to the grantee in writing.
    (2) The Federal awarding agency shall issue disposition instruction 
within 120 calendar days after the end of the Federal support of the 
project for which it was acquired. If the Federal awarding agency fails 
to issue disposition instructions within the 120 calendar-day period the 
grantee shall follow Sec.  105-71.132(e).
    (3) When title to equipment is transferred, the grantee shall be 
paid an amount calculated by applying the percentage of participation in 
the purchase to the current fair market value of the property.



Sec.  105-71.133  Supplies.

    (a) Title. Title to supplies acquired under a grant or subgrant will 
vest, upon acquisition, in the grantee or subgrantee respectively.
    (b) Disposition. If there is a residual inventory of unused supplies 
exceeding $5,000 in total aggregate fair market value upon termination 
or completion of the award, and if the supplies are not needed for any 
other federally sponsored programs or projects, the grantee or 
subgrantee shall compensate the awarding agency for its share.



Sec.  105-71.134  Copyrights.

    The Federal awarding agency reserves a royalty-free, nonexclusive, 
and irrevocable license to reproduce, publish or otherwise use, and to 
authorize others to use, for Federal Government purposes:
    (a) The copyright in any work developed under a grant, subgrant, or 
contract under a grant or subgrant; and
    (b) Any rights of copyright to which a grantee, subgrantee or a 
contractor purchases ownership with grant support.



Sec.  105-71.135  Subawards to debarred and suspended parties.

    Grantees and subgrantees must not make any award or permit any award 
(subgrant or contract) at any tier to any party which is debarred or 
suspended or is otherwise excluded from or

[[Page 591]]

ineligible for participation in Federal assistance programs under 
Executive Order 12549, ``Debarment and Suspension''.



Sec.  105-71.136  Procurement.

    (a) States. When procuring property and services under a grant, a 
State will allow the same policies and procedures it uses for 
procurements from its non-Federal funds. The State will ensure that 
every purchase order or other contract includes any clauses required by 
Federal statutes and executive orders and their implementing 
regulations. Other grantees and subgrantees will follow paragraphs (b) 
through (i) in this section.
    (b) Procurement standards. (1) Grantees and subgrantees will use 
their own procurement procedures which reflect applicable State and 
local laws and regulations, provided that the procurements conform to 
applicable Federal law and the standards identified in this section.
    (2) Grantees and subgrantees will maintain a contract administration 
system which ensures that contractors perform in accordance with the 
terms, conditions and specifications of their contracts or purchase 
orders.
    (3) Grantees and subgrantees will maintain a written code of 
standards of conduct governing the performance of their employees 
engaged in the award and administration of contracts. No employee, 
officer or agent of the grantee or subgrantee shall participate in 
selection, or in the award or administration of a contract supported by 
Federal funds if a conflict of interest, real or apparent, would be 
involved. Such a conflict would arise when:
    (i) The employee, officer or agent,
    (ii) Any member of his immediate family,
    (iii) His or her partner, or
    (iv) An organization which employs, or is about to employ, any of 
the above, has a financial or other interest in the firm selected for 
award. The grantee's or subgrantee's officers, employees or agent will 
neither solicit nor accept gratuities, favors or anything of monetary 
value from contractors, potential contractors, or parties to 
subagreements. Grantees and subgrantees may set minimum rules where the 
financial interest is not substantial or the gift is an unsolicited item 
of nominal intrinsic value. To the extent permitted by State or local 
law or regulations, such standards of conduct will provide for 
penalties, sanctions, or other disciplinary actions for violations of 
such standards by the grantee's officers, employees, or agents, or by 
contractors or their agents. The awarding agency may in regulation 
provide additional prohibitions relative to real, apparent, or potential 
conflicts of interest.
    (4) Grantee and subgrantee procedures will provide for a review of 
proposed procurements to avoid purchase of unnecessary or duplicative 
items. Consideration should be given to consolidating or breaking out 
procurements to obtain a more economical purchase. Where appropriate, an 
analysis will be made of lease versus purchase alternatives, and any 
other appropriate analysis to determine the most economical approach.
    (5) To foster greater economy and efficiency, grantees and 
subgrantees are encouraged to enter into State and local 
intergovernmental agreements for procurement or use of common goods and 
services.
    (6) Grantees and subgrantees are encouraged to use Federal excess 
and surplus property in lieu of purchasing new equipment and property 
whenever such use is feasible and reduces project costs.
    (7) Grantees and subgrantees are encouraged to use value engineering 
clauses in contracts for construction projects of sufficient size to 
offer reasonable opportunities for cost reductions. Value engineering is 
a systematic and creative analysis of each contract item or task to 
ensure that its essential function is provided at the overall lower 
cost.
    (8) Grantees and subgrantees will make awards only to responsible 
contractors possessing the ability to perform successfully under the 
terms and conditions of a proposed procurement. Consideration will be 
given to such matters as contractor integrity, compliance with public 
policy, record of past performance, and financial and technical 
resources.

[[Page 592]]

    (9) Grantees and subgrantees will maintain records sufficient to 
detail the significant history of a procurement. These records will 
include, but are not necessarily limited to the following: Rationale for 
the method of procurement, selection of contract type, contractor 
selection or rejection, and the basis for the contract price.
    (10) Grantees and subgrantees will use time and material type 
contracts only--
    (i) After a determination that no other contract is suitable, and
    (ii) If the contract includes a ceiling price that the contractor 
exceeds at its own risk.
    (11) Grantees and subgrantees alone will be responsible, in 
accordance with good administrative practice and sound business 
judgment, for the settlement of all contractual and administrative 
issues arising out of procurements. These issues include, but are not 
limited to source evaluation, protests, disputes and claims. These 
standards do not relieve the grantee or subgrantee of any contractual 
responsibilities under its contracts. Federal agencies will not 
substitute their judgment for that of the grantee or subgrantee unless 
the matter is primarily a Federal concern. Violations of law will be 
referred to the local, State or Federal authority having proper 
jurisdiction.
    (12) Grantees and subgrantees will have protest procedures to handle 
and resolve disputes relating to their procurements and shall in all 
instances disclose information regarding the protests to the awarding 
agency. A protestor must exhaust all administrative remedies with the 
grantee and subgrantee before pursuing a protest with the Federal 
agency. Reviews of protests by the Federal agency will be limited to:
    (i) Violations of Federal law or regulations and the standards of 
this section (violations of State or local law will be under the 
jurisdiction of State or local authorities) and
    (ii) Violations of grantee's or subgrantee's protest procedures for 
failure to review a complaint or protest. Protests received by the 
Federal agency other than those specified above will be referred to the 
grantee or subgrantee.
    (c) Competition. (1) All procurement transactions will be conducted 
in a manner providing full and open competition consistent with the 
standards of Sec.  105-71.136. Some of the situations considered to be 
restrictive of competition include but are not limited to:
    (i) Placing unreasonable requirements on firms in order for them to 
qualify to do business,
    (ii) Requiring unnecessary experience and excessive bonding,
    (iii) Noncompetitive pricing practices between firms or between 
affiliated companies,
    (iv) Noncompetitive awards to consultants that are on retainer 
contracts,
    (v) Organizational conflicts of interest,
    (vi) Specifying only a ``brand name'' product instead of allowing 
``an equal'' product to be offered and describing the performance of 
other relevant requirements of the procurement, and
    (vii) Any arbitrary action in the procurement process.
    (2) Grantees and subgrantees will conduct procurements in a manner 
that prohibits the use of statutorily or administratively imposed in-
State or local geographical preferences in the evaluation of bids or 
proposals, except in those cases where applicable Federal statutes 
expressly mandate or encourage geographic preference. Nothing in this 
section preempts State licensing laws. When contracting for 
architectural and engineering (A/E) services, geographic location may be 
a selection criteria provided its application leaves an appropriate 
number of qualified firms, given the nature and size of the project, to 
compete for the contract.
    (3) Grantees will have written selection procedures for procurement 
transactions. These procedures will ensure that all solicitations:
    (i) Incorporate a clear and accurate description of the technical 
requirements for the material, product, or service to be procured. Such 
description shall not, in competitive procurements, contain features 
which unduly restrict competition. The description may include a 
statement of the qualitative nature of the material, product or service 
to be procured, and when necessary, shall set forth those minimum 
essential characteristics and

[[Page 593]]

standards to which it must conform if it is to satisfy its intended use. 
Detailed product specifications should be avoided if at all possible. 
When it is impractical or uneconomical to make a clear and accurate 
description of the technical requirements, a ``brand name or equal'' 
description may be used as a means to define the performance or other 
salient requirements of a procurement. The specific features of the 
named brand which must be met by offerors shall be clearly stated; and
    (ii) Identify all requirements which the offerors must fulfill and 
all other factors to be used in evaluating bids or proposals.
    (4) Grantees and subgrantees will ensure that all prequalified lists 
of persons, firms, or products which are used in acquiring goods and 
services are current and include enough qualified sources to ensure 
maximum open and free competition. Also, grantees and subgrantees will 
not preclude potential bidders from qualifying during the solicitation 
period.
    (d) Methods of procurement to be followed--(1) Procurement by small 
purchase procedures. Small purchase procedures are those relatively 
simple and informal procurement methods for securing services, supplies, 
or other property that do not cost more than the simplified acquisition 
threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000). If 
small purchase procedures are used, price or rate quotations shall be 
obtained from an adequate number of qualified sources.
    (2) Procurement by sealed bids (formal advertising). Bids are 
publicly solicited and a firm-fixed-price contract (lump sum or unit 
price) is awarded to the responsible bidder whose bid, conforming with 
all the material terms and conditions of the invitation for bids, is the 
lowest in price. The sealed bid method is the preferred method for 
procuring construction, if the conditions in Sec.  105-71.136(d)(2)(i) 
apply.
    (i) In order for sealed bidding to be feasible, the following 
conditions should be present:
    (A) A complete, adequate, and realistic specification or purchase 
description is available;
    (B) Two or more responsible bidders are willing and able to compete 
effectively and for the business; and
    (C) The procurement lends itself to a firm fixed price contract and 
the selection of the successful bidder can be made principally on the 
basis of price.
    (ii) If sealed bids are used, the following requirements apply:
    (A) The invitation for bids will be publicly advertised and bids 
shall be solicited from an adequate number of known suppliers, providing 
them sufficient time prior to the date set for opening the bids;
    (B) The invitation for bids, which will include any specifications 
and pertinent attachments, shall define the items or services in order 
for the bidder to properly respond;
    (C) All bids will be publicly opened at the time and place 
prescribed in the invitation for bids;
    (D) A firm fixed-price contract award will be made in writing to the 
lowest responsive and responsible bidder. Where specified in bidding 
documents, factors such as discounts, transportation cost, and life 
cycle costs shall be considered in determining which bid is lowest. 
Payment discounts will only be used to determine the low bid when prior 
experience indicates that such discounts are usually taken advantage of; 
and
    (E) Any or all bids may be rejected if there is a sound documented 
reason.
    (3) Procurement by competitive proposals. The technique of 
competitive proposals is normally conducted with more than one source 
submitting an offer, and either a fixed-price or cost-reimbursement type 
contract is awarded. It is generally used when conditions are not 
appropriate for the use of sealed bids. If this method is used, the 
following requirements apply:
    (i) Requests for proposals will be publicized and identify all 
evaluation factors and their relative importance. Any response to 
publicized requests for proposals shall be honored to the maximum extent 
practical;
    (ii) Proposals will be solicited from an adequate number of 
qualified sources;

[[Page 594]]

    (iii) Grantees and subgrantees will have a method for conducting 
technical evaluations of the proposals received and for selecting 
awardees;
    (iv) Awards will be made to the responsible firm whose proposal is 
most advantageous to the program, with price and other factors 
considered; and
    (v) Grantees and subgrantees may use competitive proposal procedures 
for qualifications-based procurement of architectural/engineering (A/E) 
professional services whereby competitors' qualifications are evaluated 
and the most qualified competitor is selected, subject to negotiation of 
fair and reasonable compensation. The method, where price is not used as 
a selection factor, can only be used in procurement of A/E professional 
services. It cannot be used to purchase other types of services though 
A/E firms are a potential source to perform the proposed effort.
    (4) Procurement by noncompetitive proposals is procurement through 
solicitation of a proposal from only one source, or after solicitation 
of a number of sources, competition is determined inadequate.
    (i) Procurement by noncompetitive proposals may be used only when 
the award of a contract is infeasible under small purchase procedures, 
sealed bids or competitive proposals and one of the following 
circumstances applies:
    (A) The item is available only from a single source;
    (B) The public exigency or emergency for the requirement will not 
permit a delay resulting from competitive solicitation;
    (C) The awarding agency authorizes noncompetitive proposals; or
    (D) After solicitation of a number of sources, competition is 
determined inadequate.
    (ii) Cost analysis, i.e., verifying the proposed cost data, the 
projections of the data, and the evaluation of the specific elements of 
costs and profits, is required.
    (iii) Grantees and subgrantees may be required to submit the 
proposed procurement to the awarding agency for pre-award review in 
accordance with paragraph (g) of this section.
    (e) Contracting with small and minority firms, women's business 
enterprise and labor surplus area firms. (1) The grantee and subgrantee 
will take all necessary affirmative steps to assure that minority firms, 
women's business enterprises, and labor surplus area firms are used when 
possible.
    (2) Affirmative steps shall include:
    (i) Placing qualified small and minority businesses and women's 
business enterprises on solicitation lists;
    (ii) Assuring that small and minority businesses, and women's 
business enterprises are solicited whenever they are potential sources;
    (iii) Dividing total requirements, when economically feasible, into 
smaller tasks or quantities to permit maximum participation by small and 
minority business, and women's business enterprises;
    (iv) Establishing delivery schedules, where the requirement permits, 
which encourage participation by small and minority business, and 
women's business enterprises;
    (v) Using the services and assistance of the Small Business 
Administration, and the Minority Business Development Agency of the 
Department of Commerce; and
    (vi) Requiring the prime contractor, if subcontracts are to be let, 
to take the affirmative steps listed in paragraphs (e)(2) (i) through 
(v) of this section.
    (f) Contract cost and price. (1) Grantees and subgrantees must 
perform a cost or price analysis in connection with every procurement 
action including contract modifications. The method and degree of 
analysis is dependent on the facts surrounding the particular 
procurement situation, but as a starting point, grantees must make 
independent estimates before receiving bids or proposals. A cost 
analysis must be performed when the offeror is required to submit the 
elements of his estimated cost, e.g., under professional, consulting, 
and architectural engineering services contracts. A cost analysis will 
be necessary when adequate price competition is lacking, and for sole 
source procurements, including contract modifications or change orders, 
unless price reasonableness can be established on the basis of a catalog 
or market price of a commercial product sold in substantial quantities 
to the

[[Page 595]]

general public or based on prices set by law or regulation. A price 
analysis will be used in all other instances to determine the 
reasonableness of the proposed contract price.
    (2) Grantees and subgrantees will negotiate profit as a separate 
element of the price for each contract in which there is no price 
competition and in all cases where cost analysis is performed. To 
establish a fair and reasonable profit, consideration will be given to 
the complexity of the work to be performed, the risk borne by the 
contractor, the contractor's investment, the amount of subcontracting, 
the quality of its record of past performance, and industry profit rates 
in the surrounding geographical area for similar work.
    (3) Costs or prices based on estimated costs for contracts under 
grants will be allowable only to the extent that costs incurred or cost 
estimates included in negotiated prices are consistent with Federal cost 
principles (see Sec.  105-71.122). Grantees may reference their own cost 
principles that comply with the applicable Federal cost principles.
    (4) The cost plus a percentage of cost and percentage of 
construction cost methods of contracting shall not be used.
    (g) Awarding agency review. (1) Grantees and subgrantees must make 
available, upon request of the awarding agency, technical specifications 
on proposed procurements where the awarding agency believes such review 
is needed to ensure that the item and/or service specified is the one 
being proposed for purchase. This review generally will take place prior 
to the time the specification is incorporated into a solicitation 
document. However, if the grantee or subgrantee desires to have the 
review accomplished after a solicitation has been developed, the 
awarding agency may still review the specifications, with such review 
usually limited to the technical aspects of the proposed purchase.
    (2) Grantees and subgrantees must on request make available for 
awarding agency pre-award review procurement documents, such as requests 
for proposals or invitations for bids, independent cost estimates, etc. 
when:
    (i) A grantee's or subgrantee's procurement procedures or operation 
fails to comply with the procurement standards in this section; or
    (ii) The procurement is expected to exceed the simplified 
acquisition threshold and is to be awarded without competition or only 
one bid or offer is received in response to a solicitation; or
    (iii) The procurement, which is expected to exceed the simplified 
acquisition threshold, specifies a ``brand name'' product; or
    (iv) The proposed award is more than the simplified acquisition 
threshold and is to be awarded to other than the apparent low bidder 
under a sealed bid procurement; or
    (v) A proposed contract modification changes the scope of a contract 
or increases the contract amount by more than the simplified acquisition 
threshold.
    (3) A grantee or subgrantee will be exempt from the pre-award review 
in paragraph (g)(2) of this section if the awarding agency determines 
that its procurement systems comply with the standards of this section.
    (i) A grantee or subgrantee may request that its procurement system 
be reviewed by the awarding agency to determine whether its system meets 
these standards in order for its system to be certified. Generally, 
these reviews shall occur where there is a continuous high-dollar 
funding, and third-party contracts are awarded on a regular basis.
    (ii) A grantee or subgrantee may self-certify its procurement 
system. Such self-certification shall not limit the awarding agency's 
right to survey the system. Under a self-certification procedure, 
awarding agencies may wish to rely on written assurances from the 
grantee or subgrantee that it is complying with these standards. A 
grantee or subgrantee will cite specific procedures, regulations, 
standards, etc., as being in compliance with these requirements and have 
its system available for review.
    (h) Bonding requirements. For construction or facility improvement 
contracts or subcontracts exceeding the simplified acquisition 
threshold, the

[[Page 596]]

awarding agency may accept the bonding policy and requirements of the 
grantee or subgrantee provided the awarding agency has made a 
determination that the awarding agency's interest is adequately 
protected. If such a determination has not been made, the minimum 
requirements shall be as follows:
    (1) A bid guarantee from each bidder equivalent to five percent of 
the bid price. The ``bid guarantee'' shall consist of a firm commitment 
such as a bid bond, certified check, or other negotiable instrument 
accompanying a bid as assurance that the bidder will, upon acceptance of 
his bid, execute such contractual documents as may be required within 
the time specified.
    (2) A performance bond on the part of the contractor for 100 percent 
of the contract price. A ``performance bond'' is one executed in 
connection with a contract to secure fulfillment of all the contractor's 
obligations under such contract.
    (3) A payment bond on the part of the contractor for 100 percent of 
the contract price. A ``payment bond'' is one executed in connection 
with a contract to assure payment as required by law of all persons 
supplying labor and material in the execution of the work provided for 
in the contract.
    (i) Contract provisions. A grantee's and subgrantee's contracts must 
contain provisions in paragraph (i) of this section. Federal agencies 
are permitted to require changes, remedies, changed conditions, access 
and records retention, suspension of work, and other clauses approved by 
the Office of Federal Procurement Policy.
    (1) Administrative, contractual, or legal remedies in instances 
where contractors violate or breach contract terms, and provide for such 
sanctions and penalties as may be appropriate. (Contracts more than the 
simplified acquisition threshold)
    (2) Termination for cause and for convenience by the grantee or 
subgrantee including the manner by which it will be effected and the 
basis for settlement. (All contracts in excess of $10,000)
    (3) Compliance with Executive Order 11246 of September 24, 1965, 
entitled ``Equal Employment Opportunity,'' as amended by Executive Order 
11375 of October 13, 1967, and as supplemented in Department of Labor 
regulations (41 CFR chapter 60). (All construction contracts awarded in 
excess of $10,000 by grantees and their contractors or subgrantees)
    (4) Compliance with the Copeland ``Anti-Kickback'' Act (18 U.S.C. 
874) as supplemented in Department of Labor regulations (29 CFR part 3). 
(All contracts and subgrants for construction or repair)
    (5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) 
as supplemented by Department of Labor regulations (29 CFR part 5). 
(Construction contracts in excess of $2000 awarded by grantees and 
subgrantees when required by Federal grant program legislation)
    (6) Compliance with sections 103 and 107 of the Contract Work Hours 
and Safety Standards Act (40 U.S.C. 327-330) as supplemented by 
Department of Labor regulations (29 CFR part 5). (Construction contracts 
awarded by grantees and subgrantees in excess of $2000, and in excess of 
$2500 for other contracts which involve the employment of mechanics or 
laborers)
    (7) Notice of awarding agency requirements and regulations 
pertaining to reporting.
    (8) Notice of awarding agency requirements and regulations 
pertaining to patent rights with respect to any discovery or invention 
which arises or is developed in the course of or under such contract.
    (9) Awarding agency requirements and regulations pertaining to 
copyrights and rights in data.
    (10) Access by the grantee, the subgrantee, the Federal grantor 
agency, the Comptroller General of the United States, or any of their 
duly authorized representatives to any books, documents, papers, and 
records of the contractor which are directly pertinent to that specific 
contract for the purpose of making audit, examination, excerpts, and 
transcriptions.
    (11) Retention of all required records for three years after 
grantees or subgrantees make final payments and all other pending 
matters are closed.
    (12) Compliance with all applicable standards, orders, or 
requirements

[[Page 597]]

issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), 
section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 
11738, and Environmental Protection Agency regulations (40 CFR part 15). 
(Contracts, subcontracts, and subgrants of amounts in excess of 
$100,000)
    (13) Mandatory standards and policies relating to energy efficiency 
which are contained in the state energy conservation plan issued in 
compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 
89 Stat. 871).

[58 FR 43270, Aug. 16, 1993, as amended at 60 FR 19639, 19644, Apr. 19, 
1995]



Sec.  105-71.137  Subgrants.

    (a) States. States shall follow State law and procedures when 
awarding and administering subgrants (whether on a cost reimbursement or 
fixed amount basis) of financial assistance to local and Indian tribal 
governments. States shall:
    (1) Ensure that every subgrant includes any clauses required by 
Federal statute and executive orders and their implementing regulations;
    (2) Ensure that subgrantees are aware of requirements imposed upon 
them by Federal statute and regulation;
    (3) Ensure that a provision for compliance with Sec.  105-71.142 is 
placed in every cost reimbursement subgrant; and
    (4) Conform any advances of grant funds to subgrantees substantially 
to the same standards of timing and amount that apply to cash advances 
by Federal agencies.
    (b) All other grantees. All other grantees shall follow the 
provisions of this part which are applicable to awarding agencies when 
awarding and administering subgrants (whether on a cost reimbursement or 
fixed amount basis) of financial assistance to local and Indian tribal 
governments. Grantees shall:
    (1) Ensure that every subgrant includes a provision for compliance 
with this part;
    (2) Ensure that every subgrant includes any clauses required by 
Federal statute and executive orders and their implementing regulations; 
and
    (3) Ensure that subgrantees are aware of requirements imposed upon 
them by Federal statutes and regulations.
    (c) Exceptions. By their own terms, certain provisions of this part 
do not apply to the award and administration of subgrants:
    (1) Section 105-71.110;
    (2) Section 105-71.111;
    (3) The letter-of-credit procedures specified in Treasury 
Regulations at 31 CFR part 205, cited in Sec.  105-71.121; and
    (4) Section 105-71.150.



 Subpart 105	71.14_Post-Award Requirements/Reports, Records, Retention, 
                             and Enforcement



Sec.  105-71.140  Monitoring and reporting program performance.

    (a) Monitoring by grantees. Grantees are responsible for managing 
the day-to-day operations of grant and subgrant supported activities. 
Grantees must monitor grant and subgrant supported activities to assure 
compliance with applicable Federal requirements and that performance 
goals are being achieved. Grantee monitoring must cover each program, 
function or activity.
    (b) Non-construction performance reports. The Federal agency may, if 
it decides that performance information available from subsequent 
applications contains sufficient information to meet its programmatic 
needs, require the grantee to submit a performance report only upon 
expiration or termination of grant support. Unless waived by the Federal 
agency this report will be due on the same date as the final Financial 
Status Report.
    (1) Grantees shall submit annual performance reports unless the 
awarding agency requires quarterly or semiannual reports. However, 
performance reports will not be required more frequently than quarterly. 
Annual reports shall be due 90 days after the grant year, quarterly or 
semiannual reports shall be due 30 days after the reporting period. The 
final performance report will be due 90 days after the expiration or 
termination of grant support. If a justified request is submitted by a

[[Page 598]]

grantee, the Federal agency may extend the due date for any performance 
report. Additionally, requirements for unnecessary performance reports 
may be waived by the Federal agency.
    (2) Performance reports will contain, for each grant, brief 
information on the following:
    (i) A comparison of actual accomplishments to the objectives 
established for the period. Where the output of the project can be 
quantified, a computation of the cost per unit of output may be required 
if that information will be useful.
    (ii) The reasons for slippage if established objectives were not 
met.
    (iii) Additional pertinent information including, when appropriate, 
analysis and explanation of cost overruns or high unit costs.
    (3) Grantees will not be required to submit more than the original 
and two copies of performance reports.
    (4) Grantees will adhere to the standards in this section in 
prescribing performance reporting requirements for subgrantees.
    (c) Construction performance reports. For the most part, on-site 
technical inspections and certified percentage-of-completion data are 
relied on heavily by Federal agencies to monitor progress under 
construction grants and subgrants. The Federal agency will require 
additional formal performance reports only when considered necessary, 
and never more frequently than quarterly.
    (d) Significant developments. Events may occur between the scheduled 
performance reporting dates which have significant impact upon the grant 
or subgrant supported activity. In such cases, the grantee must inform 
the Federal agency as soon as the following types of conditions become 
known:
    (1) Problems, delays, or adverse conditions which will materially 
impair the ability to meet the objective of the award. This disclosure 
must include a statement of the action taken, or contemplated, and any 
assistance needed to resolve the situation.
    (2) Favorable developments which enable meeting time schedules and 
objectives sooner or at less cost than anticipated or producing more 
beneficial results than originally planned.
    (e) Federal agencies may make site visits as warranted by program 
needs.
    (f) Waivers, extensions. (1) Federal agencies may waive any 
performance report required by this part if not needed.
    (2) The grantee may waive any performance report from a subgrantee 
when not needed. The grantee may exend the due date for any performance 
report from a subgrantee if the grantee will still be able to meet its 
performance reporting obligations to the Federal agency.



Sec.  105-71.141  Financial reporting.

    (a) General. (1) Except as provided in paragraphs (a) (2) and (5) of 
this section, grantees will use only the forms specified in paragraphs 
(a) through (e) of this section, and such supplementary or other forms 
as may from time to time be authorized by OMB, for:
    (i) Submitting financial reports to Federal agencies, or
    (ii) Requesting advances or reimbursements when letters of credit 
are not used.
    (2) Grantees need not apply the forms prescribed in this section in 
dealing with their subgrantees. However, grantees shall not impose more 
burdensome requirements on subgrantees.
    (3) Grantees shall follow all applicable standard and supplemental 
Federal agency instructions approved by OMB to the extent required under 
the Paperwork Reduction Act of 1980 for use in connection with forms 
specified in paragraphs (b) through (e) of this section. Federal 
agencies may issue substantive supplementary instructions only with the 
approval of OMB. Federal agencies may shade out or instruct the grantee 
to disregard any line item that the Federal agency finds unnecessary for 
its decision making purposes.
    (4) Grantees will not be required to submit more than the original 
and two copies of forms required under this part.
    (5) Federal agencies may provide computer outputs to grantees to 
expedite or contribute to the accuracy of reporting. Federal agencies 
may accept the required information from grantees in machine usable 
format or computer printouts instead of prescribed forms.

[[Page 599]]

    (6) Federal agencies may waive any report required by this section 
if not needed.
    (7) Federal agencies may extend the due date on any financial report 
upon receiving a justified request from a grantee.
    (b) Financial Status Report--(1) Form. Grantees will use Standard 
Form 269 or 269A, Financial Status Report, to report the status of funds 
for all non-construction grants and for construction grants when 
required in accordance with paragraph (e)(2)(iii) of this section.
    (2) Accounting basis. Each grantee will report program outlays and 
program income on a cash or accrual basis as prescribed by the awarding 
agency. If the Federal agency requires accrual information and the 
grantee's accounting records are not normally kept on the accrual basis, 
the grantee shall not be required to convert its accounting system but 
shall develop such accrual information through an analysis of the 
documentation on hand.
    (3) Frequency. The Federal agency may prescribe the frequency of the 
report for each project or program. However, the report will not be 
required more frequently than quarterly. If the Federal agency does not 
specify the frequency of the report, it will be submitted annually. A 
final report will be required upon expiration or termination of grant 
support.
    (4) Due date. When reports are required on a quarterly or semiannual 
basis, they will be due 30 days after the reporting period. When 
required on an annual basis, they will be due 90 days after the grant 
year. Final reports will be due 90 days after the expiration or 
termination of grant support.
    (c) Federal Cash Transactions Report--(1) Form. (i) For grants paid 
by letter of credit, Treasury check advances or electronic transfer of 
funds, the grantee will submit the Standard Form 272, Federal Cash 
Transactions Report, and when necessary, its continuation sheet, 
Standard Form 272A, unless the terms of the award exempt the grantee 
from this requirement.
    (ii) These reports will be used by the Federal agency to monitor 
cash advanced to grantees and to obtain disbursement or outlay 
information for each grant from grantees. The format of the report may 
be adapted as appropriated when reporting is to be accomplished with the 
assistance of automatic data processing equipment provided that the 
information to be submitted is not changed in substance.
    (2) Forecasts of Federal cash requirements. Forecasts of Federal 
cash requirements may be required in the ``Remarks'' section of the 
report.
    (3) Cash in hands of subgrantees. When considered necessary and 
feasible by the Federal agency, grantees may be required to report the 
amount of cash advances in excess of three days' needs in the hands of 
their subgrantees or contractors and to provide short narrative 
explanations of actions taken by the grantee to reduce the excess 
balances.
    (4) Frequency and due date. Grantees must submit the report no later 
than 15 working days following the end of each quarter. However, where 
an advance either by letter of credit or electronic transfer of funds is 
authorized at an annualized rate of one million dollars or more, the 
Federal agency may require the report to be submitted within 15 working 
days following the end of each month.
    (d) Request for advance or reimbursement--(1) Advance payments. 
Requests for Treasury check advance payments will be submitted on 
Standard Form 270, Request for Advance or Reimbursement. (This form will 
not be used for drawdowns under a letter of credit, electronic funds 
transfer or when Treasury check advance payments are made to the grantee 
automatically on a predetermined basis.)
    (2) Reimbursements. Requests for reimbursement under non-
construction grants will also be submitted on Standard Form 270. (For 
reimbursement requests under construction grants, see paragraph (e)(1) 
of this section.)
    (3) The frequency for submitting payment requests is treated in 
Sec.  105-71.141(b)(3).
    (e) Outlay report and request for reimbursement for construction 
programs. (1) Grants that support construction activities paid by 
reimbursement method.
    (i) Requests for reimbursement under construction grants will be 
submitted

[[Page 600]]

on Standard Form 271, Outlay Report and Request for Reimbursement for 
Construction Programs. Federal agencies may, however, prescribe the 
Request for Advance or Reimbursement form, specified in Sec.  105-
71.141(d), instead of this form.
    (ii) The frequency for submitting reimbursement requests is treated 
in Sec.  105-71.141(b)(3).
    (2) Grants that support construction activities paid by letter of 
credit, electronic funds transfer or Treasury check advance.
    (i) When a construction grant is paid by letter of credit, 
electronic funds transfer or Treasury check advances, the grantee will 
report its outlays to the Federal agency using Standard Form 271, Outlay 
Report and Request for Reimbursement for Construction Programs. The 
Federal agency will provide any necessary special instruction. However, 
frequency and due date shall be governed by Sec.  105-71.141(b) (3) and 
(4).
    (ii) When a construction grant is paid by Treasury check advances 
based on periodic requests from the grantee, the advances will be 
requested on the form specified in Sec.  105-71.141(d).
    (iii) The Federal agency may substitute the Financial Status Report 
specified in Sec.  105-71.141(b) for the Outlay Report and Request for 
Reimbursement for Construction Programs.
    (3) Accounting basis. The accounting basis for the Outlay Report and 
Request for Reimbursement for Construction Programs shall be governed by 
Sec.  105-71.141(b)(2).



Sec.  105-71.142  Retention and access requirements for records.

    (a) Applicability. (1) This section applies to all financial and 
programmatic records, supporting documents, statistical records, and 
other records of grantees of subgrantees or subgrantees which are:
    (i) Required to be maintained by the terms of this part, program 
regulations or the grant agreement, or
    (ii) Otherwise reasonably considered as pertinent to program 
regulations or the grant agreement.
    (2) This section does not apply to records maintained by contractors 
or subcontractors. For a requirement to place a provision concerning 
records in certain kinds of contracts, see Sec.  105-71.136(i)(10).
    (b) Length of retention period. (1) Except as otherwise provided, 
records must be retained for three years from the starting date 
specified in paragraph (c) of this section.
    (2) If any litigation, claim, negotiation, audit or other action 
involving the records has been started before the expiration of the 3-
year period, the records must be retained until completion of the action 
and resolution of all issues which arise from it, or until the end of 
the regular 3-year period, whichever is later.
    (3) To avoid duplicate recordkeeping, awarding agencies may make 
special arrangements with grantees and subgrantees to retain any records 
which are continuously needed for joint use. The awarding agency will 
request transfer of records to its custody when it determines that the 
records possess long-term retention value. When the records are 
transferred to or maintained by the Federal agency, the 3-year retention 
requirement is not applicable to the grantee or subgrantee.
    (c) Starting date of retention period--(1) General. When grant 
support is continued or renewed at annual or other intervals, the 
retention period for the records of each funding period starts on the 
day the grantee or subgrantee submits to the awarding agency its single 
or last expenditure report for that period. However, if grant support is 
continued or renewed quarterly, the retention period for each year's 
records starts on the day the grantee submits its expenditure report for 
the last quarter of the Federal fiscal year. In all other cases, the 
retention period starts on the day the grantee submits its final 
expenditure report. If an expenditure report has been waived, the 
retention period starts on the day the report would have been due.
    (2) Real property and equipment records. The retention period for 
real property and equipment records starts from the date of the 
disposition or replacement or transfer at the direction of the awarding 
agency.
    (3) Records for income transactions after grant or subgrant support. 
In some cases grantees must report income after the period of grant 
support.

[[Page 601]]

Where there is such a requirement, the retention period for the records 
pertaining to the earning of the income starts from the end of the 
grantee's fiscal year in which the income is earned.
    (4) Indirect cost rate proposals, cost allocations plans, etc. This 
paragraph applies to the following types of documents, and their 
supporting records: indirect cost rate computations or proposals, cost 
allocation plans, and any similar accounting computations of the rates 
at which a particular group of costs is chargeable (such as computer 
usage chargeback rates or composite fringe benefit rates).
    (i) If submitted for negotiation. If the proposal, plan, or other 
computation is required to be submitted to the Federal Government (or to 
the grantee) to form the basis for negotiation of the rate, then the 3-
year retention period for its supporting records starts from the date of 
such submission.
    (ii) If not submitted for negotiation. If the proposal, plan, or 
other computations are not required to be submitted to the Federal 
Government (or to the grantee) for negotiation purposes, then the 3-year 
retention period for the proposal plan, or computation and its 
supporting records starts from end of the fiscal year (or other 
accounting period) covered by the proposal, plan, or other computation.
    (d) Substitution of microfilm. Copies made by microfilming, 
photocopying, or similar methods may be substituted for the original 
records.
    (e) Access to records--(1) Records of grantees and subgrantees. The 
awarding agency and the Comptroller General of the United States, or any 
of their authorized representatives, shall have the right of access to 
any pertinent books, documents, papers, or other records of grantees and 
subgrantees which are pertinent to the grant, in order to make audits, 
examinations, excerpts, and transcripts.
    (2) Expiration of right of access. The rights of access in this 
section must not be limited to the required retention period but shall 
last as long as the records are retained.
    (f) Restrictions on public access. The Federal Freedom of 
Information Act (5 U.S.C. 552) does not apply to records. Unless 
required by Federal, State, or local law, grantees and subgrantees are 
not required to permit public access to their records.



Sec.  105-71.143  Enforcement.

    (a) Remedies for noncompliance. If a grantee or subgrantee 
materially fails to comply with any term of an award, whether stated in 
a Federal statute or regulation, an assurance, in a State plan or 
application, a notice of award, or elsewhere, the awarding agency may 
take one or more of the following actions, as appropriate in the 
circumstances:
    (1) Temporary withhold cash payments pending correction of the 
deficiency by the grantee or subgrantee or more severe enforcement 
action by the awarding agency,
    (2) Disallow (that is, deny both use of funds and matching credit 
for) all or part of the cost of the activity or action not in 
compliance,
    (3) Wholly or partly suspend or terminate the current award for the 
grantee's or subgrantee's program,
    (4) Without further awards for the program, or
    (5) Take other remedies that may be legally available,
    (b) Hearings, appeals. In taking an enforcement action, the awarding 
agency will provide the grantee or subgrantee an opportunity for such 
hearing, appeal, or other administrative proceeding to which the grantee 
or subgrantee is entitled under any statute or regulation applicable to 
the action involved.
    (c) Effects of suspension and termination. Costs of grantee or 
subgrantee resulting from obligations incurred by the grantee or 
subgrantee during a suspension or after termination of an award are not 
allowable unless the awarding agency expressly authorizes them in the 
notice of suspension or termination or subsequently. Other grantee or 
subgrantee costs during suspension or after termination which are 
necessary and not reasonably avoidable are allowable if:
    (1) The costs result from obligations which were properly incurred 
by the grantee or subgrantee before the effective date of suspension or 
termination, are not in anticipation of it, and, in

[[Page 602]]

case of a termination, are noncancellable, and,
    (2) The cost would be allowable if the award were not suspended or 
expired normally at the end of the funding period in which the 
termination takes effect.
    (d) Relationship to debarment and suspension. The enforcement 
remedies identified in this section, including suspension and 
termination, do not preclude grantee or subgrantee from being subject to 
``Debarment and Suspension'' under E.O. 12549 (see Sec.  105-71.135).



Sec.  105-71.144  Termination for convenience.

    Except as provided in Sec.  105-71.143 awards may be terminated in 
whole or in part only as follows:
    (a) By the awarding agency with the consent of the grantee or 
subgrantee in which case the two parties shall agree upon the 
termination conditions, including the effective date and in the case of 
partial termination, the portion to be terminated, or
    (b) By the grantee or subgrantee upon written notification to the 
awarding agency, setting forth the reasons for such termination, the 
effective date, and in the case of partial termination, the portion to 
be terminated. However, if, in the case of a partial termination, the 
awarding agency determines that the remaining portion of the award will 
not accomplish the purposes for which the award was made, the awarding 
agency may terminate the award in its entirety under either Sec.  105-
71.143 or paragraph (a) of this section.



             Subpart 105	71.15_After-the-Grant Requirements



Sec.  105-71.150  Closeout.

    (a) General. The Federal agency will close out the award when it 
determines that all applicable administrative actions and all required 
work of the grant has been completed.
    (b) Reports. Within 90 days after the expiration or termination of 
the grant, the grantee must submit all financial, performance, and other 
reports required as a condition of the grant. Upon request by the 
grantee, Federal agencies may extend this timeframe. These may include 
but are not limited to:
    (1) Final performance or progress report.
    (2) Financial Status Report (SF 269) or Outlay Report and Request 
for Reimbursement for Construction Programs (SF-271) (as applicable).
    (3) Final request for payment (SF-270) (if applicable).
    (4) Invention disclosure (if applicable).
    (5) Federally-owned property report: In accordance with Sec.  105-
71.132(f), a grantee must submit an inventory of all federally owned 
property (as distinct from property acquired with grant funds) for which 
it is accountable and request disposition instructions from the Federal 
agency of property no longer needed.
    (c) Cost adjustment. The Federal agency will, within 90 days after 
receipt of reports in paragraph (b) of this section, make upward or 
downward adjustments to the allowable costs.
    (d) Cash adjustments. (1) The Federal agency will make prompt 
payment to the grantee for allowable reimbursable costs.
    (2) The grantee must immediately refund to the Federal agency any 
balance of unobligated (unencumbered) cash advanced that is not 
authorized to be retained for use on other grants.



Sec.  105-71.151  Later disallowances and adjustments.

    The closeout of a grant does not affect:
    (a) The Federal agency's right to disallow costs and recover funds 
on the basis of a later audit or other review;
    (b) The grantee's obligation to return any funds due as a result of 
later refunds, corrections, or other transactions;
    (c) Records retention as required in Sec.  105-71.142;
    (d) Property management requirements in Sec. Sec.  105-71.131 and 
105-71.132; and
    (e) Audit requirements in Sec.  105-71.126.



Sec.  105-71.152  Collection of amounts due.

    (a) Any funds paid to a grantee in excess of the amount to which the 
grantee is finally determined to be entitled

[[Page 603]]

under the terms of the award constitute a debt to the Federal 
Government. If not paid within a reasonable period after demand, the 
Federal agency may reduce the debt by:
    (1) Making an administrative offset against other requests for 
reimbursement,
    (2) Withholding advance payments otherwise due to the grantee, or
    (3) Other action permitted by law.
    (b) Except where otherwise provided by statutes or regulations, the 
Federal agency will charge interest on an overdue debt in accordance 
with the Federal Claims Collection Standards (4 CFR Ch. II). The date 
from which interest is computed is not extended by litigation or the 
filing of any form of appeal.

Subpart 105-71.16--Entitlements [Reserved]



PART 105	72_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER
NON-PROFIT ORGANIZATIONS--Table of Contents



                        Subpart 105	72.1_General

Sec.
105-72.100 Purpose.
105-72.101 Definitions.
105-72.102 Effect on other issuances.
105-72.103 Deviations.
105-72.104 Subawards.

                 Subpart 105	72.2_Pre-Award Requirements

105-72.200 Purpose.
105-72.201 Pre-award policies.
105-72.202 Forms for applying for Federal assistance.
105-72.203 Debarment and suspension.
105-72.204 Special award conditions.
105-72.205 Metric system of measurement.
105-72.206 Resource Conservation and Recovery Act.
105-72.207 Certifications and representations.

    Subpart 105	72.30_Post-Award Requirements/Financial and Program 
                               Management

105-72.300 Purpose of financial and program management.
105-72.301 Standards for financial management systems.
105-72.302 Payment.
105-72.303 Cost sharing or matching.
105-72.304 Program income.
105-72.305 Revision of budget and program plans.
105-72.306 Non-Federal audits.
105-72.307 Allowable costs.
105-72.308 Period of availability of funds.

      Subpart 105	72.40_Post-Award Requirements/Property Standards

105-72.400 Purpose of property standards.
105-72.401 Insurance coverage.
105-72.402 Real property.
105-72.403 Federally-owned and exempt property.
105-72.404 Equipment.
105-72.405 Supplies and other expendable property.
105-72.406 Intangible property.
105-72.407 Property trust relationship.

     Subpart 105	72.50_Post-Award Requirements/Procurement Standards

105-72.500 Purpose of procurement standards.
105-72.501 Recipient responsibilities.
105-72.502 Codes of conduct.
105-72.503 Competition.
105-72.504 Procurement procedures.
105-72.505 Cost and price analysis.
105-72.506 Procurement records.
105-72.507 Contract administration.
105-72.508 Contract provisions.

      Subpart 105	72.60_Post-Award Requirements/Reports and Records

105-72.600 Purpose of reports and records.
105-72.601 Monitoring and reporting program performance.
105-72.602 Financial reporting.
105-72.603 Retention and access requirements for records.

  Subpart 105	72.70_Post-Award Requirements/Termination and Enforcement

105-72.700 Purpose of termination and enforcement.
105-72.701 Termination.
105-72.702 Enforcement.

             Subpart 105	72.80_After-the-Award Requirements

105-72.800 Purpose.
105-72.801 Closeout procedures.
105-72.802 Subsequent adjustments and continuing responsibilities.
105-72.803 Collection of amounts due.

Appendix A to Part 105-72--Contract Provisions


[[Page 604]]


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

    Source: 59 FR 47268, Sept. 15, 1994, unless otherwise noted.



                        Subpart 105	72.1_General



Sec.  105-72.100  Purpose.

    This part establishes uniform administrative requirements for 
Federal grants and agreements awarded to institutions of higher 
education, hospitals, and other non-profit organizations. Federal 
awarding agencies shall not impose additional or inconsistent 
requirements, except as provided in Sec. Sec.  105-72.103, and 105-
72.204 or unless specifically required by Federal statute or executive 
order. Non-profit organizations that implement Federal programs for the 
States are also subject to State requirements.



Sec.  105-72.101  Definitions.

