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  <FMTR>
    <TITLEPG>
      <CODE>CODE OF FEDERAL REGULATIONS</CODE>
      <PRTPAGE P="1"/>41<PARTS>Chapters 102 to 200</PARTS>
      <REVISED>Revised as of July 1, 2000</REVISED>
      <SUBJECT>Public Contracts and Property Management</SUBJECT>
      <CONTAINS>Containing a Codification of documents of general applicability and future effect</CONTAINS>
      <DATE>As of July 1, 2000</DATE>
      <ANCIL>With Ancillaries</ANCIL>
      <PUB>
        <P>Published by</P>
        <P>Office of the Federal Register</P>
        <P>National Archives and Records</P>
        <P>Administration</P>
      </PUB>
      <SPECED>As a Special Edition of the Federal Register</SPECED>
    </TITLEPG>
    <BTITLE>
      <PRTPAGE P="?ii"/>
      <GPO>U.S. GOVERNMENT PRINTING OFFICE</GPO>
      <CITY>WASHINGTON : 2000</CITY>
      <FORSALE>
        <P>For sale by U.S. Government Printing Office</P>
        <P>Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328</P>
      </FORSALE>
    </BTITLE>
    <TOC>
      <PRTPAGE P="iii"/>
      <HD SOURCE="HED">Table of Contents</HD>
      <PGHD>Page</PGHD>
      <EXPL>
        <SUBJECT>Explanation</SUBJECT>
        <PG>v</PG>
      </EXPL>
      <TITLENO>
        <HD SOURCE="HED">Title 41:</HD>
        <SUBTI>
          <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>Chapter 102—Federal management regulation</SUBJECT>
          <PG>5</PG>
        </CHAPTI>
        <CHAPTI>
          <RESERVED> Chapters 103-104 [Reserved]</RESERVED>
          <SUBJECT>Chapter 105—General Services Administration</SUBJECT>
          <PG>81</PG>
          <SUBJECT>Chapter 109—Department of Energy Property Management Regulations</SUBJECT>
          <PG>261</PG>
          <SUBJECT>Chapter 114—Department of the Interior</SUBJECT>
          <PG>327</PG>
          <SUBJECT>Chapter 115—Environmental Protection Agency</SUBJECT>
          <PG>331</PG>
          <SUBJECT>Chapter 128—Department of Justice</SUBJECT>
          <PG>335</PG>
        </CHAPTI>
        <CHAPTI>
          <RESERVED> Chapters 129- 200 [Reserved]</RESERVED>
        </CHAPTI>
        <SUBTI>
          <HD SOURCE="HED">Subtitle D—Other Provisions Relating to Property Management [Reserved]</HD>
        </SUBTI>
        <CHAPTI>
          <RESERVED/>
        </CHAPTI>
      </TITLENO>
      <FAIDS>
        <HD SOURCE="HED">Finding Aids:</HD>
        <SUBJECT>Table of CFR Titles and Chapters</SUBJECT>
        <PG>355</PG>
        <SUBJECT>Alphabetical List of Agencies Appearing in the CFR</SUBJECT>
        <PG>373<PRTPAGE P="iv"/>
        </PG>
        <SUBJECT>Redesignation Table</SUBJECT>
        <PG>383</PG>
        <SUBJECT>List of CFR Sections Affected</SUBJECT>
        <PG>385</PG>
      </FAIDS>
    </TOC>
    <CITE>
      <PRTPAGE P="v"/>
      <P>Cite this Code:<E T="01">CFR</E>
      </P>

