[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67617-67619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21697]





48 CFR Part 8

[FAC 2021-02; FAR Case 2019-019; Item III; Docket No. FAR 2019-0019, 
Sequence No. 1]
RIN 9000-AO02

Federal Acquisition Regulation: Update to Excess Personal 
Property Procedures

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: DoD, GSA, and NASA are issuing a final rule to amend the 
Federal Acquisition Regulation (FAR) to update internal Government 
procedures on how agencies can locate excess personal property and to 
remove obsolete requirements.

DATES: Effective: November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at 703-605-2868, or by email at [email protected] for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite FAC 2021-02, FAR Case 


[[Page 67618]]

I. Background

    DoD, GSA, and NASA are amending the FAR to update internal 
Government procedures related to excess personal property and to remove 
obsolete requirements. FAR part 2 defines ``excess personal property'' 
to mean any personal property under the control of a Federal agency 
that the agency head determines is not required for its needs or for 
the discharge of its responsibilities. Excess personal property is a 
mandatory source of supply for Federal agencies (see FAR 8.002). 
Agencies are required to satisfy their requirements for supplies from 
the excess personal property of other agencies, when practicable, 
before initiating a contract action. This rule updates FAR guidance on 
obtaining information about available excess personal property to 
reflect the current processes and sources established by GSA Federal 
Acquisition Service's Office of Personal Property Management (PPMO), 
which helps agencies dispose of personal property that is no longer 
needed and alternately helps agencies acquire this excess personal 
    Federal policy and procedures relating to excess personal property 
are found in the Federal Management Regulations at 41 CFR part 102-36. 
FAR subpart 8.1, Excess Personal Property, contains information to 
ensure the acquisition workforce is aware of the Government's policies 
on the use of excess personal property and provides the workforce with 
references to find more information about excess personal property.
    FAR subpart 8.1 has not been substantively amended since its 
original publication in 1983. As a result, the subpart reflects 
outdated and obsolete procedures, such as agencies having to submit GSA 
Form 1539, Request for Excess Personal Property, to get information on 
the availability of excess personal property; the GSA Form 1539 was 
discontinued in 1997. Similarly, agencies can no longer look at 
``reports and samples'' of excess personal property in GSA regional 
offices or at excess personal property ``catalogs and bulletins'' 
issued by GSA.
    Based on input from the PPMO, FAR subpart 8.1 is amended to reflect 
current practices for making excess personal property information 
available to agencies (i.e., GSAXcess[supreg]) and how agencies can 
contact the PPMO.
    Specifically, this rule removes references to catalogs and 
bulletins issued by GSA, the use of a discontinued GSA form, and the 
ability to the examine reports and samples of excess personal property 
in GSA regional offices. Instead, the rule identifies the website 
through which agencies can find information on available excess 
personal property. Additionally, this rule updates the name of the 
offices handling excess personal property within GSA and provides a 
website containing contact information for those offices.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-The-Shelf (COTS) Items

    This rule simply removes and updates obsolete guidance that is used 
solely for the internal operating procedures of the Government. This 
rule does not impose any new requirements on contracts at or below the 
SAT, or to acquisitions for commercial items, including COTS items.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statutory provision that applies to the publication of the FAR 
is 41 U.S.C. 1707. Specifically, 41 U.S.C. 1707(a)(1) requires that a 
procurement policy, regulation, procedure or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because DoD, GSA, and NASA are merely removing and updating obsolete 
information in the FAR that is used solely for the internal operating 
procedures of the Government.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule is not a significant regulatory action and therefore, this 
rule was not subject to the review of the Office of Information and 
Regulatory Affairs under section 6(b) of E.O. 12866. This rule is not a 
major rule under 5 U.S.C. 804.

V. Executive Order 13771

    This final rule is not subject to E.O. 13771, Reducing Regulation 
and controlling Regulatory Costs, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

VII. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 8

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 8 as set forth 


1. The authority citation for 48 CFR part 8 continues to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

8.102   [Amended]

2. Amend section 8.102 by removing the word ``must'' twice and adding 
``shall'' in their places, respectively.

3. Revise section 8.103 to read as follows:

8.103  Information on available excess personal property.

    Information regarding the availability of excess personal property 
can be obtained through--
    (a) Reviewing and requesting available excess personal property in 
GSAXcess[supreg] (see https://gsaxcess.gov); and
    (b) Personal contact with GSA or the activity holding the property.

4. Amend section 8.104 by--
a. Removing ``102-36.90'' and ``regional office'' and adding ``102-

[[Page 67619]]

36.220'' and ``Personal Property Management office'' in their places, 
b. Adding a sentence at the end of the section.
    The addition reads as follows:

8.104  Obtaining nonreportable property.

     * * * Visit www.gsa.gov/ppmo for contact information.

[FR Doc. 2020-21697 Filed 10-22-20; 8:45 am]