    (a) Accrued expenditures means the charges incurred by the recipient 
during a given period requiring the provision of funds for:
    (1) Goods and other tangible property received;
    (2) Services performed by employees, contractors, subrecipients, and 
other payees; and
    (3) Other amounts becoming owed under programs for which no current 
services or performance is required.
    (b) Accrued income means the sum of:
    (1) Earnings during a given period from
    (i) Services performed by the recipient, and
    (ii) Goods and other tangible property delivered to purchasers, and
    (2) Amounts becoming owed to the recipient for which no current 
services or performance is required by the recipient.
    (c) Acquisition cost of equipment means the net invoice price of the 
equipment, including the cost of modifications, attachments, 
accessories, or auxiliary apparatus necessary to make the property 
usable for the purpose for which it was acquired. Other charges, such as 
the cost of installation, transportation, taxes, duty or protective in-
transit insurance, shall be included or excluded from the unit 
acquisition cost in accordance with the recipient's regular accounting 
practices.
    (d) Advance means a payment made by Treasury check or other 
appropriate payment mechanism to a recipient upon its request either 
before outlays are made by the recipient or through the use of 
predetermined payment schedules.
    (e) Award means financial assistance that provides support or 
stimulation to accomplish a public purpose. Awards include grants and 
other agreements in the form of money or property in lieu of money, by 
the Federal Government to an eligible recipient. The term does not 
include: technical assistance, which provides services instead of money; 
other assistance in the form of loans, loan guarantees, interest 
subsidies, or insurance; direct payments of any kind to individuals; 
and, contracts which are required to be entered into and administered 
under procurement laws and regulations.
    (f) Cash contributions means the recipient's cash outlay, including 
the outlay of money contributed to the recipient by third parties.
    (g) Closeout means the process by which a Federal awarding agency 
determines that all applicable administrative actions and all required 
work of the award have been completed by the recipient and Federal 
awarding agency.
    (h) Contract means a procurement contract under an award or 
subaward, and a procurement subcontract under a recipient's or 
subrecipient's contract.
    (i) Cost sharing or matching means that portion of project or 
program costs not borne by the Federal Government.
    (j) Date of completion means the date on which all work under an 
award is completed or the date on the award document, or any supplement 
or amendment thereto, on which Federal sponsorship ends.
    (k) Disallowed costs means those charges to an award that the 
Federal awarding agency determines to be unallowable, in accordance with 
the applicable Federal cost principles or other terms and conditions 
contained in the award.
    (l) Equipment means tangible nonexpendable personal property 
including exempt property charged directly to the award having a useful 
life of more than one year and an acquisition cost

[[Page 605]]

of $5000 or more per unit. However, consistent with recipient policy, 
lower limits may be established.
    (m) Excess property means property under the control of any Federal 
awarding agency that, as determined by the head thereof, is no longer 
required for its needs or the discharge of its responsibilities.
    (n) Exempt property means tangible personal property acquired in 
whole or in part with Federal funds, where the Federal awarding agency 
has statutory authority to vest title in the recipient without further 
obligation to the Federal Government. An example of exempt property 
authority is contained in the Federal Grant and Cooperative Agreement 
Act (31 U.S.C. 6306), for property acquired under an award to conduct 
basic or applied research by a non-profit institution of higher 
education or non-profit organization whose principal purpose is 
conducting scientific research.
    (o) Federal awarding agency means the Federal agency that provides 
an award to the recipient.
    (p) Federal funds authorized means the total amount of Federal funds 
obligated by the Federal Government for use by the recipient. This 
amount may include any authorized carryover of unobligated funds from 
prior funding periods when permitted by agency regulations or agency 
implementing instructions.
    (q) Federal share of real property, equipment, or supplies means 
that percentage of the property's acquisition costs and any improvement 
expenditures paid with Federal funds.
    (r) Funding period means the period of time when Federal funding is 
available for obligation by the recipient.
    (s) Intangible property and debt instruments means, but is not 
limited to, trademarks, copyrights, patents and patent applications and 
such property as loans, notes and other debt instruments, lease 
agreements, stock and other instruments of property ownership, whether 
considered tangible or intangible.
    (t) Obligations means the amounts of orders placed, contracts and 
grants awarded, services received and similar transactions during a 
given period that require payment by the recipient during the same or a 
future period.
    (u) Outlays or expenditures means charges made to the project or 
program. They may be reported on a cash or accrual basis. For reports 
prepared on a cash basis, outlays are the sum of cash disbursements for 
direct charges for goods and services, the amount of indirect expense 
charged, the value of third party in-kind contributions applied and the 
amount of cash advances and payments made to subrecipients. For reports 
prepared on an accrual basis, outlays are the sum of cash disbursements 
for direct charges for goods and services, the amount of indirect 
expense incurred, the value of in-kind contributions applied, and the 
net increase (or decrease) in the amounts owed by the recipient for 
goods and other property received, for services performed by employees, 
contractors, subrecipients and other payees and other amounts becoming 
owed under programs for which no current services or performance are 
required.
    (v) Personal property means property of any kind except real 
property. It may be tangible, having physical existence, or intangible, 
having no physical existence, such as copyrights, patents, or 
securities.
    (w) Prior approval means written approval by an authorized official 
evidencing prior consent.
    (x) Program income means gross income earned by the recipient that 
is directly generated by a supported activity or earned as a result of 
the award (see exclusions in Sec.  105-72.304 (e) and (h)). Program 
income includes, but is not limited to, income from fees for services 
performed, the use or rental of real or personal property acquired under 
federally-funded projects, the sale of commodities or items fabricated 
under an award, license fees and royalties on patents and copyrights, 
and interest on loans made with award funds. Interest earned on advances 
of Federal funds is not program income. Except as otherwise provided in 
Federal awarding agency regulations or the terms and conditions of the 
award, program income does not include the receipt of principal on 
loans, rebates, credits, discounts, etc., or interest earned on any of 
them.

[[Page 606]]

    (y) Project costs means all allowable costs, as set forth in the 
applicable Federal cost principles, incurred by a recipient and the 
value of the contributions made by third parties in accomplishing the 
objectives of the award during the project period.
    (z) Project period means the period established in the award 
document during which Federal sponsorship begins and ends.
    (aa) Property means, unless otherwise stated, real property, 
equipment, intangible property and debt instruments.
    (bb) Real property means land, including land improvements, 
structures and appurtenances thereto, but excludes movable machinery and 
equipment.
    (cc) Recipient means an organization receiving financial assistance 
directly from Federal awarding agencies to carry out a project or 
program. The term includes public and private institutions of higher 
education, public and private hospitals, and other quasi-public and 
private non-profit organizations such as, but not limited to, community 
action agencies, research institutes, educational associations, and 
health centers. The term may include commercial organizations, foreign 
or international organizations (such as agencies of the United Nations) 
which are recipients, subrecipients, or contractors or subcontractors of 
recipients or subrecipients at the discretion of the Federal awarding 
agency. The term does not include government-owned contractor-operated 
facilities or research centers providing continued support for mission-
oriented, large-scale programs that are government-owned or controlled, 
or are designated as federally-funded research and development centers.
    (dd) Research and development means all research activities, both 
basic and applied, and all development activities that are supported at 
universities, colleges, and other non-profit institutions. ``Research'' 
is defined as a systematic study directed toward fuller scientific 
knowledge or understanding of the subject studied. ``Development'' is 
the systematic use of knowledge and understanding gained from research 
directed toward the production of useful materials, devices, systems, or 
methods, including design and development of prototypes and processes. 
The term research also includes activities involving the training of 
individuals in research techniques where such activities utilize the 
same facilities as other research and development activities and where 
such activities are not included in the instruction function.
    (ee) Small awards means a grant or cooperative agreement not 
exceeding the small purchase threshold fixed at 41 U.S.C. 403(11) 
(currently $25,000).
    (ff) Subaward means an award of financial assistance in the form of 
money, or property in lieu of money, made under an award by a recipient 
to an eligible subrecipient or by a subrecipient to a lower tier 
subrecipient. The term includes financial assistance when provided by 
any legal agreement, even if the agreement is called a contract, but 
does not include procurement of goods and services nor does it include 
any form of assistance which is excluded from the definition of 
``award'' in paragraph 105-72.101(e).
    (gg) Subrecipient means the legal entity to which a subaward is made 
and which is accountable to the recipient for the use of the funds 
provided. The term may include foreign or international organizations 
(such as agencies of the United Nations) at the discretion of the 
Federal awarding agency.
    (hh) Supplies means all personal property excluding equipment, 
intangible property, and debt instruments as defined in this section, 
and inventions of a contractor conceived or first actually reduced to 
practice in the performance of work under a funding agreement (``subject 
inventions''), as defined in 37 CFR part 401, ``Rights to Inventions 
Made by Nonprofit Organizations and Small Business Firms Under 
Government Grants, Contracts, and Cooperative Agreements.''
    (ii) Suspension means an action by a Federal awarding agency that 
temporarily withdraws Federal sponsorship under an award, pending 
corrective action by the recipient or pending a decision to terminate 
the award by the Federal awarding agency. Suspension of an award is a 
separate action from

[[Page 607]]

suspension under Federal agency regulations implementing E.O.s 12549 and 
12689, ``Debarment and Suspension.''
    (jj) Termination means the cancellation of Federal sponsorship, in 
whole or in part, under an agreement at any time prior to the date of 
completion.
    (kk) Third party in-kind contributions means the value of noncash 
contributions provided by non-Federal third parties. Third party in-kind 
contributions may be in the form of real property, equipment, supplies 
and other expendable property, and the value of goods and services 
directly benefiting and specifically identifiable to the project or 
program.
    (ll) Unliquidated obligations, for financial reports prepared on a 
cash basis, means the amount of obligations incurred by the recipient 
that have not been paid. For reports prepared on an accrued expenditure 
basis, they represent the amount of obligations incurred by the 
recipient for which an outlay has not been recorded.
    (mm) Unobligated balance means the portion of the funds authorized 
by the Federal awarding agency that has not been obligated by the 
recipient and is determined by deducting the cumulative obligations from 
the cumulative funds authorized.
    (nn) Unrecovered indirect cost means the difference between the 
amount awarded and the amount which could have been awarded under the 
recipient's approved negotiated indirect cost rate.
    (oo) Working capital advance means a procedure where by funds are 
advanced to the recipient to cover its estimated disbursement needs for 
a given initial period.



Sec.  105-72.102  Effect on other issuances.

    For awards subject to this regulation, all administrative 
requirements of codified program regulations, program manuals, handbooks 
and other nonregulatory materials which are inconsistent with the 
requirements of this regulation shall be superseded, except to the 
extent they are required by statute, or authorized in accordance with 
the deviations provision in Sec.  105-72.103.



Sec.  105-72.103  Deviations.

    The Office of Management and Budget (OMB) may grant exceptions for 
classes of grants or recipients subject to the requirements of this 
regulation when exceptions are not prohibited by statute. However, in 
the interest of maximum uniformity, exceptions from the requirements of 
this regulation shall be permitted only in unusual circumstances. 
Federal awarding agencies may apply more restrictive requirements to a 
class of recipients when approved by OMB. Federal awarding agencies may 
apply less restrictive requirements when awarding small awards, except 
for those requirements which are statutory. Exceptions on a case-by-case 
basis may also be made by Federal awarding agencies.



Sec.  105-72.104  Subawards.

    Unless sections of this regulation specifically exclude 
subrecipients from coverage, the provisions of this regulation shall be 
applied to subrecipients performing work under awards if such 
subrecipients are institutions of higher education, hospitals or other 
non-profit organizations. State and local government subrecipients are 
subject to the provisions of regulations implementing the grants 
management common rule, ``Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments,'' 41 CFR 105-
71.



                 Subpart 105	72.2_Pre-Award Requirements



Sec.  105-72.200  Purpose.

    Sections 105-72.201 through 105-72.207 prescribes forms and 
instructions and other pre-award matters to be used in applying for 
Federal awards.



Sec.  105-72.201  Pre-award policies.

    (a) Use of grants and cooperative agreements, and contracts. In each 
instance, the Federal awarding agency shall decide on the appropriate 
award instrument (i.e., grant, cooperative agreement, or contract). The 
Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301-08) governs 
the use of grants, cooperative agreements and contracts. A grant or 
cooperative

[[Page 608]]

agreement shall be used only when the principal purpose of a transaction 
is to accomplish a public purpose of support or stimulation authorized 
by Federal statute. The statutory criterion for choosing between grants 
and cooperative agreements is that for the latter, ``substantial 
involvement is expected between the executive agency and the State, 
local government, or other recipient when carrying out the activity 
contemplated in the agreement.'' Contracts shall be used when the 
principal purpose is acquisition of property or services for the direct 
benefit or use of the Federal Government.
    (b) Public notice and priority setting. Federal awarding agencies 
shall notify the public of its intended funding priorities for 
discretionary grant programs, unless funding priorities are established 
by Federal statute.



Sec.  105-72.202  Forms for applying for Federal assistance.

    (a) Federal awarding agencies shall comply with the applicable 
report clearance requirements of 5 CFR part 1320, ``Controlling 
Paperwork Burdens on the Public,'' with regard to all forms used by the 
Federal awarding agency in place of or as a supplement to the Standard 
Form 424 (SF-424) series.
    (b) Applicants shall use the SF-424 series or those forms and 
instructions prescribed by the Federal awarding agency.
    (c) For Federal programs covered by E.O. 12372, ``Intergovernmental 
Review of Federal Programs,'' the applicant shall complete the 
appropriate sections of the SF-424 (Application for Federal Assistance) 
indicating whether the application was subject to review by the State 
Single Point of Contact (SPOC). The name and address of the SPOC for a 
particular State can be obtained from the Federal awarding agency or the 
Catalog of Federal Domestic Assistance. The SPOC shall advise the 
applicant whether the program for which application is made has been 
selected by that State for review.
    (d) Federal awarding agencies that do not use the SF-424 form should 
indicate whether the application is subject to review by the State under 
E.O. 12372.



Sec.  105-72.203  Debarment and suspension.

    Federal awarding agencies and recipients shall comply with the 
nonprocurement debarment and suspension common rule implementing E.O.s 
12549 and 12689, ``Debarment and Suspension.'' This common rule 
restricts subawards and contracts with certain parties that are 
debarred, suspended or otherwise excluded from or ineligible for 
participation in Federal assistance programs or activities.



Sec.  105-72.204  Special award conditions.

    If an applicant or recipient:
    (a) Has a history of poor performance,
    (b) Is not financially stable,
    (c) Has a management system that does not meet the standards 
prescribed in this regulation,
    (d) Has not conformed to the terms and conditions of a previous 
award, or
    (e) Is not otherwise responsible;

Federal awarding agencies may impose additional requirements as needed, 
provided that such applicant or recipient is notified in writing as to: 
the nature of the additional requirements, the reason why the additional 
requirements are being imposed, the nature of the corrective action 
needed, the time allowed for completing the corrective actions, and the 
method for requesting reconsideration of the additional requirements 
imposed. Any special conditions shall be promptly removed once the 
conditions that prompted them have been corrected.



Sec.  105-72.205  Metric system of measurement.

    The Metric Conversion Act, as amended by the Omnibus Trade and 
Competitiveness Act (15 U.S.C. 205) declares that the metric system is 
the preferred measurement system for U.S. trade and commerce. The Act 
requires each Federal agency to establish a date or dates in 
consultation with the Secretary of Commerce, when the metric system of 
measurement will be used in the agency's procurements, grants, and other 
business-related activities. Metric implementation may take longer where 
the use of the system is initially

[[Page 609]]

impractical or likely to cause significant inefficiencies in the 
accomplishment of federally-funded activities. Federal awarding agencies 
shall follow the provisions of E.O. 12770, ``Metric Usage in Federal 
Government Programs.''



Sec.  105-72.206  Resource Conservation and Recovery Act.

    Under the Resource Conservation and Recovery Act (RCRA) (Pub. L. 94-
580 codified at 42 U.S.C. 6962), any State agency or agency of a 
political subdivision of a State which is using appropriated Federal 
funds must comply with section 6002. Section 6002 requires that 
preference be given in procurement programs to the purchase of specific 
products containing recycled materials identified in guidelines 
developed by the Environmental Protection Agency (EPA) (40 CFR parts 247 
through 254). Accordingly, State and local institutions of higher 
education, hospitals, and non-profit organizations that receive direct 
Federal awards or other Federal funds shall give preference in their 
procurement programs funded with Federal funds to the purchase of 
recycled products pursuant to the EPA guidelines.



Sec.  105-72.207  Certifications and representations.

    Unless prohibited by statute or codified regulation, each Federal 
awarding agency is authorized and encouraged to allow recipients to 
submit certifications and representations required by statute, executive 
order, or regulation on an annual basis, if the recipients have ongoing 
and continuing relationships with the agency. Annual certifications and 
representations shall be signed by responsible officials with the 
authority to ensure recipients' compliance with the pertinent 
requirements.



    Subpart 105	72.30_Post-Award Requirements/Financial and Program 
                               Management



Sec.  105-72.300  Purpose of financial and program management.

    Sections 105-72.301 through 105-72.308 prescribe standards for 
financial management systems, methods for making payments and rules for: 
satisfying cost sharing and matching requirements, accounting for 
program income, budget revision approvals, making audits, determining 
allowability of cost, and establishing fund availability.



Sec.  105-72.301  Standards for financial management systems.

    (a) Federal awarding agencies shall require recipients to relate 
financial data to performance data and develop unit cost information 
whenever practical.
    (b) Recipients' financial management systems shall provide for the 
following.
    (1) Accurate, current and complete disclosure of the financial 
results of each federally-sponsored project or program in accordance 
with the reporting requirements set forth in Sec.  105-72.602. If a 
Federal awarding agency requires reporting on an accrual basis from a 
recipient that maintains its records on other than an accrual basis, the 
recipient shall not be required to establish an accrual accounting 
system. These recipients may develop such accrual data for its reports 
on the basis of an analysis of the documentation on hand.
    (2) Records that identify adequately the source and application of 
funds for federally-sponsored activities. These records shall contain 
information pertaining to Federal awards, authorizations, obligations, 
unobligated balances, assets, outlays, income and interest.
    (3) Effective control over and accountability for all funds, 
property and other assets. Recipients shall adequately safeguard all 
such assets and assure they are used solely for authorized purposes.
    (4) Comparison of outlays with budget amounts for each award. 
Whenever appropriate, financial information should be related to 
performance and unit cost data.
    (5) Written procedures to minimize the time elapsing between the 
transfer of funds to the recipient from the U.S. Treasury and the 
issuance or redemption of checks, warrants or payments by other means 
for program purposes by the recipient. To the extent that the provisions 
of the Cash Management Improvement Act (CMIA) (Pub. L. 101-453) govern, 
payment methods of State

[[Page 610]]

agencies, instrumentalities, and fiscal agents shall be consistent with 
CMIA Treasury-State Agreements or the CMIA default procedures codified 
at 31 CFR part 205, ``Withdrawal of Cash from the Treasury for Advances 
under Federal Grant and Other Programs.''
    (6) Written procedures for determining the reasonableness, 
allocability and allowability of costs in accordance with the provisions 
of the applicable Federal cost principles and the terms and conditions 
of the award.
    (7) Accounting records including cost accounting records that are 
supported by source documentation.
    (c) Where the Federal Government guarantees or insures the repayment 
of money borrowed by the recipient, the Federal awarding agency, at its 
discretion, may require adequate bonding and insurance if the bonding 
and insurance requirements of the recipient are not deemed adequate to 
protect the interest of the Federal Government.
    (d) The Federal awarding agency may require adequate fidelity bond 
coverage where the recipient lacks sufficient coverage to protect the 
Federal Government's interest.
    (e) Where bonds are required in the situations described above, the 
bonds shall be obtained from companies holding certificates of authority 
as acceptable sureties, as prescribed in 31 CFR part 223, ``Surety 
Companies Doing Business with the United States.''



Sec.  105-72.302  Payment.

    (a) Payment methods shall minimize the time elapsing between the 
transfer of funds from the United States Treasury and the issuance or 
redemption of checks, warrants, or payment by other means by the 
recipients. Payment methods of State agencies or instrumentalities shall 
be consistent with Treasury-State CMIA agreements or default procedures 
codified at 31 CFR part 205.
    (b)(1) Recipients are to be paid in advance, provided they maintain 
or demonstrate the willingness to maintain:
    (i) Written procedures that minimize the time elapsing between the 
transfer of funds and disbursement by the recipient, and
    (ii) Financial management systems that meet the standards for fund 
control and accountability as established in Sec.  105-72.301.
    (2) Cash advances to a recipient organization shall be limited to 
the minimum amounts needed and be timed to be in accordance with the 
actual, immediate cash requirements of the recipient organization in 
carrying out the purpose of the approved program or project. The timing 
and amount of cash advances shall be as close as is administratively 
feasible to the actual disbursements by the recipient organization for 
direct program or project costs and the proportionate share of any 
allowable indirect costs.
    (c) Whenever possible, advances shall be consolidated to cover 
anticipated cash needs for all awards made by the Federal awarding 
agency to the recipient.
    (1) Advance payment mechanisms include, but are not limited to, 
Treasury check and electronic funds transfer.
    (2) Advance payment mechanisms are subject to 31 CFR part 205.
    (3) Recipients shall be authorized to submit requests for advances 
and reimbursements at least monthly when electronic fund transfers are 
not used.
    (d) Requests for Treasury check advance payment shall be submitted 
on SF-270, ``Request for Advance or Reimbursement,'' or other forms as 
may be authorized by OMB. This form is not to be used when Treasury 
check advance payments are made to the recipient automatically through 
the use of a predetermined payment schedule or if precluded by special 
Federal awarding agency instructions for electronic funds transfer.
    (e) Reimbursement is the preferred method when the requirements in 
paragraph (b) cannot be met. Federal awarding agencies may also use this 
method on any construction agreement, or if the major portion of the 
construction project is accomplished through private market financing or 
Federal loans, and the Federal assistance constitutes a minor portion of 
the project.
    (1) When the reimbursement method is used, the Federal awarding 
agency shall make payment within 30 days after receipt of the billing, 
unless the billing is improper.

[[Page 611]]

    (2) Recipients shall be authorized to submit request for 
reimbursement at least monthly when electronic funds transfers are not 
used.
    (f) If a recipient cannot meet the criteria for advance payments and 
the Federal awarding agency has determined that reimbursement is not 
feasible because the recipient lacks sufficient working capital, the 
Federal awarding agency may provide cash on a working capital advance 
basis. Under this procedure, the Federal awarding agency shall advance 
cash to the recipient to cover its estimated disbursement needs for an 
initial period generally geared to the awardee's disbursing cycle. 
Thereafter, the Federal awarding agency shall reimburse the recipient 
for its actual cash disbursements. The working capital advance method of 
payment shall not be used for recipients unwilling or unable to provide 
timely advances to their subrecipient to meet the subrecipient's actual 
cash disbursements.
    (g) To the extent available, recipients shall disburse funds 
available from repayments to and interest earned on a revolving fund, 
program income, rebates, refunds, contract settlements, audit recoveries 
and interest earned on such funds before requesting additional cash 
payments.
    (h) Unless otherwise required by statute, Federal awarding agencies 
shall not withhold payments for proper charges made by recipients at any 
time during the project period unless paragraphs (h)(1) or (2) of this 
section apply.
    (1) A recipient has failed to comply with the project objectives, 
the terms and conditions of the award, or Federal reporting 
requirements.
    (2) The recipient or subrecipient is delinquent in a debt to the 
United States as defined in OMB Circular A-129, ``Managing Federal 
Credit Programs.'' Under such conditions, the Federal awarding agency 
may, upon reasonable notice, inform the recipient that payments shall 
not be made for obligations incurred after a specified date until the 
conditions are corrected or the indebtedness to the Federal Government 
is liquidated.
    (i) Standards governing the use of banks and other institutions as 
depositories of funds advanced under awards are as follows:
    (1) Except for situations described in paragraph (i)(2), Federal 
awarding agencies shall not require separate depository accounts for 
funds provided to a recipient or establish any eligibility requirements 
for depositories for funds provided to a recipient. However, recipients 
must be able to account for the receipt, obligation and expenditure of 
funds.
    (2) Advances of Federal funds shall be deposited and maintained in 
insured accounts whenever possible.
    (j) Consistent with the national goal of expanding the opportunities 
for women-owned and minority-owned business enterprises, recipients 
shall be encouraged to use womenowned and minority-owned banks (a bank 
which is owned at least 50 percent by women or minority group members).
    (k) Recipients shall maintain advances of Federal funds in interest 
bearing accounts, unless paragraph (k)(1), (2) or (3) of this section 
apply.
    (1) The recipient receives less than $120,000 in Federal awards per 
year.
    (2) The best reasonably available interest bearing account would not 
be expected to earn interest in excess of $250 per year on Federal cash 
balances.
    (3) The depository would require an average or minimum balance so 
high that it would not be feasible within the expected Federal and non-
Federal cash resources.
    (l) For those entities where CMIA and its implementing regulations 
do not apply, interest earned on Federal advances deposited in interest 
bearing accounts shall be remitted annually to Department of Health and 
Human Services, Payment Management System, P.O. Box 6021, Rockville, MD 
20852. Interest amounts up to $250 per year may be retained by the 
recipient for administrative expense. State universities and hospitals 
shall comply with CMIA, as it pertains to interest. If an entity subject 
to CMIA uses its own funds to pay pre-award costs for discretionary 
awards without prior written approval from the Federal awarding agency, 
it waives its right to recover the interest under CMIA.
    (m) Except as noted elsewhere in this regulation, only the following 
forms

[[Page 612]]

shall be authorized for the recipients in requesting advances and 
reimbursements. Federal agencies shall not require more than an original 
and two copies of these forms.
    (1) SF-270, Request for Advance or Reimbursement. Each Federal 
awarding agency shall adopt the SF-270 as a standard form for all 
nonconstruction programs when electronic funds transfer or predetermined 
advance methods are not used. Federal awarding agencies, however, have 
the option of using this form for construction programs in lieu of the 
SF-271, ``Outlay Report and Request for Reimbursement for Construction 
Programs.''
    (2) SF-271, Outlay Report and Request for Reimbursement for 
Construction Programs. Each Federal awarding agency shall adopt the SF-
271 as the standard form to be used for requesting reimbursement for 
construction programs. However, a Federal awarding agency may substitute 
the SF-270 when the Federal awarding agency determines that it provides 
adequate information to meet Federal needs.



Sec.  105-72.303  Cost sharing or matching.

    (a) All contributions, including cash and third party in-kind, shall 
be accepted as part of the recipient's cost sharing or matching when 
such contributions meet all of the following criteria.
    (1) Are verifiable from the recipient's records.
    (2) Are not included as contributions for any other federally-
assisted project or program.
    (3) Are necessary and reasonable for proper and efficient 
accomplishment of project or program objectives.
    (4) Are allowable under the applicable cost principles.
    (5) Are not paid by the Federal Government under another award, 
except where authorized by Federal statute to be used for cost sharing 
or matching.
    (6) Are provided for in the approved budget when required by the 
Federal awarding agency.
    (7) Conform to other provisions of this regulation, as applicable.
    (b) Unrecovered indirect costs may be included as part of cost 
sharing or matching only with the prior approval of the Federal awarding 
agency.
    (c) Values for recipient contributions of services and property 
shall be established in accordance with the applicable cost principles. 
If a Federal awarding agency authorizes recipients to donate buildings 
or land for construction/facilities acquisition projects or long-term 
use, the value of the donated property for cost sharing or matching 
shall be the lesser of paragraph (c)(1) or (2) of this section.
    (1) The certified value of the remaining life of the property 
recorded in the recipient's accounting records at the time of donation.
    (2) The current fair market value. However, when there is sufficient 
justification, the Federal awarding agency may approve the use of the 
current fair market value of the donated property, even if it exceeds 
the certified value at the time of donation to the project.
    (d) Volunteer services furnished by professional and technical 
personnel, consultants, and other skilled and unskilled labor may be 
counted as cost sharing or matching if the service is an integral and 
necessary part of an approved project or program. Rates for volunteer 
services shall be consistent with those paid for similar work in the 
recipient's organization. In those instances in which the required 
skills are not found in the recipient organization, rates shall be 
consistent with those paid for similar work in the labor market in which 
the recipient competes for the kind of services involved. In either 
case, paid fringe benefits that are reasonable, allowable, and allocable 
may be included in the valuation.
    (e) When an employer other than the recipient furnishes the services 
of an employee, these services shall be valued at the employee's regular 
rate of pay (plus an amount of fringe benefits that are reasonable, 
allowable, and allocable, but exclusive of overhead costs), provided 
these services are in the same skill for which the employee is normally 
paid.
    (f) Donated supplies may include such items as expendable equipment, 
office supplies, laboratory supplies or workshop and classroom supplies. 
Value assessed to donated supplies included in the cost sharing or 
matching share shall be reasonable and shall not

[[Page 613]]

exceed the fair market value of the property at the time of the 
donation.
    (g) The method used for determining cost sharing or matching for 
donated equipment, buildings and land for which title passes to the 
recipient may differ according to the purpose of the award, if paragraph 
(g)(1) or (2) of this section apply.
    (1) If the purpose of the award is to assist the recipient in the 
acquisition of equipment, buildings or land, the total value of the 
donated property may be claimed as cost sharing or matching.
    (2) If the purpose of the award is to support activities that 
require the use of equipment, buildings or land, normally only 
depreciation or use charges for equipment and buildings may be made. 
However, the full value of equipment or other capital assets and fair 
rental charges for land may be allowed, provided that the Federal 
awarding agency has approved the charges.
    (h) The value of donated property shall be determined in accordance 
with the usual accounting policies of the recipient, with the following 
qualifications.
    (1) The value of donated land and buildings shall not exceed its 
fair market value at the time of donation to the recipient as 
established by an independent appraiser (e.g., certified real property 
appraiser or General Services Administration representative) and 
certified by a responsible official of the recipient.
    (2) The value of donated equipment shall not exceed the fair market 
value of equipment of the same age and condition at the time of 
donation.
    (3) The value of donated space shall not exceed the fair rental 
value of comparable space as established by an independent appraisal of 
comparable space and facilities in a privately-owned building in the 
same locality.
    (4) The value of loaned equipment shall not exceed its fair rental 
value.
    (5) The following requirements pertain to the recipient's supporting 
records for in-kind contributions from third parties.
    (i) Volunteer services shall be documented and, to the extent 
feasible, supported by the same methods used by the recipient for its 
own employees.
    (ii) The basis for determining the valuation for personal service, 
material, equipment, buildings and land shall be documented.



Sec.  105-72.304  Program income.

    (a) Federal awarding agencies shall apply the standards set forth in 
this section in requiring recipient organizations to account for program 
income related to projects financed in whole or in part with Federal 
funds.
    (b) Except as provided in paragraph (h) of this section, program 
income earned during the project period shall be retained by the 
recipient and, in accordance with Federal awarding agency regulations or 
the terms and conditions of the award, shall be used in one or more of 
the ways listed in the following.
    (1) Added to funds committed to the project by the Federal awarding 
agency and recipient and used to further eligible project or program 
objectives.
    (2) Used to finance the non-Federal share of the project or program.
    (3) Deducted from the total project or program allowable cost in 
determining the net allowable costs on which the Federal share of costs 
is based.
    (c) When an agency authorizes the disposition of program income as 
described in paragraphs (b)(1) or (b)(2), program income in excess of 
any limits stipulated shall be used in accordance with paragraph (b)(3).
    (d) In the event that the Federal awarding agency does not specify 
in its regulations or the terms and conditions of the award how program 
income is to be used, paragraph (b)(3) shall apply automatically to all 
projects or programs except research. For awards that support research, 
paragraph (b)(1) shall apply automatically unless the awarding agency 
indicates in the terms and conditions another alternative on the award 
or the recipient is subject to special award conditions, as indicated in 
Sec.  105-72.204.
    (e) Unless Federal awarding agency regulations or the terms and 
conditions of the award provide otherwise, recipients shall have no 
obligation to the Federal Government regarding program income earned 
after the end of the project period.

[[Page 614]]

    (f) If authorized by Federal awarding agency regulations or the 
terms and conditions of the award, costs incident to the generation of 
program income may be deducted from gross income to determine program 
income, provided these costs have not been charged to the award.
    (g) Proceeds from the sale of property shall be handled in 
accordance with the requirements of the Property Standards (See 
Sec. Sec.  105-72.400 through 105-72.407).
    (h) Unless Federal awarding agency regulations or the terms and 
condition of the award provide otherwise, recipients shall have no 
obligation to the Federal Government with respect to program income 
earned from license fees and royalties for copyrighted material, 
patents, patent applications, trademarks, and inventions produced under 
an award. However, Patent and Trademark Amendments (35 U.S.C. 18) apply 
to inventions made under an experimental, developmental, or research 
award.



Sec.  105-72.305  Revision of budget and program plans.

    (a) The budget plan is the financial expression of the project or 
program as approved during the award process. It may include either the 
Federal and non-Federal share, or only the Federal share, depending upon 
Federal awarding agency requirements. It shall be related to performance 
for program evaluation purposes whenever appropriate.
    (b) Recipients are required to report deviations from budget and 
program plans, and request prior approvals for budget and program plan 
revisions, in accordance with this section.
    (c) For nonconstruction awards, recipients shall request prior 
approvals from Federal awarding agencies for one or more of the 
following program or budget related reasons.
    (1) Change in the scope or the objective of the project or program 
(even if there is no associated budget revision requiring prior written 
approval).
    (2) Change in a key person specified in the application or award 
document.
    (3) The absence for more than three months, or a 25 percent 
reduction in time devoted to the project, by the approved project 
director or principal investigator.
    (4) The need for additional Federal funding.
    (5) The transfer of amounts budgeted for indirect costs to absorb 
increases in direct costs, or vice versa, if approval is required by the 
Federal awarding agency.
    (6) The inclusion, unless waived by the Federal awarding agency, of 
costs that require prior approval in accordance with OMB Circular A-21, 
``Cost Principles for Institutions of Higher Education,'' OMB Circular 
A-122, ``Cost Principles for Non-Profit Organizations,'' or 45 CFR part 
74 appendix E, ``Principles for Determining Costs Applicable to Research 
and Development under Grants and Contracts with Hospitals,'' or 48 CFR 
part 31, ``Contract Cost Principles and Procedures,'' as applicable.
    (7) The transfer of funds allotted for training allowances (direct 
payment to trainees) to other categories of expense.
    (8) Unless described in the application and funded in the approved 
awards, the subaward, transfer or contracting out of any work under an 
award. This provision does not apply to the purchase of supplies, 
material, equipment or general support services.
    (d) No other prior approval requirements for specific items may be 
imposed unless a deviation has been approved by OMB.
    (e) Except for requirements listed in paragraphs (c)(1) and (c)(4) 
of this section, Federal awarding agencies are authorized, at their 
option, to waive cost-related and administrative prior written approvals 
required by this regulation and OMB Circulars A-21 and A-122. Such 
waivers may include authorizing recipients to do any one or more of the 
following.
    (1) Incur pre-award costs 90 calendar days prior to award or more 
than 90 calendar days with the prior approval of the Federal awarding 
agency. All pre-award costs are incurred at the recipient's risk (i.e., 
the Federal awarding agency is under no obligation to reimburse such 
costs if for any reason the recipient does not receive an award or if 
the award is less than anticipated and inadequate to cover such costs).

[[Page 615]]

    (2) Initiate a one-time extension of the expiration date of the 
award of up to 12 months unless one or more of the following conditions 
apply. For one-time extensions, the recipient must notify the Federal 
awarding agency in writing with the supporting reasons and revised 
expiration date at least 10 days before the expiration date specified in 
the award. This one-time extension may not be exercised merely for the 
purpose of using unobligated balances.
    (i) The terms and conditions of award prohibit the extension.
    (ii) The extension requires additional Federal funds.
    (iii) The extension involves any change in the approved objectives 
or scope of the project.
    (3) Carry forward unobligated balances to subsequent funding 
periods.
    (4) For awards that support research, unless the Federal awarding 
agency provides otherwise in the award or in the agency's regulations, 
the prior approval requirements described in paragraph (e) are 
automatically waived (i.e., recipients need not obtain such prior 
approvals) unless one of the conditions included in paragraph (e)(2) 
applies.
    (f) The Federal awarding agency may, at its option, restrict the 
transfer of funds among direct cost categories or programs, functions 
and activities for awards in which the Federal share of the project 
exceeds $100,000 and the cumulative amount of such transfers exceeds or 
is expected to exceed 10 percent of the total budget as last approved by 
the Federal awarding agency. No Federal awarding agency shall permit a 
transfer that would cause any Federal appropriation or part thereof to 
be used for purposes other than those consistent with the original 
intent of the appropriation.
    (g) All other changes to nonconstruction budgets, except for the 
changes described in paragraph (j), do not require prior approval.
    (h) For construction awards, recipients shall request prior written 
approval promptly from Federal awarding agencies for budget revisions 
whenever paragraphs (h)(1), (2) or (3) of this section apply.
    (1) The revision results from changes in the scope or the objective 
of the project or program.
    (2) The need arises for additional Federal funds to complete the 
project.
    (3) A revision is desired which involves specific costs for which 
prior written approval requirements may be imposed consistent with 
applicable OMB cost principles listed in Sec.  105-72.307.
    (i) No other prior approval requirements for specific items may be 
imposed unless a deviation has been approved by OMB.
    (j) When a Federal awarding agency makes an award that provides 
support for both construction and nonconstruction work, the Federal 
awarding agency may require the recipient to request prior approval from 
the Federal awarding agency before making any fund or budget transfers 
between the two types of work supported.
    (k) For both construction and nonconstruction awards, Federal 
awarding agencies shall require recipients to notify the Federal 
awarding agency in writing promptly whenever the amount of Federal 
authorized funds is expected to exceed the needs of the recipient for 
the project period by more than $5000 or five percent of the Federal 
award, whichever is greater. This notification shall not be required if 
an application for additional funding is submitted for a continuation 
award.
    (l) When requesting approval for budget revisions, recipients shall 
use the budget forms that were used in the application unless the 
Federal awarding agency indicates a letter of request suffices.
    (m) Within 30 calendar days from the date of receipt of the request 
for budget revisions, Federal awarding agencies shall review the request 
and notify the recipient whether the budget revisions have been 
approved. If the revision is still under consideration at the end of 30 
calendar days, the Federal awarding agency shall inform the recipient in 
writing of the date when the recipient may expect the decision.



Sec.  105-72.306  Non-Federal audits.

    (a) Recipients and subrecipients that are institutions of higher 
education or

[[Page 616]]

other non-profit organizations (including hospitals) shall be subject to 
the audit requirements contained in the Single Audit Act Amendments of 
1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, ``Audits of 
States, Local Governments, and Non-Profit Organizations.''
    (b) State and local governments shall be subject to the audit 
requirements contained in the Single Audit Act Amendments of 1996 (31 
U.S.C. 7501-7507) and revised OMB Circular A-133, ``Audits of States, 
Local Governments, and Non-Profit Organizations.''
    (c) For-profit hospitals not covered by the audit provisions of 
revised OMB Circular A-133 shall be subject to the audit requirements of 
the Federal awarding agencies.
    (d) Commercial organizations shall be subject to the audit 
requirements of the Federal awarding agency or the prime recipient as 
incorporated into the award document.

[59 FR 47268, Sept. 15, 1994, as amended at 62 FR 45939, 45944, Aug. 29, 
1997]



Sec.  105-72.307  Allowable costs.

    For each kind of recipient, there is a set of Federal principles for 
determining allowable costs. Allowability of costs shall be determined 
in accordance with the cost principles applicable to the entity 
incurring the costs. Thus, allowability of costs incurred by State, 
local or federally-recognized Indian tribal governments is determined in 
accordance with the provisions of OMB Circular A-87, ``Cost Principles 
for State and Local Governments.'' The allowability of costs incurred by 
non-profit organizations is determined in accordance with the provisions 
of OMB Circular A-122, ``Cost Principles for Non-Profit Organizations.'' 
The allowability of costs incurred by institutions of higher education 
is determined in accordance with the provisions of OMB Circular A-21, 
``Cost Principles for Educational Institutions.'' The allowability of 
costs incurred by hospitals is determined in accordance with the 
provisions of appendix E of 45 CFR part 74, ``Principles for Determining 
Costs Applicable to Research and Development Under Grants and Contracts 
with Hospitals.'' The allowability of costs incurred by commercial 
organizations and those non-profit organizations listed in Attachment C 
to Circular A-122 is determined in accordance with the provisions of the 
Federal Acquisition Regulation (FAR) at 48 CFR part 31.



Sec.  105-72.308  Period of availability of funds.

    Where a funding period is specified, a recipient may charge to the 
grant only allowable costs resulting from obligations incurred during 
the funding period and any pre-award costs authorized by the Federal 
awarding agency.



      Subpart 105	72.40_Post-Award Requirements/Property Standards



Sec.  105-72.400  Purpose of property standards.

    Sections 105-72.401 through 105-72.407 set forth uniform standards 
governing management and disposition of property furnished by the 
Federal Government whose cost was charged to a project supported by a 
Federal award. Federal awarding agencies shall require recipients to 
observe these standards under awards and shall not impose additional 
requirements, unless specifically required by Federal statute. The 
recipient may use its own property management standards and procedures 
provided it observes the provisions of Sec.  105-72.401 through Sec.  
105-72.407.



Sec.  105-72.401  Insurance coverage.

    Recipients shall, at a minimum, provide the equivalent insurance 
coverage for real property and equipment acquired with Federal funds as 
provided to property owned by the recipient. Federally-owned property 
need not be insured unless required by the terms and conditions of the 
award.



Sec.  105-72.402  Real property.

    Each Federal awarding agency shall prescribe requirements for 
recipients concerning the use and disposition of real property acquired 
in whole or in part under awards. Unless otherwise provided by statute, 
such requirements, at a minimum, shall contain the following.
    (a) Title to real property shall vest in the recipient subject to 
the condition that the recipient shall use the real property for the 
authorized purpose of

[[Page 617]]

the project as long as it is needed and shall not encumber the property 
without approval of the Federal awarding agency.
    (b) The recipient shall obtain written approval by the Federal 
awarding agency for the use of real property in other federally-
sponsored projects when the recipient determines that the property is no 
longer needed for the purpose of the original project. Use in other 
projects shall be limited to those under federally-sponsored projects 
(i.e., awards) or programs that have purposes consistent with those 
authorized for support by the Federal awarding agency.
    (c) When the real property is no longer needed as provided in 
paragraphs (a) and (b), the recipient shall request disposition 
instructions from the Federal awarding agency or its successor Federal 
awarding agency. The Federal awarding agency shall observe one or more 
of the following disposition instructions.
    (1) The recipient may be permitted to retain title without further 
obligation to the Federal Government after it compensates the Federal 
Government for that percentage of the current fair market value of the 
property attributable to the Federal participation in the project.
    (2) The recipient may be directed to sell the property under 
guidelines provided by the Federal awarding agency and pay the Federal 
Government for that percentage of the current fair market value of the 
property attributable to the Federal participation in the project (after 
deducting actual and reasonable selling and fix-up expenses, if any, 
from the sales proceeds). When the recipient is authorized or required 
to sell the property, proper sales procedures shall be established that 
provide for competition to the extent practicable and result in the 
highest possible return.
    (3) The recipient may be directed to transfer title to the property 
to the Federal Government or to an eligible third party provided that, 
in such cases, the recipient shall be entitled to compensation for its 
attributable percentage of the current fair market value of the 
property.



Sec.  105-72.403  Federally-owned and exempt property.

    (a) Federally-owned property. (1) Title to federally-owned property 
remains vested in the Federal Government. Recipients shall submit 
annually an inventory listing of federally-owned property in their 
custody to the Federal awarding agency. Upon completion of the award or 
when the property is no longer needed, the recipient shall report the 
property to the Federal awarding agency for further Federal agency 
utilization.
    (2) If the Federal awarding agency has no further need for the 
property, it shall be declared excess and reported to the General 
Services Administration, unless the Federal awarding agency has 
statutory authority to dispose of the property by alternative methods 
(e.g., the authority provided by the Federal Technology Transfer Act (15 
U.S.C. 3710 (I)) to donate research equipment to educational and non-
profit organizations in accordance with E.O. 12821, ``Improving 
Mathematics and Science Education in Support of the National Education 
Goals.'') Appropriate instructions shall be issued to the recipient by 
the Federal awarding agency.
    (b) Exempt property. When statutory authority exists, the Federal 
awarding agency has the option to vest title to property acquired with 
Federal funds in the recipient without further obligation to the Federal 
Government and under conditions the Federal awarding agency considers 
appropriate. Such property is ``exempt property.'' Should a Federal 
awarding agency not establish conditions, title to exempt property upon 
acquisition shall vest in the recipient without further obligation to 
the Federal Government.



Sec.  105-72.404  Equipment.

    (a) Title to equipment acquired by a recipient with Federal funds 
shall vest in the recipient, subject to conditions of this section.
    (b) The recipient shall not use equipment acquired with Federal 
funds to provide services to non-Federal outside organizations for a fee 
that is less than private companies charge for equivalent services, 
unless specifically authorized by Federal statute, for as long

[[Page 618]]

as the Federal Government retains an interest in the equipment.
    (c) The recipient shall use the equipment in the project or program 
for which it was acquired as long as needed, whether or not the project 
or program continues to be supported by Federal funds and shall not 
encumber the property without approval of the Federal awarding agency. 
When no longer needed for the original project or program, the recipient 
shall use the equipment in connection with its other federally-sponsored 
activities, in the following order of priority:
    (1) Activities sponsored by the Federal awarding agency which funded 
the original project, then
    (2) Activities sponsored by other Federal awarding agencies.
    (d) During the time that equipment is used on the project or program 
for which it was acquired, the recipient shall make it available for use 
on other projects or programs if such other use will not interfere with 
the work on the project or program for which the equipment was 
originally acquired. First preference for such other use shall be given 
to other projects or programs sponsored by the Federal awarding agency 
that financed the equipment; second preference shall be given to 
projects or programs sponsored by other Federal awarding agencies. If 
the equipment is owned by the Federal Government, use on other 
activities not sponsored by the Federal Government shall be permissible 
if authorized by the Federal awarding agency. User charges shall be 
treated as program income.
    (e) When acquiring replacement equipment, the recipient may use the 
equipment to be replaced as trade-in or sell the equipment and use the 
proceeds to offset the costs of the replacement equipment subject to the 
approval of the Federal awarding agency.
    (f) The recipient's property management standards for equipment 
acquired with Federal funds and federally-owned equipment shall include 
all of the following.
    (1) Equipment records shall be maintained accurately and shall 
include the following information.
    (i) A description of the equipment.
    (ii) Manufacturer's serial number, model number, Federal stock 
number, national stock number, or other identification number.
    (iii) Source of the equipment, including the award number.
    (iv) Whether title vests in the recipient or the Federal Government.
    (v) Acquisition date (or date received, if the equipment was 
furnished by the Federal Government) and cost.
    (vi) Information from which one can calculate the percentage of 
Federal participation in the cost of the equipment (not applicable to 
equipment furnished by the Federal Government).
    (vii) Location and condition of the equipment and the date the 
information was reported.
    (viii) Unit acquisition cost.
    (ix) Ultimate disposition data, including date of disposal and sales 
price or the method used to determine current fair market value where a 
recipient compensates the Federal awarding agency for its share.
    (2) Equipment owned by the Federal Government shall be identified to 
indicate Federal ownership.
    (3) A physical inventory of equipment shall be taken and the results 
reconciled with the equipment records at least once every two years. Any 
differences between quantities determined by the physical inspection and 
those shown in the accounting records shall be investigated to determine 
the causes of the difference. The recipient shall, in connection with 
the inventory, verify the existence, current utilization, and continued 
need for the equipment.
    (4) A control system shall be in effect to insure adequate 
safeguards to prevent loss, damage, or theft of the equipment. Any loss, 
damage, or theft of equipment shall be investigated and fully 
documented; if the equipment was owned by the Federal Government, the 
recipient shall promptly notify the Federal awarding agency.
    (5) Adequate maintenance procedures shall be implemented to keep the 
equipment in good condition.
    (6) Where the recipient is authorized or required to sell the 
equipment, proper sales procedures shall be established which provide 
for competition to the

[[Page 619]]

extent practicable and result in the highest possible return.
    (g) When the recipient no longer needs the equipment, the equipment 
may be used for other activities in accordance with the following 
standards. For equipment with a current per unit fair market value of 
$5000 or more, the recipient may retain the equipment for other uses 
provided that compensation is made to the original Federal awarding 
agency or its successor. The amount of compensation shall be computed by 
applying the percentage of Federal participation in the cost of the 
original project or program to the current fair market value of the 
equipment. If the recipient has no need for the equipment, the recipient 
shall request disposition instructions from the Federal awarding agency. 
The Federal awarding agency shall determine whether the equipment can be 
used to meet the agency's requirements. If no requirement exists within 
that agency, the availability of the equipment shall be reported to the 
General Services Administration by the Federal awarding agency to 
determine whether a requirement for the equipment exists in other 
Federal agencies. The Federal awarding agency shall issue instructions 
to the recipient no later than 120 calendar days after the recipient's 
request and the following procedures shall govern.
    (1) If so instructed or if disposition instructions are not issued 
within 120 calendar days after the recipient's request, the recipient 
shall sell the equipment and reimburse the Federal awarding agency an 
amount computed by applying to the sales proceeds the percentage of 
Federal participation in the cost of the original project or program. 
However, the recipient shall be permitted to deduct and retain from the 
Federal share $500 or ten percent of the proceeds, whichever is less, 
for the recipient's selling and handling expenses.
    (2) If the recipient is instructed to ship the equipment elsewhere, 
the recipient shall be reimbursed by the Federal Government by an amount 
which is computed by applying the percentage of the recipient's 
participation in the cost of the original project or program to the 
current fair market value of the equipment, plus any reasonable shipping 
or interim storage costs incurred.
    (3) If the recipient is instructed to otherwise dispose of the 
equipment, the recipient shall be reimbursed by the Federal awarding 
agency for such costs incurred in its disposition.
    (4) The Federal awarding agency may reserve the right to transfer 
the title to the Federal Government or to a third party named by the 
Federal Government when such third party is otherwise eligible under 
existing statutes. Such transfer shall be subject to the following 
standards.
    (i) The equipment shall be appropriately identified in the award or 
otherwise made known to the recipient in writing.
    (ii) The Federal awarding agency shall issue disposition 
instructions within 120 calendar days after receipt of a final 
inventory. The final inventory shall list all equipment acquired with 
grant funds and federally-owned equipment. If the Federal awarding 
agency fails to issue disposition instructions within the 120 calendar 
day period, the recipient shall apply the standards of this section, as 
appropriate.
    (iii) When the Federal awarding agency exercises its right to take 
title, the equipment shall be subject to the provisions for federally-
owned equipment.