      <CITEP>To cite the regulations in this volume use title, part and section number. Thus, <E T="01"> 41 CFR 102-2.5</E> refers to title 41, part 102-2, section .5.</CITEP>
    </CITE>
    <EXPLA>
      <PRTPAGE P="vi"/>
      <HD SOURCE="HED">Explanation</HD>
      <P>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.</P>
      <P>Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:</P>
      <IPAR>
        <P SOURCE="P1">Title 1 through Title 16 </P>
        <STUB>as of January 1</STUB>
        <P SOURCE="P1">Title 17 through Title 27 </P>
        <STUB>as of April 1</STUB>
        <P SOURCE="P1">Title 28 through Title 41 </P>
        <STUB>as of July 1</STUB>
        <P SOURCE="P1">Title 42 through Title 50 </P>
        <STUB>as of October 1</STUB>
      </IPAR>
      <P>The appropriate revision date is printed on the cover of each volume.</P>
      <SIDEHED>
        <HD SOURCE="HED">LEGAL STATUS</HD>
        <P>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).</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">HOW TO USE THE CODE OF FEDERAL REGULATIONS</HD>
        <P>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.</P>
        <P>To determine whether a Code volume has been amended since its revision date (in this case, July 1, 2000, 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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">EFFECTIVE AND EXPIRATION DATES</HD>
        <P>Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OMB CONTROL NUMBERS</HD>

        <P>The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. <PRTPAGE P="vii"/>Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OBSOLETE PROVISIONS</HD>
        <P>Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes. For the period beginning January 1, 1986, a “List of CFR Sections Affected” is published at the end of each CFR volume.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">CFR INDEXES AND TABULAR GUIDES</HD>

        <P>A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR <E T="04">Index and Finding Aids.</E> This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.</P>
        <P>An index to the text of “Title 3—The President” is carried within that volume.</P>
        <P>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.</P>
        <P>A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">REPUBLICATION OF MATERIAL</HD>
        <P>There are no restrictions on the republication of material appearing in the Code of Federal Regulations.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">INQUIRIES</HD>
        <P>For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages.</P>
        <P>For inquiries concerning CFR reference assistance, call 202-523-5227 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408 or e-mail info@fedreg.nara.gov.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">SALES</HD>
        <P>The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours a day. For payment by check, write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO Customer Service call 202-512-1803.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">ELECTRONIC SERVICES</HD>

        <P>The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format at www.access.gpo.gov/nara (``GPO Access''). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.<PRTPAGE P="viii"/>
        </P>
        <P>The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information.  Connect to NARA's web site at www.nara.gov/fedreg. The NARA site also contains links to GPO Access.</P>
      </SIDEHED>
      <SIG>
        <NAME>Raymond A. Mosley,</NAME>
        <POSITION>Director,</POSITION>
        <OFFICE>Office of the Federal Register.</OFFICE>
      </SIG>
      <DATE>July 1, 2000.</DATE>
    </EXPLA>
    <THISTITL>
      <PRTPAGE P="ix"/>
      <HD SOURCE="HED">THIS TITLE</HD>
      <P>Title 41—<E T="04">Public Contracts and Property Management</E> consists of Subtitle A—Federal Procurement Regulations System [Note]; Subtitle B—Other Provisions Relating to Public Contracts; Subtitle C—Federal Property Management Regulations System; Subtitle D is reserved for other provisions relating to property management, Subtitle E—Federal Information Resources Management Regulations System and Subtitle F—Federal Travel Regulation System.</P>
      <P>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).</P>
      <P>Other government-wide procurement regulations relating to public contracts appear in chapters 50 through 100, subtitle B.</P>

      <P>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 <E T="03">implementing</E> and <E T="03">supplementing</E> property management regulations issued by individual Government agencies. Those regulations which implement chapter 101 are numerically keyed to it.</P>
      <P>The Federal Travel Regulation System in chapters 300-304 of subtitle F is issued by the General Services Administration.</P>
      <P>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, 2000.</P>
      <P>Redesignation tables appear in the finding aids section of the volumes containing chapter 101 and chapters 102 to 200.</P>
      <P>For this volume, Kenneth R. Payne was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.</P>
      <GPH DEEP="544" SPAN="1">
        <PRTPAGE P="x"/>
        <GID>CFRORDR.FRM</GID>
      </GPH>
    </THISTITL>
  </FMTR>
  <TITLE>
    <CFRTITLE>
      <LRH>41 CFR Ch. 102 (7-1-00 Edition)</LRH>
      <RRH>Federal Management Regulation</RRH>
      <TITLEHD>
        <PRTPAGE P="1"/>
        <HD SOURCE="HED">Title 41—Public Contracts and Property Management</HD>
        <P>(This book contains chapters 102 to 200) </P>
      </TITLEHD>
      <CFRTOC>
        <PTHD>Part</PTHD>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE C—<E T="04">Federal Property Management Regulations System</E> (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter </E> 102—Federal Management Regulation</SUBJECT>
          <PG>102-2</PG>
          
