Disposition Excess Personal Property

§ 102–36.10

41 CFR Ch. 102 (7–1–16 Edition)

Government personal property by executive agencies.

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.

[71 FR 53571, Sept. 12, 2006]

§ 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]

§ 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.
§ 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.
§ 102–36.25 How do we request a deviation from these requirements and
who can approve it?
See §§ 102–2.60 through 102–2.110 of
this chapter to request a deviation
from the requirements of this part.
§ 102–36.30 When is personal property
excess?
Personal property is excess when it is
no longer needed by the activities
within your agency to carry out the
functions of official programs, as determined by the agency head or designee.

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

DEFINITIONS
§ 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

§ 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

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