Sec.  105-72.405  Supplies and other expendable property.

    (a) Title to supplies and other expendable property shall vest in 
the recipient upon acquisition. If there is a residual inventory of 
unused supplies exceeding $5000 in total aggregate value upon 
termination or completion of the project or program and the supplies are 
not needed for any other federally-sponsored project or program, the 
recipient shall retain the supplies for use on non-Federal sponsored 
activities or sell them, but shall, in either case, compensate the 
Federal Government for its share. The amount of compensation shall be 
computed in the same manner as for equipment.
    (b) The recipient shall not use supplies acquired with Federal funds 
to provide services to non-Federal outside organizations for a fee that 
is less than

[[Page 620]]

private companies charge for equivalent services, unless specifically 
authorized by Federal statute as long as the Federal Government retains 
an interest in the supplies.



Sec.  105-72.406  Intangible property.

    (a) The recipient may copyright any work that is subject to 
copyright and was developed, or for which ownership was purchased, under 
an award. The Federal awarding agency(ies) reserve a royalty-free, 
nonexclusive and irrevocable right to reproduce, publish, or otherwise 
use the work for Federal purposes, and to authorize others to do so.
    (b) Recipients are subject to applicable regulations governing 
patents and inventions, including governmentwide regulations issued by 
the Department of Commerce at 37 CFR part 401, ``Rights to Inventions 
Made by Nonprofit Organizations and Small Business Firms Under 
Government Grants, Contracts and Cooperative Agreements.''
    (c) Unless waived by the Federal awarding agency, the Federal 
Government has the right to paragraph (c)(1) and (2) of this section.
    (1) Obtain, reproduce, publish or otherwise use the data first 
produced under an award.
    (2) Authorize others to receive, reproduce, publish, or otherwise 
use such data for Federal purposes.
    (d) Title to intangible property and debt instruments acquired under 
an award or subaward vests upon acquisition in the recipient. The 
recipient shall use that property for the originally-authorized purpose, 
and the recipient shall not encumber the property without approval of 
the Federal awarding agency. When no longer needed for the originally 
authorized purpose, disposition of the intangible property shall occur 
in accordance with the provisions of Sec.  105-72.404(g).



Sec.  105-72.407  Property trust relationship.

    Real property, equipment, intangible property and debt instruments 
that are acquired or improved with Federal funds shall be held in trust 
by the recipient as trustee for the beneficiaries of the project or 
program under which the property was acquired or improved. Agencies may 
require recipients to record liens or other appropriate notices of 
record to indicate that personal or real property has been acquired or 
improved with Federal funds and that use and disposition conditions 
apply to the property.



     Subpart 105	72.50_Post-Award Requirements/Procurement Standards



Sec.  105-72.500  Purpose of procurement standards.

    Sections 105-72.501 through 105-72.508 set forth standards for use 
by recipients in establishing procedures for the procurement of supplies 
and other expendable property, equipment, real property and other 
services with Federal funds. These standards are furnished to ensure 
that such materials and services are obtained in an effective manner and 
in compliance with the provisions of applicable Federal statutes and 
executive orders. No additional procurement standards or requirements 
shall be imposed by the Federal awarding agencies upon recipients, 
unless specifically required by Federal statute or executive order or 
approved by OMB.



Sec.  105-72.501  Recipient responsibilities.

    The standards contained in this section do not relieve the recipient 
of the contractual responsibilities arising under its contract(s). The 
recipient is the responsible authority, without recourse to the Federal 
awarding agency, regarding the settlement and satisfaction of all 
contractual and administrative issues arising out of procurements 
entered into in support of an award or other agreement. This includes 
disputes, claims, protests of award, source evaluation or other matters 
of a contractual nature. Matters concerning violation of statute are to 
be referred to such Federal, State or local authority as may have proper 
jurisdiction.



Sec.  105-72.502  Codes of conduct.

    The recipient shall maintain written standards of conduct governing 
the performance of its employees engaged in the award and administration 
of contracts. No employee, officer, or agent shall participate in the 
selection,

[[Page 621]]

award, or administration of a contract supported by Federal funds if a 
real or apparent conflict of interest would be involved. Such a conflict 
would arise when the employee, officer, or agent, any member of his or 
her immediate family, his or her partner, or an organization which 
employs or is about to employ any of the parties indicated herein, has a 
financial or other interest in the firm selected for an award. The 
officers, employees, and agents of the recipient shall neither solicit 
nor accept gratuities, favors, or anything of monetary value from 
contractors, or parties to subagreements. However, recipients may set 
standards for situations in which the financial interest is not 
substantial or the gift is an unsolicited item of nominal value. The 
standards of conduct shall provide for disciplinary actions to be 
applied for violations of such standards by officers, employees, or 
agents of the recipient.



Sec.  105-72.503  Competition.

    All procurement transactions shall be conducted in a manner to 
provide, to the maximum extent practical, open and free competition. The 
recipient shall be alert to organizational conflicts of interest as well 
as noncompetitive practices among contractors that may restrict or 
eliminate competition or otherwise restrain trade. In order to ensure 
objective contractor performance and eliminate unfair competitive 
advantage, contractors that develop or draft specifications, 
requirements, statements of work, invitations for bids and/or requests 
for proposals shall be excluded from competing for such procurements. 
Awards shall be made to the bidder or offeror whose bid or offer is 
responsive to the solicitation and is most advantageous to the 
recipient, price, quality and other factors considered. Solicitations 
shall clearly set forth all requirements that the bidder or offeror 
shall fulfill in order for the bid or offer to be evaluated by the 
recipient. Any and all bids or offers may be rejected when it is in the 
recipient's interest to do so.



Sec.  105-72.504  Procurement procedures.

    (a) All recipients shall establish written procurement procedures. 
These procedures shall provide for, at a minimum, that paragraphs 
(a)(1), (2) and (3) of this section apply.
    (1) Recipients avoid purchasing unnecessary items.
    (2) Where appropriate, an analysis is made of lease and purchase 
alternatives to determine which would be the most economical and 
practical procurement for the Federal Government.
    (3) Solicitations for goods and services provide for all of the 
following.
    (i) A clear and accurate description of the technical requirements 
for the material, product or service to be procured. In competitive 
procurements, such a description shall not contain features which unduly 
restrict competition.
    (ii) Requirements which the bidder/offeror must fulfill and all 
other factors to be used in evaluating bids or proposals.
    (iii) A description, whenever practicable, of technical requirements 
in terms of functions to be performed or performance required, including 
the range of acceptable characteristics or minimum acceptable standards.
    (iv) The specific features of ``brand name or equal'' descriptions 
that bidders are required to meet when such items are included in the 
solicitation.
    (v) The acceptance, to the extent practicable and economically 
feasible, of products and services dimensioned in the metric system of 
measurement.
    (vi) Preference, to the extent practicable and economically 
feasible, for products and services that conserve natural resources and 
protect the environment and are energy efficient.
    (b) Positive efforts shall be made by recipients to utilize small 
businesses, minority-owned firms, and women's business enterprises, 
whenever possible. Recipients of Federal awards shall take all of the 
following steps to further this goal.
    (1) Ensure that small businesses, minority-owned firms, and women's 
business enterprises are used to the fullest extent practicable.
    (2) Make information on forthcoming opportunities available and 
arrange timeframes for purchases and contracts to encourage and 
facilitate participation by small businesses, minority-

[[Page 622]]

owned firms, and women's business enterprises.
    (3) Consider in the contract process whether firms competing for 
larger contracts intend to subcontract with small businesses, minority-
owned firms, and women's business enterprises.
    (4) Encourage contracting with consortiums of small businesses, 
minority-owned firms and women's business enterprises when a contract is 
too large for one of these firms to handle individually.
    (5) Use the services and assistance, as appropriate, of such 
organizations as the Small Business Administration and the Department of 
Commerce's Minority Business Development Agency in the solicitation and 
utilization of small businesses, minority-owned firms and women's 
business enterprises.
    (c) The type of procuring instruments used (e.g., fixed price 
contracts, cost reimbursable contracts, purchase orders, and incentive 
contracts) shall be determined by the recipient but shall be appropriate 
for the particular procurement and for promoting the best interest of 
the program or project involved. The ``cost-plus-a-percentage-of-cost'' 
or ``percentage of construction cost'' methods of contracting shall not 
be used.
    (d) Contracts shall be made only with responsible contractors who 
possess the potential ability to perform successfully under the terms 
and conditions of the proposed procurement. Consideration shall be given 
to such matters as contractor integrity, record of past performance, 
financial and technical resources or accessibility to other necessary 
resources. In certain circumstances, contracts with certain parties are 
restricted by agencies' implementation of E.O.s 12549 and 12689, 
``Debarment and Suspension.''
    (e) Recipients shall, on request, make available for the Federal 
awarding agency, pre-award review and procurement documents, such as 
request for proposals or invitations for bids, independent cost 
estimates, etc., when any of the following conditions apply.
    (1) A recipient's procurement procedures or operation fails to 
comply with the procurement standards in the Federal awarding agency's 
implementation of this regulation.
    (2) The procurement is expected to exceed the small purchase 
threshold fixed at 41 U.S.C. 403 (11) (currently $25,000) and is to be 
awarded without competition or only one bid or offer is received in 
response to a solicitation.
    (3) The procurement, which is expected to exceed the small purchase 
threshold, specifies a ``brand name'' product.
    (4) The proposed award over the small purchase threshold is to be 
awarded to other than the apparent low bidder under a sealed bid 
procurement.
    (5) A proposed contract modification changes the scope of a contract 
or increases the contract amount by more than the amount of the small 
purchase threshold.



Sec.  105-72.505  Cost and price analysis.

    Some form of cost or price analysis shall be made and documented in 
the procurement files in connection with every procurement action. Price 
analysis may be accomplished in various ways, including the comparison 
of price quotations submitted, market prices and similar indicia, 
together with discounts. Cost analysis is the review and evaluation of 
each element of cost to determine reasonableness, allocability and 
allowability.



Sec.  105-72.506  Procurement records.

    Procurement records and files for purchases in excess of the small 
purchase threshold shall include the following at a minimum:
    (a) Basis for contractor selection,
    (b) Justification for lack of competition when competitive bids or 
offers are not obtained, and
    (c) Basis for award cost or price.



Sec.  105-72.507  Contract administration.

    A system for contract administration shall be maintained to ensure 
contractor conformance with the terms, conditions and specifications of 
the contract and to ensure adequate and timely follow up of all 
purchases. Recipients shall evaluate contractor performance and 
document, as appropriate, whether contractors have met

[[Page 623]]

the terms, conditions and specifications of the contract.



Sec.  105-72.508  Contract provisions.

    The recipient shall include, in addition to provisions to define a 
sound and complete agreement, the following provisions in all contracts. 
The following provisions shall also be applied to subcontracts.
    (a) Contracts in excess of the small purchase threshold shall 
contain contractual provisions or conditions that allow for 
administrative, contractual, or legal remedies in instances in which a 
contractor violates or breaches the contract terms, and provide for such 
remedial actions as may be appropriate.
    (b) All contracts in excess of the small purchase threshold shall 
contain suitable provisions for termination by the recipient, including 
the manner by which termination shall be effected and the basis for 
settlement. In addition, such contracts shall describe conditions under 
which the contract may be terminated for default as well as conditions 
where the contract may be terminated because of circumstances beyond the 
control of the contractor.
    (c) Except as otherwise required by statute, an award that requires 
the contracting (or subcontracting) for construction or facility 
improvements shall provide for the recipient to follow its own 
requirements relating to bid guarantees, performance bonds, and payment 
bonds unless the construction contract or subcontract exceeds $100,000. 
For those contracts or subcontracts exceeding $100,000, the Federal 
awarding agency may accept the bonding policy and requirements of the 
recipient, provided the Federal awarding agency has made a determination 
that the Federal Government's interest is adequately protected. If such 
a determination has not been made, the minimum requirements shall be as 
follows.
    (1) A bid guarantee from each bidder equivalent to five percent of 
the bid price. The ``bid guarantee'' shall consist of a firm commitment 
such as a bid bond, certified check, or other negotiable instrument 
accompanying a bid as assurance that the bidder shall, upon acceptance 
of his bid, execute such contractual documents as may be required within 
the time specified.
    (2) A performance bond on the part of the contractor for 100 percent 
of the contract price. A ``performance bond'' is one executed in 
connection with a contract to secure fulfillment of all the contractor's 
obligations under such contract.
    (3) A payment bond on the part of the contractor for 100 percent of 
the contract price. A ``payment bond'' is one executed in connection 
with a contract to assure payment as required by statute of all persons 
supplying labor and material in the execution of the work provided for 
in the contract.
    (4) Where bonds are required in the situations described herein, the 
bonds shall be obtained from companies holding certificates of authority 
as acceptable sureties pursuant to 31 CFR part 223, ``Surety Companies 
Doing Business with the United States.''
    (d) All negotiated contracts (except those for less than the small 
purchase threshold) awarded by recipients shall include a provision to 
the effect that the recipient, the Federal awarding agency, the 
Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access to any books, documents, 
papers and records of the contractor which are directly pertinent to a 
specific program for the purpose of making audits, examinations, 
excerpts and transcriptions.
    (e) All contracts, including small purchases, awarded by recipients 
and their contractors shall contain the procurement provisions of 
appendix A to this part, as applicable.



      Subpart 105	72.60_Post-Award Requirements/Reports and Records



Sec.  105-72.600  Purpose of reports and records.

    Sections 105-72.601 through 105-72.603 set forth the procedures for 
monitoring and reporting on the recipient's financial and program 
performance and the necessary standard reporting forms. They also set 
forth record retention requirements.

[[Page 624]]



Sec.  105-72.601  Monitoring and reporting program performance.

    (a) Recipients are responsible for managing and monitoring each 
project, program, subaward, function or activity supported by the award. 
Recipients shall monitor subawards to ensure subrecipients have met the 
audit requirements as delineated in Sec.  105-72.306.
    (b) The Federal awarding agency shall prescribe the frequency with 
which the performance reports shall be submitted. Except as provided in 
paragraph (f) of this section, performance reports shall not be required 
more frequently than quarterly or, less frequently than annually. Annual 
reports shall be due 90 calendar days after the grant year; quarterly or 
semiannual reports shall be due 30 days after the reporting period. The 
Federal awarding agency may require annual reports before the 
anniversary dates of multiple year awards in lieu of these requirements. 
The final performance reports are due 90 calendar days after the 
expiration or termination of the award.
    (c) If inappropriate, a final technical or performance report shall 
not be required after completion of the project.
    (d) When required, performance reports shall generally contain, for 
each award, brief information on each of the following.
    (1) A comparison of actual accomplishments with the goals and 
objectives established for the period, the findings of the investigator, 
or both. Whenever appropriate and the output of programs or projects can 
be readily quantified, such quantitative data should be related to cost 
data for computation of unit costs.
    (2) Reasons why established goals were not met, if appropriate.
    (3) Other pertinent information including, when appropriate, 
analysis and explanation of cost overruns or high unit costs.
    (e) Recipients shall not be required to submit more than the 
original and two copies of performance reports.
    (f) Recipients shall immediately notify the Federal awarding agency 
of developments that have a significant impact on the award-supported 
activities. Also, notification shall be given in the case of problems, 
delays, or adverse conditions which materially impair the ability to 
meet the objectives of the award. This notification shall include a 
statement of the action taken or contemplated, and any assistance needed 
to resolve the situation.
    (g) Federal awarding agencies may make site visits, as needed.
    (h) Federal awarding agencies shall comply with clearance 
requirements of 5 CFR part 1320 when requesting performance data from 
recipients.



Sec.  105-72.602  Financial reporting.

    (a) The following forms or such other forms as may be approved by 
OMB are authorized for obtaining financial information from recipients.
    (1) SF-269 or SF-269A, Financial Status Report. (i) Each Federal 
awarding agency shall require recipients to use the SF-269 or SF-269A to 
report the status of funds for all nonconstruction projects or programs. 
A Federal awarding agency may, however, have the option of not requiring 
the SF-269 or SF-269A when the SF-270, Request for Advance or 
Reimbursement, or SF-272, Report of Federal Cash Transactions, is 
determined to provide adequate information to meet its needs, except 
that a final SF-269 or SF-269A shall be required at the completion of 
the project when the SF-270 is used only for advances.
    (ii) The Federal awarding agency shall prescribe whether the report 
shall be on a cash or accrual basis. If the Federal awarding agency 
requires accrual information and the recipient's accounting records are 
not normally kept on the accrual basis, the recipient shall not be 
required to convert its accounting system, but shall develop such 
accrual information through best estimates based on an analysis of the 
documentation on hand.
    (iii) The Federal awarding agency shall determine the frequency of 
the Financial Status Report for each project or program, considering the 
size and complexity of the particular project or program. However, the 
report shall not be required more frequently than quarterly or less 
frequently than annually. A final report shall be required at the 
completion of the agreement.
    (iv) The Federal awarding agency shall require recipients to submit 
the

[[Page 625]]

SF-269 or SF-269A (an original and no more than two copies) no later 
than 30 days after the end of each specified reporting period for 
quarterly and semiannual reports, and 90 calendar days for annual and 
final reports. Extensions of reporting due dates may be approved by the 
Federal awarding agency upon request of the recipient.
    (2) SF-272, Report of Federal Cash Transactions. (i) When funds are 
advanced to recipients the Federal awarding agency shall require each 
recipient to submit the SF-272 and, when necessary, its continuation 
sheet, SF-272a. The Federal awarding agency shall use this report to 
monitor cash advanced to recipients and to obtain disbursement 
information for each agreement with the recipients.
    (ii) Federal awarding agencies may require forecasts of Federal cash 
requirements in the ``Remarks'' section of the report.
    (iii) When practical and deemed necessary, Federal awarding agencies 
may require recipients to report in the ``Remarks'' section the amount 
of cash advances received in excess of three days. Recipients shall 
provide short narrative explanations of actions taken to reduce the 
excess balances.
    (iv) Recipients shall be required to submit not more than the 
original and two copies of the SF-272, 15 calendar days following the 
end of each quarter. The Federal awarding agencies may require a monthly 
report from those recipients receiving advances totaling $1 million or 
more per year.
    (v) Federal awarding agencies may waive the requirement for 
submission of the SF-272 for any one of the following reasons:
    (A) When monthly advances do not exceed $25,000 per recipient, 
provided that such advances are monitored through other forms contained 
in this section;
    (B) If, in the Federal awarding agency's opinion, the recipient's 
accounting controls are adequate to minimize excessive Federal advances; 
or,
    (C) When the electronic payment mechanisms provide adequate data.
    (b) When the Federal awarding agency needs additional information or 
more frequent reports, the following shall be observed.
    (1) When additional information is needed to comply with legislative 
requirements, Federal awarding agencies shall issue instructions to 
require recipients to submit such information under the ``Remarks'' 
section of the reports.
    (2) When a Federal awarding agency determines that a recipient's 
accounting system does not meet the standards in Sec.  105-72.301, 
additional pertinent information to further monitor awards may be 
obtained upon written notice to the recipient until such time as the 
system is brought up to standard. The Federal awarding agency, in 
obtaining this information, shall comply with report clearance 
requirements of 5 CFR part 1320.
    (3) Federal awarding agencies are encouraged to shade out any line 
item on any report if not necessary.
    (4) Federal awarding agencies may accept the identical information 
from the recipients in machine readable format or computer printouts or 
electronic outputs in lieu of prescribed formats.
    (5) Federal awarding agencies may provide computer or electronic 
outputs to recipients when such expedites or contributes to the accuracy 
of reporting.



Sec.  105-72.603  Retention and access requirements for records.

    (a) This section sets forth requirements for record retention and 
access to records for awards to recipients. Federal awarding agencies 
shall not impose any other record retention or access requirements upon 
recipients.
    (b) Financial records, supporting documents, statistical records, 
and all other records pertinent to an award shall be retained for a 
period of three years from the date of submission of the final 
expenditure report or, for awards that are renewed quarterly or 
annually, from the date of the submission of the quarterly or annual 
financial report, as authorized by the Federal awarding agency. The only 
exceptions are the following.
    (1) If any litigation, claim, or audit is started before the 
expiration of the 3-year period, the records shall be retained until all 
litigation, claims or audit findings involving the records

[[Page 626]]

have been resolved and final action taken.
    (2) Records for real property and equipment acquired with Federal 
funds shall be retained for 3 years after final disposition.
    (3) When records are transferred to or maintained by the Federal 
awarding agency, the 3-year retention requirement is not applicable to 
the recipient.
    (4) Indirect cost rate proposals, cost allocations plans, etc., as 
specified in paragraph (g) of this section.
    (c) Copies of original records may be substituted for the original 
records if authorized by the Federal awarding agency.
    (d) The Federal awarding agency shall request transfer of certain 
records to its custody from recipients when it determines that the 
records possess long term retention value. However, in order to avoid 
duplicate recordkeeping, a Federal awarding agency may make arrangements 
for recipients to retain any records that are continuously needed for 
joint use.
    (e) The Federal awarding agency, the Inspector General, Comptroller 
General of the United States, or any of their duly authorized 
representatives, have the right of timely and unrestricted access to any 
books, documents, papers, or other records of recipients that are 
pertinent to the awards, in order to make audits, examinations, 
excerpts, transcripts and copies of such documents. This right also 
includes timely and reasonable access to a recipient's personnel for the 
purpose of interview and discussion related to such documents. The 
rights of access in this paragraph are not limited to the required 
retention period, but shall last as long as records are retained.
    (f) Unless required by statute, no Federal awarding agency shall 
place restrictions on recipients that limit public access to the records 
of recipients that are pertinent to an award, except when the Federal 
awarding agency can demonstrate that such records shall be kept 
confidential and would have been exempted from disclosure pursuant to 
the Freedom of Information Act (5 U.S.C. 552) if the records had 
belonged to the Federal awarding agency.
    (g) Indirect cost rate proposals, cost allocations plans, etc. 
Paragraphs (g)(1) and (g)(2) apply to the following types of documents, 
and their supporting records: indirect cost rate computations or 
proposals, cost allocation plans, and any similar accounting 
computations of the rate at which a particular group of costs is 
chargeable (such as computer usage chargeback rates or composite fringe 
benefit rates).
    (1) If submitted for negotiation. If the recipient submits to the 
Federal awarding agency or the subrecipient submits to the recipient the 
proposal, plan, or other computation to form the basis for negotiation 
of the rate, then the 3-year retention period for its supporting records 
starts on the date of such submission.
    (2) If not submitted for negotiation. If the recipient is not 
required to submit to the Federal awarding agency or the subrecipient is 
not required to submit to the recipient the proposal, plan, or other 
computation for negotiation purposes, then the 3-year retention period 
for the proposal, plan, or other computation and its supporting records 
starts at the end of the fiscal year (or other accounting period) 
covered by the proposal, plan, or other computation.



  Subpart 105	72.70_Post-Award Requirements/Termination and Enforcement



Sec.  105-72.700  Purpose of termination and enforcement.

    Section 105-72.701 and Sec.  105-72.702 set forth uniform 
suspension, termination and enforcement procedures.



Sec.  105-72.701  Termination.

    (a) Awards may be terminated in whole or in part only if paragraph 
(a)(1), (2) or (3) of this section apply.
    (1) By the Federal awarding agency, if a recipient materially fails 
to comply with the terms and conditions of an award.
    (2) By the Federal awarding agency with the consent of the 
recipient, in which case the two parties shall agree upon the 
termination conditions, including the effective date and, in the

[[Page 627]]

case of partial termination, the portion to be terminated.
    (3) By the recipient upon sending to the Federal awarding agency 
written notification setting forth the reasons for such termination, the 
effective date, and, in the case of partial termination, the portion to 
be terminated. However, if the Federal awarding agency determines in the 
case of partial termination that the reduced or modified portion of the 
grant will not accomplish the purposes for which the grant was made, it 
may terminate the grant in its entirety under either paragraphs (a) (1) 
or (2).
    (b) If costs are allowed under an award, the responsibilities of the 
recipient referred to in Sec.  105-72.801(a), including those for 
property management as applicable, shall be considered in the 
termination of the award, and provision shall be made for continuing 
responsibilities of the recipient after termination, as appropriate.



Sec.  105-72.702  Enforcement.

    (a) Remedies for noncompliance. If a recipient materially fails to 
comply with the terms and conditions of an award, whether stated in a 
Federal statute, regulation, assurance, application, or notice of award, 
the Federal awarding agency may, in addition to imposing any of the 
special conditions outlined in Sec.  105-72.204, take one or more of the 
following actions, as appropriate in the circumstances.
    (1) Temporarily withhold cash payments pending correction of the 
deficiency by the recipient or more severe enforcement action by the 
Federal awarding agency.
    (2) Disallow (that is, deny both use of funds and any applicable 
matching credit for) all or part of the cost of the activity or action 
not in compliance.
    (3) Wholly or partly suspend or terminate the current award.
    (4) Withhold further awards for the project or program.
    (5) Take other remedies that may be legally available.
    (b) Hearings and appeals. In taking an enforcement action, the 
awarding agency shall provide the recipient an opportunity for hearing, 
appeal, or other administrative proceeding to which the recipient is 
entitled under any statute or regulation applicable to the action 
involved.
    (c) Effects of suspension and termination. Costs of a recipient 
resulting from obligations incurred by the recipient during a suspension 
or after termination of an award are not allowable unless the awarding 
agency expressly authorizes them in the notice of suspension or 
termination or subsequently. Other recipient costs during suspension or 
after termination which are necessary and not reasonably avoidable are 
allowable if paragraph (c) (1) and (2) of this section apply.
    (1) The costs result from obligations which were properly incurred 
by the recipient before the effective date of suspension or termination, 
are not in anticipation of it, and in the case of a termination, are 
noncancellable.
    (2) The costs would be allowable if the award were not suspended or 
expired normally at the end of the funding period in which the 
termination takes effect.
    (d) Relationship to debarment and suspension. The enforcement 
remedies identified in this section, including suspension and 
termination, do not preclude a recipient from being subject to debarment 
and suspension under E.O.s 12549 and 12689 and the Federal awarding 
agency implementing regulations (see Sec.  105-72.203).



             Subpart 105	72.80_After-the-Award Requirements



Sec.  105-72.800  Purpose.

    Sections 105-72.801 through 105-72.803 contain closeout procedures 
and other procedures for subsequent disallowances and adjustments.



Sec.  105-72.801  Closeout procedures.

    (a) Recipients shall submit, within 90 calendar days after the date 
of completion of the award, all financial, performance, and other 
reports as required by the terms and conditions of the award. The 
Federal awarding agency may approve extensions when requested by the 
recipient.
    (b) Unless the Federal awarding agency authorizes an extension, a 
recipient shall liquidate all obligations incurred under the award not 
later than 90 calendar days after the funding period or

[[Page 628]]

the date of completion as specified in the terms and conditions of the 
award or in agency implementing instructions.
    (c) The Federal awarding agency shall make prompt payments to a 
recipient for allowable reimbursable costs under the award being closed 
out.
    (d) The recipient shall promptly refund any balances of unobligated 
cash that the Federal awarding agency has advanced or paid and that is 
not authorized to be retained by the recipient for use in other 
projects. OMB Circular A-129 governs unreturned amounts that become 
delinquent debts.
    (e) When authorized by the terms and conditions of the award, the 
Federal awarding agency shall make a settlement for any upward or 
downward adjustments to the Federal share of costs after closeout 
reports are received.
    (f) The recipient shall account for any real and personal property 
acquired with Federal funds or received from the Federal Government in 
accordance with Sec.  105-72.401 through Sec.  105-72.407.
    (g) In the event a final audit has not been performed prior to the 
closeout of an award, the Federal awarding agency shall retain the right 
to recover an appropriate amount after fully considering the 
recommendations on disallowed costs resulting from the final audit.



Sec.  105-72.802  Subsequent adjustments and continuing responsibilities.

    (a) The closeout of an award does not affect any of the following.
    (1) The right of the Federal awarding agency to disallow costs and 
recover funds on the basis of a later audit or other review.
    (2) The obligation of the recipient to return any funds due as a 
result of later refunds, corrections, or other transactions.
    (3) Audit requirements in Sec.  105-72.306.
    (4) Property management requirements in Sec. Sec.  105-72.401 
through 105-72.407.
    (5) Records retention as required in Sec.  105-72.603.
    (b) After closeout of an award, a relationship created under an 
award may be modified or ended in whole or in part with the consent of 
the Federal awarding agency and the recipient, provided the 
responsibilities of the recipient referred to in Sec.  105-72.803(a), 
including those for property management as applicable, are considered 
and provisions made for continuing responsibilities of the recipient, as 
appropriate.



Sec.  105-72.803  Collection of amounts due.

    (a) Any funds paid to a recipient in excess of the amount to which 
the recipient is finally determined to be entitled under the terms and 
conditions of the award constitute a debt to the Federal Government. If 
not paid within a reasonable period after the demand for payment, the 
Federal awarding agency may reduce the debt by paragraph (a) (1), (2) or 
(3) of this section.
    (1) Making an administrative offset against other requests for 
reimbursements.
    (2) Withholding advance payments otherwise due to the recipient.
    (3) Taking other action permitted by statute.
    (b) Except as otherwise provided by law, the Federal awarding agency 
shall charge interest on an overdue debt in accordance with 4 CFR 
Chapter II, Federal Claims Collection Standards.



           Sec. Appendix A to Part 105-72--Contract Provisions

    All contracts, awarded by a recipient including small purchases, 
shall contain the following provisions as applicable:
    1. Equal Employment Opportunity--All contracts shall contain a 
provision requiring compliance with E.O. 11246, ``Equal Employment 
Opportunity,'' as amended by E.O. 11375, ``Amending Executive Order 
11246 Relating to Equal Employment Opportunity,'' and as supplemented by 
regulations at 41 CFR part 60, ``Office of Federal Contract Compliance 
Programs, Equal Employment Opportunity, Department of Labor.''
    2. Copeland ``Anti-Kickback'' Act (18 U.S.C. 874 and 40 U.S.C. 
276c)--All contracts and subgrants in excess of $2000 for construction 
or repair awarded by recipients and subrecipients shall include a 
provision for compliance with the Copeland ``Anti-Kickback'' Act (18 
U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR 
part 3, ``Contractors and Subcontractors on Public Building or Public 
Work Financed in Whole or in Part by Loans or Grants from the United 
States''). The Act provides that each contractor or subrecipient shall 
be prohibited from inducing, by any means, any person employed in the 
construction, completion, or

[[Page 629]]

repair of public work, to give up any part of the compensation to which 
he is otherwise entitled. The recipient shall report all suspected or 
reported violations to the Federal awarding agency.
    3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)--When 
required by Federal program legislation, all construction contracts 
awarded by the recipients and subrecipients of more than $2000 shall 
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 
276a to a-7) and as supplemented by Department of Labor regulations (29 
CFR part 5, ``Labor Standards Provisions Applicable to Contracts 
Governing Federally Financed and Assisted Construction''). Under this 
Act, contractors shall be required to pay wages to laborers and 
mechanics at a rate not less than the minimum wages specified in a wage 
determination made by the Secretary of Labor. In addition, contractors 
shall be required to pay wages not less than once a week. The recipient 
shall place a copy of the current prevailing wage determination issued 
by the Department of Labor in each solicitation and the award of a 
contract shall be conditioned upon the acceptance of the wage 
determination. The recipient shall report all suspected or reported 
violations to the Federal awarding agency.
    4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
333)--Where applicable, all contracts awarded by recipients in excess of 
$2000 for construction contracts and in excess of $2500 for other 
contracts that involve the employment of mechanics or laborers shall 
include a provision for compliance with Sections 102 and 107 of the 
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as 
supplemented by Department of Labor regulations (29 CFR part 5). Under 
Section 102 of the Act, each contractor shall be required to compute the 
wages of every mechanic and laborer on the basis of a standard work week 
of 40 hours. Work in excess of the standard work week is permissible 
provided that the worker is compensated at a rate of not less than 1\1/
2\ times the basic rate of pay for all hours worked in excess of 40 
hours in the work week. Section 107 of the Act is applicable to 
construction work and provides that no laborer or mechanic shall be 
required to work in surroundings or under working conditions which are 
unsanitary, hazardous or dangerous. These requirements do not apply to 
the purchases of supplies or materials or articles ordinarily available 
on the open market, or contracts for transportation or transmission of 
intelligence.
    5. Rights to Inventions Made Under a Contract or Agreement--
Contracts or agreements for the performance of experimental, 
developmental, or research work shall provide for the rights of the 
Federal Government and the recipient in any resulting invention in 
accordance with 37 CFR part 401, ``Rights to Inventions Made by 
Nonprofit Organizations and Small Business Firms Under Government 
Grants, Contracts and Cooperative Agreements,'' and any implementing 
regulations issued by the awarding agency.
    6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), as amended--Contracts 
and subgrants of amounts in excess of $100,000 shall contain a provision 
that requires the recipient to agree to comply with all applicable 
standards, orders or regulations issued pursuant to the Clean Air Act 
(42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as 
amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the 
Federal awarding agency and the Regional Office of the Environmental 
Protection Agency (EPA).
    7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)--Contractors who 
apply or bid for an award of $100,000 or more shall file the required 
certification. Each tier certifies to the tier above that it will not 
and has not used Federal appropriated funds to pay any person or 
organization for influencing or attempting to influence an officer or 
employee of any agency, a member of Congress, officer or employee of 
Congress, or an employee of a member of Congress in connection with 
obtaining any Federal contract, grant or any other award covered by 31 
U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal 
funds that takes place in connection with obtaining any Federal award. 
Such disclosures are forwarded from tier to tier up to the recipient.
    8. Debarment and Suspension (E.O.s 12549 and 12689)--No contract 
shall be made to parties listed on the General Services Administration's 
List of Parties Excluded from Federal Procurement or Nonprocurement 
Programs in accordance with E.O.s 12549 and 12689, ``Debarment and 
Suspension.'' This list contains the names of parties debarred, 
suspended, or otherwise excluded by agencies, and contractors declared 
ineligible under statutory or regulatory authority other than E.O. 
12549. Contractors with awards that exceed the small purchase threshold 
shall provide the required certification regarding its exclusion status 
and that of its principal employees.



PART 105	74_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)--Table of Contents



                     Subpart A_Purpose and Coverage

Sec.
105-74.100 What does this part do?
105-74.105 Does this part apply to me?
105-74.110 Are any of my Federal assistance awards exempt from this 
          part?

[[Page 630]]

105-74.115 Does this part affect the Federal contracts that I receive?

      Subpart B_Requirements for Recipients Other Than Individuals

105-74.200 What must I do to comply with this part?
105-74.205 What must I include in my drug-free workplace statement?
105-74.210 To whom must I distribute my drug-free workplace statement?
105-74.215 What must I include in my drug-free awareness program?
105-74.220 By when must I publish my drug-free workplace statement and 
          establish my drug-free awareness program?
105-74.225 What actions must I take concerning employees who are 
          convicted of drug violations in the workplace?
105-74.230 How and when must I identify workplaces?

        Subpart C_Requirements for Recipients Who Are Individuals

105-74.300 What must I do to comply with this part if I am an individual 
          recipient?
105-74.301 [Reserved]

          Subpart D_Responsibilities of GSA Awarding Officials

105-74.400 What are my responsibilities as a GSA awarding official?

           Subpart E_Violations of This Part and Consequences

105-74.500 How are violations of this part determined for recipients 
          other than individuals?
105-74.505 How are violations of this part determined for recipients who 
          are individuals?
105-74.510 What actions will the Federal Government take against a 
          recipient determined to have violated this part?
105-74.515 Are there any exceptions to those actions?

                          Subpart F_Definitions

105-74.605 Award.
105-74.610 Controlled substance.
105-74.615 Conviction.
105-74.620 Cooperative agreement.
105-74.625 Criminal drug statute.
105-74.630 Debarment.
105-74.635 Drug-free workplace.
105-74.640 Employee.
105-74.645 Federal agency or agency.
105-74.650 Grant.
105-74.655 Individual.
105-74.660 Recipient.
105-74.665 State.
105-74.670 Suspension.

    Authority: 41 U.S.C. 701 et seq.

    Source: 68 FR 66627, 66628, Nov. 26, 2003, unless otherwise noted.



                     Subpart A_Purpose and Coverage



Sec.  105-74.100  What does this part do?

    This part carries out the portion of the Drug-Free Workplace Act of 
1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also 
applies the provisions of the Act to cooperative agreements and other 
financial assistance awards, as a matter of Federal Government policy.



Sec.  105-74.105  Does this part apply to me?

    (a) Portions of this part apply to you if you are either--
    (1) A recipient of an assistance award from the General Services 
Administration; or
    (2) A(n) GSA awarding official. (See definitions of award and 
recipient in Sec. Sec.  105-74.605 and 105-74.660, respectively.)
    (b) The following table shows the subparts that apply to you:

------------------------------------------------------------------------
             If you are . . .                    see subparts . . .
------------------------------------------------------------------------
(1) A recipient who is not an individual..  A, B and E.
(2) A recipient who is an individual......  A, C and E.
(3) A(n) GSA awarding official............  A, D and E.
------------------------------------------------------------------------



Sec.  105-74.110  Are any of my Federal assistance awards exempt
from this part?

    This part does not apply to any award that the Administrator of 
General Services determines that the application of this part would be 
inconsistent with the international obligations of the United States or 
the laws or regulations of a foreign government.



Sec.  105-74.115  Does this part affect the Federal contracts that 
I receive?

    It will affect future contract awards indirectly if you are debarred 
or suspended for a violation of the requirements of this part, as 
described in Sec.  105-74. 510(c). However, this part does not apply 
directly to procurement contracts. The portion of the Drug-Free 
Workplace Act of 1988 that applies to

[[Page 631]]

Federal procurement contracts is carried out through the Federal 
Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal 
Regulations (the drug-free workplace coverage currently is in 48 CFR 
part 23, subpart 23.5).



      Subpart B_Requirements for Recipients Other Than Individuals



Sec.  105-74.200  What must I do to comply with this part?

    There are two general requirements if you are a recipient other than 
an individual.
    (a) First, you must make a good faith effort, on a continuing basis, 
to maintain a drug-free workplace. You must agree to do so as a 
condition for receiving any award covered by this part. The specific 
measures that you must take in this regard are described in more detail 
in subsequent sections of this subpart. Briefly, those measures are to--
    (1) Publish a drug-free workplace statement and establish a drug-
free awareness program for your employees (see Sec. Sec.  105-74.205 
through 105-74.220); and
    (2) Take actions concerning employees who are convicted of violating 
drug statutes in the workplace (see Sec.  105-74.225).
    (b) Second, you must identify all known workplaces under your 
Federal awards (see Sec.  105-74.230).



Sec.  105-74.205  What must I include in my drug-free workplace 
statement?

    You must publish a statement that--
    (a) Tells your employees that the unlawful manufacture, 
distribution, dispensing, possession, or use of a controlled substance 
is prohibited in your workplace;
    (b) Specifies the actions that you will take against employees for 
violating that prohibition; and
    (c) Lets each employee know that, as a condition of employment under 
any award, he or she:
    (1) Will abide by the terms of the statement; and
    (2) Must notify you in writing if he or she is convicted for a 
violation of a criminal drug statute occurring in the workplace and must 
do so no more than five calendar days after the conviction.



Sec.  105-74.210  To whom must I distribute my drug-free workplace 
statement?

    You must require that a copy of the statement described in Sec.  
105-74.205 be given to each employee who will be engaged in the 
performance of any Federal award.



Sec.  105-74.215  What must I include in my drug-free awareness program?

    You must establish an ongoing drug-free awareness program to inform 
employees about--
    (a) The dangers of drug abuse in the workplace;
    (b) Your policy of maintaining a drug-free workplace;
    (c) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (d) The penalties that you may impose upon them for drug abuse 
violations occurring in the workplace.



Sec.  105-74.220  By when must I publish my drug-free workplace statement
and establish my drug-free awareness program?

    If you are a new recipient that does not already have a policy 
statement as described in Sec.  105-74.205 and an ongoing awareness 
program as described in Sec.  105-74.215, you must publish the statement 
and establish the program by the time given in the following table:

------------------------------------------------------------------------
                If . . .                          then you . . .
------------------------------------------------------------------------
(a) The performance period of the award  must have the policy statement
 is less than 30 days.                    and program in place as soon
                                          as possible, but before the
                                          date on which performance is
                                          expected to be completed.
(b) The performance period of the award  must have the policy statement
 is 30 days or more.                      and program in place within 30
                                          days after award.
(c) You believe there are extraordinary  may ask the GSA awarding
 circumstances that will require more     official to give you more time
 than 30 days for you to publish the      to do so. The amount of
 policy statement and establish the       additional time, if any, to be
 awareness program.                       given is at the discretion of
                                          the awarding official.
------------------------------------------------------------------------


[[Page 632]]



Sec.  105-74.225  What actions must I take concerning employees who 
are convicted of drug violations in the workplace?

    There are two actions you must take if an employee is convicted of a 
drug violation in the workplace:
    (a) First, you must notify Federal agencies if an employee who is 
engaged in the performance of an award informs you about a conviction, 
as required by Sec.  105-74.205(c)(2), or you otherwise learn of the 
conviction. Your notification to the Federal agencies must--
    (1) Be in writing;
    (2) Include the employee's position title;
    (3) Include the identification number(s) of each affected award;
    (4) Be sent within ten calendar days after you learn of the 
conviction; and
    (5) Be sent to every Federal agency on whose award the convicted 
employee was working. It must be sent to every awarding official or his 
or her official designee, unless the Federal agency has specified a 
central point for the receipt of the notices.
    (b) Second, within 30 calendar days of learning about an employee's 
conviction, you must either_
    (1) Take appropriate personnel action against the employee, up to 
and including termination, consistent with the requirements of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or
    (2) Require the employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for these purposes 
by a Federal, State or local health, law enforcement, or other 
appropriate agency.



Sec.  105-74.230  How and when must I identify workplaces?

    (a) You must identify all known workplaces under each GSA award. A 
failure to do so is a violation of your drug-free workplace 
requirements. You may identify the workplaces_
    (1) To the GSA official that is making the award, either at the time 
of application or upon award; or
    (2) In documents that you keep on file in your offices during the 
performance of the award, in which case you must make the information 
available for inspection upon request by GSA officials or their 
designated representatives.
    (b) Your workplace identification for an award must include the 
actual address of buildings (or parts of buildings) or other sites where 
work under the award takes place. Categorical descriptions may be used 
(e.g., all vehicles of a mass transit authority or State highway 
department while in operation, State employees in each local 
unemployment office, performers in concert halls or radio studios).
    (c) If you identified workplaces to the GSA awarding official at the 
time of application or award, as described in paragraph (a)(1) of this 
section, and any workplace that you identified changes during the 
performance of the award, you must inform the GSA awarding official.



        Subpart C_Requirements for Recipients Who Are Individuals



Sec.  105-74.300  What must I do to comply with this part if I am
an individual recipient?

    As a condition of receiving a(n) GSA award, if you are an individual 
recipient, you must agree that--
    (a) You will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in conducting 
any activity related to the award; and
    (b) If you are convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any award activity, you will 
report the conviction:
    (1) In writing.
    (2) Within 10 calendar days of the conviction.
    (3) To the GSA awarding official or other designee for each award 
that you currently have, unless Sec.  105-74.301 or the award document 
designates a central point for the receipt of the notices. When notice 
is made to a central point, it must include the identification number(s) 
of each affected award.

[[Page 633]]



Sec.  105-74.301  [Reserved]



          Subpart D_Responsibilities of GSA Awarding Officials



Sec.  105-74.400  What are my responsibilities as a(n) GSA awarding 
official?

    As a(n) GSA awarding official, you must obtain each recipient's 
agreement, as a condition of the award, to comply with the requirements 
in--
    (a) Subpart B of this part, if the recipient is not an individual; 
or
    (b) Subpart C of this part, if the recipient is an individual.



           Subpart E_Violations of this Part and Consequences



Sec.  105-74.500  How are violations of this part determined for
recipients other than individuals?

    A recipient other than an individual is in violation of the 
requirements of this part if the Administrator of General Services 
determines, in writing, that--
    (a) The recipient has violated the requirements of subpart B of this 
part; or
    (b) The number of convictions of the recipient's employees for 
violating criminal drug statutes in the workplace is large enough to 
indicate that the recipient has failed to make a good faith effort to 
provide a drug-free workplace.



Sec.  105-74.505  How are violations of this part determined for
recipients who are individuals?

    An individual recipient is in violation of the requirements of this 
part if the Administrator of General Services determines, in writing, 
that--
    (a) The recipient has violated the requirements of subpart C of this 
part; or
    (b) The recipient is convicted of a criminal drug offense resulting 
from a violation occurring during the conduct of any award activity.



Sec.  105-74.510  What actions will the Federal Government take against
a recipient determined to have violated this part?

    If a recipient is determined to have violated this part, as 
described in Sec.  105-74.500 or Sec.  105-74.505, the General Services 
Administration may take one or more of the following actions--
    (a) Suspension of payments under the award;
    (b) Suspension or termination of the award; and
    (c) Suspension or debarment of the recipient under 41 CFR part 105-
68, for a period not to exceed five years.

[68 FR 66627, 66628, Nov. 26, 2003]



Sec.  105-74.515  Are there any exceptions to those actions?