        </CHAPTI>
        <CHAPTI>
          <RESERVED>
            <E T="04">chapters</E> 103-104 [Reserved]</RESERVED>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 105—General Services Administration</SUBJECT>
          <PG>105-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 109—Department of Energy Property Management Regulations</SUBJECT>
          <PG>109-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 114—Department of the Interior</SUBJECT>
          <PG>114-51</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 115—Environmental Protection Agency</SUBJECT>
          <PG>115-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 128—Department of Justice</SUBJECT>
          <PG>128-1</PG>
          
        </CHAPTI>
        <CHAPTI>
          <RESERVED>
            <E T="04">chapters</E> 129-200 [Reserved]</RESERVED>
        </CHAPTI>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE D—<E T="04">Other Provisions Relating to Property Management</E> [Reserved]</HD>
        </SUBTI>
      </CFRTOC>
    </CFRTITLE>
    <SUBTITLE>
      <PRTPAGE P="3"/>
      <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System (Continued)</HD>
      <CHAPTER>
        <LRH>41 CFR Ch. 102 (7-1-00 Edition)</LRH>
        <RRH>Federal Management Regulation</RRH>
        <TOC>
          <TOCHD>
            <PRTPAGE P="5"/>
            <HD SOURCE="HED">CHAPTER 102—FEDERAL MANAGEMENT REGULATION</HD>
          </TOCHD>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          </SUBCHAP>
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>102-1</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-2</PT>
            <SUBJECT>Federal management regulation system</SUBJECT>
            <PG>7</PG>
            <PT>102-3</PT>
            <RESERVED>Advisory committee management [Reserved]</RESERVED>
            <PT>102-4</PT>
            <RESERVED>Nondiscrimination in Federal financial assistance programs [Reserved]</RESERVED>
            <PT>102-5—102-30[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER B—PERSONAL PROPERTY</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-31</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-32</PT>
            <RESERVED>Management of personal property [Reserved]</RESERVED>
            <PT>102-33</PT>
            <RESERVED>Management of aircraft [Reserved]</RESERVED>
            <PT>102-34</PT>
            <SUBJECT>Motor vehicle management</SUBJECT>
            <PG>12</PG>
            <PT>102-35</PT>
            <RESERVED>Disposition of personal property [Reserved]</RESERVED>
            <PT>102-36</PT>
            <SUBJECT>Disposition of excess personal property</SUBJECT>
            <PG>27</PG>
            <PT>102-37—102-70[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER C—REAL PROPERTY</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-71</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-72</PT>
            <RESERVED>Delegation of authority [Reserved]</RESERVED>
            <PT>102-73</PT>
            <RESERVED>Real estate acquisition [Reserved]</RESERVED>
            <PT>102-74</PT>
            <RESERVED>Facility management [Reserved]</RESERVED>
            <PT>102-75</PT>
            <RESERVED>Disposition of real property [Reserved]</RESERVED>
            <PT>102-76</PT>
            <RESERVED>Design and construction [Reserved]</RESERVED>
            <PT>102-77</PT>
            <RESERVED>Art-in-architecture [Reserved]</RESERVED>
            <PT>102-78</PT>
            <RESERVED>Historic preservation [Reserved]</RESERVED>
            <PT>102-79</PT>
            <RESERVED>Assignment and utilization of space [Reserved]</RESERVED>
            <PT>102-80</PT>
            <RESERVED>Safety and environmental management [Reserved]</RESERVED>
            <PT>102-81</PT>
            <RESERVED>Security [Reserved]</RESERVED>
            <PT>102-82</PT>
            <RESERVED>Utility services [Reserved]</RESERVED>
            <PT>102-83</PT>
            <RESERVED>Centralized services in Federal buildings and complexes [Reserved]</RESERVED>
            <PT>102-84</PT>