    The Administrator of General Services may waive with respect to a 
particular award, in writing, a suspension of payments under an award, 
suspension or termination of an award, or suspension or debarment of a 
recipient if the Administrator of General Services determines that such 
a waiver would be in the public interest. This exception authority 
cannot be delegated to any other official.



                          Subpart F_Definitions



Sec.  105-74.605  Award.

    Award means an award of financial assistance by the General Services 
Administration or other Federal agency directly to a recipient.
    (a) The term award includes:
    (1) A Federal grant or cooperative agreement, in the form of money 
or property in lieu of money.
    (2) A block grant or a grant in an entitlement program, whether or 
not the grant is exempted from coverage under the Governmentwide rule 41 
CFR part 105-71 that implements OMB Circular A-102 (for availability, 
see 5 CFR 1310.3) and specifies uniform administrative requirements.
    (b) The term award does not include:
    (1) Technical assistance that provides services instead of money.
    (2) Loans.
    (3) Loan guarantees.
    (4) Interest subsidies.
    (5) Insurance.
    (6) Direct appropriations.
    (7) Veterans' benefits to individuals (i.e., any benefit to 
veterans, their families, or survivors by virtue of the service of a 
veteran in the Armed Forces of the United States).

[68 FR 66627, 66628, Nov. 26, 2003]

[[Page 634]]



Sec.  105-74.610  Controlled substance.

    Controlled substance means a controlled substance in schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812), and as 
further defined by regulation at 21 CFR 1308.11 through 1308.15.



Sec.  105-74.615  Conviction.

    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes.



Sec.  105-74.620  Cooperative agreement.

    Cooperative agreement means an award of financial assistance that, 
consistent with 31 U.S.C. 6305, is used to enter into the same kind of 
relationship as a grant (see definition of grant in Sec.  105-74.650), 
except that substantial involvement is expected between the Federal 
agency and the recipient when carrying out the activity contemplated by 
the award. The term does not include cooperative research and 
development agreements as defined in 15 U.S.C. 3710a.



Sec.  105-74.625  Criminal drug statute.

    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance.



Sec.  105-74.630  Debarment.

    Debarment means an action taken by a Federal agency to prohibit a 
recipient from participating in Federal Government procurement contracts 
and covered nonprocurement transactions. A recipient so prohibited is 
debarred, in accordance with the Federal Acquisition Regulation for 
procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, 
Government-wide Debarment and Suspension (Nonprocurement), that 
implements Executive Order 12549 and Executive Order 12689.



Sec.  105-74.635  Drug-free workplace.

    Drug-free workplace means a site for the performance of work done in 
connection with a specific award at which employees of the recipient are 
prohibited from engaging in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance.



Sec.  105-74.640  Employee.

    (a) Employee means the employee of a recipient directly engaged in 
the performance of work under the award, including--
    (1) All direct charge employees;
    (2) All indirect charge employees, unless their impact or 
involvement in the performance of work under the award is insignificant 
to the performance of the award; and
    (3) Temporary personnel and consultants who are directly engaged in 
the performance of work under the award and who are on the recipient's 
payroll.
    (b) This definition does not include workers not on the payroll of 
the recipient (e.g., volunteers, even if used to meet a matching 
requirement; consultants or independent contractors not on the payroll; 
or employees of subrecipients or subcontractors in covered workplaces).



Sec.  105-74.645  Federal agency or agency.

    Federal agency or agency means any United States executive 
department, military department, government corporation, government 
controlled corporation, any other establishment in the executive branch 
(including the Executive Office of the President), or any independent 
regulatory agency.



Sec.  105-74.650  Grant.

    Grant means an award of financial assistance that, consistent with 
31 U.S.C. 6304, is used to enter into a relationship--
    (a) The principal purpose of which is to transfer a thing of value 
to the recipient to carry out a public purpose of support or stimulation 
authorized by a law of the United States, rather than to acquire 
property or services for the Federal Government's direct benefit or use; 
and
    (b) In which substantial involvement is not expected between the 
Federal agency and the recipient when carrying out the activity 
contemplated by the award.

[[Page 635]]



Sec.  105-74.655  Individual.

    Individual means a natural person.



Sec.  105-74.660  Recipient.

    Recipient means any individual, corporation, partnership, 
association, unit of government (except a Federal agency) or legal 
entity, however organized, that receives an award directly from a 
Federal agency.



Sec.  105-74.665  State.

    State means any of the States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, or any territory or 
possession of the United States.



Sec.  105-74.670  Suspension.

    Suspension means an action taken by a Federal agency that 
immediately prohibits a recipient from participating in Federal 
Government procurement contracts and covered nonprocurement transactions 
for a temporary period, pending completion of an investigation and any 
judicial or administrative proceedings that may ensue. A recipient so 
prohibited is suspended, in accordance with the Federal Acquisition 
Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and 
the common rule, Government-wide Debarment and Suspension 
(Nonprocurement), that implements Executive Order 12549 and Executive 
Order 12689. Suspension of a recipient is a distinct and separate action 
from suspension of an award or suspension of payments under an award.

[[Page 637]]



    CHAPTER 109--DEPARTMENT OF ENERGY PROPERTY MANAGEMENT REGULATIONS




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

                          SUBCHAPTER A--GENERAL
Part                                                                Page
109-1           Introduction................................         639
109-6           Miscellaneous regulations...................         652
109-25          General.....................................         654
109-26          Procurement sources and program.............         654
109-27          Inventory management........................         656
109-28          Storage and distribution....................         659
109-30          Federal catalog system......................         661
109-38          Motor equipment management..................         662
109-39          Interagency fleet management systems........         670
109-40          Transportation and traffic management.......         671
                       SUBCHAPTERS B-G [RESERVED]
                 SUBCHAPTER H--UTILIZATION AND DISPOSAL
109-42          Utilization and disposal of hazardous 
                    materials and certain categories of 
                    property................................         676
109-43          Utilization of personal property............         677
109-44          Donation of personal property...............         680
109-45          Sale, abandonment, or destruction of 
                    personal property.......................         680
109-46          Utilization and disposal of personal 
                    property pursuant to exchange/sale 
                    authority...............................         687
109-48          Utilization, donation, or disposal of 
                    abandoned and forfeited personal 
                    property................................         687
109-50          Special DOE disposal authorities............         688

[[Page 639]]



                          SUBCHAPTER A_GENERAL





PART 109	1_INTRODUCTION--Table of Contents



                    Subpart 109	1.1_Regulation System

Sec.
109-1.100-50 Scope of subpart.
109-1.100-51 Definitions and acronyms.
109-1.101 Federal Property Management Regulations/Federal Management 
          Regulation System.
109-1.101-50 DOE-PMR System.
109.1.102 Federal Property Management Regulations/Federal Management 
          Regulation.
109-1.102-50 DOE-PMRs.
109-1.103 FPMR/FMR temporary regulations.
109-1.103-50 DOE-PMR temporary policies and bulletins.
109-1.104 Publication and distribution of FPMR/FMR.
109-1.104-50 Publication and distribution of DOE-PMR.
109-1.106 Applicability of FPMR/FMR.
109-1.106-50 Applicability of FPMR/FMR and DOE-PMR.
109-1.107-50 Consultation regarding DOE- PMR.
109-1.108 Agency implementation and supplementation of FPMR/FMR.
109-1.110-50 Deviation procedures.

          Subpart 109	1.50_Personal Property Management Program

109-1.5000 Scope of subpart.
109-1.5001 Policy.
109-1.5002 Personal property management program objectives.

  Subpart 109	1.51_Personal Property Management Standards and Practices

109-1.5100 Scope of subpart.
109-1.5101 Official use of personal property.
109-1.5102 Maximum use of personal property.
109-1.5103 Loan of personal property.
109-1.5105 Identification marking of personal property.
109-1.5106 Segregation of personal property.
109-1.5107 Physical protection of personal property.
109-1.5108 Personal property records requirements.
109-1.5108-1 Equipment.
109-1.5108-3 Stores inventories.
109-1.5108-4 Precious metals.
109-1.5108-5 Administratively controlled items.
109-1.5110 Physical inventories of personal property.
109-1.5112 Loss, damage, or destruction of personal property in 
          possession of DOE direct operations.
109-1.5113 Loss, damage, or destruction of personal property in 
          possession of designated contractors.
109-1.5114 Use of non-Government-owned property.
109-1.5148 Personal property management reports.

  Subpart 109	1.52_Personal Property Management Program for Designated 
                               Contractors

109-1.5200 Scope of subpart.
109-1.5201 Policy.
109-1.5202 Establishment of a personal property holdings baseline.
109-1.5203 Management of subcontractor-held personal property.
109-1.5204 Review and approval of a designated contractor's personal 
          property management system.
109-1.5205 Personal property management system changes.

       Subpart 109	1.53_Management of High Risk Personal Property

109-1.5300 Scope of subpart.
109-1.5301 Applicability.
109-1.5302 Policies.
109-1.5303 Procedures.
109-1.5304 Deviations.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



                    Subpart 109	1.1_Regulation System



Sec.  109-1.100-50  Scope of subpart.

    This subpart sets forth the Department of Energy (DOE) Property 
Management Regulations (DOE-PMR) which establish uniform DOE property 
management policies, regulations, and procedures that implement and 
supplement the Federal Property Management Regulations/Federal 
Management Regulation. Property management statutory authorities that 
are unique to the Department (e.g., section 161g of the Atomic Energy 
Act of 1954 (42 U.S.C. 2201(g)) and section 3155 of the National Defense 
Authorization Act for Fiscal Year 1994 (42 U.S.C. 72741)) are not 
addressed in these regulations.

[[Page 640]]



Sec.  109-1.100-51  Definitions and acronyms.

    (a) Definitions. As used in this chapter, the terms personal 
property and property are synonymous. In addition, the following 
definitions apply:
    Accountable Personal Property includes nonexpendable personal 
property whose expected useful life is two years or longer and whose 
acquisition value, as determined by the agency, warrants tracking in the 
agency's property records, including capitalized and sensitive personal 
property. 41 CFR 102-35.20.
    Administratively controlled items means personal property controlled 
at the discretion of individual DOE offices, but for which there is no 
DOE requirement to maintain formal records.
    Cannibalization means to remove serviceable parts from one item of 
equipment in order to install them on another item of equipment (48 CFR 
Subpart 45.101).
    Capitalized Personal Property includes property that is entered on 
the agency's general ledger records as a major investment or asset. An 
agency must determine its capitalization thresholds as discussed in 
Financial Accounting Standard Advisory Board (FASAB) Statement of 
Federal Financial Accounting Standards No. 6, 41 CFR 102-35.20; DOE 
Financial Management Handbook.
    Controlled Unclassified Information (CUI) means the Unclassified 
information that is controlled within DOE because its release could 
cause damage. CUI within DOE encompasses Official Use Only (OUO) and 
Unclassified Nuclear Information (UCNI). OUO includes information such 
as Personally Identifiable Information, Export Controlled Information, 
proprietary information, and other information not covered by other DOE 
directives. CUI is governed by Executive Order 13556 and is a developing 
Government-wide policy, Controlled Unclassified Information, which will 
mandate uniform standards for the control of unclassified information 
within the Government.
    Designated contractors means those on-site DOE contractors to which 
the DOE-PMR is made applicable when included as a contractual 
requirement. The contractors to which these regulations may be made 
applicable include management and operating (M&O) contractors, 
environmental management, and other major prime contractors located at 
DOE sites.
    Direct operations means operations conducted by DOE personnel.
    Disposal means the process of reutilizing, transferring, donating, 
selling, abandoning, destroying, or other disposition of Government-
owned personal property.
    Dual-Use List means nuclear-related material, equipment, and related 
technology as described in the Nuclear Suppliers Group Dual-Use List as 
published in International Atomic Energy Agency Information Circular 
(INFCIRC) 254 Part 2 and as implemented by the Department of Commerce in 
the U.S. Export Administration Regulations (15 CFR part 774).
    Equipment means a tangible asset that is functionally complete for 
its intended purpose, durable, nonexpendable, and needed for the 
performance of a contract. Equipment is not intended for sale, and does 
not ordinarily lose its identity or become a component part of another 
article when put into use (48 CFR Subpart 45.101).
    Especially designed or prepared property means equipment and 
material designed or prepared especially for use in the nuclear fuel 
cycle and described in the Nuclear Suppliers Group Trigger List as 
published in International Atomic Energy Agency INFCIRC 254 Part 1 and 
as implemented by the Nuclear Regulatory Commission in 10 CFR part 110.
    Excess Property means property that is no longer required to carry 
out the Department of Energy's needs, but for purposes of this 
regulation, such property has not been reported to the General Services 
Administration as excess property under 41 CFR 102-36.35.
    Export controlled information means unclassified U.S. Government 
information under DOE cognizance that, if proposed for export by the 
private sector, would require a U.S. Department of Commerce or U.S. 
Department of State validated license, or a DOE authorization for 
export, and which, if given uncontrolled release, could reasonably be

[[Page 641]]

expected to adversely affect U.S. national security or nuclear 
nonproliferation objectives.
    Export controlled property means property the export of which is 
subject to licensing by the U.S. Department of Commerce, the U.S. 
Department of State, the U.S. Nuclear Regulatory Commission, or 
authorized by the U.S. Department of Energy.
    Hazardous personal property means property that is deemed a 
hazardous material, chemical substance or mixture, or hazardous waste 
under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C. 
5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 
6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-
2609). 41 CFR 102-36.40.
    High risk personal property means property that, because of its 
potential impact on public health and safety, the environment, national 
security interests, or proliferation concerns, must be controlled, and 
disposed of in other than the routine manner. The categories of high 
risk property are automatic data processing equipment, especially 
designed or prepared property, export controlled information, export 
controlled property, hazardous property, nuclear weapon components or 
weapon-like components, proliferation sensitive property, radioactive 
property, special nuclear material, and unclassified controlled nuclear 
information.
    Information Technology. (i) With respect to an executive agency 
means any equipment or interconnected system or subsystem of equipment, 
used in the automatic acquisition, storage, analysis, evaluation, 
manipulation, management, movement, control, display, switching, 
interchange, transmission, or reception of data or information by the 
executive agency, if the equipment is used by the executive agency 
directly or is used by a contractor under a contract with the executive 
agency that requires the use--
    (A) Of that equipment; or
    (B) Of that equipment to a significant extent in the performance of 
a service or the furnishing of a product;
    (ii) Includes computers, ancillary equipment (including imaging 
peripherals, input, output, and storage devices necessary for security 
and surveillance), peripheral equipment designed to be controlled by the 
central processing unit of a computer, software, firmware and similar 
procedures, services (including support services), and related 
resources; but
    (iii) Does not include any equipment acquired by a federal 
contractor incidental to a federal contract. 40 U.S.C. 11101.
    Munitions List Items (MLIs) are commodities (usually defense 
articles/defense services) listed in the International Traffic in Arms 
Regulation (22 CFR part 121), published by the U.S. Department of State. 
41 CFR 102-36.40.
    Nuclear weapon component or weapon-like component means parts of 
whole war reserve nuclear weapon systems, joint test assemblies, 
trainers, or test devices, including associated testing, maintenance, 
and handling equipment; or items that simulate such parts.
    Organizational Property Management Officers means establish and 
administer personal property management programs within their 
organizations consistent with applicable laws, regulations, practices, 
and standards.
    Personal property means any property, except real property. For 
purposes of this part, the term excludes records of the Federal 
Government, and naval vessels of the following categories: Battleships, 
cruisers, aircraft carriers, destroyers, and submarines. 102-36.40.
    Program Secretarial Officer (PSO) Assistant Secretaries/Program 
Element Heads.
    Proliferation-sensitive property means nuclear-related or dual-use 
equipment, material, or technology as described in the Nuclear Suppliers 
Group Trigger List and Dual-Use List, or equipment, material or 
technology used in the research, design, development, testing, or 
production of nuclear or other weapons.
    Property Administrator means an authorized representative of the 
contracting officer appointed in accordance with agency procedures, 
responsible for administering the contract requirements and obligations 
relating to Government property in the possession of a contractor FAR 
45-101.

[[Page 642]]

    Property management means the system of acquiring, maintaining, 
using and disposing of the personal property of an organization or 
entity. 102-35.20.
    Radioactive property means any item or material that is contaminated 
with radioactivity and which emits ionizing radiation in excess of 
background radiation as measured by appropriate instrumentation.
    Sensitive Personal Property includes all items, regardless of value, 
that require special control and accountability due to unusual rates of 
loss, theft or misuse, or due to national security or export control 
considerations. Such property includes weapons, ammunition, explosives, 
information technology equipment with memory capability, cameras, and 
communications equipment. These classifications do not preclude agencies 
from specifying additional personal property classifications to 
effectively manage their programs. 41 CFR 102-35.20.
    Spare equipment/property means items held as replacement spares for 
equipment in current use in DOE program.
    Special nuclear material means plutonium, uranium 233, uranium 
enriched in the isotope 233 or 235, any other materials which the 
Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, 
as amended, determines to be special nuclear material, or any material 
artificially enriched by any of the foregoing, but does not include 
source material.
    Trigger List means nuclear material, equipment, and related 
technology as described in International Atomic Energy Agency in INFCIRC 
254, Part 1 and as implemented by the Nuclear Regulatory Commission in 
10 CFR part 110.
    Unclassified controlled nuclear information means U.S. Government 
information pertaining to atomic energy defense activities as defined in 
section 148 of the Atomic Energy Act. Such information can relate to 
aspects of nuclear weapons design, development, testing, physical 
security, production, or utilization facilities. 10 CFR part 1017.
    (b) Acronyms. As used in this chapter, the following acronyms apply:

    CFR: Code of Federal Regulations
    CSC: Customer Supply Center
    CUI: Controlled Unclassified Information
    DEAR: Department of Energy Acquisition Regulation
    DOD: Department of Defense
    DOE: Department of Energy
    DOE-PMR: Department of Energy Property Management Regulations
    DPMO: Departmental Property Management Officer
    ECCN: Export Control Classification Number
    ECI: Export Controlled Information
    EHFFP: Equipment Held For Future Projects
    EOQ: Economic Order Quantity
    FAR: Federal Acquisition Regulation
    FPMR/FMR: Federal Property Management Regulations/Federal Management 
Regulation
    FSC: Federal Supply Classification
    FSCG: Federal Supply Classification Group
    GAO: General Accounting Office
    GSA: General Services Administration
    GVWR: Gross Vehicle Weight Rating
    INFCIRC: International Atomic Energy Agency Information Circular
    IFMS: Interagency Fleet Management System
    IT: Information Technology
    LEDP: Laboratory Equipment Donation Program
    M&O: Management and Operating
    MCTL: Military Critical Technologies List
    OPMO: Organizational Property Management Officer
    OPSEC: Operations Security
    PA: Property Administrator
    PSO: Program Secretarial Officer (PSO)
    SNM: Special Nuclear Material
    UCNI: Unclassified Controlled Nuclear Information
    U.S.C.: United States Code



Sec.  109-1.101  Federal Property Management Regulations/Federal Management
Regulation System.



Sec.  109-1.101-50  DOE-PMR System.

    The DOE-PMR system described in this subpart is established to 
provide uniform personal property management policies, standards, and 
practices within the Department.



Sec.  109-1.102  Federal Property Management Regulations/Federal Management 
Regulation.



Sec.  109-1.102-50  DOE-PMRs.

    The DOE-PMRs (41 CFR Ch. 109) implements and supplements the FPMR/
FMR (41 CFR Ch. 101) issued by the General Services Administration 
(GSA), Public Laws, Executive Orders,

[[Page 643]]

Office of Management and Budget directives, and other agency issuances 
affecting the Department's personal property management program.



Sec.  109-1.103  FPMR/FMR temporary regulations.



Sec.  109-1.103-50  DOE-PMR temporary policies and bulletins.

    (a) Subject to applicable procedural requirements in 41 U.S.C. 1707, 
42 U.S.C 7191 and 5 U.S.C 553, Personal Property Letters are authorized 
for publication of temporary policies that should not be codified in the 
Code of Federal Regulations (CFR).
    (b) DOE-PMR Bulletins are used to disseminate information concerning 
personal property management matters not affecting policy or to clarify 
instructions in actions required by the FPMR/FMR or DOE-PMR.



Sec.  109-1.104  Publication and distribution of FPMR/FMR.



Sec.  109-1.104-50  Publication and distribution of DOE-PMR.

    The DOE-PMR will be published in the Federal Register and will 
appear in the CFR as Chapter 109 of Title 41, Public Contracts and 
Property Management. Written publications of the DOE-PMR will be 
distributed to DOE offices.



Sec.  109-1.106  Applicability of FPMR/FMR.



Sec.  109-1.106-50  Applicability of FPMR/FMR and DOE-PMR.

    (a) The FPMR/FMR and DOE-PMR apply to all direct operations.
    (b) The DOE-PMR does not apply to facilities and activities 
conducted under Executive Order 12344 (Naval Nuclear Propulsion Program) 
and Public Law 98-525.
    (c) Unless otherwise provided in the appropriate part or subpart, 
the FPMR/FMR and DOE-PMR apply to designated contractors.
    (d) The Procurement Executive or head of a contracting activity may 
designate contractors other than designated contractors to which the 
FPMR/FMR and DOE-PMR apply.
    (e) Program Secretarial Officers and other DOE elements are 
responsible to identify the contracts that involve the life-cycle 
management of personal property assets. The respective program's Head of 
Contracting Activity is responsible to issue direction to Contracting 
Officers to incorporate any and all applicable requirements of the FPMR/
FMR and DOE-PMR and any supplemental Program Office guidance into 
contracts identified with life-cycle management of personal property.
    (f) Principal authority and responsibility for the administration of 
DOE personal property in the custody of its contractors rest with the 
responsible Contracting Officer.
    (g) The FPMR/FMR and DOE-PMR shall be used by contracting officers 
in the administration of applicable contracts, and in the review, 
approval, or appraisal of such contractor operations.
    (h) Regulations for the management of Government property in the 
possession of other DOE contractors are contained in the Federal 
Acquisition Regulation (FAR), 48 CFR part 45, and in the DOE Acquisition 
Regulation (DEAR), 48 CFR part 945.
    (i) Regulations for the management of personal property held by 
financial assistance recipients are contained in the DOE Financial 
Assistance Rules (10 CFR part 600) 2 CFR parts 200 and 910 and DOE Order 
534.1, Accounting.



Sec.  109-1.107-50  Consultation regarding DOE-PMR.

    (a) The DOE-PMR shall be fully coordinated with all Departmental 
elements substantively concerned with the subject matter.
    (b) The accountable Under Secretary is responsible for 
implementation of the DOE PMR through their respective DOE elements.
    (c) Program Secretarial Officers and DOE elements with 
responsibility for personal property, as delegated by their cognizant 
Under Secretary, may develop program management plans and issue internal 
program office guidance that is aligned to the requirements in the DOE-
PMR and as explicitly authorized by their Under Secretary.
    (d) Heads of Contracting Activity designates Organizational Property

[[Page 644]]

Management Officers (OPMO) to establish and administer personal property 
management programs within their organizations.
    (e) Contracting Officers designates Property Administrators (PA) as 
authorized representatives responsible performing delegated contract 
administration functions for contract and financial assistance 
requirements relating to Government personal property.
    (f) The Office of Management is responsible for Agency-level 
management of the contract property program and provides policy and 
management assistance in support of the policy implementation effort. 
The Office of Management designates an Agency Property Executive to 
serve as National Utilization Officer responsible for promoting 
acquisition and utilization of excess personal property and for 
establishing policies, standards, and guidance in accordance with 
applicable laws, regulations and sound personal property management 
practices and standards.



Sec.  109-1.108  Agency implementation and supplementation of FPMR/FMR.

    (a) The DOE-PMR includes basic and significant Departmental personal 
property management policies and standards which implement, supplement, 
or deviate from the FPMR/FMR. In the absence of any DOE-PMR issuance, 
the basic FPMR/FMR material shall govern.
    (b) The DOE-PMR shall be consistent with the FPMR/FMR and shall not 
duplicate or paraphrase the FPMR/FMR material.
    (c) Implementing procedures, instructions, and guides which are 
necessary to clarify or to implement the DOE-PMR may be issued by 
Headquarters or field organizations, provided that the implementing 
procedures, instructions and guides:
    (1) Are consistent with the policies and procedures contained in 
this regulation;
    (2) To the extent practicable, follow the format, arrangement, and 
numbering system of this regulation; and
    (3) Contain no material which duplicates, paraphrases, or is 
inconsistent with the contents of this regulation.



Sec.  109-1.110-50  Deviation procedures.

    (a) Each request for deviation shall contain the following:
    (1) A statement of the deviation desired, including identification 
of the specific paragraph number(s) of the DOE-PMR;
    (2) The reason why the deviation is considered necessary or would be 
in the best interest of the Government;
    (3) If applicable, the name of the contractor and identification of 
the contractor affected;
    (4) A statement as to whether the deviation has been requested 
previously and, if so, circumstances of the previous request;
    (5) A description of the intended effect of the deviation;
    (6) A statement of the period of time for which the deviation is 
needed; and
    (7) Any pertinent background information which will contribute to a 
full understanding of the desired deviation.
    (b)(1) Requests for deviations from applicable portions of the FPMR/
FMR and DOE-PMR (except aviation related portions) shall be forwarded 
with supporting documentation by the Organizational Property Management 
Officer (OPMO) to the Office of Management.
    (2) Requests for deviations from aviation related portions of the 
FPMR/FMR and DOE-PMR concerning aviation operations shall be forwarded 
by the OPMO or on-site DOE Aviation Management Officer with supporting 
documentation to the DOE Senior Aviation Management Official.
    (c) The accountable Under Secretary is authorized to approve 
documented program-specific or location-specific exemptions, exclusions, 
and/or deviations from requirements of the DOE PMR based on mission 
needs, efficiency, and/or efficacy of execution without disregarding 
federal laws and regulations.
    (d) Requests for deviations from the FPMR/FMR will be coordinated 
with GSA by the Office of Management.



          Subpart 109	1.50_Personal Property Management Program



Sec.  109-1.5000  Scope of subpart.

    This subpart supplements the FPMR/FMR, states DOE personal property

[[Page 645]]

management policy and program objectives, and prescribes authorities and 
responsibilities for the conduct of an efficient personal property 
management program in DOE.



Sec.  109-1.5001  Policy.

    It is DOE policy that a program for the management of personal 
property shall be established and maintained to meet program needs. 
Personal property shall be managed efficiently, in accordance with 
Federal statutes and regulations, and in alignment with mission needs. 
Personal property must be managed in a safe and secure manor and ensure 
personal property assets are available to support efficient mission 
execution. Commercial practices may be used (i.e., industry leading 
practices, voluntary consensus standards) that are necessary, 
appropriate, and provide effective and efficient Government property 
management, except where those practices are inconsistent with law, 
regulation or otherwise impractical.



Sec.  109-1.5002  Personal property management program objectives.

    The objectives of the DOE personal property management program are 
to provide:
    (a) A system for efficiently managing personal property in the 
custody or possession of DOE organizations and designated contractors; 
and
    (b) Uniform principles, policies, and standards for efficient 
management of personal property that are sufficiently broad in scope and 
flexible in nature to facilitate adaptation to local needs and various 
kinds of operations.



  Subpart 109	1.51_Personal Property Management Standards and Practices



Sec.  109-1.5100  Scope of subpart.

    This subpart provides guidance on DOE standards and practices to be 
applied in the management of personal property.



Sec.  109-1.5101  Official use of personal property.

    Personal property shall be used only in the performance of official 
work of the United States Government, except:
    (a) In emergencies threatening loss of life or property as 
authorized by law;
    (b) As otherwise authorized by law and approved by the Office of 
Management; Program Secretarial Officer (PSO) for their respective 
organizations; or a contracting officer for contractor-held property.



Sec.  109-1.5102  Maximum use of personal property.

    Personal property management practices shall assure the best 
possible use of personal property. Supplies and equipment shall be 
generally limited to those items essential for carrying out the programs 
of DOE efficiently.



Sec.  109-1.5103  Loan of personal property.

    (a) Personal property which is not excess and would otherwise be out 
of service for temporary periods may be loaned to other DOE offices and 
contractors, other Federal agencies, and to others for official 
purposes. The loan request shall be in writing, stating the purpose of 
the loan and period of time required. The loan shall be executed on DOE 
Form 4420.2, Personal Property Loan Agreement when approved in writing 
by the OPMO or on-site DOE property administrator. When approved, a 
memorandum transmitting the loan agreement shall be prepared identifying 
the loan period, delivery time, method of payment and transportation, 
and point of delivery and return, to ensure proper control and protect 
DOE's interest. The domestic loan period shall not exceed one year, but 
may be renewed in one year increments. Second renewals of loan 
agreements shall be reviewed and justified at a level of management at 
least two levels above that of the individual making the determination 
to loan the property. Third renewals shall be approved by the head of 
the field organization or designee.
    (b) Requests for loans to foreign Governments and other foreign 
organizations shall be submitted to the Office of International Affairs 
for approval, with a copy to the cognizant Headquarters program office.

[[Page 646]]



Sec.  109-1.5105  Identification marking of personal property.

    (a) Personal property shall be marked ``U.S. Government property'' 
or ``U.S. DOE'') subject to the criteria below. The markings shall be 
securely affixed to the property, legible, and conspicuous. Examples of 
appropriate marking media are bar code labels, decals, and stamping.
    (b) Personal property which by its nature cannot be marked, such as 
stores items, metal stock, etc., is exempted from this requirement.
    (c) To the extent practicable and economical, markings shall be 
removed prior to disposal outside of DOE. 41 CFR 102-35.30.



Sec.  109-1.5106  Segregation of personal property.

    Generally, contractor-owned personal property shall be segregated 
from Government personal property. Commingling of Government and 
contractor-owned personal property may be allowed only when:
    (a) The segregation of the property would materially hinder the 
progress of the work (i.e., segregation is not feasible for reasons such 
as small quantities, lack of space, or increased costs); and
    (b) Control procedures are adequate (i.e., the Government property 
is specifically marked or otherwise identified as Government property).



Sec.  109-1.5107  Physical protection of personal property.

    Controls such as property pass systems, memorandum records, regular 
or intermittent gate checks, and/or perimeter fencing shall be 
established as appropriate to prevent loss, theft, or unauthorized 
removal of property from the premises on which such personal property is 
located.



Sec.  109-1.5108  Personal property records requirements.

    The contractor's property control records shall provide the 
following information for every accountable item of Government personal 
property in the contractor's possession and any other data elements 
required by specific contract provisions:
    (a) Contract number or equivalent code designation.
    (b) Asset type.
    (c) Description of item (name, serial number, national stock number 
(if available)).
    (d) Property control number (Government ownership identity).
    (e) Unit acquisition cost (including delivery and installation cost, 
when appropriate, and unit of measure).
    (f) Acquisition document reference and date.
    (g) Manufacturer's name, model and serial number.
    (h) Quantity received, fabricated, issued or on hand.
    (i) Location (physical area)
    (j) Custodian name and organization code.
    (k) Use status (active, storage, excess, etc.)
    (l) High risk designation.
    (m) Disposition document reference and date.



Sec.  109-1.5108-1  Equipment.

    An individual property record will be developed and maintained for 
each item of equipment.



Sec.  109-1.5108-3  Stores inventories.

    Perpetual inventory records are to be maintained for stores 
inventory items.



Sec.  109-1.5108-4  Precious metals.

    Perpetual inventory records are to be maintained for precious 
metals.



Sec.  109-1.5108-5  Administratively controlled items.

    No formal property management records are required to be maintained 
for this category of personal property, which includes such items as 
those controlled for calibration or maintenance purposes, contaminated 
property, tool crib items, and equipment pool items. Various control 
records can be employed to help safeguard this property against waste 
and abuse, including purchase vs. use information, tool crib check-outs, 
loss and theft reports, calibration records, disposal records, and other 
similar records. Control techniques would include physical security, 
custodial responsibility, identification/marking, or other locally 
established control techniques.

[[Page 647]]



Sec.  109-1.5110  Physical inventories of personal property.

    (a) Physical inventories of those categories of personal property as 
specified in paragraph (g) of this section shall be conducted at all DOE 
and designated contractor locations.
    (b) Physical inventories shall be performed by the use of personnel 
other than custodians of the property. Where staffing restraints or 
other considerations apply, the inventory may be performed by the 
custodian with verification by a second party.
    (c) Detailed procedures for the taking of physical inventories shall 
be developed for each DOE office and designated contractor. The OPMO/PA 
shall review and approve the DOE office and contractor procedures.
    (d) The conduct of a physical inventory will be observed, or follow-
on audits made, by independent representatives, e.g., finance, audit, or 
property personnel, to the extent deemed necessary to assure that 
approved procedures are being followed and results are accurate. These 
observations or audits shall be documented and the documentation 
retained in the inventory record file.
    (e) The DOE capitalization threshold for items acquired prior to 
October 1, 2011 is $50,000. For items acquired on or after October 1, 
2011, the threshold is $500,000.
    (f) Procedures that are limited to a check-off of a listing of 
recorded property without actual verification of the location and 
existence of such property do not meet the requirements of a physical 
inventory.
    (g) The frequency of physical inventories of personal property shall 
be as follows:
    (1) Equipment--biennial 98%. Inventory accuracy.
    (2) Sensitive items--annual 100%. Inventory accuracy.
    (3) Stores inventories--annual.
    (4) Precious metals--annual 100% Inventory accuracy.
    (5) HRPP--annual 100% Inventory accuracy.
    (6) All other accountable property every three years 98% Inventory 
accuracy.
    (7) Administratively controlled items--There is no formal Department 
requirement for the performance of physical inventories of this 
property. However, OPMOs/PA's determines inventory requirements based on 
management needs.
    (h) Physical inventories shall be performed at intervals more 
frequently than required when experience at any given location or with 
any given item or items indicates that this action is necessary for 
effective property accounting, utilization, or control as directed by 
OPMO/PA.
    (i) Physical inventories of equipment may be conducted by the 
``inventory by exception'' method. The system and procedures for taking 
physical inventories by this method must be fully documented and 
approved in writing by the OPMO/PA.
    (j) The results of physical inventories shall be reconciled with the 
property records, and with applicable financial control accounts.
    (k) The results of physical inventories shall be reported to the 
OPMO/PA.
    (l) Physical inventories of equipment and stores inventories may be 
conducted using statistical sampling methods in lieu of the normal wall-
to-wall method. The sampling methods employed must be statistically 
valid and approved in writing by the OPMO. If use of the statistical 
methods of physical inventory does not produce acceptable results, the 
wall-to-wall method shall be used to complete the inventories.



Sec.  109-1.5112  Loss, damage, or destruction of personal property in
possession of DOE direct operations.

    DOE offices shall establish procedures to provide for the reporting, 
documentation, and investigation of instances of loss, damage, or 
destruction of personal property including:
    (a) Notification to appropriate DOE organizations and law 
enforcement offices;
    (b) Determination of cause or origin;
    (c) Liability and responsibility for repair or replacement; and
    (d) Actions taken to prevent further loss, damage, or destruction, 
and to prevent repetition of similar incidents.

[[Page 648]]



Sec.  109-1.5113  Loss, damage, or destruction of personal property in
possession of designated contractors.

    (a) Designated contractors shall report any loss, damage, or 
destruction of personal property in its possession or control, including 
property in the possession or control of subcontractors, to the property 
administrator as soon as it becomes known.
    (b) When physical inventories, consumption analyses, or other 
actions disclose consumption of property considered unreasonable by the 
property administrator; or loss, damage, or destruction of personal 
property not previously reported by the contractor, the property 
administrator shall require the contractor to investigate the incidents 
and submit written reports.
    (c) Reports of physical inventory results and identified 
discrepancies shall be submitted to the property administrator within 90 
days of completion of physical inventories. An acceptable percentage of 
shrinkage for stores inventories shall be determined by the property 
administrator on a location-by-location basis, based on type and cost of 
materials, historical data, and other site-specific factors. This 
determination shall be in writing and be supported by appropriate 
documentation.
    (d) The contractor's report referenced above shall contain factual 
data as to the circumstances surrounding the loss, damage, destruction 
or excessive consumption, including:
    (1) The contractor's name and contract number;
    (2) A description of the property;
    (3) Cost of the property, and cost of repairs in instances of damage 
(in event actual cost is not known, use reasonable estimate);
    (4) The date, time (if pertinent), and cause or origin; and
    (5) Actions taken by the contractor to prevent further loss, damage, 
destruction, or unreasonable consumption, and to prevent repetition of 
similar incidents.
    (e) The property administrator shall ensure that the corrective 
actions taken by the contractor under paragraph (d)(5) of this section 
satisfactorily address system weaknesses.
    (f) The contracting officer shall make a determination of contractor 
liability with a copy of the determination furnished to the contractor 
and the property administrator. Costs may be assessed against a 
contractor for physical inventory discrepancies or other instances of 
loss of Government property within the terms of the contract. Credit 
should only be applied if specific items reported as lost can be 
uniquely identified. General physical inventory write-ons are not to be 
used as a credit.
    (g) If part of a designated contractor's personal property 
management system is found to be unsatisfactory, the property 
administrator shall increase surveillance of that part to prevent, to 
the extent possible, any loss, damage, destruction or unreasonable 
consumption of personal property. The property administrator shall give 
special attention to reasonably ensuring that any loss, damage, 
destruction or unreasonable consumption occurring during a period when a 
contractor's personal property management system is not approved is 
identified before approval or reinstatement of approval.



Sec.  109-1.5114  Use of non-Government-owned property.

    Non-Government-owned personal property shall not be installed in, 
affixed to, or otherwise made a part of any Government-owned personal 
property when such action will adversely affect the operation or 
condition of the Government property.



Sec.  109-1.5148  Personal property management reports.

    Annual personal property reports as required by 41 CFR 102 35.25 and 
internal DOE personal property reports must be submitted to the Office 
of Management at a date determined by the Property Executive.



  Subpart 109	1.52_Personal Property Management Program for Designated 
                               Contractors



Sec.  109-1.5200  Scope of subpart.

    This subpart prescribes policy and responsibilities for the 
establishment, maintenance, and appraisal of designated contractors' 
programs for the management of personal property.

[[Page 649]]



Sec.  109-1.5201  Policy.

    (a) Designated contractors shall establish, implement, and maintain 
a system that provides for an efficient personal property management 
program. The system shall be consistent with the terms of the contract; 
prescribed policies, procedures, regulations, statutes, and 
instructions; and directions from the contracting officer.
    (b) Designated contractors' personal property management systems 
shall not be considered acceptable until reviewed and approved in 
writing by the cognizant DOE contracting office in accordance with Sec.  
109-1.5205 of this subpart.
    (c) Designated contractors shall maintain their personal property 
management systems in writing. Revisions to the systems shall be 
approved in writing by the cognizant DOE contracting office in 
accordance with Sec.  109-1.5205 of this subpart.
    (d) Designated contractors shall include their personal property 
management system in their management surveillance or internal review 
program in order to identify weaknesses and functions requiring 
corrective action.
    (e) Designated contractors are responsible and accountable for all 
Government personal property in the possession of subcontractors, and 
shall include appropriate provisions in their subcontracts and property 
management systems to assure that subcontractors establish and maintain 
efficient systems for the management of Government personal property in 
their possession in accordance with Sec.  109-1.5204 of this subpart.



Sec.  109-1.5202  Establishment of a personal property holdings baseline.

    (a) If the contractor is a new designated contractor, the contractor 
may accept the previous contractor's personal property records as a 
baseline or may perform a complete physical inventory of all personal 
property. This physical inventory is to be performed within the time 
period specified by the contracting officer or the contract, but no 
later than one year after the execution date of the contract. If the 
physical inventory is not accomplished within the allotted time frame, 
the previous contractor's records will be considered as the baseline.
    (b) If any required physical inventories have not been accomplished 
within the time periods prescribed in Sec.  109-1.5110(f) of this part, 
the new contractor shall either perform such physical inventories within 
120 days of contract renegotiation, or accept the existing property 
records as the baseline.



Sec.  109-1.5203  Management of subcontractor-held personal property.

    Designated contractors shall require those subcontractors provided 
Government-owned personal property to establish and maintain a system 
for the management of such property. As a minimum, a subcontractor's 
personal property management system shall provide for the following:
    (a) Adequate records.
    (b) Controls over acquisitions.
    (c) Identification as Government-owned personal property.
    (d) Physical inventories.
    (e) Proper care, maintenance, and protection.
    (f) Controls over personal property requiring special handling 
(i.e., nuclear-related, proliferation-sensitive, hazardous, or 
contaminated property).
    (g) Reporting, redistribution, and disposal of excess and surplus 
personal property.
    (h) Accounting for personal property that is lost, damaged, 
destroyed, stolen, abandoned, or worn out.
    (i) Periodic reports, including physical inventory results and total 
acquisition cost of Government property.
    (j) An internal surveillance program, including periodic reviews, to 
ensure that personal property is being managed in accordance with 
established procedures.



Sec.  109-1.5204  Review and approval of a designated contractor's 
personal property management system.

    (a) An initial review of a designated contractor's personal property 
management system shall be performed by the property administrator 
within one year after the execution date of the contract, except for 
contract extensions or renewals or when an existing contractor has been 
awarded a follow-on contract. The purpose of the review is

[[Page 650]]

to determine whether the contractor's system provides adequate 
protection, maintenance, utilization, and disposition of personal 
property, and reasonable assurance that the Department's personal 
property is safeguarded against waste, loss, unauthorized use, or 
misappropriation, in accordance with applicable statutes, regulations, 
contract terms and conditions, programmatic needs, and good business 
practices. If circumstances preclude completion of the initial review 
within the ``within one year'' initial review requirement, the property 
administrator shall request a deviation from the requirement in 
accordance with the provisions of Sec.  109-1.110-50 of this part.
    (b) If a designated contractor is the successor to a previous 
designated contractor and the contract award was based in part on the 
contractor's proposal to overhaul the existing personal property 
management system(s), the ``within one year'' initial review requirement 
may be extended based on:
    (1) The scope of the overhaul; and
    (2) An analysis of the cost to implement the overhaul within a year 
versus a proposed extended period.
    (c) When an existing contract has been extended or renewed, or the 
designated contractor has been awarded a follow-on contract, an initial 
review of the contractor's personal property management system is not 
required. In such cases, the established appraisal schedule will 
continue to be followed as prescribed in paragraph (d) of this section.
    (d) At a minimum of every three years after the date of approval of 
a designated contractor's property management system, the OPMO/PA shall 
make an appraisal of the personal property management operation of the 
contractor. The purpose of the appraisal is to determine if the 
contractor is managing personal property in accordance with its 
previously approved system and procedures, and to establish whether such 
procedures are efficient. The appraisal may be based on a formal 
comprehensive appraisal or a series of formal appraisals of the 
functional segments of the contractor's operation.
    (e) A designated contractor's property management system shall be 
approved, conditionally approved, or disapproved in writing by the head 
of the field organization with advice of the contracting officer, 
property administrator, OPMO, legal counsel, and appropriate program 
officials. Approval authority may be redelegated to the contracting 
officer or OPMO/PA. Conditional approval and disapproval authority 
cannot be redelegated. When a system is conditionally approved or 
disapproved, the property administrator or contracting officer shall 
advise the contractor, in writing, of deficiencies that need to be 
corrected, and a time schedule established for completion of corrective 
actions.
    (f) Appropriate follow-up will be made by the property administrator 
to ensure that corrective actions have been initiated and completed.
    (g) When a determination has been made by the property administrator 
that all major system deficiencies identified in the review or appraisal 
have been corrected, the head of the field organization shall withdraw 
the conditional approval or disapproval, and approve the system with the 
concurrence of the OPMO/PA. The approval shall be in writing and 
addressed to appropriate contractor management.
    (h) The property administrator shall maintain a copy of all 
designated contractor personal property management system appraisals and 
approvals in such manner as to be readily available to investigative and 
external review teams.



Sec.  109-1.5205  Personal property management system changes.

    Any proposed significant change to a designated contractor's 
approved personal property management system shall be reviewed by the 
property administrator at the earliest possible time. Such changes 
should then be approved in writing on an interim basis, or disapproved 
in writing, by the property administrator as appropriate.



       Subpart 109	1.53_Management of High Risk Personal Property



Sec.  109-1.5300  Scope of subpart.

    (a) This subpart provides identification, accounting, control, and 
disposal

[[Page 651]]

policy guidance for the following categories of high risk personal 
property: Especially designed or prepared property, export controlled 
property, nuclear weapon components or weapon-like components, and 
proliferation sensitive property. The guidance is intended to ensure 
that the disposition of these categories of high risk personal property 
does not adversely affect the national security or nuclear 
nonproliferation objectives of the United States.
    (b) The other categories of high risk personal property are 
controlled by other life cycle management programs and procedures 
monitored by other Departmental elements.



Sec.  109-1.5301  Applicability.

    This subpart is applicable to all DOE organizations which purchase, 
manage or dispose of Government personal property, or contract for the 
management of Government facilities, programs, or related services, 
which may directly or indirectly require the purchase, management, or 
disposal of Government-owned personal property. Using the high-risk 
personal property control requirements in this subpart as guidance, 
Program Secretarial Officer (PSO) or OPMOs/PAs shall ensure that 
designated contractors and financial assistance recipients are 
responsible for developing a cost effective high-risk property 
management system, covering all operational responsibilities enumerated 
in this subpart.



Sec.  109-1.5302  Policies.

    (a) It is the responsibility of DOE organizations and designated 
contractors to manage and control Government-owned high risk personal 
property in an efficient manner. High-risk personal property will be 
managed throughout its life cycle so as to protect public and DOE 
personnel safety and to advance the national security and the nuclear 
nonproliferation objectives of the U.S. Government.
    (b) The disposition of high risk property is subject to special 
considerations. Items of high risk property may present significant 
risks to the national security and nuclear nonproliferation objectives 
of the Government which must be evaluated. Organizations will identify 
high risk property and control its disposition to eliminate or mitigate 
such risks. In no case shall property be transferred or disposed unless 
it receives a high risk assessment and is handled accordingly.



Sec.  109-1.5303  Procedures.