            <RESERVED>Annual real property inventories [Reserved]<PRTPAGE P="6"/>
            </RESERVED>
            <PT>102-85—102-115[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER D—TRANSPORTATION</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-116</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-117</PT>
            <RESERVED>Transportation management [Reserved]</RESERVED>
            <PT>102-118</PT>
            <SUBJECT>Transportation payment and audit</SUBJECT>
            <PG>52</PG>
            <PT>102-119—102-140[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER E—TRAVEL MANAGEMENT</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-141</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-142—102-170[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER F—TELECOMMUNICATIONS</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-171</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-172</PT>
            <RESERVED>Telecommunications management policy [Reserved]</RESERVED>
            <PT>102-173—102-190[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER G—ADMINISTRATIVE PROGRAMS</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-191</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-192</PT>
            <RESERVED>Mail management [Reserved]</RESERVED>
            <PT>102-193</PT>
            <RESERVED>Records management [Reserved]</RESERVED>
            <PT>102-194</PT>
            <RESERVED>Standard and optional forms program [Reserved]</RESERVED>
            <PT>102-195</PT>
            <RESERVED>Interagency reports management program [Reserved]</RESERVED>
            <PT>102-196</PT>
            <RESERVED>Federal facility ridesharing [Reserved]</RESERVED>
            <PT>102-197—102-220[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER H-SUBCHAPTER Z [RESERVED]</RESERVED>
          </SUBCHAP>
        </TOC>
        <SUBCHAP TYPE="N">
          <PRTPAGE P="7"/>
          <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          <PART>
            <RESERVED>PART 102—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <HD SOURCE="HED">PART 102-2—FEDERAL MANAGEMENT REGULATION SYSTEM</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Regulation System</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General</HD>
                  <SECHD>Sec.</SECHD>
                  <SECTNO>102-2.5</SECTNO>
                  <SUBJECT>What is the Federal Management Regulation (FMR)?</SUBJECT>
                  <SECTNO>102-2.10</SECTNO>
                  <SUBJECT>What is the FMR's purpose?</SUBJECT>
                  <SECTNO>102-2.15</SECTNO>
                  <SUBJECT>What is the authority for the FMR system?</SUBJECT>
                  <SECTNO>102-2.20</SECTNO>
                  <SUBJECT>Which agencies are subject to the FMR?</SUBJECT>
                  <SECTNO>102-2.25</SECTNO>
                  <SUBJECT>When are other agencies involved in developing the FMR?</SUBJECT>
                  <SECTNO>102-2.30</SECTNO>
                  <SUBJECT>Where and in what formats is the FMR published?</SUBJECT>
                  <SECTNO>102-2.35</SECTNO>
                  <SUBJECT>How is the FMR distributed?</SUBJECT>
                  <SECTNO>102-2.40</SECTNO>
                  <SUBJECT>May an agency issue implementing and supplementing regulations for the FMR?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Numbering</HD>
                  <SECTNO>102-2.45</SECTNO>
                  <SUBJECT>How is the FMR numbered?</SUBJECT>
                  <SECTNO>102-2.50</SECTNO>
                  <SUBJECT>How do I number my agency's implementing regulations?</SUBJECT>
                  <SECTNO>102-2.55</SECTNO>
                  <SUBJECT>How do I number my agency's supplementing regulations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Deviations</HD>
                  <SECTNO>102-2.60</SECTNO>
                  <SUBJECT>What is a deviation from the FMR?</SUBJECT>
                  <SECTNO>102-2.65</SECTNO>
                  <SUBJECT>When may agencies deviate from the FMR?</SUBJECT>
                  <SECTNO>102-2.70</SECTNO>
                  <SUBJECT>What are individual and class deviations?</SUBJECT>
                  <SECTNO>102-2.75</SECTNO>
                  <SUBJECT>What timeframes apply to deviations?</SUBJECT>
                  <SECTNO>102-2.80</SECTNO>
                  <SUBJECT>What steps must an agency take to deviate from the FMR?</SUBJECT>
                  <SECTNO>102-2.85</SECTNO>
                  <SUBJECT>What are the reasons for writing to GSA about FMR deviations?</SUBJECT>
                  <SECTNO>102-2.90</SECTNO>
                  <SUBJECT>Where should my agency send its correspondence on an FMR deviation?</SUBJECT>
                  <SECTNO>102-2.95</SECTNO>
                  <SUBJECT>What information must agencies include in their deviation letters to GSA?</SUBJECT>
                  <SECTNO>102-2.100</SECTNO>