    (a) Identification, marking and control. To ensure the appropriate 
treatment of property at its disposal and to prevent inadvertent, 
uncontrolled release of high risk property, property should be assessed 
and evaluated as high risk property as early in its life cycle as 
practical.
    (1) Newly acquired high risk personal property shall be identified 
and tracked during the acquisition process and marked upon receipt.
    (2) All personal property shall be reviewed for high risk 
identification, marking, and database entry during regularly scheduled 
physical inventories, unless access to the property is difficult or 
impractical because the property is a component of a larger assembly, a 
complex operating system, or an older facility. The review of this 
property will be completed, prior to disposition, when replacing 
components or when operating systems and facilities are decommissioned 
and dismantling.
    (3) High risk personal property which by its nature cannot be 
marked, such as stores items and metal stock, is exempt from this 
requirement. However, personal property management programs should 
contain documentation on the characterization of this property as high 
risk.
    (b) Disposition of high risk property. (1) Prior to disposition, all 
personal property, materials or data will be assessed to determine:
    (i) Whether it should be characterized as high risk, and
    (ii) What actions are necessary to ensure compliance with applicable 
national security or nonproliferation controls.
    (2) The DOE or designated contractor property management 
organization may not process high risk personal property into a 
reutilization/disposal program without performing the reviews prescribed 
by the local high risk

[[Page 652]]

property management system. The reviews must be properly documented, and 
all appropriate certifications and clearances received, in accordance 
with the approved site or facility personal property management program.
    (3) The disposition (including demilitarization of items on the 
Munitions List) and handling of high risk personal property are subject 
to applicable provisions of subchapter H of the FPMR/FMR, subchapter H 
of this chapter, and the DOE Guidelines on Export Control and 
Nonproliferation.
    (4) All applicable documentation, including records concerning the 
property's categorization as high risk, shall be included as part of the 
property transfer. The documentation shall be included with all 
transfers within, or external to, DOE.
    (5) Unless an alternative disposition option appears to be in the 
best interest of the Government, surplus Trigger List components, 
equipment, and materials and nuclear weapon components shall either be 
sold for scrap after being rendered useless for their originally 
intended purpose or destroyed, with the destruction verified and 
documented. Requests for approval of an alternative disposition may be 
made through the cognizant Assistant Secretary to the Director of the 
Office of Nonproliferation and National Security.
    (6) The following Export Restriction Notice, or approved equivalent 
notice, shall be included in all transfers, sales, or other offerings:

                        Export Restriction Notice

    The use, disposition, export and re-export of this property are 
subject to all applicable U.S. laws and regulations, including the 
Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 
U.S.C. 2751 et seq.); the Export Administration Act of 1979 as continued 
under the International Emergency Economic Powers Act (Title II of Pub. 
L. 95-223, 91 Stat. 1626, October 28, 1977); Trading with the Enemy Act 
(50 U.S.C. 4305) as amended by the Foreign Assistance Act of 1961); 
Assistance to Foreign Atomic Energy Activities (10 CFR part 810); Export 
and Import of Nuclear Equipment and Material (10 CFR part 110); 
International Traffic in Arms Regulations (22 CFR parts 120 et seq.); 
Export Administration Regulations (15 CFR part 730 et seq.);.); and the 
Espionage Act (37 U.S.C. 791 et seq.) which among other things, 
prohibit:
    a. The making of false statements and concealment of any material 
information regarding the use or disposition, export or re-export of the 
property; and
    b. Any use or disposition, export or re-export of the property which 
is not authorized in accordance with the provisions of this agreement.



Sec.  109-1.5304  Deviations.

    (a) Life cycle control determinations. When the PSO approves a 
contractor program containing controls, other than life cycle control 
consistent with this subpart, the decision shall be justified in writing 
and a copy sent to the Office of Management. A PSO's decision not to 
provide life-cycle control should take into account:
    (1) The nature and extent of high risk property typically purchased 
or otherwise brought to a DOE or designated contractor facility or site;
    (2) The projected stability of DOE and designated contractor 
operations; and
    (3) The degree of confidence in the property control measures 
available at disposition.
    (b) Certain transfers, sales, or other offerings of high risk 
personal property may require special conditions or specific 
restrictions as determined necessary by the property custodian or 
cognizant program office.
    (c) Requests for deviations from the requirements of this subpart 
may be made through the cognizant PSO to the Office of Management.



PART 109	6_MISCELLANEOUS REGULATIONS--Table of Contents



 Subpart 109	6.4_Official Use of Government Passenger Carriers Between 
                    Residence and Place of Employment

Sec.
109-6.400 Scope and applicability.
109-6.400-50 Instructions to DOE passenger carrier operators.
109-6.402 Policy.
109-6.450 Statutory provisions.

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 121; 31 U.S.C. 
1344(e)(1).

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.

[[Page 653]]



 Subpart 109	6.4_Official Use of Government Passenger Carriers Between 
                    Residence and Place of Employment



Sec.  109-6.400  Scope and applicability.

    (a) With the exception of Sec.  109-6.400-50, the provisions of this 
subpart and 41 CFR part 102-5 do not apply to designated contractors. 
Official use provisions applicable to these contractors are contained in 
Sec.  109-38.3 of this chapter.
    (b) When an employee on temporary duty is authorized to travel by 
Government motor vehicle, and in the interest of the Government, is 
scheduled to depart before the beginning of regular working hours, or if 
there will be a significant savings in time, a Government motor vehicle 
may be issued at the close of the preceding working day. Such 
authorizations must be submitted to the fleet manager to ensure proper 
use of motor vehicles during non-duty hours. Similarly, when scheduled 
to return after the close of working hours, the motor vehicle may be 
returned the next regular working day. This use of a Government motor 
vehicle is not regarded as prohibited by 31 U.S.C. 1344 (25 Comp. Gen. 
844(1946)).



Sec.  109-6.400-50  Instructions to DOE passenger carrier operators.

    DOE offices shall ensure that DOE employees operating Government 
motor vehicles are informed concerning:
    (a) The statutory requirement that Government motor vehicles shall 
be used only for official purposes;
    (b) Personal responsibility for safe driving and operation of 
Government motor vehicles, and for compliance with Federal, state, and 
local laws and regulations, and all accident reporting requirements;
    (c) The need to possess a valid state, District of Columbia, or 
commonwealth operator's license or permit for the type of vehicle to be 
operated and some form of agency identification. Check for specific 
details within your state laws regarding vehicle operator's licenses 
from foreign countries which may be valid in certain States;
    (d) The penalties for unauthorized use of Government motor vehicles;
    (e) The prohibition against providing transportation to strangers or 
hitchhikers;
    (f) The proper care, control and use of Government credit card and 
vehicle keys;
    (g) Mandatory use of seat belts by each employee operating or riding 
in a Government motor vehicle;
    (h) The prohibition against the use of tobacco products in GSA-
Interagency Fleet Management System (IFMS) motor vehicles;
    (i) Any other duties and responsibilities assigned to operators with 
regard to the use, care, operation, and maintenance of Government motor 
vehicles;
    (j) The potential income tax liability when they use a Government 
motor vehicle for transportation between residence and place of 
employment; and
    (k) Protection for DOE employees under the Federal Tort Claims Act 
when acting within the scope of their employment.
    (l) The prohibition against text messaging while operating a 
Government vehicle, or any vehicle while on Government business, as set 
forth under Executive Order 13513; and
    (m) See 31 U.S.C. 1344 and 41 CFR 301-10.201 for allowable use of 
Government vehicles while on temporary duty or official travel orders.



Sec.  109-6.402  Policy.

    (a) It is DOE policy that Government motor vehicles operated by DOE 
employees are to be used only for official Government purposes or for 
incidental purposes as prescribed in this section. The Office of 
Management and Program Secretarial Officer (PSO) for their respective 
organizations shall establish appropriate controls to ensure that the 
use of a Government motor vehicle for transportation between an 
employee's residence and place of employment is in accordance with the 
provisions of 41 CFR part 102-5 and this subpart.
    (b) It is DOE policy that space in a Government motor vehicle used 
for home-to-work transportation may be shared with a spouse, relative, 
or friend in accordance with the restrictions contained in 41 CFR 102-
5.105.

[[Page 654]]



Sec.  109-6.450  Statutory provisions.

    (a) In accordance with 31 U.S.C. 1349(b), any officer or employee of 
the Government who willfully uses or authorizes the use of a Government 
passenger motor vehicle for other than official purposes shall be 
suspended from duty by the head of the department concerned, without 
compensation, for not less than one month and shall be suspended for a 
longer period or summarily removed from office if circumstances warrant.
    (b) Under the provisions of 18 U.S.C. 641, any person who knowingly 
misuses any Government property (including Government motor vehicles) 
may be subject to criminal prosecution and, upon conviction, to fines or 
imprisonment.



PART 109	25_GENERAL--Table of Contents



                    Subpart 109	25.1_General Policies

Sec.
109-25-109-1 Identification of idle equipment.
109-25-109-2 Equipment pools.
109-25.302 Office furniture, furnishings, and equipment.
109-25.350 Furnishing of Government clothing and individual equipment.

    Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C. 7254).

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



                    Subpart 109	25.1_General Policies



Sec.  109-25.109-1  Identification of idle equipment.

    At a minimum, management walk-throughs shall be conducted to provide 
for coverage of all operating and storage areas at least once every two 
years to identify idle and unneeded personal property.



Sec.  109-25.109-2  Equipment pools.

    (a)-(c) [Reserved]
    (d) The report on the use and effectiveness of equipment pools shall 
be submitted to the head of the DOE office at the discretion of that 
official. However, documentation of evaluations of pools shall be 
maintained and made available for review by appropriate contractor 
management, DOE offices, and audit teams.
    (e) Program Secretarial Officer (PSO) shall require periodic 
independent reviews of equipment pool operations.



Sec.  109-25.302  Office furniture, furnishings, and equipment.

    The Director, Office of Management, Program Secretarial Officer 
(PSO), and designated contractors shall establish criteria for the use 
of office furniture, furnishings, and equipment.



Sec.  109-25.350  Furnishing of Government clothing and individual
equipment.

    (a) Government-owned clothing and individual equipment may be 
furnished to employees:
    (1) For protection from physical injury or occupational disease; or
    (2) When employees could not reasonably be required to furnish them 
as a part of the personal clothing and equipment needed to perform the 
regular duties of the position to which they are assigned or for which 
services were engaged.
    (b) This section does not apply to uniforms or uniform allowances 
under the Federal Employees Uniform Allowance Act of 1954, 84 Public Law 
37, as amended.



PART 109	26_PROCUREMENT SOURCES AND PROGRAM--Table of Contents



             Subpart 109	26.2_Federal Requisitioning System

Sec.
109-26.203 Activity address codes.

                Subpart 109	26.5_GSA Procurement Programs

109-26.501 Purchase of new motor vehicles.
109-26.501-1 General.
109-26.501-4 Submission of orders.
109-26.501-50 Authority and allocations for the acquisition of passenger 
          motor vehicles.
109-26.501-51 Used vehicles.
109-26.501-52 Justification for purchase.
109-26.501-53 Acquisitions by transfer.
109-26.501-54 Communications equipment.

    Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C. 7254).

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.

[[Page 655]]



             Subpart 109	26.2_Federal Requisitioning System



Sec.  109-26.203  Activity address codes.

    (a) DOE field organizations designated by the Office of Management 
are responsible for processing routine activity code related 
transactions for specified groupings of field organizations. Each field 
organization in a specified grouping will forward their activity address 
code related transactions to the grouping's lead organization for 
processing. Each lead organization shall designate a point of contact 
who will:
    (1) Verify the need, purpose, and validity of each transaction; and
    (2) Be the specified grouping's authorized point of contact for 
dealing directly with GSA.
    (b) The Office of Management is responsible for:
    (1) All policy matters related to the issuance and control of 
activity address codes within DOE; and
    (2) Furnishing the identity of the lead field organization points of 
contact to GSA.



                Subpart 109	26.5_GSA Procurement Programs



Sec.  109-26.501  Purchase of new motor vehicles.



Sec.  109-26.501-1  General.

    (a) GSA is a mandatory source, under FPMR 101-26.501, for purchase 
of new non-tactical vehicles.
    (b) Under unique circumstances which meet the criteria set forth 
under FPMR, motor vehicles may be purchased directly rather than through 
GSA when a waiver has been granted by GSA. The waiver request should be 
submitted directly to GSA and a copy forwarded to the Office of 
Management. GSA will grant waivers on a case-by-case basis, in 
accordance with FPMR 101-26.501(b)(c).



Sec.  109-26.501-4  Submission of orders.

    An original and two copies of requisitions for passenger motor 
vehicles and law enforcement motor vehicles shall be forwarded with 
justification for purchase to the Office of Management, for approval and 
submission to GSA. Requisitions for all other types of motor vehicles 
shall be submitted directly to GSA.



Sec.  109-26.501-50  Authority and allocations for the acquisition of passenger motor vehicles.

    (a) Authority for the acquisition of passenger motor vehicles is 
contained in the Department's annual appropriation act.
    (b) DOE offices shall include in their budget submissions the number 
of passenger motor vehicles to be purchased during the fiscal year. The 
procurements will be identified as either additions to the motor vehicle 
fleet or replacement vehicles. A copy of the motor vehicle portion of 
the submission should be submitted to the Office of Management.
    (c) To ensure that DOE does not exceed the number of passenger motor 
vehicles authorized to be acquired in any fiscal year, the Office of 
Management or designee shall allocate to and inform the field 
organizations in writing of the number of passenger motor vehicles which 
may be acquired under each appropriation. These allocations and the 
statutory cost limitations imposed on these motor vehicles shall not be 
exceeded.
    (d) The motor vehicle fleet manager shall provide written 
certification to the OPMO that disposition action has been taken on 
replaced passenger motor vehicles. Such certification shall be provided 
no later than 30 days after the disposition of the vehicle. Replaced 
passenger motor vehicles shall not be retained in service after receipt 
of the replacement vehicle.



Sec.  109-26.501-51  Used vehicles.

    Normally, DOE does not purchase or authorize contractors to purchase 
used motor vehicles. However, the Office of Management and Program 
Secretarial Officer (PSO) may authorize the purchase of used motor 
vehicles where justified by special circumstances, e.g., when new motor 
vehicles are in short supply; motor vehicles are to be used for 
experimental or test purposes; or motor vehicles are acquired from 
exchange/sale. The statutory passenger motor vehicle allocation 
requirements shall apply to any purchase of used

[[Page 656]]

passenger motor vehicles except in the case of motor vehicles to be used 
exclusively for experimental or test purposes.



Sec.  109-26.501-52  Justification for purchase.

    (a) Requisitions for additions to the passenger motor vehicle fleet 
must contain adequate written justification of need. Such justifications 
shall be prepared by the motor vehicle fleet manager and approved by the 
OPMO, and should include:
    (1) A statement as to why the present fleet size is inadequate to 
support requirements;
    (2) Efforts made to achieve maximum use of on-hand motor vehicles 
through pool arrangements, shuttle buses, and taxicabs;
    (3) The programmatic requirement for the motor vehicles and the 
impact on the program/project if the requisitions are not filled;
    (4) The established DOE or local utilization objectives used to 
evaluate the utilization of passenger motor vehicles and whether the 
objectives have been approved by the OPMO; and
    (5) The date of the last utilization review and the number of 
passenger motor vehicles which did not meet the established utilization 
objectives and the anticipated mileage to be achieved by the new motor 
vehicles.
    (b) Requisitions for replacement passenger motor vehicles should 
include a statement that utilization, pools, shuttle buses and taxicabs 
have been considered by the motor vehicle fleet manager and the OPMO. 
Specific information on the identification, age and mileage of the motor 
vehicles should be included. When a passenger motor vehicle being 
replaced does not meet Federal replacement standards, a description of 
the condition of the vehicle should also be provided.



Sec.  109-26.501-53  Acquisitions by transfer.

    (a) The acquisition of passenger motor vehicles by transfer from 
another Government agency or DOE organization shall be within the 
allocations prescribed in Sec.  109-26.501-50 of this subpart.
    (b) Passenger motor vehicles may be acquired by transfer provided 
they are:
    (1) Considered as an addition to the motor vehicle fleet of the 
receiving office;
    (2) Acquired for replacement purposes and an equal number of 
replaced motor vehicles are reported for disposal within 30 days;
    (3) For temporary emergency needs exceeding three months and 
approved in writing by the DPMO; or
    (4) For temporary emergency needs of three months or less in lieu of 
commercial rentals. These transfers will not count toward the 
allocation.



Sec.  109-26.501-54  Communications equipment.

    Communications equipment considered to be essential for the 
accomplishment of security and safety responsibilities is exempt from 
the requirements of 41 CFR 101-26.501. The Fleet Manager shall approve 
the installation of communications equipment in motor vehicles.



PART 109	27_INVENTORY MANAGEMENT--Table of Contents



    Subpart 109	27.50_Inventory Management Policies, Procedures, and 
                               Guidelines

Sec.
109-27.5008 Control of drug substances.

             Subpart 109	27.51_Management of Precious Metals

109-27.5100 Scope of subpart.
109-27.5101 Definition.
109-27.5102 Policy.
109-27.5103 Precious Metals Control Officer.
109-27.5104 Practices and procedures.
109-27.5104-1 Acquisitions.
109-27.5104-2 Physical protection and storage.
109-27.5104-3 [Reserved]
109-27.5104-4 Physical inventories.
109-27.5104-5 Control and issue of stock.
109-27.5104-6 Control by using organization.
109-27.5105 Management reviews and audits.
109-27.5106 Precious metals pool.
109-27.5106-1 Purpose.
109-27.5106-2 Withdrawals.
109-27.5106-3 Returns.
109-27.5106-4 Withdrawals/returns forecasts.
109-27.5106-5 Assistance.
109-27.5107 Recovery of silver from used hypo solution and scrap film.


[[Page 657]]


    Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C. 7254).

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



    Subpart 109	27.50_Inventory Management Policies, Procedures, and 
                               Guidelines



Sec.  109-27.5008  Control of drug substances.

    Effective procedures and practices shall provide for the management 
and physical security of controlled substances from receipt to the point 
of use. Such procedures shall, as a minimum, provide for safeguarding, 
proper use, adequate records, and compliance with applicable laws and 
regulations.



             Subpart 109	27.51_Management of Precious Metals



Sec.  109-27.5100  Scope of subpart.

    This subpart provides policies, principles, and guidelines to be 
used in the management of purchased and recovered precious metals used 
to meet research, development, production, and other programmatic needs.



Sec.  109-27.5101  Definition.

    Precious metals means uncommon and highly valuable metals 
characterized by their superior resistance to corrosion and oxidation. 
Included are gold, silver, and the platinum group metals--platinum, 
palladium, rhodium, iridium, ruthenium and osmium.



Sec.  109-27.5102  Policy.

    DOE organizations and contractors shall establish effective 
procedures and practices for the administrative and physical control of 
precious metals in accordance with the provisions of this subpart.



Sec.  109-27.5103  Precious Metals Control Officer.

    Each DOE organization and contractor holding precious metals shall 
designate in writing a Precious Metals Control Officer. This individual 
shall be the organization's primary point of contact concerning precious 
metals control and management, and shall be responsible for the 
following:
    (a) Ensuring that the organization's precious metals activities are 
conducted in accordance with Departmental requirements.
    (b) Maintaining an accurate list of the names of precious metals 
custodians.
    (c) Providing instructions and training to precious metals 
custodians and/or users as necessary to assure compliance with 
regulatory responsibilities.
    (d) Ensuring that physical inventories are performed as required by, 
and in accordance with, these regulations.
    (e) Witnessing physical inventories.
    (f) Performing periodic unannounced inspections of a custodian's 
precious metals inventory and records.
    (g) Conducting an annual review of precious metals holdings to 
determine excess quantities.
    (h) Preparing and submitting to the DOE Business Center for Precious 
Metals Sales and Recovery the annual forecast of anticipated withdrawals 
from, and returns to, the DOE precious metals pool.
    (i) Conducting a program for the recovery of silver from used hypo 
solution and scrap film in accordance with 41 CFR 101-45.10 and Sec.  
109-45.10 of this chapter.
    (j) Preparing and submitting of the annual report on recovery of 
silver from used hypo solution and scrap film as required by Sec.  109-
45.1002-2 of this chapter.
    (k) Developing and issuing current authorization lists of persons 
authorized by management to withdraw precious metals from stockrooms.



Sec.  109-27.5104  Practices and procedures.



Sec.  109-27.5104-1  Acquisitions.

    DOE organizations and contractors shall contact the DOE Business 
Center for Precious Metals Sales and Recovery to determine the 
availability of precious metals prior to acquisition on the open market.



Sec.  109-27.5104-2  Physical protection and storage.

    Precious metals shall be afforded exceptional physical protection 
from time of receipt until disposition. Precious metals not in use shall 
be stored

[[Page 658]]

in a noncombustible combination locked repository with access limited to 
the designated custodian and an alternate. When there is a change in 
custodian or alternate having access to the repository, the combination 
shall be changed immediately.



Sec.  109-27.5104-3  [Reserved]



Sec.  109-27.5104-4  Physical inventories.

    (a) Physical inventories shall be conducted annually by custodians, 
and witnessed by the Precious Metals Control Officer or his designee in 
accordance with 109-1.5110, Physical inventories frequency requirements.
    (b) Precious metals not in use shall be inspected and weighed on 
calibrated scales. The inventoried weight and form shall be recorded on 
the physical inventory sheets by metal content and percent of metal. 
Metals in use in an experimental process or contaminated metals, neither 
of which can be weighed, shall be listed on the physical inventory sheet 
as observed and/or not observed as applicable.
    (c) Any obviously idle or damaged metals should be recorded during 
the physical inventory. Justification for further retention of idle 
metals shall be required from the custodian and approved one level above 
the custodian, or disposed of in accordance with established procedures.
    (d) The dollar value of physical inventory results shall be 
reconciled with the financial records. All adjustments shall be 
supported by appropriate adjustment reports, and approved by a 
responsible official.



Sec.  109-27.5104-5  Control and issue of stock.

    Precious metals in stock are metals held in a central location and 
later issued to individuals when authorized requests are received. The 
following control procedures shall be followed for such metals:
    (a) Stocks shall be held to a minimum consistent with efficient 
support to programs.
    (b) The name and organization number of each individual authorized 
to withdraw precious metals, and the type and kind of metals, shall be 
prominently maintained in the stockroom. This authorization shall be 
issued by the Precious Metals Control Officer or his designee and 
updated annually. Issues of metals will be made only to authorized 
persons.
    (c) Accurate records of all receipts, issues, returns, and disposals 
shall be maintained in the stockroom.
    (d) Receipts for metal issues and returns to stock shall be provided 
to users. Such receipts, signed by the authorized requesting individual 
and the stockroom clerk, shall list the requesting organization, type 
and form of metal, quantity, and date of transaction.



Sec.  109-27.5104-6  Control by using organization.

    (a) After receipt, the using organization shall provide necessary 
controls for precious metals. Materials shall be stored in a non-
combustible, combination locked repository at all times except for 
quantities at the actual point of use.
    (b) Each using organization shall maintain a log showing the 
individual user, type and form of metal, and the time, place, and 
purpose of each use. The log shall be kept in a locked repository when 
not in use.
    (c) The logs and secured locked storage facilities are subject to 
review by the Precious Metals Control Officer and other audit or review 
staffs as required.
    (d) Cognizant Departmental managers are responsible for assuring 
that minimum quantities of precious metals are withdrawn consistent with 
work requirements and that quantities excess to requirements are 
promptly returned to the stockroom.



Sec.  109-27.5105  Management reviews and audits.

    (a) Unannounced inspections of custodian's precious metals inventory 
and records may be conducted between scheduled inventories.
    (b) DOE organizations and contractors holding precious metals shall 
annually review the quantity of precious metals on hand to determine if 
the quantity is in excess of program requirements. Precious metals which 
are not needed for current or foreseeable

[[Page 659]]

requirements shall be promptly reported to the DOE precious metals pool. 
The results of this annual review are to be documented and entered into 
the precious metals inventory records.



Sec.  109-27.5106  Precious metals pool.



Sec.  109-27.5106-1  Purpose.

    The purpose of the precious metals pool is to recycle, at a minimum 
cost to pool participants, DOE-owned precious metals within the 
Department and to dispose of DOE-owned precious metals that are excess 
to DOE needs. However, if the pool is unable to accept any potential 
precious metal return, the using activity will dispose of the precious 
metals through the disposal process specified in subchapter H of the 
FPMR/FMR and this regulation.



Sec.  109-27.5106-2  Withdrawals.

    Pure metals are available through the Business Center for either 
direct shipment to DOE contractors or facilities to fulfill fabrication 
requirements. Contact the Business Center for available forms and 
quantity (https://www.y12.doe.gov /missions/pmetal/).



Sec.  109-27.5106-3  Returns.

    All excess precious metals must be returned to the precious metals 
pool except as noted in Sec.  109-27.5106-1 of this subpart. The pool is 
entirely dependent on metal returns; therefore, metal inventories should 
be maintained on an as-needed basis, and any excess metals must be 
returned to the pool for recycling. This includes precious metals in any 
form, including shapes, and scraps. Procedures have been developed by 
the precious metals pool contractor for metal returns, including 
storing, packaging, shipping, and security.



Sec.  109-27.5106-4  Withdrawals/returns forecasts.

    The Business Center for Precious Metals Sales and Recovery will 
request annually from each DOE field organization its long-range 
forecast of anticipated withdrawals from the pool and returns to the 
pool.



Sec.  109-27.5106-5  Assistance.

    The Business Center for Precious Metals Sales and Recovery operates 
the precious metals pool. DOE organizations and contractors may obtain 
specific information regarding the operation of the precious metals pool 
(operating contractor's name, address, and telephone number; processing 
charges; etc.) by contacting the Chief, Property Management Branch.



Sec.  109-27.5107  Recovery of silver from used hypo solution and scrap film.

    The requirements for the recovery of silver from used hypo solution 
and scrap film are contained in Sec.  109-45.1003 of this chapter.



PART 109	28_STORAGE AND DISTRIBUTION--Table of Contents



Sec.
109-28.000-50 Policy.
109-28.000-51 Storage guidelines.

                Subpart 109	28.3_Customer Supply Centers

109-28.306 Customer supply center (CSC) accounts and related controls.
109-28.306-3 Limitations on use.
109-28.306-5 Safeguards.

   Subpart 109	28.50_Management of Equipment Held for Future Projects

109-28.5000 Scope of subpart.
1109-28.5001 Definition.
109-28.5002 Objective.
109-28.5003 Records.
109-28.5004 Justification and review procedures.
109-28.5005 EHFFP program review.
109-28.5006 Utilization.

        Subpart 109	28.51_Management of Spare Equipment/Property

109-28.5100 Scope of subpart.
109-28.5101 Definition.
109-28.5102 Exclusions.
109-28.5103 Management policy.

    Authority: 42 U.S.C. 7254.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



Sec.  109-28.000-50  Policy.

    DOE offices and designated contractors shall:
    (a) Establish storage space and warehousing services for the 
receipt, storage, issue, safekeeping and protection of Government 
property;

[[Page 660]]

    (b) Provide storage space and warehousing services in the most 
efficient manner consistent with program requirements; and
    (c) Operate warehouses in accordance with generally accepted 
industrial management practices and principles.



Sec.  109-28.000-51  Storage guidelines.

    (a) Indoor storage areas should be arranged to obtain proper stock 
protection and maximum utilization of space within established floor 
load capacities.
    (b) Storage yards for items not requiring covered protection shall 
be protected by locked fenced enclosures to the extent necessary to 
protect the Government's interest.
    (c) Storage areas shall be prominently posted to clearly indicate 
that the property stored therein is U.S. Government property, with 
entrance to such areas restricted to authorized personnel only.
    (d) Property in storage must be protected from fire, theft, 
deterioration, or destruction. In addition certain items require 
protection from dampness, heat, freezing, or extreme temperature 
changes. Other items must be stored away from light and odors, protected 
from vermin infestation, or stored separately because of their hazardous 
characteristics.
    (e) Hazardous or contaminated property, including property having a 
history of use in an area where exposure to contaminated property may 
have occurred, shall not be commingled with non-contaminated property, 
but stored separately in accordance with instructions from the 
environmental, safety, and health officials.
    (f) Unless inappropriate or impractical until declared excess, 
nuclear-related and proliferation-sensitive property shall be identified 
as such by use of a certification tag signed by an authorized program 
official (designated in writing with signature cards on file in the 
personal property management office). Such personal property shall not 
be commingled with other personal property, but stored separately in 
accordance with instructions from the cognizant program office.



                Subpart 109	28.3_Customer Supply Centers



Sec.  109-28.306  Customer supply center (CSC) accounts and related controls.



Sec.  109-28.306-3  Limitations on use.

    DOE offices and designated contractors shall establish internal 
controls for ensuring that the use of CSC accounts is limited to the 
purchase of items for official Government use.



Sec.  109-28.306-5  Safeguards.

    DOE offices and designated contractors shall establish internal 
controls for ensuring that the customer access codes assigned for their 
accounts are properly protected.



   Subpart 109	28.50_Management of Equipment Held for Future Projects



Sec.  109-28.5000  Scope of subpart.

    This subpart provides policies, principles, and guidelines to be 
used in the management of equipment held for future projects (EHFFP).



Sec.  109-28.5001  Definition.

    Equipment held for future projects means items being retained, based 
on approved justifications, for a known future use, or for a potential 
use in planned projects.



Sec.  109-28.5002  Objective.

    The objective of the EHFFP program is to enable DOE offices and 
contractors to retain equipment not in use in current programs but which 
has a known or potential use in future DOE programs, while providing 
visibility on the types and amounts of equipment so retained through 
review and reporting procedures. It is intended that equipment be 
retained where economically justifiable for retention, considering cost 
of maintenance, replacement, obsolescence, storage, deterioration, or 
future availability; made available for use by others; and promptly 
excessed when no longer needed.

[[Page 661]]



Sec.  109-28.5003  Records.

    Records of all EHFFP shall be maintained by the holding 
organization, including a listing of items with original date of 
classification as EHFFP; initial justifications for retaining EHFFP; 
rejustifications for retention; and documentation of reviews made by 
higher levels of management.



Sec.  109-28.5004  Justification and review procedures.

    Procedures shall provide for the following:
    (a) The original decision to classify and retain equipment as EHFFP 
shall be justified in writing, providing sufficient detail to support 
the need for retention of the equipment. This justification will cite 
the project for which retained, the potential use to be made of the 
equipment, or other reasons for retention.
    (b) The validity of the initial classification EHFFP shall be 
reviewed by management at a level above that of the individual making 
the initial determination.
    (c) Retention of equipment as EHFFP must be rejustified annually to 
ensure that original justifications remain valid. The rejustifications 
will contain sufficient detail to support retention.
    (d) When equipment is retained as EHFFP for longer than one year, 
the annual rejustification shall be reviewed at a level of management at 
least two levels above that of the individual making the determination 
to retain the EHFFP. Equipment retained as EHFFP for longer than three 
years should be approved by the head of the DOE field organization.



Sec.  109-28.5005  EHFFP program review.

    OPMOs or on-site DOE property administrators shall conduct periodic 
reviews in accordance 109-1.5110 Physical inventories of personal 
property frequency requirement to ensure that the EHFFP program is being 
conducted in accordance with established procedures DOE-FMR. Included in 
the review will be proper determinations of property as EHFFP, the 
validity of justifications for retaining EHFFP.



Sec.  109-28.5006  Utilization.

    It is DOE policy that, where practicable and consistent with program 
needs, EHFFP be considered as a source of supply to avoid or postpone 
acquisition.



        Subpart 109	28.51_Management of Spare Equipment/Property



Sec.  109-28.5100  Scope of subpart.

    This subpart provides policy guidance to be used in the management 
of spare equipment.



Sec.  109-28.5101  Definition.

    Spare equipment/property means items held as replacement spares for 
equipment in current use in DOE program.



Sec.  109-28.5102  Exclusions.

    The following categories of equipment will not be considered spare 
equipment:
    (a) Equipment/Property installed for emergency backup, e.g., an 
emergency power facility, or an electric motor or a pump, any of which 
is in place and electrically connected.
    (b) Equipment items properly classified as stores inventory.



Sec.  109-28.5103  Management policy.

    (a) Procedures shall require the maintenance of records for spare 
equipment/property, cross-referenced to the location in the facility and 
the engineering drawing number. The purpose for retention shall be in 
the records.
    (b) Reviews shall be made based on technical evaluations of the 
continued need for the equipment. The reviews should be held biennially. 
In addition, individual item levels shall be reviewed when spare 
equipment/Property is installed for use, the basic equipment is removed 
from service, or the process supported is changed.
    (c) Procedures shall be established to provide for the 
identification and reporting of unneeded spare equipment/property as 
excess property.



PART 109	30_FEDERAL CATALOG SYSTEM--Table of Contents



    Authority: 42 U.S.C. 7254.

[[Page 662]]


    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



Sec.  109-30.001-50  Applicability.

    The provisions of 41 CFR part 101-30 do not apply to designated 
contractors.



PART 109	38_MOTOR EQUIPMENT MANAGEMENT--Table of Contents



Sec.
109-38.000 Scope of part.
109-38.000-50 Policy.

                  Subpart 109	38.0_Definition of Terms

109-38.001 Definitions.

             Subpart 109	38.1_Fuel Efficient Motor Vehicles

109-38.104 Fuel efficient passenger automobiles and light trucks.
109-38.105 Agency purchase and lease of motor vehicles.

      Subpart 109	38.2_Registration, Identification, and Exemptions

109-38.200 General requirements.
109-38.201 Registration and inspection.
109-38.201-50 Registration in foreign countries.
109-38.202 Tags.
109-38.202-2 Outside the District of Columbia.
109-38.202-3 Records.
109-38.202-50 Security.
109-38.203 Agency identification.
109-38.204 Exemptions.
109-38.204-1 Unlimited exemptions.
109-38.204-3 Requests for exempted motor vehicles in the District of 
          Columbia.
109-38.204-4 Report of exempted motor vehicles.
109-38.204-50 Records of exempted motor vehicles.

       Subpart 109	38.3_Official Use of Government Motor Vehicles

109-38.300 Scope.
109-38.301 Authorized use.
109-38.301-1 Contractors' use.
109-38.301-1.50 Authorization for transportation between residence and 
          place of employment.
109-38.301-1.51 Emergency use.
109-38.301-1.52 Maintenance of records.
109-38.301-1.53 Responsibilities of motor vehicle operators.

             Subpart 109	38.4_Use and Replacement Standards

109-38.401 Use standards.
109-38.401-2 Use of self-service pumps.
109-38.402 Replacement standards.
109-38.402-50 Prompt disposal of replaced motor vehicles.
109-38.403 Responsibility for damages.
109-38.403-1 Policy.
109-38.403-2 Responsibility.
109-38.403-3 Exceptions.

                 Subpart 109	38.5_Scheduled Maintenance

109-38.502 Guidelines.
109-38.502-50 DOE guidelines.

   Subpart 109	38.7_Transfer, Storage, and Disposal of Motor Vehicles

109-38.701 Transfer of title for Government-owned motor vehicles.
109-38.701-50 Authority to sign Standard Form 97, The United States 
          Government Certificate to Obtain Title to a Vehicle.

                   Subpart 109	38.8_Fleet Credit Card

109-38.800 General.
109-38.801 Obtaining fleet credit card.

           Subpart 109	38.9_Federal Motor Vehicle Fleet Report

109-38.902 Records.
109-38.903 Reporting of data.
109-38.903-50 Reporting DOE motor vehicle data.

            Subpart 109	38.51_Utilization of Motor Equipment

109-38.5100 Scope of subpart.
109-38.5101 Policy.
109-38.5102 Utilization controls and practices.
109-38.5103 Motor vehicle utilization standards.
109-38.5104 Other motor equipment utilization standards.
109-38.5105 Motor vehicle local use objectives.
109-38.5106 Application of motor vehicle use goals.

                      Subpart 109	38.52_Watercraft

109-38.5200 Scope of subpart.
109-38.5201 Definition.
109-38.5202 Watercraft operations.
109-38.5203 Watercraft identification and numbers.

    Authority: 42 U.S.C. 7254.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.

[[Page 663]]



Sec.  109-38.000  Scope of part.



Sec.  109-38.000-50  Policy.

    Motor vehicles and watercraft shall be acquired, maintained, and 
utilized in support of DOE programs in the minimum quantity required and 
in the most efficient manner consistent with program requirements, 
safety considerations, fuel economy, and applicable laws and 
regulations.



                  Subpart 109	38.0_Definition of Terms



Sec.  109-38.001  Definitions.

    Experimental vehicles means vehicles acquired solely for testing and 
research purposes or otherwise designated for experimental purposes. 
Such vehicles are to be the object of testing and research as 
differentiated from those used as vehicular support to testing and 
research. Experimental vehicles are not to be used for passenger 
carrying services unless required as part of a testing/evaluation 
program, and they are not subject to statutory price limitations or 
authorization limitations.
    Motor equipment means any item of equipment which is self-propelled 
or drawn by mechanical power, including motor vehicles, motorcycles and 
scooters, construction and maintenance equipment, materials handling 
equipment, and watercraft.
    Motor vehicle means any equipment, self-propelled or drawn by 
mechanical power, designed to be operated principally on highways in the 
transportation of property or passengers.
    Special purpose vehicles means vehicles which are used or designed 
for specialized functions. These vehicles include, but are not limited 
to: Trailers, semi-trailers, other types of trailing equipment; trucks 
with permanently mounted equipment (such as aerial ladders); 
construction and other types of equipment set forth in Federal Supply 
Classification Group (FSCG) 38; material handling equipment set forth in 
FSCG 39; and firefighting equipment set forth in FSCG 42. For reporting 
purposes within DOE, motorcycles, motor scooters and all-terrain 
vehicles will also be reported as special purpose vehicles.



             Subpart 109	38.1_Fuel Efficient Motor Vehicles



Sec.  109-38.104  Fuel efficient passenger automobiles and light trucks.

    (a) What size motor vehicles may we obtain? (See 41 CFR 102-34.50).
    (b) All requests to obtain passenger automobiles larger than class 
IA, IB, or II (small, subcompact, or compact) shall be forwarded with 
justification to the DPMO for approval and certification for compliance 
with the fuel economy objectives listed in 41 CFR 102-34 subpart B.
    (c) Requests to exempt certain light trucks from the fleet average 
fuel economy calculations shall be forwarded with justification to the 
Office of Management for approval.



Sec.  109-38.105  Agency purchase and lease of motor vehicles.

    (a) DOE activities shall submit a copy of all motor vehicle leases 
and purchases not procured through the GSA Automotive Commodity Center 
to GSA.
    (b)-(c) [Reserved]
    (d) DOE activities desiring to renew a commercial lease shall submit 
the requirement in writing to the Office of Management for approval 
prior to submission by field offices to GSA.
    (e) DOE activities shall submit a copy of all lease agreements to 
GSA.



      Subpart 109	38.2_Registration, Identification, and Exemptions



Sec.  109-38.200  General requirements.

    (a)-(e) [Reserved]
    (f) Requests made pursuant to 41 CFR 102-34.155 through 102-34.170 
for limited exemption from the requirement for displaying U.S. 
Government tags and other identification on motor vehicles, except for 
those vehicles exempted in accordance with 41 CFR 102-34.175 and Sec.  
109-38.204-1 of this subpart, shall be submitted to the Office of 
Management for approval. Each approved exemption must be renewed 
annually, and the Office of Management shall be notified promptly when 
the need for a previously authorized exemption no longer

[[Page 664]]

exists. Copies of certifications and cancellation notices required to be 
furnished to GSA pursuant to 41 CFR 102-34.160 will be transmitted to 
GSA.
    (g) Requests for temporary removal and substitution of Government 
markings shall be submitted with justification to the DPMO for review 
and approval. Copies of the determination and justification required to 
be furnished to GSA will be transmitted to GSA by the DPMO.



Sec.  109-38.201  Registration and inspection.



Sec.  109-38.201-50  Registration in foreign countries.

    Motor vehicles used in foreign countries are to be registered and 
carry license tags in accordance with the existing motor vehicle 
regulations of the country concerned. The person responsible for a motor 
vehicle in a foreign country shall make inquiry at the United States 
Embassy, Legation, or Consulate concerning the regulations that apply to 
registration, licensing, and operation of motor vehicles and shall be 
guided accordingly.



Sec.  109-38.202  Tags.



Sec.  109-38.202-2  Outside the District of Columbia.

    The Office of Management and Program Secretarial Officer (PSO) shall 
make the determination concerning the use of tags outside the District 
of Columbia.



Sec.  109-38.202-3  Records.

    (a) The Office of Management assigns ``blocks'' of U.S. Government 
license tag numbers to DOE organizations and maintains a current record 
of such assignments. Additional ``blocks'' will be assigned upon 
request.
    (b) Each DOE direct operation and designated contractor shall 
maintain a current record of individual assignments of license tags to 
the motor vehicles under their jurisdiction.



Sec.  109-38.202-50  Security.

    Unissued license tags shall be stored in a locked drawer, cabinet, 
or storage area with restricted access to prevent possible fraud or 
misuse. Tags which are damaged or unusable will be safeguarded until 
destroyed.



Sec.  109-38.203  Agency identification.

    Standard DOE motor vehicle window decals (DOE Form 1530.1), and door 
decals to be used only on vehicles without windows (DOE Form 1530.2), 
are available from the Office of Administrative Services, Logistics 
Management Division, Headquarters, using DOE Form 4250.2, ``Requisition 
for Supplies, Equipment or Services'', or as directed by that office.



Sec.  109-38.204  Exemptions.



Sec.  109-38.204-1  Unlimited exemptions.

    (a)-(f) [Reserved]
    (g) The Office of Management and Program Secretarial Officer (PSO) 
for their respective organizations may approve exemptions from the 
requirement for the display of U.S. Government license tags and other 
official identification for motor vehicles used for security or 
investigative purposes.



Sec.  109-38.204-3  Requests for exempted motor vehicles in the 
District of Columbia.

    The Director, Office of Administrative Services is designated to 
approve requests for regular District of Columbia license tags, and 
furnishes annually the name and specimen signature of each 
representative authorized to approve such requests to the District of 
Columbia Department of Transportation.



Sec.  109-38.204-4  Report of exempted motor vehicles.

    DOE offices shall provide upon request the necessary information to 
the DPMO to enable that office to submit a report of exempted vehicles.



Sec.  109-38.204-50  Records of exempted motor vehicles.

    The Office of Management and Program Secretarial Officer (PSO) shall 
maintain records of motor vehicles exempted from displaying U.S. 
Government license tags and other identification. The records shall 
contain a listing, by type, of each exempted motor vehicle operated 
during the previous fiscal year, giving information for each

[[Page 665]]

motor vehicle on hand at the beginning of the year and each of those 
newly authorized during the year, including:
    (a) Name and title of authorizing official (including any 
authorization by Headquarters and GSA);
    (b) Date exemption was authorized;
    (c) Justification for exemption and limitation on use of the 
exempted motor vehicle;
    (d) Date of discontinuance for any exemption discontinued during the 
year; and
    (e) Probable duration of exemptions for motor vehicles continuing in 
use.



       Subpart 109	38.3_Official Use of Government Motor Vehicles



Sec.  109-38.300  Scope.

    This subpart prescribes the requirements governing the use of 
Government motor vehicles for official purposes by designated 
contractors.



Sec.  109-38.301  Authorized use.

    The use of Government motor vehicles by officers and employees of 
the Government is governed by the provisions of 41 CFR 102-34 Subpart D 
and section 109-6.4 of this chapter.



Sec.  109-38.301-1  Contractors' use.

    Program Secretarial Officer (PSO) shall ensure that provisions of 
the FPMR/FMR concerning contractor use of Government motor vehicles are 
complied with by their designated contractors.



Sec.  109-38.301-1.50  Authorization for transportation between residence
and place of employment.

    (a) Government motor vehicles shall not be used for transportation 
between residence and place of employment by designated contractor 
personnel except under extenuating circumstances specifically provided 
for under the terms of the contract. Examples of circumstances eligible 
for prior approval of home-to-work motor vehicle use which would be 
appropriate to include in the terms of the contract include: Use related 
to safety or security operations, use related to compelling operational 
considerations, and use determined as cost effective to DOE's interest. 
Under no circumstances shall the comfort and convenience, or managerial 
position, of contractor employees be considered justification for 
authorization of use.
    (b) The use of Government motor vehicles for transportation between 
residence and place of employment (including sporadic use) by designated 
contractor personnel shall be approved in writing by the Head of the 
field organization or designee, with delegation no lower than the 
Director, Office of Management and Program Secretarial Officer (PSO) or 
the equivalent position at other DOE contracting activities provided 
that the individual is a warranted contracting officer. The contractor's 
request for approval shall include the name and title of the employee, 
the reason for the use, and the expected duration of the use. Each 
authorization is limited to one year, but can be extended for an 
unlimited number of additional one-year periods.



Sec.  109-38.301-1.51  Emergency use.

    (a) Procedures for authorization of designated contractor use of 
Government motor vehicles in emergencies, including unscheduled overtime 
situations at remote sites where prior approval is not possible, shall 
be included in a contractor's approved property management procedures. 
The procedures shall include examples of emergency situations warranting 
such use. Records detailing instances of emergency use shall be 
maintained and review of all such emergency or overtime use must be 
certified through established audit procedures on at least an annual 
basis by the OPMO.
    (b) In limiting the use of Government motor vehicles to official 
purposes, it is not intended to preclude their use in emergencies 
threatening loss of life or property. Such use shall be documented and 
the documentation retained for three years.



Sec.  109-38.301-1.52  Maintenance of records.

    Designated contractors shall maintain logs or other records on the 
use of a Government motor vehicle for transportation between an 
employee's residence and place of employment. As a minimum, these logs 
shall indicate the employee's name, date of use, time of

[[Page 666]]

departure and arrival, miles driven, and names of other passengers. 
Cognizant finance offices shall be provided with applicable data on 
employees who utilize Government motor vehicles for such transportation 
for purposes of the Deficit Reduction Act of 1984 concerning the 
taxation of fringe benefits.



Sec.  109-38.301-1.53  Responsibilities of motor vehicle operators.

    Designated contractors shall assure that their employees are aware 
of their responsibilities, identical to those listed in Sec.  109-6.400-
50 of this chapter for DOE employees, concerning the use and operation 
of Government motor vehicles.



             Subpart 109	38.4_Use and Replacement Standards



Sec.  109-38.401  Use standards.



Sec.  109-38.401-2  Use of self-service pumps.

    It is DOE policy that motor vehicle operators shall use self-service 
pumps in accordance with the provisions of 41 CFR 101-38.401-2.



Sec.  109-38.402  Replacement standards.

    (a) [Reserved]
    (b) Motor vehicles may be replaced without regard to the replacement 
standards in 41 CFR 102-34 subpart E only after certification by the 
Office of Management or the Head of the field organization for their 
respective organizations that a motor vehicle is beyond economical 
repair due to accident damage or wear caused by abnormal operating 
conditions.



Sec.  109-38.402-50  Prompt disposal of replaced motor vehicles.

    A replaced motor vehicle shall be removed from service and disposed 
of prior to or as soon as practicable after delivery of the replacement 
motor vehicle to avoid concurrent operation of both motor vehicles.



Sec.  109-38.403  Responsibility for damages.



Sec.  109-38.403-1  Policy.

    The policy for assigning responsibility for vehicle damage is to 
recover from users the costs for damages which would adversely affect 
the vehicle's resale.



Sec.  109-38.403-2  Responsibility.

    The designated contractor will charge the using organization all 
costs resulting from damage, including vandalism, theft and parking lot 
damage to a DOE vehicle which occurs during the period that the vehicle 
is assigned to an employee of that organization. The charges recovered 
by the designated maintenance operation will be used to repair the 
vehicle. Other examples for which organizations will be charged are as 
follows:
    (a) Damage caused by misuse or abuse inconsistent with normal 
operation and local conditions; or
    (b) Repair costs which are incurred as a result of user's failure to 
obtain required preventative maintenance; or
    (c) Unauthorized purchases or repairs, including credit card misuse, 
provided there is a clear, flagrant, and documented pattern of such 
occurrences.



Sec.  109-38.403-3  Exceptions.

    Exceptions to Sec.  109-38.403-2 of this subpart are as follows:
    (a) As a result of the negligent or willful act of a party other 
than the organization or its employee, and the responsible party can be 
determined; or
    (b) As a result of mechanical failure and the employee was not 
otherwise negligent. Proof of the failure must be provided; or
    (c) As a result of normal wear comparable to similar vehicles.



                 Subpart 109	38.5_Scheduled Maintenance



Sec.  109-38.502  Guidelines.



Sec.  109-38.502-50  DOE guidelines.

    (a) Whenever practicable and cost effective, commercial service 
facilities shall be utilized for the maintenance of motor vehicles.
    (b) Individual vehicle maintenance records shall be kept to provide 
records of past repairs, as a control against unnecessary repairs and 
excessive maintenance, and as an aid in determining

[[Page 667]]

the most economical time for replacement.
    (c) One-time maintenance and repair limitations shall be established 
by the motor equipment fleet manager. To exceed repair limitations, 
approval of the motor equipment fleet manager is required.
    (d)(1) Motor vehicles under manufacturer's warranty shall be 
repaired under the terms of the warranty.
    (2) When motor vehicles are maintained in Government repair 
facilities in isolated locations that are distant from franchised dealer 
facilities, or when it is not practical to return the vehicles to a 
dealer, a billback agreement shall be sought from manufacturers to 
permit warranty work to be performed on a reimbursable basis.



   Subpart 109	38.7_Transfer, Storage, and Disposal of Motor Vehicles



Sec.  109-38.701  Transfer of title for Government-owned motor vehicles.



Sec.  109-38.701-50  Authority to sign Standard Form 97, 
The United States Government Certificate to Obtain Title to a Vehicle.

    The Standard Form (SF) 97 shall be signed by an appropriate 
contracting officer. The Director, Office of Management and Program 
Secretarial Officer (PSO) for their respective organizations may 
delegate the authority to sign SF 97 to responsible DOE personnel under 
their jurisdiction.



                   Subpart 109	38.8_Fleet Credit Card



Sec.  109-38.800  General.

    (a)-(c) [Reserved]
    (d) The Office of Management and Program Secretarial Officer (PSO) 
for their respective organizations shall be responsible for establishing 
procedures to provide for the administrative control of fleet credit 
cards. Administrative control shall include, as a minimum:
    (1) A reconciliation of on-hand credit cards with the inventory list 
provided by GSA,
    (2) Providing motor vehicle operators with appropriate instructions 
regarding the use and protection of credit cards against theft and 
misuse,
    (3) The taking of reasonable precautions in the event a fleet credit 
card is lost or stolen to minimize the opportunity of purchases being 
made by unauthorized persons, including notification to the paying 
office of the loss or theft,
    (4) Validation of credit card charges to ensure they are for 
official use only items, and



Sec.  109-38.801  Obtaining fleet credit card.

    A dedicated fleet credit card is issued with each GSA-leased motor 
vehicle. DOE offices electing to use fleet credit cards for agency-owned 
vehicles and motor equipment shall request the assignment of new 
accounts from the Office of Management. Following the assignment, DOE 
organizations shall submit orders for issuance of fleet credit cards in 
accordance with the instructions provided by GSA.



           Subpart 109	38.9_Federal Motor Vehicle Fleet Report



Sec.  109-38.902  Records.

    The Office of Management and OPMOs for their respective 
organizations shall establish adequate records for accounting and 
reporting purposes.



Sec.  109-38.903  Reporting of data.



Sec.  109-38.903-50  Reporting DOE motor vehicle data.

    See 41 CFR 102-34 subpart J.



            Subpart 109	38.51_Utilization of Motor Equipment



Sec.  109-38.5100  Scope of subpart.

    This subpart prescribes policies and procedures concerning the 
utilization of motor equipment.



Sec.  109-38.5101  Policy.

    It is DOE policy to keep the number of motor vehicles and other 
motor equipment at the minimum needed to satisfy programmatic 
requirements. To attain this goal, controls and practices shall be 
established which will achieve

[[Page 668]]

the most practical and economical utilization of motor equipment. These 
controls and practices apply to all DOE-owned and commercially leased 
motor equipment and to GSA Interagency Fleet Management System motor 
vehicles.



Sec.  109-38.5102  Utilization controls and practices.

    Controls and practices to be used by DOE organizations and 
designated contractors for achieving maximum economical utilization of 
motor equipment shall include, but not be limited to:
    (a) The maximum use of motor equipment pools, taxicabs, shuttle 
buses, or other common service arrangements;
    (b) The minimum, practicable assignment of motor equipment to 
individuals, groups, or specific organizational components;
    (c) The maintenance of individual motor equipment use records, such 
as trip tickets or vehicle logs, or hours of use, as appropriate, 
showing sufficiently detailed information to evaluate appropriateness of 
assignment and adequacy of use being made. If one-time use of a motor 
vehicle is involved, such as assignments from motor pools, the 
individual's trip records must, as a minimum, identify the motor vehicle 
and show the name of the operator, dates, destination, time of departure 
and return, and mileage;
    (d) The rotation of motor vehicles between high and low mileage 
assignments where practicable to maintain the fleet in the best overall 
replacement age and mileage balance and operating economy;
    (e) The charging, if considered feasible, to the user organization 
for the cost of operating and maintaining motor vehicles assigned to 
groups or organizational components. These charge-back costs should 
include all direct and indirect costs of the motor vehicle fleet 
operation as determined by the field organization and contractor finance 
and accounting functions;
    (f) The use of dual-purpose motor vehicles capable of hauling both 
personnel and light cargo whenever appropriate to avoid the need for two 
motor vehicles when one can serve both purposes. However, truck-type or 
van vehicles shall not be acquired for passenger use merely to avoid 
statutory limitations on the number of passenger motor vehicles which 
may be acquired;
    (g) The use of motor scooters and motorcycles in place of higher 
cost motor vehicles for certain applications within plant areas, such as 
mail and messenger service and small parts and tool delivery. Their 
advantage, however, should be weighed carefully from the standpoint of 
overall economy (comparison with cost for other types of motor vehicles) 
and increased safety hazards, particularly when mingled with other motor 
vehicle traffic; and
    (h) The use of electric vehicles for certain applications. The use 
of these vehicles is encouraged wherever it is feasible to use them to 
further the goal of fuel conservation.



Sec.  109-38.5103  Motor vehicle utilization standards.

    (a) The following average utilization standards are established for 
DOE as objectives for those motor vehicles operated generally for those 
purposes for which acquired:
    (1) Sedans and station wagons, general purpose use--12,000 miles per 
year.
    (2) Light trucks (4 x 2's) and general purpose vehicles, one ton and 
under (less than 12,500 GVWR)--10,000 miles per year.
    (3) Medium trucks and general purpose vehicles, 1\1/2\ ton through 
2\1/2\ ton (12,500 to 23,999 GVWR)--7,500 miles per year.
    (4) Heavy trucks and general purpose vehicles, three ton and over 
(24,000 GVWR and over)--7,500 miles per year.
    (5) Truck tractors--10,000 miles per year.
    (6) All-wheel-drive vehicles--7,500 miles per year.
    (7) Other motor vehicles--No utilization standards are established 
for other trucks, ambulances, buses, law enforcement motor vehicles, and 
special purpose vehicles. The use of these motor vehicles shall be 
reviewed at least annually by the motor equipment fleet manager and 
action shall be taken and documented to verify that the motor vehicles 
are required to meet programmatic, health, safety, or security 
requirements.

[[Page 669]]

    (b) When operating circumstances prevent the above motor vehicle 
utilization standards from being met, local use objectives must be 
established and met as prescribed in Sec.  109-38.5105 of this subpart.



Sec.  109-38.5104  Other motor equipment utilization standards.

    No utilization standards are established for motor equipment other 
than motor vehicles. Each DOE office should establish through an 
agreement between the fleet manager and the OPMO utilization criteria 
for other motor equipment including heavy mobile equipment and review, 
adjust, and approve such criteria annually. Utilization of various 
classifications of other motor equipment can be measured through various 
statistics including miles, hours of use, number of trips, and fuel 
consumption. A utilization review of other motor equipment shall be 
performed at least annually by the motor equipment fleet manager to 
justify retainment or disposition of excess equipment not needed to 
fulfill Departmental, programmatic, health, safety, or security 
requirements.



Sec.  109-38.5105  Motor vehicle local use objectives.

    (a) Individual motor vehicle utilization cannot always be measured 
or evaluated strictly on the basis of miles operated or against any 
Department-wide mileage standard. For example, light trucks specifically 
fitted for use by a plumber, welder, etc., in the performance of daily 
work assignments, would have uniquely tailored use objectives, different 
from those set forth for a truck used for general purposes. Accordingly, 
efficient local use objectives, which represent practical units of 
measurement for motor vehicle utilization and for planning and 
evaluating future motor vehicle requirements, must be established and 
documented by the Organizational Motor Equipment Fleet Manager. The 
objectives should take into consideration past performance, future 
requirements, geographical disbursement, and special operating 
requirements.
    (b) These objectives shall be reviewed and adjusted as appropriate, 
but not less often than annually, by the motor equipment fleet manager. 
The reviews shall be documented. The Organizational Motor Equipment 
Fleet Manager is responsible for reviewing and approving in writing all 
proposed local use objectives.



Sec.  109-38.5106  Application of motor vehicle use goals.

    (a) At least annually, the motor equipment fleet manager will review 
motor vehicle utilization statistics and all motor vehicles failing to 
meet the applicable DOE utilization standard or local use objective must 
be identified.
    (b) Prompt action must be initiated to:
    (1) Reassign the underutilized motor vehicles;
    (2) Dispose of the underutilized motor vehicles; or
    (3) Obtain a special justification from users documenting their 
continued requirement for the motor vehicle and any proposed actions to 
improve utilization. Any requirement for underutilized motor vehicles 
which the motor equipment fleet manager proposes to continue in its 
assignment, must be submitted in writing to the Organizational Motor 
Equipment Fleet Manager for approval.
    (c) Both Department-wide standards and local use objectives should 
be applied in such a manner that their application does not stimulate 
motor vehicle use for the purpose of meeting the objective. The ultimate 
standard against which motor vehicle use must be measured is that the 
minimum number of motor vehicles will be retained to satisfy program 
requirements.



                      Subpart 109	38.52_Watercraft



Sec.  109-38.5200  Scope of subpart.

    This subpart establishes basic policies and procedures that apply to 
the management of watercraft operated by DOE organizations and 
designated contractors. The head of each Departmental organization 
operating watercraft shall issue such supplemental instructions as may 
be needed to ensure the efficient use and management of watercraft.

[[Page 670]]



Sec.  109-38.5201  Definition.

    As used in this subpart the following definition applies:
    Watercraft means any vessel used to transport persons or material on 
water.



Sec.  109-38.5202  Watercraft operations.

    (a) No person may operate a watercraft on a waterway until skill of 
operation and basic watercraft knowledge have been demonstrated.
    (b) Operators of watercraft shall check the vessel to ensure that 
necessary equipment required by laws applicable to the area of operation 
are present, properly stowed, and in proper working order.
    (c) Operators shall comply with all applicable Federal, state, and 
local laws pertaining to the operation of watercraft.
    (d) Operators shall not use watercraft or carry passengers except in 
the performance of official Departmental assignments.



Sec.  109-38.5203  Watercraft identification and numbers.

    Watercraft in the custody of DOE or designated contractors shall 
display identifying numbers, whether issued by the U.S. Coast Guard, 
State, or local field organization, in accordance with applicable 
requirements.



PART 109	39_INTERAGENCY FLEET MANAGEMENT SYSTEMS--Table of Contents



  Subpart 109	39.1_Establishment, Modification, and Discontinuance of 
                  Interagency Fleet Management Systems

Sec.
109-39.101 Notice of intention to begin a study.
109-39.101-1 Agency cooperation.
109-39.103 Agency appeals.
109-39.105 Discontinuance or curtailment of service.
109-39.105-2 Agency requests to withdraw participation.
109-39.106 Unlimited exemptions.
109-39.107 Limited exemptions.

Subpart 109	39.3_Use and Care of GSA Interagency Fleet Management System 
                                Vehicles

109-39.300 General.
109-39.301 Utilization guidelines.

    Authority: 42 U.S.C. 7254.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



  Subpart 109	39.1_Establishment, Modification, and Discontinuance of 
                  Interagency Fleet Management Systems



Sec.  109-39.101  Notice of intention to begin a study.



Sec.  109-39.101-1  Agency cooperation.

    The Office of Management and Program Secretarial Officer (PSO) for 
their respective organizations shall designate representatives to 
coordinate with GSA concerning the establishment of a GSA fleet 
management system to serve their organization.



Sec.  109-39.103  Agency appeals.

    The Office of Management and Program Secretarial Officer (PSO) for 
their respective organizations may appeal, or request exemption from, a 
determination made by GSA concerning the establishment of a fleet 
management system. A copy of the appeal or request shall be forwarded to 
the DPMO.



Sec.  109-39.105  Discontinuance or curtailment of service.



Sec.  109-39.105-2  Agency requests to withdraw participation.

    Should circumstances arise that would tend to justify discontinuance 
or curtailment of participation by a DOE organization of a given 
interagency fleet management system, the participating organization 
should forward complete details to the DPMO for consideration and 
possible referral to the Administrator of General Services.



Sec.  109-39.106  Unlimited exemptions.

    The Office of Management and Program Secretarial Officer (PSO) for 
their respective organizations shall make the determination that an 
unlimited exemption from inclusion of a motor vehicle in a fleet 
management system is warranted. A copy of the determination shall be 
forwarded to GSA and to the Office of Management.

[[Page 671]]



Sec.  109-39.107  Limited exemptions.

    The Office of Management and Program Secretarial Officer (PSO) for 
their respective organizations shall seek limited exemptions from the 
fleet management system.



Subpart 109	39.3_Use and Care of GSA Interagency Fleet Management System 
                                Vehicles



Sec.  109-39.300  General.

    (a)-(c) [Reserved]
    (d) Motor equipment fleet managers shall ensure that operators and 
passengers in GSA Interagency Fleet Management System (IFMS), agency-
owned and agency commercially-leased motor vehicles are aware of the 
prohibition against the use of tobacco products in these vehicles.



Sec.  109-39.301  Utilization guidelines.

    DOE activities utilizing GSA IFMS motor vehicles will receive and 
review vehicle utilization statistics in order to determine if miles 
traveled justify vehicle inventory levels. Activities should retain 
justification for the retention of vehicles not meeting DOE utilization 
guidelines or established local use objectives, as appropriate. Those 
vehicles not justified for retention shall be returned to the issuing 
GSA interagency fleet management center.



PART 109	40_TRANSPORTATION AND TRAFFIC MANAGEMENT--Table of Contents



                   Subpart 109	40.1_General Provisions

Sec.
109-40.000 Scope of part.
109-40.000-50 Applicability to contractors.
109-40.102 Representation before regulatory bodies.
109-40.103 Selection of carriers.
109-40.103-1 Domestic transportation.
109-40.103-2 Disqualification and suspension of carriers.
109-40.103-3 International transportation.
109-40.104 Use of Government-owned transportation equipment.
109-40.109 Utilization of special contracts and agreements.
109-40.110 Assistance to economically disadvantaged transportation 
          businesses.
109-40.110-1 Small business assistance.
109-40.110-2 Minority business enterprises.
109-40.112 Transportation factors in the location of Government 
          facilities.
109-40.113 Insurance against transportation hazards.

                   Subpart 109	40.3_Traffic Management

109-40.301 Traffic management functions administration.
109-40.302 Standard routing principle.
109-40.303-3 Most fuel efficient carrier/mode.
109-40.304 Rate tenders to the Government.
109-40.305-50 [Reserved]
109-40.306-1 Recommended rate tender format.
109-40.306-2 Required shipping documents and annotations.
109-40.306-3 Distribution.

                    Subpart 109	40.50_Bills of Lading

109-40.5000 Scope of subpart.
109-40.5001 Policy.
109-40.5002 Applicability.
109-40.5003 Commercial bills of lading.
109-40.5004 Government bills of lading.
109-40.5005 Description of property for shipment.

  Subpart 109	40.51_Price-Anderson Coverage Certifications for Nuclear 
                                Shipments

109-40.5100 Scope of subpart.
109-40.5101 Policy.

    Authority: Sec. 161, as amended, 68 Stat. 948; 42 U.S.C. 2201; sec. 
205, as amended, 63 Stat. 390; 40 U.S.C. 121; sec. 644, 91 Stat. 585, 42 
U.S.C. 7254.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



                   Subpart 109	40.1_General Provisions



Sec.  109-40.000  Scope of part.

    This part describes DOE regulations governing transportation and 
traffic management activities. It also covers arrangements for 
transportation and related services by bill of lading. These regulations 
are designed to ensure that all transportation and traffic management 
activities will be carried out in the manner most advantageous to the 
Government in terms of economy, efficiency, service, environment, safety 
and security.

[[Page 672]]



Sec.  109-40.000-50  Applicability to contractors.

    DOE-PMR 109-40, Transportation and Traffic Management, should be 
applied to cost-type contractors' transportation and traffic management 
activities. Departure by cost-type contractors from the provisions of 
these regulations may be authorized by the contracting officer provided 
the practices and procedures followed are consistent with the basic 
policy objectives in these regulations and DOE Order 460.2, Departmental 
Materials Transportation and Packaging Management, except to the extent 
such departure is prohibited by statute or executive order.



Sec.  109-40.102  Representation before regulatory bodies.

    Participation in proceedings related to carrier applications to 
regulatory bodies for temporary or permanent authority to operate in 
specified geographical locations shall be confined to statements or 
testimony in support of a need for service and shall not extend to 
support of individual carriers or groups of carriers.



Sec.  109-40.103  Selection of carriers.



Sec.  109-40.103-1  Domestic transportation.

    (a) Preferential treatment, normally, shall not be accorded to any 
mode of transportation (motor, rail, air, water) or to any particular 
carrier when arranging for domestic transportation services. However 
where, for valid reasons, a particular mode of transportation or a 
particular carrier within that mode must be used to meet specific 
program requirements and/or limitations, only that mode or carrier shall 
be considered. Examples of valid reasons for considering only a 
particular mode or carrier are:
    (1) Where only a certain mode of transportation or individual 
carrier is able to provide the needed service or is able to meet the 
required delivery date; and
    (2) Where the consignee's installation and related facilities 
preclude or are not conducive to service by all modes of transportation.
    (b) The following factors are considered in determining whether a 
carrier or mode of transportation can meet DOE's transportation service 
requirements for each individual shipment:
    (1) Availability and suitability of carrier equipment;
    (2) Carrier terminal facilities at origin and destination;
    (3) Pickup and delivery service, if required;
    (4) Availability of required or accessorial and special services, if 
needed;
    (5) Estimated time in transit;
    (6) Record of past performance of the carrier; and
    (7) Availability and suitability of transit privileges.



Sec.  109-40.103-2  Disqualification and suspension of carriers.

    Disqualification and suspension are measures which exclude carriers 
from participation, for temporary periods of time, in DOE traffic. To 
ensure that the Government derives the benefits of full and free 
competition of interested carriers, disqualification and suspension 
shall not apply for any period of time longer than necessary to protect 
the interests of the Government.



Sec.  109-40.103-3  International transportation.

    See 49 U.S.C. 41102 for a certificate required in nonuse of U.S. 
flag vessels or U.S. flag certificated air carriers.
    (a) U.S.-flag ocean carriers. Arrangements for international ocean 
transportation services shall be made in accordance with the provisions 
of section 901(b) of the Merchant Marine Act of 1936, as amended (46 
U.S.C. 1241(b)) concerning the use of privately owned U.S.-flag vessels.
    (b) U.S.-flag certificated air carriers. Arrangements for 
international air transportation services shall be made in accordance 
with the provisions of section 5(a) of the International Air 
Transportation Fair Competition Practices Act of 1974 (49 U.S.C. 40118), 
which requires the use of U.S.-flag certificated air carriers for 
international travel of persons or property to the extent that services 
by these carriers is available.

[[Page 673]]



Sec.  109-40.104  Use of Government-owned transportation equipment.

    The preferred method of transporting property for the Government is 
through use of the facilities and services of commercial carriers. 
However, Government vehicles may be used when they are available to meet 
emergencies and accomplish program objectives which cannot be attained 
through use of commercial carriers.



Sec.  109-40.109  Utilization of special contracts and agreements.

    From time to time special transportation agreements are entered into 
on a Government-wide or DOE-wide basis and are applicable, generally, to 
DOE shipments. The HQ DOE Manager, Transportation Operations and 
Traffic, will distribute information on such agreements to field offices 
as it becomes available.



Sec.  109-40.110  Assistance to economically disadvantaged transportation
businesses.



Sec.  109-40.110-1  Small business assistance.

    Consistent with the policies of the Government with respect to small 
businesses, DOE shall place with small business concerns a fair 
proportion of the total purchases and contracts for transportation and 
related services such as packing and crating, loading and unloading, and 
local drayage.



Sec.  109-40.110-2  Minority business enterprises.

    Minority business enterprises shall have the maximum practical 
opportunity to participate in the performance of Government contracts. 
DOE shall identify transportation-related minority enterprises and 
encourage them to provide services that will support DOE's 
transportation requirements.



Sec.  109-40.112  Transportation factors in the location of Government facilities.

    Transportation rate, charges, and commercial carrier transportation 
services shall be considered and evaluated prior to the selection of new 
site locations and during the planning and construction phases in the 
establishment of leased or relocated Government installations or 
facilities to ensure that consideration is given to the various 
transportation factors that may be involved in this relocation or 
deactivation.



Sec.  109-40.113  Insurance against transportation hazards.

    The policy of the Government with respect to insurance of its 
property while in the possession of commercial carriers is set forth in 
41 CFR 1-19.107.



                   Subpart 109	40.3_Traffic Management



Sec.  109-40.301  Traffic management functions administration.

    The DOE traffic management functions are accomplished by established 
field traffic offices under provisions of appropriate Departmental 
directives and Headquarters' staff traffic management supervision.



Sec.  109-40.302  Standard routing principle.

    (a) Shipments shall be routed using the mode of transportation, or 
individual carriers within the mode, that can provide the required 
service at the lowest overall delivered cost to the Government.
    (b) When more than one mode of transportation, or more than one 
carrier within a mode, can provide equally satisfactory service at the 
same overall cost the traffic shall be distributed as equitably as 
practicable among the modes and among the carriers within the modes.



Sec.  109-40.303-3  Most fuel efficient carrier/mode.

    When more than one mode, or more than one carrier within a mode, can 
satisfy the service requirements of a specific shipment at the same 
lowest aggregate delivered cost, the carrier/mode determined to be the 
most fuel efficient will be selected. In determining the most fuel 
efficient carrier/mode, consideration will be given to such factors as 
use of the carrier's equipment in ``turn around'' service, proximity of 
carrier equipment to the shipping activity, and ability of the

[[Page 674]]

carrier to provide the most direct service to the destination points.



Sec.  109-40.304  Rate tenders to the Government.

    Under the provisions of the Interstate Commerce Act (49 U.S.C. 
10721), common carriers are permitted to submit to the Government 
tenders which contain rates lower than published tariff rates available 
to the general public. In addition, rates tenders may be applied to 
shipments other than those made by the Government provided the total 
benefits accrue to the Government; that is, provided the Government pays 
the charges or directly and completely reimburses the party that 
initially bears the freight charges (323 ICC 347 and 332 ICC 161).



Sec.  109-40.305-50  [Reserved]



Sec.  109-40.306-1  Recommended rate tender format.

    Only those rate tenders which have been submitted by the carriers in 
writing shall be considered for use. Carriers should be encouraged to 
use the format ``Uniform Tender of Rates and/or Charges for 
Transportation Services'' when preparing and submitting rate tenders to 
the Government. Rate tenders that are ambiguous in meaning shall be 
resolved in favor of the Government.



Sec.  109-40.306-2  Required shipping documents and annotations.

    (a) To qualify for transportation under section 10721 rates, 
property must be shipped by or for the Government on:
    (1) Government bills of lading;
    (2) Commercial bills of lading endorsed to show that these bills of 
lading are to be converted to Government bills of lading after delivery 
to the consignee;
    (3) Commercial bills of lading showing that the Government is either 
the consignor or the consignee and endorsed with the following 
statement:

    Transportation hereunder is for the U.S. Department of Energy, and 
the actual total transportation charges paid to the carrier(s) by the 
consignor or consignee are assignable to, and are to be reimbursed by, 
the Government.

    (b) When a rate tender is used for transportation furnished under a 
cost-reimbursable contract, the following endorsement shall be used on 
covering commercial bills of lading:

    Transportation hereunder is for the U.S. Department of Energy, and 
the actual total transportation charges paid to the carrier(s) by the 
consignor or consignee are to be reimbursed by the Government, pursuant 
to cost-reimbursable contract number (insert contract number). This may 
be confirmed by contacting the agency representative at (name and 
telephone number).
    See 332 ICC 161.

    (c) To ensure proper application of a Government rate tender on all 
shipments qualifying for their use, the issuing officer shall show on 
the bills of lading covering such shipments the applicable rate tender 
number and carrier identification, such as: ``Section 10721 tender, ABC 
Transportation Company, ICC No. 374.'' In addition, if commercial bills 
of lading are used, they shall be endorsed as specified above.



Sec.  109-40.306-3  Distribution.

    Each agency receiving rate tenders shall promptly submit one signed 
copy to the Transportation and Public Utilities Service (WIT), General 
Services Administration, Washington, DC 20407. Also, two copies 
(including at least one signed copy) shall be promptly submitted to the 
General Services Administration (TA), Chester A. Arthur Building, 
Washington, DC 20406.



                    Subpart 109	40.50_Bills of Lading



Sec.  109-40.5000  Scope of subpart.

    This subpart sets forth the requirements under which commercial or 
Government bills of lading may be used.



Sec.  109-40.5001  Policy.

    Generally DOE cost-type contractors will use commercial bills of 
lading in making shipments for the account of DOE. Cost-type contractors 
may be authorized by the contracting officer to use Government bills of 
lading if such use will be advantageous to the Government. Such 
authorizations shall be coordinated with the HQ DOE Manager, 
Transportation Operations and Traffic.

[[Page 675]]



Sec.  109-40.5002  Applicability.

    The policy and procedures set forth in this subpart shall be applied 
when DOE's cost-type contractors use commercial bills of lading.



Sec.  109-40.5003  Commercial bills of lading.

    (a) DOE's cost-type contractors using commercial bills of lading in 
making shipments for the account of DOE shall include the following 
statement on all commercial bills of lading:

    This shipment is for the account of the U.S. Government which will 
assume the freight charges and is subject to the terms and conditions 
set forth in the standard form of the U.S. Government bills of lading 
and to any available special rates or charges.

    (b) The language in paragraph (a) of this section may be varied 
without materially changing its substance to satisfy the needs of 
particular cost-type contractors for the purpose of obtaining the 
benefit of the lowest available rates for the account of the Government.
    (c) Where practicable, commercial bills of lading shall provide for 
consignment of a shipment to DOE c/o the cost-type contractor or by the 
contractor ``for the DOE.''
    (d) Commercial bills of lading exceeding $10,000 issued by cost-type 
contractors shall be annotated with a typewritten, rubber stamp, or 
similar impression containing the following wording:

    Equal Employment Opportunity. All provisions of Executive Order 
11246, as amended by Executive Order 11375, and of the rules, 
regulations, and relevant orders of the Secretary of Labor are 
incorporated herein.



Sec.  109-40.5004  Government bills of lading.

    In those instances where DOE cost-type contractors are authorized to 
use Government bills of lading, specific employees of cost-type 
contractors will be authorized by the contracting officer to issue such 
Government bills of lading (see Title V, U.S. Government Accounting 
Office Policy and Procedures Manual for Guidance of Federal Agencies).



Sec.  109-40.5005  Description of property for shipment.

    (a) Each shipment shall be described on the bill of lading or other 
shipping document as specified by the governing freight classification, 
carrier's tariff, or rate tender. Shipments shall be described as 
specifically as possible. Trade names such as ``Foamite'' or 
``Formica,'' or general terms such as ``vehicles,'' ``furniture,'' or 
``Government supplies,'' shall not be used as bill of lading 
descriptions.
    (b) A shipment containing hazardous materials, such as explosives, 
radioactive materials, flammable liquids, flammable solids, oxidizers, 
or poison A or poison B, shall be prepared for shipment and described on 
bills of lading or other shipping documents in accordance with the 
Department of Transportation Hazardous Materials Regulation, 49 CFR, 
subchapter C.



  Subpart 109	40.51_Price-Anderson Coverage Certifications for Nuclear 
                                Shipments



Sec.  109-40.5100  Scope of subpart.

    This subpart sets forth the policy for issuance of certifications 
regarding Price-Anderson coverage of particular shipments of nuclear 
materials.



Sec.  109-40.5101  Policy.

    Upon request of a carrier, an appropriate certification will be 
issued by an authorized representative of the DOE to the carrier 
regarding the applicability of Price-Anderson indemnity to a particular 
shipment. Copies of such certifications, if performed by a Field Manager 
or a DOE cost-type contractor, shall be provided to the HQ DOE Manager, 
Transportation Operations and Traffic.



                       SUBCHAPTERS B	G [RESERVED]



[[Page 676]]



                  SUBCHAPTER H_UTILIZATION AND DISPOSAL





PART 109	42_UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND CERTAIN CATEGORIES OF PROPERTY--Table of Contents



   Subpart 109	42.11_Special Types of Hazardous Material and Certain 
                         Categories of Property

Sec.
109-42.1100.50 Scope of subpart.
109-42.1100.51 Policy.
109-42.1102-8 United States Munitions List items which require 
          demilitarization.
109-42.1102-51 Suspect personal property.
109-42.1102-52 Low level contaminated personal property.

    Authority: 40 U.S.C. 121.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



   Subpart 109	42.11_Special Types of Hazardous Material and Certain 
                         Categories of Property



Sec.  109-42.1100.50  Scope of subpart.

    This subpart sets forth policies and procedures for the utilization 
and disposal outside of DOE of excess and surplus personal property 
which has been radioactively or chemically contaminated.



Sec.  109-42.1100.51  Policy.

    When the holding organization determines it is appropriate to 
dispose of contaminated personal property, it shall be disposed of by 
DOE in accordance with appropriate Federal regulations governing 
radiation/chemical exposure and environmental contamination. In special 
cases where Federal regulations do not exist or apply, appropriate state 
and local regulations shall be followed.



Sec.  109-42.1102-8  United States Munitions List items which require demilitarization.

    Program Secretarial Officer (PSO) shall determine demilitarization 
requirements regarding combat material and military personal property 
using DoD 4160.21-M-1, Defense Demilitarization Manual as a guide.



Sec.  109-42.1102-51  Suspect personal property.

    (a) Excess personal property (including scrap) having a history of 
use in an area where radioactive or chemical contamination may occur 
shall be considered suspect and shall be monitored using appropriate 
instruments and techniques by qualified personnel of the DOE office or 
contractor generating the excess.
    (b) With due consideration to the economic factors involved, every 
effort shall be made to reduce the level of contamination of excess or 
surplus personal property to the lowest practicable level. Contaminated 
personal property that exceeds applicable contamination standards shall 
not be utilized or disposed outside DOE.
    (c) If contamination is suspected and the property is of such size, 
construction, or location as to make testing for contamination 
impossible, the property shall not be utilized or disposed outside of 
DOE.



Sec.  109-42.1102-52  Low level contaminated personal property.

    If monitoring of suspect personal property indicates that 
contamination does not exceed applicable standards, it may be utilized 
and disposed of in the same manner as uncontaminated personal property, 
provided the guidance in Sec.  109-45.5005-1(a) of this chapter has been 
considered. However, recipients shall be advised where levels of 
radioactive contamination require specific controls for shipment as 
provided in Department of Transportation Regulations (49 CFR parts 171-
179) for shipment of radioactive personal property. In addition, when 
any contaminated personal property is screened within DOE, reported to 
GSA, or otherwise disposed of, the kind and degree of contamination must 
be plainly indicated on all pertinent documents.

[[Page 677]]



PART 109	43_UTILIZATION OF PERSONAL PROPERTY--Table of Contents



Sec.
109-43.001 Definition.

                   Subpart 109	43.1_General Provisions

109-43.101 Agency utilization reviews.
109-43.103 Agency utilization officials.

                 Subpart 109	43.3_Utilization of Excess

109-43.302 Agency responsibility.
109-43.302-50 Utilization by designated contractors.
109-43.304 Reporting requirements.
109-43.304-1 Reporting.
109-43.304-1.50 DOE reutilization screening.
109-43.304-1.51 [Reserved]
109-43.304-2 [Reserved]
109-43.304-4 [Reserved]
109-43.305 [Reserved]
109-43.305-50 Nuclear-related and proliferation-sensitive personal 
          property.
109-43.307 Items requiring special handling.
109-43.307-2 Hazardous materials.
109-43.307-2.50 Monitoring of hazardous personal property.
109-43.307-2.51 Holding hazardous personal property.
109-43.307-50 Export controlled personal property.
109-43.307-51 Classified personal property.
109-43.307-52 Nuclear-related or proliferation-sensitive personal 
          property.
109-43.307-53 Information Technology (IT).
109-43.307-54 Unsafe personal property.
109-43.312 Use of excess personal property on cost-reimbursement 
          contracts.
109-43.313 Use of excess personal property on cooperative agreements.
109-43.314 Use of excess personal property on grants.

    Subpart 109	43.5_Utilization of Foreign Excess Personal Property

109-43.502 Holding agency responsibilities.

                        Subpart 109	43.47_Reports

109-43.4701 Performance reports.

 Subpart 109	43.50_Utilization of Personal Property Held for Facilities 
                               in Standby

109-43.5000 Scope of subpart.
109-43.5001 Definition.
109-43.5002 Reviews to determine need for retaining items.

    Authority: 40 U.S.C. 121.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



Sec.  109-43.001  Definition.

    DOE screening period means the period of time that reportable 
existing personal property is screened throughout DOE for reutilization 
purposes and, for selected items, through the Used Laboratory Equipment 
Donation Program (LEDP).



                   Subpart 109	43.1_General Provisions



Sec.  109-43.101  Agency utilization reviews.

    DOE offices and designated contractors are responsible for 
continuously surveying property under their control to assure maximum 
use, and shall promptly identify property that is excess to their needs 
and make it available for use elsewhere.



Sec.  109-43.103  Agency utilization officials.

    The Property Executive is designated as the DOE National Utilization 
Officer.



                 Subpart 109	43.3_Utilization of Excess



Sec.  109-43.302  Agency responsibility.



Sec.  109-43.302-50  Utilization by designated contractors.

    Program Secretarial Officer (PSO) may authorize designated 
contractors to perform the functions pertaining to the utilization of 
excess personal property normally performed by a Federal agency, 
provided the designated contractors have written policies and 
procedures.



Sec.  109-43.304  Reporting requirements.



Sec.  109-43.304-1  Reporting.



Sec.  109-43.304-1.50  DOE reutilization screening.

    (a) Personal property must be processed through DOE electronic 
internal screening prior to reporting excess personal property to GSA.
    (b) An additional 30-day screening period shall be allocated for 
items eligible for screening by educational institutions through LEDP.

[[Page 678]]

    (c) Items in FSCG 66 (Instruments and Laboratory Equipment), 70 
(General Purpose Information Processing Equipment (including firmware)), 
and 99 (Miscellaneous) are reportable.
    (d) The Department of Energy National Utilization Officer (NUO) may 
authorize in exceptional or unusual cases when time is critical, 
screening of excess property may be accomplished by with due 
consideration given to the additional costs involved. Examples of 
situations when this method of screening would be used are when there is 
a requirement for quick disposal actions due to unplanned contract 
terminations or facilities closing; to alleviate the paying of storage 
costs; when storage space is critical; to process exchange/sale 
transactions; property dangerous to public health and safety; property 
determined to be classified or otherwise sensitive for reasons of 
national security (when classified communications facilities are used); 
or for hazardous materials which may not be disposed of outside of the 
Department.
    (e) Concurrent DOE and Federal agency screening shall not be 
conducted.



Sec.  109-43.304-1.51  [Reserved]



Sec.  109-43.304-2  [Reserved]



Sec.  109-43.304-4  [Reserved]



Sec.  109-43.305  [Reserved]



Sec.  109-43.305-50  Nuclear-related and proliferation-sensitive personal property.

    Nuclear-related and proliferation-sensitive property is not 
reportable and shall not be formally screened within DOE or reported to 
GSA.



Sec.  109-43.307  Items requiring special handling.



Sec.  109-43.307-2  Hazardous materials.



Sec.  109-43.307-2.50  Monitoring of hazardous personal property.

    To provide assurance that hazardous personal property is not being 
inadvertently released from the site by transfer or sale to the public, 
all hazardous or suspected hazardous personal property shall be checked 
for contamination by environmental, safety, and health officials. 
Contamination-free personal property will be tagged with a certification 
tag authorizing release for transfer or sale. Contaminated personal 
property will be referred back to the program office for appropriate 
action.



Sec.  109-43.307-2.51  Holding hazardous personal property.

    Excess or surplus hazardous personal property shall not be 
commingled with non-hazardous personal property while waiting 
disposition action.



Sec.  109-43.307-50  Export controlled personal property.

    (a) When personal property that is subject to export controls is 
being exported directly by DOE (e.g., a transfer of nuclear equipment or 
materials as part of a program of cooperation with another country), DOE 
or the DOE contractor must obtain the necessary export license.
    (b) When personal property subject to export controls is transferred 
under work-for-others agreements, co-operative agreements, or technical 
programs, the recipients will be informed in writing that:
    (1) The property is subject to export controls;
    (2) They are responsible for obtaining export licenses or 
authorizations prior to transferring or moving the property to another 
country; and
    (3) They are required to pass on export control guidance if they 
transfer the property to another domestic or foreign recipient.



Sec.  109-43.307-51  Classified personal property.

    Classified personal property which is excess to DOE needs shall be 
stripped of all characteristics which cause it to be classified, or 
otherwise rendered unclassified, as determined by the cognizant program 
office, prior to any disposition action. The cognizant program office 
shall certify that appropriate action has been taken to declassify the 
personal property as required. Declassification shall be accomplished in 
a manner which will preserve, so far as practicable, any civilian 
utility or commercial value of the personal property.

[[Page 679]]



Sec.  109-43.307-52  Nuclear-related or proliferation-sensitive personal property.

    (a) Recognizing that property disposal officials will not have the 
technical knowledge to identify nuclear-related and proliferation-
sensitive personal property, all such personal property shall be 
physically tagged with a certification signed by an authorized program 
official at time of determination by the program office of the personal 
property as excess. Such an authorized official should be designated in 
writing with signature cards on file in the property office.
    (b) Nuclear-related and proliferation-sensitive personal property 
which is excess to DOE needs shall be stripped of all characteristics 
which cause it to be nuclear-related or proliferation-sensitive personal 
property, as determined by the cognizant program office, prior to 
disposal. The cognizant program office shall certify that appropriate 
actions have been taken to strip the personal property as required, or 
shall provide the property disposal office with adequate instructions 
for stripping the items. Such action shall be accomplished in a manner 
which will preserve, so far as practicable, any civilian utility or 
commercial value of the personal property.



Sec.  109-43.307-53  Information Technology (IT).

    All IT shall be sanitized before being transferred into excess to 
ensure that all data, information, and software has been removed from 
the equipment. Designated computer support personnel must indicate that 
the equipment has been sanitized by attaching a certification tag to the 
item. Sanitized IT will be utilized and disposed in accordance with the 
provisions of the FPMR/FMR.



Sec.  109-43.307-54  Unsafe personal property.

    Personal property that is considered defective or unsafe must be 
mutilated prior to shipment for disposal.



Sec.  109-43.312  Use of excess personal property on cost-reimbursement contracts.

    (a) [Reserved]
    (b) It is DOE policy for designated contractors to use Government 
excess personal property to the maximum extent possible to reduce 
contract costs. However, the determination required in 41 CFR 101-
43.312(b) does not apply to such contracts, and a DOE official is not 
required to execute transfer orders for authorized designated 
contractors. The procedures prescribed in 41 CFR 101-43.309-5 for 
execution of transfer orders apply.



Sec.  109-43.313  Use of excess personal property on cooperative agreements.

    (a)-(c) [Reserved]
    (d) Program Secretarial Officer (PSO) shall ensure that required 
records are maintained in a current status.



Sec.  109-43.314  Use of excess personal property on grants.

    (a)-(e) [Reserved]
    (f) Program Secretarial Officer (PSO) shall ensure that the records 
required by 41 CFR 101-43.314(f) are maintained.



    Subpart 109	43.5_Utilization of Foreign Excess Personal Property



Sec.  109-43.502  Holding agency responsibilities.

    (a) [Reserved]
    (b) Property which remains excess after utilization screening within 
the general foreign geographical area where the property is located 
shall be reported to the accountable field office or Headquarters 
program organization for consideration for return to the United States 
for further DOE or other Federal utilization. The decision to return 
property will be based on such factors as acquisition cost, residual 
value, condition, usefulness, and cost of transportation.



                        Subpart 109	43.47_Reports



Sec.  109-43.4701  Performance reports.

    (a)-(b) [Reserved]
    (c) The annual report of personal property furnished (e.g., 
transfers, gifts, loans, leases, license agreements, and sales) to non-
Federal recipients, including elementary and secondary schools, is 
furnished to GSA in accordance with 41 CFR 102-38. Internal DOE

[[Page 680]]

personal property reports must be submitted to the Office of Management 
at the date determined by the Property Executive.



 Subpart 109	43.50_Utilization of Personal Property Held for Facilities 
                               in Standby



Sec.  109-43.5000  Scope of subpart.

    This subpart supplements 41 CFR part 101-43 by providing policies 
and procedures for the economic and efficient utilization of personal 
property associated with facilities placed in standby status.



Sec.  109-43.5001  Definition.

    Facility in standby means a complete plant or section of a plant, 
which is neither in service or declared excess.



Sec.  109-43.5002  Reviews to determine need for retaining items.

    Procedures and practices shall require an initial review at the time 
the plant is placed in standby to determine which items can be made 
available for use elsewhere within the established start-up criteria; 
periodic reviews (no less than biennially) to determine need for 
continued retention of property; and special reviews when a change in 
start-up time is made or when circumstances warrant. Such procedures 
should recognize that:
    (a) Equipment, spares, stores items, and materials peculiar to a 
plant should be retained for possible future operation of the plant;
    (b) Where practicable, common-use stores should be removed and used 
elsewhere; and
    (c) Uninstalled equipment and other personal property not required 
should be utilized elsewhere on-site or be disposed of as excess.



PART 109	44_DONATION OF PERSONAL PROPERTY--Table of Contents



         Subpart 109	44.7_Donations of Property to Public Bodies

Sec.
109-44.701 Findings justifying donation to public bodies.
109-44.702 Donations to public bodies.
109-44.702-3 Hazardous materials.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 121.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



         Subpart 109	44.7_Donations of Property to Public Bodies



Sec.  109-44.701  Findings justifying donation to public bodies.

    The Office of Management and Program Secretarial Officer (PSO) shall 
appoint officials to make required findings and reviews.



Sec.  109-44.702  Donations to public bodies.



Sec.  109-44.702-3  Hazardous materials.

    The Office of Management and Heads of field organizations) shall be 
responsible for the safeguards, notifications, and certifications 
required by 41 CFR part 101-42 and part 109-42 of this chapter, as well 
as compliance with all other requirements therein.



PART 109	45_SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY-
-Table of Contents



                        Subpart 109	45.1_General

Sec.
109-45.105 Exclusions and exemptions.
109-45.105-3 Exemptions.

               Subpart 109	45.3_Sale of Personal Property

109-45.300-50 Sales by designated contractors.
109-45.301-51 Export/import clause.
109-45.302 Sale to Government employees.
109-45.302-50 Sales to DOE employees and designated contractor 
          employees.
109-45.303 Reporting property for sale.
109-45.303-3 Delivery.
109-45.304 Sales methods and procedures.
109-45.304-2 Negotiated sales and negotiated sales at fixed prices.
109-45.304-2.50 Negotiated sales and negotiated sales at fixed prices by 
          designated contractors.
109-45.304-6 Reviewing authority.
109-45.304-50 Processing bids and awarding of contracts.
109-45.304-51 Documentation.
109-45.309 Special classes of property.
109-45.309-2.50 Hazardous property.
109-45.309-51 Export controlled property.
109-45.309-52 Classified property.

[[Page 681]]

109-45.309-53 Nuclear-related or proliferation-sensitive property.
109-45.309-54 Information Technology (IT).
109-45.310 Antitrust laws.
109-45.317 Noncollusive bids and proposals.

    Subpart 109	45.9_Abandonment or Destruction of Personal Property

109-45.901 Authority to abandon or destroy.
109-45.902 Findings justifying abandonment or destruction.
109-45.902-2 Abandonment or destruction without notice.

              Subpart 109	45.10_Recovery of Precious Metals

109-45.1002 Agency responsibilities.
109-45.1002-3 Precious metals recovery program monitor.
109-45.1003 Recovery of silver from precious metals bearing materials.
109-45.1004 Recovery and use of precious metals through the DOD Precious 
          Metals Recovery Program.

                        Subpart 109	45.47_Reports

109-45.4702 Negotiated sales reports.

   Subpart 109	45.50_Excess and Surplus Radioactively and Chemically 
                     Contaminated Personal Property

109-45.5005 Disposal.
109-45.5005-1 General.

 Subpart 109	45.51_Disposal of Excess and Surplus Personal Property in 
                              Foreign Areas

109-45.5100 Scope of subpart.
109-45.5101 Authority.
109-45.5102 General.
109-45.5103 Definitions.
109-45.5104 Disposal.
109-45.5104-1 General.
109-45.5104-2 Methods of disposal.
109-45.5105 Reports.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



                        Subpart 109	45.1_General



Sec.  109-45.105  Exclusions and exemptions.



Sec.  109-45.105-3  Exemptions.

    GSA, by letter dated May 28, 1965, exempted contractor inventory 
held by DOE designated contractors from the GSA conducted sales 
provisions of 41 CFR 101-45.



               Subpart 109	45.3_Sale of Personal Property



Sec.  109-45.300-50  Sales by designated contractors.

    Sales of surplus contractor inventory will be conducted by 
designated contractors when Program Secretarial Officer (PSO) determine 
that it is in the best interest of the Government. OPMOs and appropriate 
program officials shall perform sufficient oversight over these sales to 
ensure that personal property requiring special handling or program 
office certification is sold in accordance with regulatory requirements.



Sec.  109-45.301-51  Export/import clause.

    The following clause shall be included in all sales invitations for 
bid:

    Personal property purchased from the U.S. Government may or may not 
be authorized for export/import from/into the country where the personal 
property is located. If export/import is allowed, the purchaser is 
solely responsible for obtaining required clearances or approvals. The 
purchaser also is required to provide to the appropriate party DOE's 
export control guidance if the property is resold or otherwise disposed.



Sec.  109-45.302  Sale to Government employees.



Sec.  109-45.302-50  Sales to DOE employees and designated contractor
employees.

    (a) DOE employees and employees of designated contractors shall be 
given the same opportunity to acquire Government personal property as is 
given to the general public, provided the employees warrant in writing 
prior to award that they have not either directly or indirectly:
    (1) Obtained information not otherwise available to the general 
public regarding usage, condition, quality, or value of the personal 
property, or
    (2) Participated in:
    (i) The determination to dispose of the personal property;
    (ii) The preparation of the personal property for sale; and
    (iii) Determining the method of sale.
    (b) Excess or otherwise unusable special, fitted clothing and other 
articles of personal property, acquired for the

[[Page 682]]

exclusive use of an individual employee, may be sold to the employee for 
the best price obtainable when the property is no longer required by the 
holding organization or the employee is terminated.



Sec.  109-45.303  Reporting property for sale.



Sec.  109-45.303-3  Delivery.

    (a)-(b) [Reserved]
    (c) Guidelines for signature authorization and control of blank 
copies of Standard Form 97, United States Government Certificate to 
Obtain Title to a Vehicle are contained in subpart 109-38.7 of this 
chapter.



Sec.  109-45.304  Sales methods and procedures.



Sec.  109-45.304-2  Negotiated sales and negotiated sales at fixed prices.

    (a)(1) [Reserved]
    (2) The head of each field organization shall designate a 
responsible person to approve negotiated sales by DOE direct operations.
    (3) Requests for prior approval of negotiated sales by DOE direct 
operations shall be submitted with justification to the OPMO for review 
and forwarding to GSA for approval.
    (b) [Reserved]



Sec.  109-45.304-2.50  Negotiated sales and negotiated sales at fixed
prices by designated contractors.

    (a) Negotiated sales by designated contractors of surplus contractor 
inventory may be made when the DOE contracting officer determines and 
documents prior to the sale that the use of this method of sale is 
justified on the basis of the circumstances enumerated below, provided 
that the Government's interests are adequately protected. These sales 
shall be at prices which are fair and reasonable and not less than the 
proceeds which could reasonably be expected to be obtained if the 
personal property was offered for competitive sale. Specific conditions 
justifying negotiated sales include:
    (1) No acceptable bids have been received as a result of competitive 
bidding under a suitable advertised sale;
    (2) Personal property is of such small value that the proceeds to be 
derived would not warrant the expense of a formal competitive sale;
    (3) The disposal will be to a state, territory, possession, 
political subdivision thereof, or tax-supported agency therein, and the 
estimated fair market value of the personal property and other 
satisfactory terms of disposal are obtained by negotiation;
    (4) The specialized nature and limited use potential of the personal 
property would create negligible bidder interest;
    (5) Removal of the personal property would result in a significant 
reduction in value, or the accrual of disproportionate expense in 
handling; or
    (6) It can be clearly established that such action is in the best 
interests of the Government.
    (b) When determined to be in the best interests of the Government, 
Program Secretarial Officer (PSO) may authorize fixed-price sales of 
surplus contractor inventory by designated contractors provided:
    (1) The fair market value of the item to be sold does not exceed 
$15,000;
    (2) Adequate procedures for publicizing such sales have been 
established;
    (3) The sales prices are not less than could reasonably be expected 
if competitive bid sales methods were employed and the prices have been 
approved by a reviewing authority designated by the head of the field 
organization; and
    (4) The warranty prescribed in Sec.  109-45.302-50(a) of this 
subpart is obtained when sales are made to employees.



Sec.  109-45.304-6  Reviewing authority.

    The reviewing authority may consist of one or more persons 
designated by the head of the field organization.



Sec.  109-45.304-50  Processing bids and awarding of contracts.

    The procedures established in 48 CFR 14.4 and 48 CFR 914.4 shall be 
made applicable to the execution, receipt, safeguarding, opening, 
abstraction, and evaluation of bids and awarding contracts, except that 
in evaluating bids and awarding contracts, disposal under conditions 
most advantageous to the Government based on high bids received shall be 
the determining factor.

[[Page 683]]



Sec.  109-45.304-51  Documentation.

    Files pertaining to surplus property sales shall contain copies of 
all documents necessary to provide a complete record of the sales 
transactions and shall include the following as appropriate:
    (a) A copy of the request/invitation for bids if a written request/
invitation for bids is employed. A list of items or lots sold, 
indicating acquisition cost, upset price and sales price indicated.
    (b) A copy of the advertising literature distributed to prospective 
bidders.
    (c) A list of prospective bidders solicited.
    (d) An abstract of bids received.
    (e) Copies of bids received, including Standard Form 119, 
Contractor's Statement of Contingent or Other Fees, together with other 
relevant information.
    (f) A statement concerning the basis for determination that proceeds 
constitute a reasonable return for property sold.
    (g) When appropriate, full and adequate justification for not 
advertising the sale when the fair market value of property sold in this 
manner in any one case exceeds $1,000.
    (h) A justification concerning any award made to other than the high 
bidder.
    (i) The approval of the reviewing authority when required.
    (j) A copy of the notice of award.
    (k) All related correspondence.
    (l) In the case of auction or spot bid sales, the following 
additional information should be included:
    (1) A summary listing of the advertising used (e.g., newspapers, 
radio, television, and public postings).
    (2) The names of the prospective bidders who attended the sale.
    (3) A copy of any pertinent contract for auctioneering services and 
related documents.
    (4) A reference to files containing record of deposits and payments.



Sec.  109-45.309  Special classes of property.



Sec.  109-45.309-2.50  Hazardous property.

    Hazardous property shall be made available for sale only after the 
review and certification requirements of Sec.  109-43.307-2.50 of this 
subpart have been met.



Sec.  109-45.309-51  Export controlled property.

    Export controlled property shall be made available for sale only 
after the export license requirements of Sec.  109-43.307-50 of this 
subpart have been met.



Sec.  109-45.309-52  Classified property.

    Classified property shall be made available for sale only after the 
declassification requirements of Sec.  109-43.307-51 of this subpart 
have been met.



Sec.  109-45.309-53  Nuclear-related or proliferation-sensitive property.

    Nuclear-related or proliferation-sensitive property shall be made 
available for sale only after the stripping and certification 
requirements of Sec.  109-43.307-52 of this subpart have been met.



Sec.  109-45.309-54  Information Technology (IT).

    IT shall be made available for sale only after the sanitizing and 
certification requirements of Sec.  109-43.307-53 of this subpart have 
been met.



Sec.  109-45.310  Antitrust laws.

    DOE offices shall submit to the Office of Management any request for 
a proposed sale of a patent, process, technique, or invention, 
regardless of cost; or of surplus personal property with a fair market 
value of $3,000,000 or more.



Sec.  109-45.317  Noncollusive bids and proposals.

    (a) [Reserved]
    (b) The head of the field organization shall make the determination 
required in 41 CFR 101-45.317(b). This authority cannot be redelegated.



    Subpart 109	45.9_Abandonment or Destruction of Personal Property



Sec.  109-45.901  Authority to abandon or destroy.

    Personal property in the possession of DOE offices or designated 
contractors may be abandoned or destroyed provided that a written 
determination has been made by the OPMO/PA that property has no 
commercial value or

[[Page 684]]

the estimated cost of its continued care and handling would exceed the 
estimated proceeds from its sale.



Sec.  109-45.902  Findings justifying abandonment or destruction.



Sec.  109-45.902-2  Abandonment or destruction without notice.

    The head of the field organization shall designate an official to 
make the findings justifying abandonment or destruction without public 
notice of personal property. The OPMO/PA shall review and coordinate on 
the findings.



              Subpart 109	45.10_Recovery of Precious Metals



Sec.  109-45.1002  Agency responsibilities.

    The Office of Management and Program Secretarial Officer (PSO) are 
responsible for establishing a program for the recovery of precious 
metals.



Sec.  109-45.1002-3  Precious metals recovery program monitor.

    The Office of Management shall be the precious metals recovery 
program monitor.



Sec.  109-45.1003  Recovery of silver from precious metals bearing materials.

    The Office of Management and Program Secretarial Officer (PSO) are 
responsible for the establishment and maintenance of a program for 
silver recovery from used hypo solution and scrap film.



Sec.  109-45.1004  Recovery and use of precious metals through the
DOD Precious Metals Recovery Program.

    DOE operates its own precious metals pool and therefore does not 
participate in the DOD Precious Metals Recovery Program. See Sec.  109-
27.5106 of this chapter for guidance on operation of the DOE precious 
metals pool.



                        Subpart 109	45.47_Reports



Sec.  109-45.4702  Negotiated sales reports.

    The report of negotiated sales shall be submitted by DOE offices to 
GSA, in accordance with 41 CFR 102-38.



   Subpart 109	45.50_Excess and Surplus Radioactively and Chemically 
                     Contaminated Personal Property



Sec.  109-45.5005  Disposal.



Sec.  109-45.5005-1  General.

    (a) Nuclear-related, proliferation-sensitive, low level contaminated 
property, and classified personal property shall not be transferred, 
sold, exchanged, leased, donated, abandoned, or destroyed without 
approval of the cognizant program office. Disposal of this personal 
property is subject to the restrictions contained in applicable sections 
of part 109-42 and Sec. Sec.  109-43.307-50, 109-43.307-51, and 109-
43.307-52 of this chapter, and applicable sections of 41 CFR part 101-
42.
    (b) Personal property that is considered defective or unsafe must be 
mutilated prior to shipment for disposal.



 Subpart 109	45.51_Disposal of Excess and Surplus Personal Property in 
                              Foreign Areas



Sec.  109-45.5100  Scope of subpart.

    This subpart sets forth policies and procedures governing the 
disposal of DOE-owned foreign excess and surplus personal property.



Sec.  109-45.5101  Authority.

    The policies and procedures contained in this subpart are issued 
pursuant to the provisions of the Federal Property and Administrative 
Services Act of 1949, former 40 U.S.C. et seq., as amended. Title IV of 
the Act entitled ``Foreign Excess Property'' provides that, except where 
commitments exist under previous agreements, all excess personal 
property located in foreign areas shall be disposed of by the owning 
agency, and directs that the head of the agency conform to the foreign 
policy of the United States in making such disposals in accordance 41 
CFR 102-36.



Sec.  109-45.5102  General.

    Disposal of Government-owned personal property in the custody of DOE 
organizations or its contractors in foreign areas shall be made in an 
efficient

[[Page 685]]

and economical manner, and in conformance with the foreign policy of the 
United States.



Sec.  109-45.5103  Definitions.

    As used in this subpart, the following definitions apply:
    Foreign means outside the United States, Puerto Rico, American 
Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin 
Islands.
    Foreign service post means the local diplomatic or consular post in 
the area where the excess personal property is located.



Sec.  109-45.5104  Disposal.



Sec.  109-45.5104-1  General.

    Foreign excess personal property which is not required for transfer 
within DOE or to other U.S. Government agencies, except for the personal 
property identified in Sec.  109-45.5005-1(a) of this part, shall be 
considered surplus and may be disposed of by transfer, sale, exchange, 
or lease, for cash, credit, or other property and upon such other terms 
and conditions as may be deemed proper. Such personal property may also 
be donated, abandoned, or destroyed under the conditions specified in 
Sec.  109-45.5105-2 of this subpart. Most foreign governments have 
indicated to the U.S. State Department that they wish to be consulted 
before U.S. Government property is disposed of in their countries 
(except in the case of transfers to other U.S. Government agencies). 
Matters concerning customs duties and taxes, or similar charges, may 
require prior agreement with the foreign government involved. The State 
Department shall be contacted in regard to these issues. Whenever advice 
or approval of the State Department is required by this subpart, it may 
be obtained either through the foreign service post in the foreign area 
involved or from the State Department in Washington, DC. If the issue is 
to be presented to the State Department in Washington, DC, it shall be 
referred through appropriate administrative channels to the Office of 
International Affairs for review, coordination, and handling.



Sec.  109-45.5104-2  Methods of disposal.

    (a) Sales of foreign surplus personal property shall be conducted in 
accordance with the following guidelines:
    (1) Generally, all sales of foreign surplus personal property shall 
be conducted under the competitive bid process unless it is advantageous 
and more practicable to the Government not to do so. When competitive 
bids are not solicited, reasonable inquiry of prospective purchasers 
shall be made in order that sales may be made on terms most advantageous 
to the U.S. Government.
    (2) In no event shall any personal property be sold in foreign areas 
without a condition which states that its importation into the United 
States is forbidden unless the U.S. Secretary of Agriculture (in the 
case of any agricultural commodity, food, cotton, or woolen goods), or 
the U.S. Secretary of Commerce (in the case of any other property), has 
determined that the importation of such property would relieve domestic 
shortages or otherwise be beneficial to the economy of the United 
States.
    (3) Sales documents shall provide that the purchaser must pay any 
import duties or taxes levied against personal property sold in the 
country involved and further provide that the amount of this duty or tax 
shall not be included as a part of the price paid the U.S. Government 
for the personal property. In the event the levy is placed upon the 
seller by law, the buyer will be required to pay all such duties or 
taxes and furnish the seller copies of his receipts prior to the release 
of the personal property to him. However, if the foreign government 
involved will not accept payment from the buyer, the seller will collect 
the duties or taxes and turn the amounts collected over to the foreign 
government. Accounting for the amounts collected shall be coordinated 
with the disbursing officer of the nearest United States foreign service 
post. The property shall not be released to the purchaser until the 
disposal officer is satisfied that there is no responsibility for 
payment by the United States (as contrasted to collection by the United 
States) of taxes, duties, excises, etc.

[[Page 686]]

    (4) Advance approval must be obtained from the State Department for 
the sale of certain categories of personal property, including small 
arms and machine guns; artillery and projectiles; ammunition, bombs, 
torpedoes, rockets and guided missiles; fire control equipment and range 
finders; tanks and ordnance vehicles; chemical and biological agents, 
propellants and explosives; vessels of war and special naval equipment; 
aircraft and all components, parts and accessories for aircraft; 
military electronic equipment; aerial cameras, military photo-
interpretation, stereoscopic plotting and photogrammetry equipment; and 
all material not enumerated which is included in the United States 
Munitions List, 22 CFR 121.01, and is subject to disposal restrictions. 
Therefore, prior to the sale of any of the articles enumerated in the 
U.S. Munitions List, the foreign service post in the area shall be 
consulted.
    (5) All proposed sales, regardless of the total acquisition cost of 
personal property involved, which the head of the DOE foreign office 
believes might have a significant economic or political impact in a 
particular area, shall be discussed with the foreign service post.
    (b) While there is authority for exchange or lease of foreign 
surplus personal property, such authority shall be exercised only when 
such action is clearly in the best interests of the U.S. Government. 
Disposals by exchange are subject to the same requirements as disposals 
by sale under Sec.  109-45.5105-2 of this subpart.
    (c)(1) Foreign excess or surplus personal property (including 
salvage and scrap) may be donated, abandoned, or destroyed provided:
    (i) The property has no commercial value or the estimated cost of 
its care and handling would exceed the estimated proceeds from its sale; 
and
    (ii) A written finding to that effect is made and approved by the 
Office of International Affairs.
    (2) No personal property shall be abandoned or destroyed if donation 
is feasible. Donations under these conditions may be made to any agency 
of the U.S. Government, or to educational, public health, or charitable 
nonprofit organizations.
    (3) Foreign excess personal property may also be abandoned or 
destroyed when such action is required by military necessity, safety, or 
considerations of health or security. A written statement explaining the 
basis for disposal by these means and approval by the Office of 
International Affairs.
    (4) Property shall not be abandoned or destroyed in a manner which 
is detrimental or dangerous to public health and safety, or which will 
cause infringement on the rights of other persons.



Sec.  109-45.5105  Reports.

    (a) Proposed sales of foreign surplus personal property shall 
include all pertinent data, including the following:
    (1) The description of personal property to be sold, including:
    (i) Identification of personal property (description should be in 
terms understandable to persons not expert in technical nomenclature). 
Personal property covered by the U.S. Munitions List and regulations 
pertaining thereto (as published in 22 CFR 121.1) should be clearly 
identified;
    (ii) Quantity;
    (iii) Condition; and
    (iv) Acquisition cost.
    (2) The proposed method of sale (e.g., sealed bid, negotiated sale, 
etc.)
    (3) Any currency to be received and payment provisions (i.e., U.S. 
dollars, foreign currency, or credit, including terms of the proposed 
sale).
    (4) Any restrictions on use of personal property to be sold (such as 
resale of property, disposal as scrap, demilitarization, etc.).
    (5) Any special terms or conditions of sale.
    (6) The categories of prospective purchasers (e.g., host country, 
other foreign countries, special qualifications, etc.).
    (7) How taxes, excises, duties, etc., will be handled.
    (b) [Reserved]

[[Page 687]]



PART 109	46_UTILIZATION AND DISPOSAL OF PERSONAL PROPERTY PURSUANT
TO EXCHANGE/SALE AUTHORITY--Table of Contents



Sec.
109-46.000 Scope of part.
109-46.000-50 Applicability.

                     Subpart 109	46.2_Authorization

109-46.202 Restrictions and limitations.
109-46.203 Special authorizations.

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

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



Sec.  109-46.000  Scope of part.



Sec.  109-46.000-50  Applicability.

    (a) Except as set forth in paragraphs (a)(1) through (5) of this 
section, the requirements of FPMR/FMR part 101-46 and this part are not 
applicable to designated contractors. Designated contractors shall 
comply with the following FPMR/FMR requirements:
    (1) 101-46.200;
    (2) 101-46.201-1;
    (3) 101-46.202(b)(2), (3), (4), (5), (6), and (7);
    (4) 101-46.202(c)(1), (2), (4), (5), (6), (7), (10), (11), and (12);
    (5) 101-46.202(d).
    (b) Items in the following Federal Supply Classification Groups 
(FSCG) are not eligible for processing under the exchange/sale 
provision. Requests for waivers must be processed through the DPMO to 
GSA.

                               Description

                                  FSCG

10 Weapons
11 Nuclear ordnance
12 Fire control equipment
14 Guided missiles
15 Aircraft and airframe structural components (except FSC Class 1560, 
          Airframe structural components)
20 Ship and marine equipment
22 Railway equipment
41 Firefighting, rescue, and safety equipment



                     Subpart 109	46.2_Authorization



Sec.  109-46.202  Restrictions and limitations.

    (a)-(c)(9) [Reserved]
    (10) The Office of Management and Program Secretarial Officer (PSO) 
for their respective organizations shall designate an official to make 
the certification that a continuing valid requirement exists for excess 
personal property acquired and placed in official use for less than one 
year but no longer required and is to be disposed of under the exchange/
sale provisions.
    (11) [Reserved]
    (12) Program Secretarial Officer (PSO) shall make the determination 
concerning demilitarization of combat material.



Sec.  109-46.203  Special authorizations.

    (a) [Reserved]
    (b) The Office of Management and Program Secretarial Officer (PSO) 
for their respective organizations shall designate an official to make 
the certification concerning the exchange of historic items for 
historical preservation or display..



PART 109	48_UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED
AND FORFEITED PERSONAL PROPERTY--Table of Contents



Sec.
109-48.000 Scope of part.
109-48.000-50 Applicability.

    Subpart 109	48.1_Utilization of Abandoned and Forfeited Personal 
                                Property

109-48.101 Forfeited or voluntarily abandoned property.
109-48.101-6 Transfer to other Federal agencies.

    Authority: 40 U.S.C. 121.

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



Sec.  109-48.000  Scope of part.



Sec.  109-48.000-50  Applicability.

    This part is applicable to contractor operations where the abandoned 
or forfeited personal property is found on

[[Page 688]]

premises owned or leased by the Government that are managed and operated 
by designated contractors.



    Subpart 109	48.1_Utilization of Abandoned and Forfeited Personal 
                                Property



Sec.  109-48.101  Forfeited or voluntarily abandoned property.



Sec.  109-48.101-6  Transfer to other Federal agencies.

    (a)-(c) [Reserved]
    (d) Transfer orders for forfeited or voluntarily abandoned distilled 
spirits, wine, and malt beverages for medicinal, scientific, or 
mechanical purposes or any other official purposes for which 
appropriated funds may be expended by a Government agency shall be 
forwarded through normal administrative channels for signature by the 
DPMO and for subsequent forwarding to GSA for release.
    (e) [Reserved]
    (f) Transfer orders for reportable forfeited drug paraphernalia 
shall be forwarded through normal administrative channels for signature 
by the Property Executive and for subsequent forwarding to GSA for 
approval.



PART 109	50_SPECIAL DOE DISPOSAL AUTHORITIES--Table of Contents



Sec.
109-50.000 Scope of part.
109-50.001 Applicability.

  Subpart 109	50.1_Laboratory Equipment Donation Program Grant Program

109-50.100 Scope of subpart.
109-50.101 Applicability.
109-50.102 General.
109-50.103 Definitions.
109-50.104 Equipment which may be granted.
109-50.105 Equipment which may not be granted.
109-50.106 Procedure.
109-50.107 Reporting.

        Subpart 109	50.2_Math and Science Equipment Gift Program

109-50.200 Scope of subpart.
109-50.201 Applicability.
109-50.202 Definitions.
109-50.203 Eligible equipment.
109-50.204 Limitations.
109-50.205 Procedure.
109-50.206 Reporting.

Subpart 109-50.3 [Reserved]

Subpart 109	50.4_Programmatic Disposal to Contractors of DOE Property in 
                            a Mixed Facility

109-50.400 Scope of subpart.
109-50.401 Definitions.
109-50.402 Submission of proposals.
109-50.403 Need to establish DOE program benefit.

                       Subpart 109	50.48_Exhibits

109-50.4800 Scope of subpart.
109-50.4801 Equipment Gift Agreement.

    Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C. 7254); 
sec. 31, Atomic Energy Act, as amended; Energy Reorganization Act of 
1974, secs. 103 and 107; Title III, Department of Energy Organization 
Act; E.O. 12999; sec. 3710(i), Stevenson-Wydler Technology Innovation 
Act, as amended (15 U.S.C. 3710(i)); Pub. L. 101-510, Department of 
Energy Science Education Enhancement Act; Pub. L. 102-245, American 
Technologies Preeminence Act of 1991 (15 U.S.C. 3701); Office of Science 
Financial Assistance Program (10 CFR part 605).

    Source: 81 FR 63265, Sept. 14, 2016, unless otherwise noted.



Sec.  109-50.000  Scope of part.

    This part provides guidance on the policies, practices, and 
procedures for the disposal of DOE property under special legislative 
authorities.



Sec.  109-50.001  Applicability.

    The provisions of this part apply to direct DOE operations and to 
designated contractors only when specifically provided for in the 
appropriate subpart.



  Subpart 109	50.1_Laboratory Equipment Donation Program Grant Program



Sec.  109-50.100  Scope of subpart.

    This subpart provides guidance on the granting of Laboratory 
Equipment Donation Program in the LEDP is limited to accredited, post 
graduate, degree granting institutions including universities, colleges, 
junior colleges,

[[Page 689]]

technical institutes, museums, or hospitals, located in the U.S. and 
interested in establishing or upgrading energy-oriented educational 
programs in the life, physical, and environmental sciences and in 
engineering is eligible to apply. An energy-oriented program is defined 
as an academic research activity dealing primarily or entirely in 
energy-related topics.



Sec.  109-50.101  Applicability.

    This subpart is applicable to DOE offices and designated 
contractors.



Sec.  109-50.102  General.

    DOE, to encourage research and development in the field of energy, 
awards grants of excess Laboratory Equipment Donation Program to 
eligible institutions for use in energy-oriented educational programs. 
Under the Used Laboratory Equipment Donation Program (LEDP) Grant 
Program, grants of used energy-related equipment excess to the 
requirements of DOE offices and designated contractors may be made to 
eligible institutions prior to reporting the equipment to GSA for 
reutilization screening.



Sec.  109-50.103  Definitions.

    As used in this subpart the following definitions apply: Book value 
means acquisition cost less depreciation. DOE Financial Assistance Rules 
(10 CFR part 600) means the DOE regulation which establishes a uniform 
administrative system for application, award, and administration of 
assistance awards, including grants and cooperative agreements.
    Eligible institution means any nonprofit educational institution of 
higher learning, such as universities, colleges, junior colleges, 
hospitals, and technical institutes or museums located in the United 
States and interested in establishing or upgrading energy-oriented 
education programs.
    Energy-oriented education program means one that deals partially or 
entirely in energy or energy-related topics.



Sec.  109-50.104  Equipment which may be granted.

    Generally, equipment items classified in FSCG 66, Instruments and 
Laboratory Equipment, are eligible for granting under this program. 
Other selected items designated by the Office of Workforce Development 
for Teachers and Scientists (WDTS) and approved by the OPMO, are made 
available under the program.



Sec.  109-50.105  Equipment which may not be granted.

    Equipment which will not be granted include:
    (a) Equipment intended by the DOE institution for use in contractual 
research projects.
    (b) Furniture, such as desks, tables, chairs, typewriters, etc. 
(exception is such equipment that may be an essential component of and 
physically attached to an energy-related laboratory equipment system);
    (c) General supplies.



Sec.  109-50.106  Procedure.

    (a) After DOE utilization screening through EADS, items eligible for 
LEDP grants are extracted from the EADS system and Office of Workforce 
Development for Teachers and Scientists (WDTS).
    (b) Office of Workforce Development for Teachers and Scientists 
(WDTS) to prospective grantees through an automated system.
    (c) The following periods have been established during which time 
equipment will remain available to this program prior to reporting it to 
GSA for reutilization by other Federal agencies:
    (1) Thirty days from the date DOE utilization screening is completed 
to permit suitable time for eligible institutions to review and earmark 
the desired equipment.
    (2) An additional thirty days after the equipment is earmarked to 
permit the eligible institutions to prepare and submit an equipment 
proposal request and to provide time for field organizations to review 
and evaluate the proposal and take appropriate action.
    (d) Upon approval of the proposal, a grant will be issued to the 
institution upon completion.
    (e) A copy of the completed grant, shall be used to transfer title 
and drop accountability of the granted equipment from the financial 
records.

[[Page 690]]

    (f) The cost of care and handling of personal property incident to 
the grant shall be charged to the receiving institution. Such costs may 
consist of packing, crating, shipping and insurance, and are limited to 
actual costs. In addition, where appropriate, the cost of any repair 
and/or modification to any equipment shall be borne by the recipient 
institution.



Sec.  109-50.107  Reporting.

    (a) Gifts made under this program shall be included in the annual 
report of property transferred to non-Federal recipients, as required by 
41 CFR 101-43.4701(c) and 109-43.4701(c).
    (b) A copy of each equipment agreement shall be forwarded to the 
Director, Office of Laboratory Policy and Infrastructure Management.



        Subpart 109	50.2_Math and Science Equipment Gift Program



Sec.  109-50.200  Scope of subpart.

    This subpart provides guidance on providing gifts of excess and/or 
surplus education related and Federal research equipment to elementary 
and secondary educational institutions or nonprofit organizations for 
the purpose of improving math and science curricula or conducting of 
technical and scientific education and research activities.



Sec.  109-50.201  Applicability.

    The provisions of this subpart are applicable to DOE offices and 
designated contractors.



Sec.  109-50.202  Definitions.

    As used in this subpart the following definitions apply:
    DOE Field Organizations means the DOE Federal management activities, 
including Operations Offices, Field Offices, Area Offices, Site Offices, 
Energy Technology Centers, and Project Offices staffed by Federal 
employees.
    Education-related and Federal research equipment includes but is not 
limited to DOE-owned property in FSCG 34, 36, 41, 52, 60, 61, 66, 67, 
70, and 74 (See 41 CFR 101-43.4801(d)), and other related equipment, 
which is deemed appropriate for use in improving math and science 
curricula or activities for elementary and secondary school education, 
or for the conduct of technical and scientific education and research 
activities.
    Elementary and secondary schools means individual public or private 
educational institutions encompassing kindergarten through twelfth 
grade, as well as public school districts.
    Eligible recipient means local elementary and secondary schools and 
nonprofit organizations.
    Facilities under DOE Field Organization cognizance means national 
laboratories, production plants, and project sites managed and operated 
by DOE contractors or subcontractors.



Sec.  109-50.203  Eligible equipment.

    (a) Education-related and research equipment will include, but is 
not limited to the following FSCGs:

                          FSCG and Description

34 Metalworking Machinery
36 Special Industry Machinery
41 Refrigeration, Air Conditioning and Air Circulating Equipment
52 Measuring Tools
60 Fiber Optics Materials, Components, Assemblies and Accessories
61 Electric Wire, and Power and Distribution Equipment
66 Instruments and Laboratory Equipment
67 Photographic Equipment
70 General Purpose Automatic Data Processing Equipment (Including 
          Firmware), Software, Supplies and Support Equipment
74 Office Machines, Text Processing Systems and Visible Record Equipment

    (b) Other related equipment may be provided if deemed appropriate 
and approved by the Director, Office of Laboratory Policy and 
Infrastructure Management.



Sec.  109-50.204  Limitations.

    (a) Excess and/or surplus education-related and Federal research 
equipment at DOE Field Organizations and cognizant facilities is 
eligible for transfer as a gift under this program. However, safety, 
environmental, and health matters must be considered.
    (b) Title to the equipment will transfer upon the recipient's 
written acknowledgement of receipt.
    (c) The Office of Workforce Development for Teachers and Scientists

[[Page 691]]

(WDTS) may authorize gifts of excess and/or surplus education-related 
and Federal research equipment by signature on the appropriate gift 
instrument where the book value of an item of equipment exceeds $25,000 
or the cumulative book value of the gifts under this program to any one 
institution exceeds $25,000. HCA or designee may authorize gifts of 
excess and/or surplus education-related and Federal research equipment 
of lesser individual and cumulative book value by signature on the 
appropriate gift instrument. Delegations by the HCA to authorize gifts 
of excess and/or surplus education-related and Federal research 
equipment shall be in writing to a specific individual, for a specified 
period of time, and for a specified (or unlimited) level of authority.
    (d) Gifts shall be serviceable and in working order. Disposal 
Condition Codes 1 and 4, as defined in 41 CFR 101-43.4801(e), meet this 
criteria. Serviceability of equipment should be verified before the gift 
is made to the eligible recipient.



Sec.  109-50.205  Procedure.

    (a) The DOE facility will set aside an appropriate amount of excess 
and/or surplus education-related and Federal research equipment for 
transfer under this program.
    (b) A list of available education-related and Federal research 
equipment will be prepared and distributed to eligible recipients and 
the chief State School Board Officer.
    (c) Precollege institutions with partnership arrangements with the 
DOE or its facilities (e.g., an adopted school) may receive gifts of 
equipment in support of the partnership.
    (d) Precollege institutions not in a partnership with DOE may 
receive equipment at the recommendation of the chief State School Board 
Officer. The Chief State School Board Officer will determine which 
schools within the state will receive which equipment. Consideration for 
placement of the equipment should be based on:
    (1) The elementary or secondary schools determined to have the 
greatest need; or
    (2) Recipients of federally funded math and science projects where 
the equipment would further enhance the progress of the project.
    (e) Eligible recipients will have 30 days to select and freeze, on a 
first come, first serve basis, the items desired and submit a request 
for selected items stating:
    (1) Why the gift is needed; and
    (2) How the gift will be used to improve math and science curricula 
or in the conduct of technical and scientific education and research 
activities.
    (f) The cost of shipping should be minimal and not more than the 
actual equipment value.
    (g) An Equipment Gift Agreement will be prepared and used to provide 
the gift to eligible recipients. The gift agreement will be in the 
format provided in section 109-50.4801 of this subchapter. The agreement 
shall be numbered for control purposes, and signed by the Office of 
Science's Office of Workforce Development for Teachers and Scientists 
(WDTS) or the HCA or designee, as appropriate, and an appropriate 
official representing the eligible recipient.



Sec.  109-50.206  Reporting.

    (a) Gifts made under this program shall be included in the annual 
report of property transferred to non-Federal recipients, as required by 
41 CFR 101-43.4701(c) and Sec.  109-43.4701(c) of this chapter.
    (b) A copy of each equipment agreement shall be forwarded to the 
Office of Workforce Development for Teachers and Scientists (WDTS).

Subpart 109-50.3 [Reserved]



Subpart 109	50.4_Programmatic Disposal to Contractors of DOE Property in 
                            a Mixed Facility



Sec.  109-50.400  Scope of subpart.

    This subpart contains policy to be followed when it is proposed to 
sell or otherwise transfer DOE personal property located in a mixed 
facility to the contractor who is the operator of that facility.

[[Page 692]]



Sec.  109-50.401  Definitions.

    As used in this subpart, the following definitions apply;
    Contractor means the operator of the mixed facility.
    DOE property means DOE-owned personal property located in a mixed 
facility.
    Mixed facility means a partly DOE-owned and partly contractor-owned 
facility. For purposes of this subpart, however, this definition does 
not apply to such a facility operated by an educational or other 
nonprofit institution under a basic research contract with DOE.



Sec.  109-50.402  Submission of proposals.

    Proposals involving programmatic disposals of DOE personal property 
located in mixed facilities to contractors operating that facility shall 
be forwarded through the appropriate program organization to the 
Property Executive, for review and processing for approval. Each such 
request shall include all information necessary for a proper evaluation 
of the proposal. The proposal shall include, as a minimum:
    (a) The purpose of the mixed facility;
    (b) The description, condition, acquisition cost, and present use of 
the DOE personal property involved.
    (c) The programmatic benefits which could accrue to DOE from the 
disposal to the contractor (including the considerations which become 
important if the disposal is not made);
    (d) The appraised value of the DOE personal property (preferably by 
independent appraisers); and
    (e) The proposed terms and conditions of disposal including:
    (1) Price;
    (2) Priority to be given work for DOE requiring the use of the 
transferred property, and including the basis for any proposed charge to 
DOE for amortizing the cost of plant and equipment items;
    (3) Recapture of the property if DOE foresees a possible future 
urgent need; and
    (4) Delivery of the property, whether ``as is-where is,'' etc.



Sec.  109-50.403  Need to establish DOE program benefit.

    When approval for a proposed programmatic disposal of DOE personal 
property in a mixed facility is being sought, it must be established 
that the disposal will benefit a DOE program. For example, approval 
might be contingent on showing that:
    (a) The entry of the contractor as a private concern into the energy 
program is important and significant from a programmatic standpoint; and
    (b) The sale of property to the contractor will remove obstacles 
which otherwise discourage entry into the field.



                       Subpart 109	50.48_Exhibits



Sec.  109-50.4800  Scope of subpart.

    This subpart exhibits information referenced in the text of part 
109-50 of this chapter that is not suitable for inclusion elsewhere in 
that part.



Sec.  109-50.4801  Equipment Gift Agreement.

    (a) The following Equipment Gift Agreement format will be used to 
provide gifts of excess and/or surplus equipment to eligible recipients 
under the Math and Science Equipment Gift Program (see subpart 109-50.2 
of this chapter).

                        Equipment Gift Agreement

(Reference Number)

                Between The U.S. Department of Energy and

(Name of Eligible Recipient)

                               I. Purpose

    The Department of Energy shall provide as a gift, excess and/or 
surplus education-related and Federal research equipment to (Name of 
Eligible Recipient), hereafter referred to as the Recipient, for the 
purpose of improving the Recipient's math and science education 
curricula or for the Recipient's conduct of technical and scientific 
education and research activities.

                              II. Authority

    Federal agencies have been directed, to the maximum extent permitted 
by law, to give highest preference to elementary and secondary schools 
in the transfer or donation of education-related Federal equipment, at 
the

[[Page 693]]

lowest cost permitted by law. Furthermore, subsection 11(i) of the 
Stevenson Wydler Technology Innovation Act of 1980, as amended (15 
U.S.C. 3710 (i)), authorizes the Director of a laboratory, or the head 
of any Federal agency or department to give excess research equipment to 
an educational institution or nonprofit organization for the conduct of 
technical and scientific education and research activities.

                             III. Agreement

    A. The Department of Energy agrees to provide the equipment 
identified in the attached equipment gift list, as a gift for the 
purpose of improving the Recipient's math and science curricula or for 
the Recipient's conduct of technical and scientific education and 
research activities.
    B. Title to the education-related and Federal research equipment, 
provided as a gift under this agreement, shall vest with the Recipient 
upon the Recipient's written acknowledgement of receipt of the 
equipment. The acknowledgement shall be provided to (Name of the DOE 
signatory) at (address).
    C. The Recipient will be responsible for any repair and modification 
costs to any equipment received under this gift.
    D. The Recipient hereby releases and agrees to hold the Government, 
the Department of Energy, or any person acting on behalf of the 
Department of Energy harmless, to the extent allowable by State law, for 
any and all liability of every kind and nature whatsoever resulting from 
the receipt, shipping, installation, operation, handling, use, and 
maintenance of the education-related and Federal Research equipment 
provided as a gift under this agreement.
    E. The Recipient agrees to use the gift provided herein for the 
primary purpose of improving the math and science curricula or for the 
conduct of technical and scientific education and research activities.
    F. The Recipient agrees to provide for the return of the equipment 
if such equipment, while still usable, has not been placed in use for 
its intended purpose within one year after receipt from the Department 
of Energy.

(U.S. Department of Energy Office)

(Name and Address of Recipient)

(Signature of HCA or Designee)

(Signature of Official)

(Typed Name)

(Typed Name)

(Typed Title)

(Typed Title)

(Date)

(Date)

    (b) The list of gifts that accompanies the Equipment Gift Agreement 
shall contain the Gift Agreement reference number, name of the eligible 
recipient, and the name of the DOE office. In addition, the following 
information shall be provided for each line item provided as a gift: DOE 
ID number, description (name, manufacturer, model number, serial number, 
etc.), FSC code, quantity, location, acquisition date, and acquisition 
cost.

[[Page 695]]



                 CHAPTER 114--DEPARTMENT OF THE INTERIOR




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Part                                                                Page
114-51          Government furnished quarters...............         697

[[Page 697]]



PART 114	51_GOVERNMENT FURNISHED QUARTERS--Table of Contents



    Authority: 5 U.S.C. 301.



                        Subpart 114	51.1_General



Sec.  114-51.100  Departmental Quarters Handbook.

    The Office of Acquisition and Property Management (PAM) has prepared 
the Departmental Quarters Handbook (DQH), 400 DM, which provides 
detailed guidelines governing administration, management and rental rate 
establishment activities relating to Government furnished quarters 
(GFQ). Officials responsible for administration and management of 
quarters shall implement and comply with the provisions of the DQH, and 
shall ensure its availability for examination by all employees.

[60 FR 3555, Jan. 18, 1995]

[[Page 699]]



              CHAPTER 115--ENVIRONMENTAL PROTECTION AGENCY




  --------------------------------------------------------------------
Part                                                                Page
115-1           Introduction................................         701

[[Page 701]]



PART 115	1_INTRODUCTION--Table of Contents



                    Subpart 115	1.1_Regulation System

Sec.
115-1.100 Scope of subpart.
115-1.103 Temporary-type FPMR.
115-1.103-50 Temporary-type changes to EPPMR.
115-1.104 Publication of FPMR.
115-1.104-50 Publication of EPPMR.
115-1.106 Applicability of FPMR.
115-1.108 Agency implementation and supplementation of FPMR.
115-1.109 Numbering in FPMR system.
115-1.110 Deviations.

    Authority: Sec. 205(c), 63 Stat. 377, as amended; 40 U.S.C. 486(c).

    Source: 36 FR 8568, May 8, 1971, unless otherwise noted.



                    Subpart 115	1.1_Regulation System



Sec.  115-1.100  Scope of subpart.

    This subpart establishes the Environmental Protection Agency 
Property Management Regulations (EPPMR), chapter 115 of the Federal 
Property Management Regulations System (FPMR) (41 CFR chapter 101); 
states its relationship to the FPMR, and provides instructions governing 
the property management policies and procedures of the Environmental 
Protection Agency (EPA).



Sec.  115-1.103  Temporary-type FPMR.



Sec.  115-1.103-50  Temporary-type changes to EPPMR.

    Where required, temporary changes will be published as EPPMR-
Temporary Regulations. Temporary Regulations will be cross-referenced to 
related EPPMR subparts and will indicate dates for compliance with, and 
cancellation of each issuance.



Sec.  115-1.104  Publication of FPMR.



Sec.  115-1.104-50  Publication of EPPMR.

    (a) Material published in the EPPMR will generally not be of 
interest to nor directly affect the public. Therefore, most EPPMR 
material will not be published in the Federal Register.
    (b) Arrows printed in the margin of a page indicate material 
changed, deleted, or added by the EPPMR Transmittal Notice cited at the 
bottom of that page. (See GSA, FPMR Amendment Transmittal pages for 
illustrations.)



Sec.  115-1.106  Applicability of FPMR.

    The FPMR apply to all EPA activities unless otherwise specified, or 
unless a deviation is approved.



Sec.  115-1.108  Agency implementation and supplementation of FPMR.

    (a) EPPMR implements and supplements the FPMR and follows the FPMR 
in style, arrangement and numbering sequence. Except to assure 
continuity and understanding FPMR material will not be repeated or 
paraphrased in the EPPMR.
    (b) Implementing material expands upon related material in the FPMR. 
Supplementing material deals with subject material not covered in the 
FPMR.



Sec.  115-1.109  Numbering in FPMR system.

    (a) The numbering system used in EPPMR conforms to that of the FPMR 
except for the chapter number. The first three digits represent the 
Chapter number assigned to this Agency in title 41, Code of Federal 
Regulations (CFR). In FPMR the chapter number is 101 and in EPPMR the 
Chapter number is 115.
    (b) Where EPA Chapter 115 implements Chapter 101 the material will 
be numbered and captioned to correspond to the FPMR part, subpart, 
section or subsection, e.g., 115-1.106 ``Applicability of FPMR'' 
implements 101-1.106 of FPMR.
    (c) Where Chapter 115 supplements the FPMR and deals with subject 
matter not contained in the FPMR, the EPPMR material is numbered to 
follow that which is most closely related to similar material in the 
FPMR, Supplementing material is numbered ``50'' or higher.



Sec.  115-1.110  Deviations.

    Where deemed necessary that regulations set forth in the FPMR or 
EPPMR be changed in the interest of program effectiveness, a proposed 
revision will be submitted in accordance with FPR Sec.  1-1.009, to the 
Division of Data and

[[Page 702]]

Support Systems (DSSD) for review and consideration.

[[Page 703]]



                   CHAPTER 128--DEPARTMENT OF JUSTICE




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Part                                                                Page
128-1           Introduction................................         705
128-18          Acquisition of real property................         714
128-48          Utilization, donation, or disposal of 
                    abandoned and forfeited personal 
                    property................................         714
128-50          Seized personal property....................         716

[[Page 705]]



PART 128	1_INTRODUCTION--Table of Contents



                    Subpart 128	1.1_Regulation System

Sec.
128-1.100 Scope of subpart.
128-1.101 Justice Property Management Regulations.
128-1.105 Authority for JPMR.
128-1.152 Citation.

Subpart 128	1.50_Authorities and Responsibilities for Personal Property 
                               Management

128-1.5001 Scope of subpart.
128-1.5002 Definitions.
128-1.5002-1 Acquire.
128-1.5002-2 Department.
128-1.5002-3 Head of the Agency/Department.
128-1.5002-4 Bureau.
128-1.5002-5 Personal property.
128-1.5002-6 Personal property management.
128-1.5002-7 Property management officer (PMO).
128-1.5002-8 Property custodian (PC).
128-1.5002-9 Supply support system.
128-1.5003 Primary authority and responsibility.
128-1.5004 Basis for delegations of authority and assignment of 
          responsibilities.
128-1.5005 Delegations of authority.
128-1.5005-1 Primary delegations.
128-1.5005-2 Redelegations of authority.
128-1.5006 General responsibilities.
128-1.5006-1 Head of bureau.
128-1.5006-2 Property management officer (PMO).
128-1.5006-3 Department employees.
128-1.5007 Reproduction of departmental and bureau seals.
128-1.5009 Authorization for use of the Federal Bureau of Investigation 
          anti-piracy warning seal.

                 Subpart 128	1.80_Seismic Safety Program

128-1.8000 Scope.
128-1.8001 Background.
128-1.8002 Definitions of terms.
128-1.8003 Objective.
128-1.8004 Seismic Safety Coordinators.
128-1.8005 Seismic safety standards.
128-1.8006 Seismic Safety Program requirements.
128-1.8007 Reporting.
128-1.8008 Exemptions.
128-1.8009 Review of Seismic Safety Program.
128-1.8010 Judicial review.

    Authority: 5 U.S.C. 301, 40 U.S.C. 121(c), 41 CFR 101-1.108, and 28 
CFR 0.75(j), unless otherwise noted.

    Source: 41 FR 45987, Oct. 19, 1976, unless otherwise noted.



                    Subpart 128	1.1_Regulation System



Sec.  128-1.100  Scope of subpart.

    This subpart introduces the Department of Justice Property 
Management Regulations (JPMR) as part of the Federal Property Management 
Regulations System (FPMR) (41 CFR part 101); states its relationship to 
the FPMR; and provides instructions for the issuance and use of these 
property management policies and procedures of the Department of 
Justice.



Sec.  128-1.101  Justice Property Management Regulations.

    The JPMR, established in this subpart, implement and supplement, as 
necessary, the FPMR provisions governing the acquisition, utilization, 
management, and disposal of real and personal property. The JPMR are 
issued to establish uniform property management policies, regulations, 
and, as necessary, procedures in the Department of Justice.



Sec.  128-1.105  Authority for JPMR.

    The Department of Justice Property Management Regulations are 
prescribed by the Assistant Attorney General for Administration under 
authority of 5 U.S.C. 301, 40 U.S.C. 486(c), 41 CFR 101-1.108, and 28 
CFR 0.75(j).



Sec.  128-1.152  Citation.

    The JPMR will be cited in accordance with the Federal Register 
standards applicable to the FPMR. Accordingly, when this section is 
referred to formally in official documents, it should be cited as ``41 
CFR 128-1.152.'' When a section of the JPMR is referred to informally, 
however, it may be identified simply by ``JPMR'' followed by the 
complete paragraph reference number, e.g., ``JPMR 128-1.152.''



Subpart 128	1.50_Authorities and Responsibilities for Personal Property 
                               Management



Sec.  128-1.5001  Scope of subpart.

    This subpart sets forth general definitions of terms used throughout 
the JPMR and states responsibilities and authorities within the 
Department of

[[Page 706]]

Justice as they pertain to personal property management functions.



Sec.  128-1.5002  Definitions.



Sec.  128-1.5002-1  Acquire.

    To procure, purchase, or obtain in any manner, except by lease, 
including transfer, donation or forfeiture, manufacture, or production 
at Government-owned plants or facilities.



Sec.  128-1.5002-2  Department.

    The Department of Justice, including all its Bureaus and their 
respective field operations in all locations.



Sec.  128-1.5002-3  Head of the Agency/Department.

    The Attorney General of the United States.



Sec.  128-1.5002-4  Bureau.

    The Federal Bureau of Investigation; the Law Enforcement Assistance 
Administration; the Immigration and Naturalization Service; the Drug 
Enforcement Administration; the Bureau of Prisons; the Federal Prison 
Industries, Incorporated; and the Operations Support Staff (OSS) of the 
Office of Management and Finance. The OSS has authority and is 
responsible for all personal property management functions for the 
Offices, Boards, and Divisions of the Department, the United States 
Marshals Service, and the United States Parole Commission.



Sec.  128-1.5002-5  Personal property.

    Property of any kind or interest therein, except real and related 
property (as defined in FPMR 41 CFR 101-43.104-15), records of the 
Federal Government, and naval vessels, cruisers, aircraft-carriers, 
destroyers, and submarines (FPMR 41 CFR 101-43.104-13). For management 
and accounting control, personal property is categorized as follows:
    (a) ``Expendable personal property'' is that which, by its nature or 
function, is consumed in use; is used as repair parts or components of 
an end product considered nonexpendable; or has an expected service life 
of less than one year.
    (b) ``Non-expendable personal property'' is that which is complete 
within itself, does not lose its identity or become a component part of 
another article when put into use, and is of a durable nature with an 
expected service life one or more years.
    (c) ``Controlled personal property'' is that personal property for 
which good management practice dictates that it would be in the interest 
of the Government to assign and record accountability to assure the 
proper use, maintenance, protection and disposal of property for which 
the Government is responsible. Includes, but is not restricted to 
property which:
    (1) Is leased by, in the custody of, or is loaned to or from the 
Department.
    (2) Due to inherent attractiveness and/or portability is subject to 
a high probability of theft or misuse.
    (3) Is warranted, requires knowledge of age and/or previous repair 
data when determining whether repair or replacement is appropriate.



Sec.  128-1.5002-6  Personal property management.

    A system for controlling the acquisition, receipt, storage issue, 
utilization, maintenance, protection, accountability, and disposal of 
personal property to best satisfy the program needs of the Department.



Sec.  128-1.5002-7  Property management officer (PMO).

    An individual responsible for the overall administration, 
coordination, and control of the personal property management program of 
a bureau. The designation as PMO may or may not correspond to the 
individual's official job title.



Sec.  128-1.5002-8  Property custodian (PC).

    An individual responsible for the immediate physical custody of all 
personal property under his control and for providing documentation as 
required on all actions affecting the personal property within his 
jurisdiction. The designation as PC may or may not correspond to the 
individual's official job title.

[[Page 707]]



Sec.  128-1.5002-9  Supply support system.

    The sum of all actions taken in providing buildings, equipment, 
supplies, and services to support program areas.



Sec.  128-1.5003  Primary authority and responsibility.

    (a) The Attorney General of the United States has the primary 
authority and responsibility for providing direction, leadership, and 
general supervision in the development and administration of an 
effective and efficient supply support system for the Department, to 
include:
    (1) The establishment of Department-wide policies, directions, 
regulations, and procedures satisfying the requirements of law, 
regulations, and sound management practice; and
    (2) The review, evaluation, and improvement of personal property 
management programs, functions, operations, and procedures throughout 
the Department.
    (b) Pursuant to 28 CFR 0.75 and subject to the general supervision 
of the Attorney General and the direction of the Deputy Attorney 
General, the functions described above are assigned to the Assistant 
Attorney General for Administration as delegations of authority.



Sec.  128-1.5004  Basis for delegations of authority and assignment of
responsibilities.

    Certain personal property management functions can be performed by 
an individual only under a specific grant of authority to that 
individual. Other functions may be performed simply on the basis of 
general instructions or directions or by virtue of an individual 
occupying the position to which the responsibility for the function is 
assigned. In either situation, to eliminate excessive delay and to 
reduce unnecessary involvement of multiple management levels, it is 
considered generally desirable to place authority and responsibility for 
and to exercise property management actions at the lowest organizational 
unit practical. Accordingly, specific redelegations of the authority 
vested in the Assistant Attorney General for Administration are made to 
the heads of bureaus for the personal property management functions 
listed in Sec.  128-1.5005 below. The authority to prescribe and issue 
Department-wide policies, regulations, and procedures for personal 
property management is not redelegated and remains solely within the 
jurisdiction of the Assistant Attorney General for Administration.



Sec.  128-1.5005  Delegations of authority.



Sec.  128-1.5005-1  Primary delegations.

    The following authorities are redelegated to the heads of bureaus 
for use within their respective jurisdictions and shall be exercised in 
accordance with the policies and procedures established by the Assistant 
Attorney General for Administration.
    (a) Designating the PMO, for the bureau, within the following 
limitations:
    (1) Only one PMO is to be designated for the bureau, at the bureau 
level. Neither the title designation nor the responsibilities of the PMO 
are to be delegated below that level.
    (2) One or more PC's also may be designated for the bureau, 
depending upon the size and complexity of the organizational structure. 
Each PC is responsible solely for that property within his respective 
jurisdiction. The number and distribution of PC's designated is entirely 
at the option of the head of the bureau.
    (3) There is no restriction on designating a single individual as 
PMO and PC providing that the functions and responsibilities are 
compatible and are within the capabilities of a single person.
    (b) Authorizing exceptions to the FPMR use and replacement standards 
for office machines, furniture, furnishings and typewriters specified in 
Sec. Sec.  101-25.3 and 101-25.4.
    (c) Authorizing exceptions to FPMR replacement standards for 
materials handling equipment specified in Sec.  101-25.304.
    (d) Authorizing the procurement of passenger motor vehicles with 
additional systems or equipment or the procurement of additional systems 
or equipment for passenger motor vehicles already owned or operated by 
the Government, in conformance with Federal Standards No. 122 and Sec.  
101-25.304.

[[Page 708]]

    (e) Authorizing the retention for official use by the bureau of 
abandoned or other unclaimed personal property and of personal property 
which is voluntarily abandoned or forfeited other than by court decree.
    (f) Determining when personal property becomes excess and reporting 
the excess property to the General Services Administration (GSA).
    (g) Assigning or transferring excess personal property within the 
bureau to other bureaus of the Department, other Federal agencies, the 
Legislative Branch to the Judicial Branch, to wholly-owned or mixed-
ownership Government corporations, to cost-reimbursable type 
contractors, or to authorized grantees.
    (h) Transferring property forfeited to the Government to other 
authorized recipients or requesting judicial transfer of such property 
from others to the bureau.
    (i) Determining fair market value of abandoned and other unclaimed 
property retained for official use by the bureau, for deposit to a 
special fund for reimbursement of owners.
    (j) Approving claims and reimbursing, less direct costs, former 
owners of abandoned or other unclaimed personal property which has been 
sold or retained for official use.
    (k) Recommending non-Federal grantee excess property screeners to 
GSA as required in FPMR 101-43.320(h).
    (l) When authorized by statutory authority, vesting title to 
Government-furnished personal property in contractors or grantees.
    (m) Acquiring excess personal property from other bureaus and from 
other Federal agencies.



Sec.  128-1.5005-2  Redelegations of authority.

    (a) The authorities delegated by the Assistant Attorney General for 
Administration to heads of bureaus may, in turn, be redelegated as 
necessary to enable personal property management functions to be 
performed at the organizational level best equipped to handle such 
functions, unless otherwise prohibited by this regulation.
    (b) Such redelegations can be made without the specific approval of 
the Assistant Attorney General for Administration to deputies, principal 
administrative officers, heads of field offices and installations and 
their respective deputies. Such redelegations shall not conflict with 
the duties or responsibilities assigned to the PMO, or PC under the 
JPMR.
    (c) Existing delegations of authority by the Assistant Attorney 
General for Administration in matters of personal property management 
which are not covered in this section shall continue in effect until 
modified or revoked.
    (d) Redelegations of authorities made in accordance with this 
section shall be in writing and shall be made available for audits, 
surveys, or as otherwise appropriate.



Sec.  128-1.5006  General responsibilities.



Sec.  128-1.5006-1  Head of bureau.

    The head of a bureau is responsible for establishing and 
administering a property management program within his respective 
operation which will provide for:
    (a) The planning and scheduling of property requirements to assure 
that supplies, equipment, and space are readily available to satisfy 
program needs while minimizing operating costs and inventory levels.
    (b) The creation and maintenance of complete, accurate inventory 
control and accountability record systems.
    (c) The maximum utilization of available property for official 
purposes.
    (d) The proper care and securing of property, to include storage, 
handling, preservation, and preventative maintenance.
    (e) The identification of property excess to the needs of the bureau 
which must be made available to other Departmental activities and 
reported to GSA for transfer, donation, or disposal, as appropriate, 
under the provisions of the FPMR and JPMR.
    (f) The submission of required property management reports.
    (g) The conducting of periodic management reviews within the 
activity to assure compliance with prescribed policies, regulations, and 
procedures and to determine additional guidance or training needs.

[[Page 709]]

    (h) Advising all bureau employees of their responsibilities for 
Government property.
    (i) Supporting general ledger control accounts for personal property 
by establishing subsidiary accounts and records as prescribed by the 
bureau in accordance with the provisions of DOJ Order 2110.1, Paragraph 
4(b)(c).



Sec.  128-1.5006-2  Property management officer (PMO).

    The property management officer of a bureau is responsible for 
coordinating and conducting the activities of the personal property 
management program and for performing the following functions:
    (a) Providing the required leadership, guidance, and operating 
procedures for personal property management functions.
    (b) Ensuring general ledger control accounts for personal property 
are supported by property records in accordance with DOJ Order 2110.1, 
Paragraph 6.103b(4).
    (c) Ensuring bureau compliance with the personal property management 
requirements of the FPMR and JPMR.
    (d) Designating items of controlled personal property within the 
bureau.
    (e) Ensuring records of controlled personal property are created and 
maintained by personnel other than property custodians.



Sec.  128-1.5006-3  Department employees.

    Each employee of the Department who has use of, supervises the use 
of, or has control over Government property is responsible for that 
property. This responsibility may take either or both of the following 
forms:
    (a) Supervisory responsibility, in which an officer-in-charge, and 
administrative officer, or a supervisor is obligated to establish and 
enforce necessary administrative and security measures to ensure proper 
preservation and use of all Government property under his jurisdiction.
    (b) Personal responsibility, in which each employee of the 
Department is obligated to properly care for, handle, use, and protect 
Government property issued to or assigned for the employee's use at or 
away from the office or station.



Sec.  128-1.5007  Reproduction of departmental and bureau seals.

    (a) Requests for permission to reproduce the Departmental seal for 
commercial, educational, ornamental or other purposes by other 
government agencies or private entities shall be referred to the 
Assistant Attorney General for Administration for decision.
    (b) Requests for permission to reproduce the seals of the Federal 
Bureau of Investigation, the Bureau of Prisons, the Federal Prison 
Industries, the Immigration and Naturalization Service, the Board of 
Parole, the Drug Enforcement Administration, and the United States 
Marshals Service for such purposes by other government agencies or 
private entities shall be referred to the head of the respective 
Departmental organization for decision.
    (c) The decision whether to grant such a request shall be made on a 
case-by-case basis, with consideration of any relevant factors, which 
may include the benefit or cost to the government of granting the 
request; the unintended appearance of endorsement or authentication by 
the Department; the potential for misuse; the effect upon Departmental 
security; the reputability of the use; the extent of control by the 
Department over the ultimate use; and the extent of control by the 
Department over distribution of any products or publications bearing a 
Departmental seal.

[45 FR 55727, Aug. 21, 1980]



Sec.  128-1.5009  Authorization for use of the Federal Bureau of 
Investigation anti-piracy warning seal.

    (a) Purpose. The Federal Bureau of Investigation (FBI) Anti-Piracy 
Warning Seal (``APW Seal'') is an official insignia of the FBI and the 
United States Department of Justice. The purpose of the APW Seal is to 
help detect and deter criminal violations of United States intellectual 
property laws by educating the public about the existence of these laws 
and the authority of the FBI to enforce them.
    (b) The APW Seal is a modified image of the Official FBI Seal with 
the words ``FBI ANTI-PIRACY WARNING'' displayed horizontally across its 
center in an enclosed border, whether rendered

[[Page 710]]

in color, black and white, outline, or otherwise.
    (c) The APW Seal has been approved by the Attorney General as an 
official insignia of the FBI within the meaning of Title 18, United 
States Code, Section 701, which provides criminal sanctions for 
unauthorized uses of such insignia.
    (d)(1) The regulations in this section authorize use of the APW Seal 
by copyright holders on copyrighted works including, but not limited to 
films, audio recordings, electronic media, software, books, photographs, 
etc., subject to the terms and conditions set forth in this section.
    (2) Use of the APW Seal or of the authorized warning language in a 
manner not authorized under this section may be punishable under Title 
18, United States Code, Sections 701, 709, or other applicable law.
    (e) Conditions regarding use of the APW Seal. (1) The APW Seal shall 
only be used on copyrighted works subject to protection under United 
States Criminal Code provisions such as those in Title 18, United States 
Code, Sections 2319, 2319A, and 2319B.
    (2) The APW Seal shall only be used immediately adjacent to the 
authorized warning language. ``Authorized warning language'' refers to 
the language set forth in paragraph (e)(2)(i) of this section, or 
alternative language specifically authorized in writing for this purpose 
by the Director of the FBI or his or her designee and posted on the 
FBI's official public Internet Web site (http://www.fbi.gov). Except as 
authorized pursuant to paragraph (f)(1), the APW Seal and authorized 
warning language shall be enclosed by a plain box border at all times 
that other text or images appear on the same screen or page.
    (i) ``The unauthorized reproduction or distribution of a copyrighted 
work is illegal. Criminal copyright infringement, including infringement 
without monetary gain, is investigated by the FBI and is punishable by 
fines and federal imprisonment.''
    (ii) [Reserved]
    (3) The APW Seal image must be obtained from the FBI's official 
public Internet Web site (http://www.fbi.gov). The APW Seal image shall 
not be animated or altered except that it may be rendered in outline, 
black and white, or grayscale.
    (4) In programming or reproducing the APW Seal in or on a work, 
users are encouraged to employ industry-recognized copyright anti-
circumvention or copy protection techniques to discourage copying of the 
FBI APW Seal, except that such techniques need not be used if no other 
content or advertising programmed into the same work on the same media 
utilizes such copyright anti-circumvention or copy protection 
techniques.
    (f) Prohibitions regarding use of the APW Seal. (1) The APW Seal 
shall not be used in a manner indicating FBI approval, authorization, or 
endorsement of any communication other than the authorized warning 
language. No other text or image that appears on the same screen, page, 
package, etc., as the APW Seal or authorized warning language shall 
reference, contradict, or be displayed in a manner that appears to be 
associated with, the APW Seal or authorized warning language, except as 
authorized in writing by the Director of the FBI or his or her designee 
and posted on the FBI's official public Internet Web site (http://
www.fbi.gov).
    (2) The APW Seal shall not be used on any work whose production, 
sale, public presentation, or distribution by mail or in or affecting 
interstate commerce would violate the laws of the United States 
including, but not limited to, those protecting intellectual property 
and those prohibiting child pornography and obscenity.
    (3) The APW Seal shall not be forwarded or copied except as 
necessary to display it on an eligible work.
    (4) The APW Seal shall not be used in any manner:
    (i) Indicating that the FBI has approved, authorized, or endorsed 
any work, product, production, or private entity, including the work on 
which it appears;
    (ii) Indicating that the FBI has determined that a particular work 
or portion thereof is entitled to protection of the law; or,
    (iii) Indicating that any item or communication, except as provided 
herein, originated from, on behalf of, or in coordination with the FBI, 
whether for

[[Page 711]]

enforcement purposes, education, or otherwise.

[77 FR 41320, July 13, 2012]



                 Subpart 128	1.80_Seismic Safety Program

    Authority: 42 U.S.C. 7701 et seq., E.O. 12699 (3 CFR, 1990 Comp., p. 
269).

    Source: 58 FR 42876, Aug. 12, 1993; 59 FR 33439, June 29, 1994, 
unless otherwise noted.



Sec.  128-1.8000  Scope.

    This subpart establishes a Seismic Safety Program for the Department 
of Justice and sets forth the policies and procedures for obtaining 
compliance with Executive Order 12699 (Executive Order), ``Seismic 
Safety of Federal and Federally Assisted or Regulated New Building 
Construction.''



Sec.  128-1.8001  Background.

    The Earthquake Hazards Reduction Act of 1977 (Act), 42 U.S.C. 7701, 
et seq., as amended, directs the Federal government to establish and 
maintain an effective earthquake hazards reduction program to reduce the 
risks to life and property from future earthquakes. Executive Order 
12699 implements certain provisions of the Act by requiring Federal 
agencies responsible for the design and construction of new buildings to 
develop and implement a seismic safety program. The regulations in this 
subpart implement the Executive Order, and apply to buildings designed 
and constructed under the responsibility of the Department of Justice. 
These regulations do not apply to buildings used by the Department and 
obtained, through purchase or lease, by the General Services 
Administration or other Federal agencies.



Sec.  128-1.8002  Definitions of terms.

    (a) Construction documents--Detailed plans and specifications for 
the construction of a building.
    (b) Building--Any structure, fully or partially enclosed, used or 
intended for sheltering persons or property.
    (c) New building--A building, or an addition to an existing 
building, for which development of construction documents was initiated 
after January 5, 1990.
    (d) Leased building--A new building constructed expressly for lease 
by the Department of Justice, and for which the Department contracted 
with the lessor or owner to develop construction documents to meet the 
specifications of the Department.
    (e) Purchased building--A new building constructed expressly for 
purchase by the Department, and for which the Department contracted with 
the owner/developer to develop construction documents meeting the 
specifications of the Department.
    (f) Assisted or regulated building--A new building designed and 
constructed with funding assistance from the Department through Federal 
grants or loans, or guarantees of financing, through loan or mortgage 
insurance programs.
    (g) Covered building--a new building owned, leased, purchased, or 
assisted or regulated by the Department of Justice.



Sec.  128-1.8003  Objective.

    The Department shall comply with Executive Order 12699 for the 
purpose of reducing the risks to lives of occupants of new buildings 
owned by the Department, leased for Department uses, or purchased and 
constructed with assistance from the Department, and to other persons 
who would be affected by the failure of such buildings in earthquakes; 
improving the capability of essential new Department buildings to 
function during or after an earthquake; and protecting public 
investments in all covered buildings; all in a cost-effective manner.



Sec.  128-1.8004  Seismic Safety Coordinators.

    (a) The Justice Management Division shall designate an individual 
with technical training, engineering experience and a seismic background 
as the Department of Justice Seismic Safety Coordinator who shall 
provide overall guidance for the implementation of the Seismic Safety 
Program for the Department. The Department Seismic Safety Coordinator 
shall, at a minimum:

[[Page 712]]

    (1) Monitor the execution and results of the efforts of the 
Department to upgrade the seismic safety of the Department's new 
construction activities;
    (2) Implement seismic safety program changes, as required;
    (3) Act as a point-of-contact for the Department in maintaining 
necessary records, and consolidate data pertaining to the seismic safety 
activities in the Department;
    (4) Monitor and record the cost, construction and other consequences 
attributable to compliance with the Executive Order;
    (5) Notify each Component Seismic Coordinator about what information 
he must maintain under the Seismic Safety Program and what reports he 
must prepare;
    (6) Prepare and forward for submission all reports, as required by 
law and regulation;
    (7) Manage the Seismic Safety Program for all components of the 
Department, with the exception of the components listed in paragraph (b) 
of this section.
    (b) The Component Head for the Bureau of Prisons, the Drug 
Enforcement Administration, the Federal Bureau of Investigation, the 
Immigration and Naturalization Service, and the United States Marshals 
Service, shall designate a Component Seismic Safety Coordinator for his/
her respective component. Each of these Component Seismic Safety 
Coordinators shall manage and implement the seismic safety policies and 
activities within the component. The Component Seismic Safety 
Coordinators shall, at a minimum:
    (1) Provide guidance to component employees who undertake building 
activity;
    (2) Maintain and provide data about the Seismic Safety Program, as 
requested by the Department Seismic Safety Coordinator;
    (3) Monitor and record the cost, construction and other consequences 
attributable to compliance with the Executive Order; and
    (4) Submit an annual Seismic Safety Program status report as 
directed by the Department Seismic Safety Coordinator.



Sec.  128-1.8005  Seismic safety standards.

    (a) To meet the building and construction requirements of this 
subpart, the Department, except as noted, adopts as its seismic safety 
standards the seismic safety levels set forth in the model building 
codes that the Interagency Committee on Seismic Safety in Construction 
(ICSSC) recognizes and recommends as appropriate for implementing the 
Executive Order. The ICSSC, as of the date of this rule, recognizes and 
recommends:
    (1) The 1991 International Conference of Building Officials (ICBO) 
Uniform Building Code (UBC);
    (2) The 1992 Supplement to the Building Officials and Code 
Administrators International (BOCA) National Building Code (NBC); and
    (3) The 1992 Amendments to the Southern Building Code Congress 
(SBCC) Standard Building Code (SBC).
    (b) The seismic design and construction of a covered building shall 
conform to the model code applicable in the locality where the building 
is constructed, unless:
    (1) The building code for the locality provides a higher level of 
seismic safety than provided by the appropriate model code, in which 
case the local code shall be utilized as the standard; or
    (2) The locality does not have seismic safety building requirements, 
in which case the ICSSC model building code appropriate for that 
geographic area shall be utilized as the standard.



Sec.  128-1.8006  Seismic Safety Program requirements.

    The Department Seismic Safety Coordinator and each Component Seismic 
Safety Coordinator shall ensure that an individual familiar with seismic 
design provisions of the Seismic Safety Standards (appropriate 
standards), or a professional, licensed engineer shall conduct the 
reviews required under this section, as appropriate.
    (a) New building projects. Construction documents initiated after 
August 12, 1993, and which apply to new construction projects, shall 
comply with the appropriate standards and shall be reviewed for 
compliance. Once the reviewer determines that the documents comply, the 
reviewer shall affix his/her

[[Page 713]]

signature and seal (if a licensed engineer) to the approved documents 
and provide a statement certifying compliance with the appropriate 
standards.
    (b) Existing building projects. For new buildings with construction 
documents that were initiated prior to August 12, 1993, the documents 
shall be reviewed to determine whether they comply with the appropriate 
standards. If the reviewer determines that the documents comply with the 
standard, the reviewer shall affix his/her signature and seal (if a 
licensed engineer) to the approved documents and provide a statement 
certifying compliance with the appropriate standards. If the reviewer 
determines that seismic deficiencies exist, the appropriate Component 
Head shall ensure completion of one of the following:
    (1) For a new building project for which a contract for construction 
has not been awarded, the construction documents shall be revised to 
incorporate the appropriate standards. The revised construction 
documents shall then be reviewed for compliance. Once the reviewer 
determines that the documents comply with the standard, the reviewer 
shall affix his/her signature and seal (if a licensed engineer) to the 
approved documents and provide a statement certifying compliance with 
the Department standards.
    (2) For a new building under construction, or for which construction 
has been completed, a corrective action plan shall be devised to bring 
the building into compliance with the appropriate standards. The plan 
shall then be reviewed for compliance. Once the reviewer determines that 
the plan complies with the standard, the reviewer shall affix his/her 
signature and seal (if a licensed engineer) to the approved documents 
and provide a statement certifying compliance with the Department 
standards. The Component Head shall ensure implementation of the 
approved plan.
    (3) For an addition to an existing building, the review shall 
account for, in addition to the requirements provided in paragraphs (b) 
(1) or (2) of this section, as appropriate, any effect the addition will 
have on the seismic resistance of the existing portion of the structure. 
If the reviewer determines that the addition will decrease the level of 
seismic resistance of the existing building, the appropriate Component 
Head shall develop a plan of corrective action to restore the seismic 
integrity of the existing structure. Once the plan of corrective action 
has been accomplished, the reviewer shall verify that the current level 
of seismic resistance of the existing building at least equals the 
seismic resistance level of the building before the addition.
    (c) The Department Seismic Safety Coordinator and each Component 
Seismic Safety Coordinator shall ensure that statements verifying 
compliance made under this subpart have been completed and retained by 
the appropriate contracting officer when the Department contracted for 
design or design review services, or by an individual designated by the 
Component Head where the Department has not contracted for either design 
or design review.



Sec.  128-1.8007  Reporting.

    The Department shall file reports on the execution of the Executive 
Order as required under the Order, and as required by the Federal 
Emergency Management Agency.



Sec.  128-1.8008  Exemptions.

    The Executive Order exempts from the regulations in this subpart 
only those categories of buildings exempted by the ``National Earthquake 
Hazards Reduction Program Recommended Provisions for the Development of 
Seismic Regulations for New Buildings.'' The Department Seismic Safety 
Coordinator shall maintain the latest version of this document.



Sec.  128-1.8009  Review of Seismic Safety Program.

    The Department shall review and, as necessary, revise the Seismic 
Safety Program once every three years from August 12, 1993.



Sec.  128-1.8010  Judicial review.

    Nothing in this subpart is intended to create any right or benefit, 
substantive or procedural, enforceable at law by a party against the 
Department

[[Page 714]]

of Justice, its Seismic Safety Coordinators, its officers, or any 
employee of the Department.



PART 128	18_ACQUISITION OF REAL PROPERTY--Table of Contents





   Subpart 128	18.50_Uniform Relocation Assistance and Real Property 
         Acquisition for Federal and Federally Assisted Programs

    Authority: Sec. 213, Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42 
U.S.C. 4601) as amended by the Surface Transportation and Uniform 
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101 Stat. 
246-256 (42 U.S.C. 4601 note).



Sec.  128-18.5001-1  Uniform relocation assistance and real property
acquisition.

    Regulations and procedures for complying with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 
91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV 
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth 
in 49 CFR part 25.

[52 FR 48025, Dec. 17, 1987]



PART 128	48_UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND
FORFEITED PERSONAL PROPERTY--Table of Contents



Sec.
128-48.001 Definitions.
128-48.001-5 Forfeited property.
128-48.001-50 Administrative or summary process.

    Subpart 128	48.1_Utilization of Abandoned and Forfeited Personal 
                                Property

128-48.102-1 Vesting of title in the United States.
128-48.102-4 Proceeds.
128-48.150 Determination of type of property.

 Subpart 128	48.3_Disposal of Abandoned and Forfeited Personal Property

128-48.305-1 Abandoned or other unclaimed property.

    Subpart 128	48.50_Proper Claims for Abandoned or Other Unclaimed 
                            Personal Property

128-48.500 Scope of subpart.
128-48.501 Definitions.
128-48.501-1 Determining official.
128-48.501-2 Claimant.
128-48.501-3 Owner.
128-48.501-4 Person.
128-48.502 Procedures relating to claims.
128-48.503 General procedures.

    Authority: 41 CFR 128-1.105.

    Source: 43 FR 3279, Jan. 24, 1978, unless otherwise noted.



Sec.  128-48.001  Definitions.



Sec.  128-48.001-5  Forfeited property.

    Personal property acquired by a bureau, either by administrative 
process or by order of a court of competent jurisdiction pursuant to any 
law of the United States.



Sec.  128-48.001-50  Administrative or summary process.

    Forfeiture is achieved by direction of the seizing bureau in lieu of 
the courts. The phrase shall be interpreted to mean by administrative 
process.



    Subpart 128	48.1_Utilization of Abandoned and Forfeited Personal 
                                Property



Sec.  128-48.102-1  Vesting of title in the United States.

    (a) 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 bureau finding such property.
    (b) If the owner of such property is known, the owner shall be 
notified within 20 days of finding such property by certified mail at 
the owner's address of record that the property may be claimed by the 
owner or his designee and that if the property is not claimed within 30 
days from the date the letter

[[Page 715]]

of notification is postmarked, the title of the property will vest in 
the United States.
    (c) If the owner of such property is not known and the estimated 
value of the property exceeds $100, the bureau shall post notice within 
20 days of finding such property, which contains the following 
information:
    (1) A description of the property including model or serial numbers, 
if known.
    (2) A statement of the location where the property was found and the 
office that has custody of it.
    (3) A statement that any person desiring to claim the property must 
file with the bureau within 30 days from the date of first publication a 
claim for said property.
    (4) A complete mailing address is to be provided as a point of 
contact within the bureau for any person to obtain additional 
information concerning the property or the procedures involved in filing 
a claim.


Notice must be published once a week for at least three successive 
weeks. Sound judgment and discretion must be used in selecting the 
publication medium. Advertisements should be placed in a publication of 
general circulation within the judicial district where the property was 
found.
    (d) Property, as described in paragraphs (b) and (c) of this 
section, shall be held for a period of 30 days from the date of the 
first publication of notice. Upon the 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 within three years 
from the date of vesting of title in the United States, but if the 
property has been in official use, transferred for official use, or sold 
at the time the proper claim is approved, title shall not revert back to 
the former owner. The former owner shall instead obtain reimbursement in 
accordance with 41 CFR 101-48.102-4 or 101-48.305-1.
    (e) If the owner of such property is unknown and the estimated value 
of the property is $100 or less, no notice is required, and the property 
shall be held for a period of 30 days from the date of finding the 
property. Upon expiration of this 30-day period, title to such property 
vests in the United States.



Sec.  128-48.102-4  Proceeds.

    (a) Records of abandoned or other unclaimed property will be 
maintained in such a manner as to permit identification of the property 
with the original owner, if known, when such property is put into 
official use or transferred for official use by the finding bureau. 
Records will be maintained until the three-year period for filing claims 
has elapsed to enable the bureau to determine the amount of 
reimbursement due to a former owner who has filed a proper claim for 
abandoned or other unclaimed property.
    (b) Reimbursement for official use by the finding bureau or transfer 
for official use of abandoned or other unclaimed property that has been 
placed in a special fund by the bureau for more than three years shall 
be deposited in the Treasury of the United States as miscellaneous 
receipts, or in such other bureau accounts as provided by law.



Sec.  128-48.150  Determination of type of property.

    If a bureau is unable to determine whether the personal property in 
its custody is abandoned or voluntarily abandoned, the bureau shall 
contact the regional office of the General Services Administration for 
the region in which the property is located for such a determination.



 Subpart 128	48.3_Disposal of Abandoned and Forfeited Personal Property



Sec.  128-48.305-1  Abandoned or other unclaimed property.

    Proceeds from the sale of abandoned or other unclaimed property that 
have been placed in a special fund by a bureau for more than three years 
shall be deposited in the Treasury of the United States as miscellaneous 
receipts, or in such other bureau accounts as provided by law.

[[Page 716]]



    Subpart 128	48.50_Proper Claims for Abandoned or Other Unclaimed 
                            Personal Property



Sec.  128-48.500  Scope of subpart.

    This subpart sets forth the policies in regard to proper claims for 
abandoned or other unclaimed property.



Sec.  128-48.501  Definitions.



Sec.  128-48.501-1  Determining official.

    The official who has the authority to grant or deny the claim for 
the abandoned or other unclaimed property.



Sec.  128-48.501-2  Claimant.

    The person who submitted the claim for the abandoned or other 
unclaimed property.



Sec.  128-48.501-3  Owner.

    The person who has primary and direct title to property (see 28 CFR 
9.2(e)).



Sec.  128-48.501-4  Person.

    An individual, partnership, corporation, joint venture, or other 
entity capable of owning property (see 28 CFR 9.2(f)).



Sec.  128-48.502  Procedures relating to claims.

    (a) Upon receipt of a claim, an investigation shall be conducted to 
determine the merits of the claim, and the investigation's report shall 
be submitted to the determining official.
    (b) The determining official shall be designated by the head of a 
bureau.
    (c) Upon receipt of a claim and the report thereon by the 
determining official, he shall make a ruling based upon the claim and 
the investigation's report.
    (d) Notice of the granting or denial of a claim for abandoned or 
other unclaimed property shall be mailed to the claimant or his 
attorney. If the claim is granted, the conditions of relief and the 
procedures to be followed to obtain the relief shall be set forth. If 
the claim is denied, the claimant shall be advised of the reason for 
such denial.
    (e) A request for reconsideration of the claim may be submitted 
within 10 days from the date of the letter denying the claim. Such 
request shall be addressed to the head of the bureau and shall be based 
on evidence recently developed or not previously considered.



Sec.  128-48.503  General procedures.

    (a) Claims shall be sworn and shall include the following 
information in clear and concise terms:
    (1) A complete description of the property including serial numbers, 
if any.
    (2) The interest of the claimant in the property, as owner, 
mortgagee, or otherwise, to be supported by bills of sale, contracts, 
mortgages, or other satisfactory documentary evidence.
    (3) The facts and circumstances, to be established by satisfactory 
proof, relied upon by the claimant to justify the granting of the claim.
    (b) If the claim is filed before title has vested in the United 
States, the determining official shall not grant the claim for the 
abandoned or other unclaimed property unless the claimant establishes a 
valid, good faith interest in the property.
    (c) If the claim is filed after title has vested in the United 
States, the determining official shall not grant the claim for abandoned 
or other unclaimed property unless the claimant:
    (1) Establishes that he would have a valid, good faith interest in 
the property had not title vested in the United States; and
    (2) Establishes that he had no actual or constructive notice, prior 
to the vesting of title in the United States, that the property was in 
the custody of a bureau and that title, after the appropriate time 
period, would vest in the United States. A claimant shall be presumed to 
have constructive notice upon publication in a suitable medium 
concerning the property unless he was in such circumstances as to 
prevent him from knowing of the status of the property or having the 
opportunity to see the notice.



PART 128	50_SEIZED PERSONAL PROPERTY--Table of Contents



Sec.
128-50.000 Scope of part.
128-50.001 Definitions.
128-50.001-1 Seized personal property.

[[Page 717]]

      Subpart 128	50.1_Storage and Care of Seized Personal Property

128-50.100 Storage and care.
128-50.101 Inventory records.
128-50.102 Periodic reviews.
128-50.103 Investigation of any discrepancy.

    Authority: 41 CFR 128-1.105.

    Source: 43 FR 3279, Jan. 24, 1978, unless otherwise noted.



Sec.  128-50.000  Scope of part.

    This part prescribes the policies for the storage and care of seized 
personal property; the preparation and maintenance of inventory records 
of its seized personal property; the conducting of periodic internal 
reviews; and the investigation of any discrepancy between the inventory 
records and the actual amount of its seized personal property.



Sec.  128-50.001  Definitions.



Sec.  128-50.001-1  Seized personal property.

    Personal property for which the Government does not have title but 
which the Government has obtained custody or control of in accordance 
with 15 U.S.C. 1177; 18 U.S.C. 924(d), 1955(d), 2513, 3611, 3612, 3615; 
19 U.S.C. 1595a; 21 U.S.C. 881; 22 U.S.C. 401; Fed. R. Crim. P. 41(b); 
28 CFR 0.86, 0.89, 0.111(j), 3.5, 3.6, 8.1, 8.2, 9a.1, 9a.2; or other 
statutory authority.



      Subpart 128	50.1_Storage and Care of Seized Personal Property



Sec.  128-50.100  Storage and care.

    (a) Each bureau shall be responsible for providing that its seized 
personal property storage facilities meet the safeguarding standards 
applicable to the type of property being stored.
    (b) Each bureau shall be responsible for performing care on its 
seized personal property to prevent the unnecessary deterioration of 
such property. In particular, a bureau preparing a seized vehicle for 
storage should be at a minimum;
    (1) Protect the cooling system from freezing;
    (2) Protect the battery by assuring it is properly watered;
    (3) Protect the tires by inflating to correct pressure;
    (4) Remove all articles found in the vehicle's interior (for 
example, easily removable radios, tape players, and speakers) and all 
exterior accessories (for example, wheel covers) that are subject to 
pilferage and properly store them; and
    (5) Shut all windows and lock all doors and compartments that have 
locks.



Sec.  128-50.101  Inventory records.

    Each bureau shall be responsible for establishing and maintaining 
inventory records of its seized personal property to ensure that:
    (a) The date the property was seized is recorded;
    (b) All of the property associated with a case is recorded together 
under the case name and number;
    (c) The location of storage of the property is recorded;
    (d) A well documented chain of custody is kept; and
    (e) All information in the inventory records is accurate and 
current.



Sec.  128-50.102  Periodic reviews.

    Each bureau shall be responsible for performing an independent 
accountability review at least once a year to ensure compliance with 
this subpart and with the bureau's procedures for the handling, storage, 
and disposal of its seized personal property. In particular, a bureau 
conducting a review shall verify that the inventory records are 
accurate, current, and are being kept in accordance with established 
inventory procedures.



Sec.  128-50.103  Investigation of any discrepancy.

    (a) Upon discovery of any discrepancy between the inventory records 
and the bureau's actual amount of seized personal property, a board of 
survey shall conduct an investigation in accordance with 41 CFR 128-
51.1.
    (b) If the discrepancy cannot be eliminated and involves a shortage, 
the bureau shall notify the U.S. attorney in charge of the litigation 
involving the missing property of the shortage as soon as possible.
    (c) If the discrepancy cannot be eliminated and involves an overage,

[[Page 718]]

the bureau shall determine if the property has any evidentiary value. If 
the property does have evidentiary value, the property shall be properly 
stored and inventoried. If the property does not have any evidentiary 
value, the bureau shall determine whether the property is forfeitable to 
the United States, voluntarily abandoned, or abandoned. Proper 
proceedings shall be commenced as soon as possible to vest title of the 
forfeitable property in the United States. The voluntarily abandoned and 
abandoned property shall be kept in custody in accordance with 41 CFR 
101-48 and any applicable Justice property management regulations.



                       CHAPTERS 129	200 [RESERVED]



[[Page 719]]



                              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 721]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 722]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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 (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

[[Page 723]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

[[Page 724]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

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

[[Page 725]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                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  [Reserved]
      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  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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 Policy and New Uses, 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)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and 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]

[[Page 726]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), 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)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      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  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 727]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      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--1199)
         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)
        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)

[[Page 728]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            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) [Reserved]

                    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  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 729]]

                     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  Office of Workers' Compensation Programs, 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 Service, 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  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance 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)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 730]]

                          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) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 731]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       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--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        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 (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   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 732]]

        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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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

[[Page 733]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      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  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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 Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 734]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       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 (Parts 1500--
                1599)
       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  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 735]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        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)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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)
   62--100  [Reserved]
            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)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 736]]

       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)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       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)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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)

[[Page 737]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, 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 of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 738]]

                      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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 739]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                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 Homeland Security (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 (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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)

[[Page 740]]

        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)

[[Page 741]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 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
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  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 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 of                          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
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 742]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               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
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 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 of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 743]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       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
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
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 Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 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                   2, XV; 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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 744]]

Export-Import Bank of the United States           2, XXXV; 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 Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
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 Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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 Permitting Improvement Steering Council   40, IX
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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 Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 745]]

  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 Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 746]]

Indian Health Service                             25, V
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, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
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
Investment Security, Office of                    31, VIII
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 of                            2, XXVIII; 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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 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
  Federal Acquisition Regulation                  48, 29

[[Page 747]]

  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, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 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   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 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                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 748]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, 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
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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 of                              2, VI; 22, I; 28, XI

[[Page 749]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  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
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  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 of the                       2, X; 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 and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 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
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 751]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

41 CFR
                                                                   83 FR
                                                                    Page
Chapter 102
102-84 Removed.....................................................42449
Chapter 105
105-70 Authority citation revised...................................1304
105-70.003 (a)(1)(iv) and (b)(1)(ii) amended........................1304

                                  2019

41 CFR
                                                                   84 FR
                                                                    Page
Chapter 105
105-70 Authority citation revised..................................53065
105-70.003 (a)(1)(iv) and (b)(1)(ii) amended.......................53065

                                  2020

41 CFR
                                                                   85 FR
                                                                    Page
Chapter 102
102-34 Guidance....................................................82358
102-77 Revised.....................................................60384
102-82 Revised......................................................5903
102-83 Policy statement............................................60385
Chapter 105
105-60 Revised......................................................5138
105-60.1001--105-60.1008 (Subpart L) Added.........................52050

                                  2021

41 CFR
                                                                   86 FR
                                                                    Page
Chapter 105
105-70.003 (a)(1)(iv) and (b)(1)(ii) amended.......................21949

                                  2022

41 CFR
                                                                   87 FR
                                                                    Page
Chapter 102
102-35.10 (e) through (g) revised...................................6043
102-74 Authority citation revised..................................54170
102-74.410 (d) through (f) redesignated as (e) through (g); new 
        (d) added..................................................54170
102-77 Revised......................................................5717
102-81 Revised.....................................................51919
102-117.20 Amended; eff. 8-29-22...................................32322
102-117.25 Amended; eff. 8-29-22...................................32322
102-117.35 (b)(2) amended; (b)(3) removed; (b)(4) redesignated as 
        new (b)(3); eff. 8-29-22...................................32322
102-117.65 (f) revised; eff. 8-29-22...............................32322
102-117.80 (b) revised; eff. 8-29-22...............................32322
102-117.85 (a) amended; eff. 8-29-22...............................32322
102-117.135 (a)(1)(i) amended; (b) revised; eff. 8-29-22...........32322
102-117.140 Revised; eff. 8-29-22..................................32322

[[Page 752]]

102-117.145 Amended; eff. 8-29-22..................................32322
102-117.150 (c) revised; eff. 8-29-22..............................32322
102-117.155 Amended; eff. 8-29-22..................................32322
102-117.170 Revised; eff. 8-29-22..................................32322
102-117.185 Revised; eff. 8-29-22..................................32323
102-117.220 (a)(3) amended; note removed; eff. 8-29-22.............32323
102-117.235 Revised; eff. 8-29-22..................................32323
102-117.240 Note redesignated as Note 1 and amended; eff. 8-29-22 
                                                                   32323
102-117.250 (b) revised; eff. 8-29-22..............................32323
102-117.260 (c) amended; eff. 8-29-22..............................32323
102-117.270 (a) amended; eff. 8-29-22..............................32323
102-117.300 (b) amended; eff. 8-29-22..............................32323
102-117.315 Amended; eff. 8-29-22..................................32323
102-117.325 Amended; eff. 8-29-22..................................32323
102-117.335 Revised; eff. 8-29-22..................................32323
102-117.340 (b) amended; eff. 8-29-22..............................32323
102-117.345 Removed; eff. 8-29-22..................................32323
102-117.350 Revised; eff. 8-29-22..................................32323
102-117.360 Removed; eff. 8-29-22..................................32323
102-117.361--102-117.362 (Subpart L) Heading revised; eff. 8-29-22
                                                                   32323
102-117.361 Heading, introductory text, and (b) revised; eff. 8-
        29-22......................................................32323
102-117.362 Revised; eff. 8-29-22..................................32324
102-117.385 Revised; eff. 8-29-22..................................32324
102-117.390 Revised; eff. 8-29-22..................................32324
102-118.35 Amended; eff. 8-29-22...................................32324
102-118.40 (b) amended; eff. 8-29-22...............................32324
102-118.65 Amended; eff. 8-29-22...................................32324
102-118.80 Amended; eff. 8-29-22...................................32324
102-118.90 Amended; eff. 8-29-22...................................32324
102-118.92 Amended; eff. 8-29-22...................................32324
102-118.95 (b) and (d) revised; note removed; eff. 8-29-22.........32324
102-118.100 Revised; eff. 8-29-22..................................32324
102-118.105 Amended; eff. 8-29-22..................................32324
102-118.110 Amended; eff. 8-29-22..................................32324
102-118.115 Amended; eff. 8-29-22..................................32324
102-118.140 (a) and (d) amended; eff. 8-29-22......................32324
102-118.170 Revised; eff. 8-29-22..................................32325
102-118.195 Amended; eff. 8-29-22..................................32325
102-118.230 Amended; eff. 8-29-22..................................32325
102-118.240 Revised; eff. 8-29-22..................................32325
102-118.245 Revised; eff. 8-29-22..................................32325
102-118.260 (a) revised; (d) and (e) removed; eff. 8-29-22.........32325
102-118.275 (c)(3) and (4) revised; eff. 8-29-22...................32325
102-118.280 (a)(1) revised; eff. 8-29-22...........................32325
102-118.285 (e)(2) and (i) amended; eff. 8-29-22...................32325
102-118.415 Amended; eff. 8-29-22..................................32325
102-118.470 Heading and introductory text revised; eff. 8-29-22....32325
102-118.490 Revised; eff. 8-29-22..................................32325
102-118.500 Revised; eff. 8-29-22..................................32325
102-118.505 Amended; eff. 8-29-22..................................32325
102-118.510 Amended; eff. 8-29-22..................................32326
102-118.520 Amended; eff. 8-29-22..................................32326
102-118.530 Amended; eff. 8-29-22..................................32326
102-118.535 Revised; eff. 8-29-22..................................32326
102-118.540 Amended; eff. 8-29-22..................................32326
102-118.550 Revised; eff. 8-29-22..................................32326
102-118.560 Revised; eff. 8-29-22..................................32326
102-118.575 Revised; eff. 8-29-22..................................32326
102-118.580 Heading revised; introductory text amended; (a) 
        through (d) removed; eff. 8-29-22..........................32326
102-118.590 Amended; eff. 8-29-22..................................32326
102-118.600 Revised; eff. 8-29-22..................................32326
102-118.605 (b) amended; eff. 8-29-22..............................32326
102-118.610 Amended; eff. 8-29-22..................................32326
102-118.615 Amended; eff. 8-29-22..................................32326
102-118.620 Amended; eff. 8-29-22..................................32326
102-118.630 Revised; eff. 8-29-22..................................32326

[[Page 753]]

102-118.635 Amended; eff. 8-29-22..................................32326
102-118.640 (a), (b), and (d) amended; eff. 8-29-22................32326
102-118.645 Revised; eff. 8-29-22..................................32327
102-118.655 Introductory text amended; (a) through (d) removed; 
        eff. 8-29-22...............................................32327
102-118.670 Amended; eff. 8-29-22..................................32327
102-173 Removed; interim............................................1081
102-173 Removed....................................................44280
Chapter 105
105-70 Authority citation revised...................................2350
105-70.003 (a)(1)(iv) and (b)(1)(ii) amended........................2350

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

41 CFR
                                                                   88 FR
                                                                    Page
Chapter 102
102-39.20 Amended..................................................25511
102-39.25 Amended..................................................25511
102-39.40 Revised..................................................25511
102-39.60 (a) revised..............................................25511
102-39.65 (d) amended; (e) redesignated as (f); new (e) added......25511
102-39.80 Amended..................................................25511
102-39.85 Revised..................................................25511
102-39.90 Added....................................................25511
102-73 Authority citation revised..................................14065
102-73.5 Revised...................................................14065
102-73.310--103-73.340 (Subpart D) Added...........................14065
Chapter 105
105-64.001 Amended.................................................32140
105-64.107 (c) added...............................................32140
105-70.003 (a)(1)(iv) and (b)(1)(ii) amended........................2248


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