                  <SUBJECT>Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?</SUBJECT>
                  <SECTNO>102-2.105</SECTNO>
                  <SUBJECT>What information must agencies include in their follow-up analysis?</SUBJECT>
                  <SECTNO>102-2.110</SECTNO>
                  <SUBJECT>When must agencies provide their follow-up analysis?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Non-Regulatory Material</HD>
                  <SECTNO>102-2.115</SECTNO>
                  <SUBJECT>What kinds of non-regulatory material does GSA publish outside of the FMR?</SUBJECT>
                  <SECTNO>102-2.120</SECTNO>
                  <SUBJECT>How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?</SUBJECT>
                  <SECTNO>102-2.125</SECTNO>
                  <SUBJECT>What source of information can my agency use to identify materials that describe how to do business with GSA?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Forms</HD>
                <SECTNO>102-2.130</SECTNO>
                <SUBJECT>Where are FMR forms prescribed?</SUBJECT>
                <SECTNO>102-2.135</SECTNO>
                <SUBJECT>How do agencies obtain forms prescribed by the FMR?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Plain Language Regulatory Style</HD>
                <SECTNO>102-2.140</SECTNO>
                <SUBJECT>What elements of plain language appear in the FMR?</SUBJECT>
                <SECTNO>102-2.145</SECTNO>
                <SUBJECT>To what do pronouns refer when used in the FMR?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>64 FR 39085, July 21, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Regulation System</HD>
              <SUBJGRP>
                <HD SOURCE="HED">General</HD>
                <SECTION>
                  <SECTNO>§ 102-2.5</SECTNO>
                  <SUBJECT>What is the Federal Management Regulation (FMR)?</SUBJECT>
                  <P>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 § 102-2.125.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.10</SECTNO>
                  <SUBJECT>What is the FMR's purpose?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="8"/>
                  <SECTNO>§ 102-2.15</SECTNO>
                  <SUBJECT>What is the authority for the FMR system?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.20</SECTNO>
                  <SUBJECT>Which agencies are subject to the FMR?</SUBJECT>
                  <P>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.</P>
                  <P>(a) <E T="03">What is an executive agency?</E> 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).)</P>
                  <P>(b) <E T="03">What is a Federal agency?</E> 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).)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.25</SECTNO>
                  <SUBJECT>When are other agencies involved in developing the FMR?</SUBJECT>
                  <P>Normally, GSA will ask agencies to collaborate in developing parts of the FMR.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.30</SECTNO>
                  <SUBJECT>Where and in what formats is the FMR published?</SUBJECT>
                  <P>Proposed rules are published in the <E T="04">Federal Register</E>. FMR bulletins are published in looseleaf format. FMR interim and final rules are published in the following formats—</P>
                  <P>(a) <E T="04">Federal Register</E> under the “Rules and Regulations” section.</P>
                  <P>(b) Loose-leaf. (See § 102-2.35.)</P>

                  <P>(c) Code of Federal Regulations (CFR), which is an annual codification of the general and permanent rules published in the <E T="04">Federal Register</E>. The CFR is available on line and in a bound-volume format.</P>
                  <P>(d) Electronically on the Internet.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.35</SECTNO>
                  <SUBJECT>How is the FMR distributed?</SUBJECT>
                  <P>(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.</P>
                  <P>(b) Order <E T="04">Federal Register</E> and Code of Federal Regulations copies of FMR material through your agency's authorizing officer.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.40</SECTNO>
                  <SUBJECT>May an agency issue implementing and supplementing regulations for the FMR?</SUBJECT>
                  <P>Yes, an agency may issue implementing regulations (see § 102-2.50) to expand upon related FMR material and supplementing regulations (see § 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Numbering</HD>
                <SECTION>
                  <SECTNO>§ 102-2.45</SECTNO>
                  <SUBJECT>How is the FMR numbered?</SUBJECT>
                  <P>(a) All FMR sections are designated by three numbers. The following example illustrates the chapter (it's always 102), part, and section designations:</P>
                  <GPH DEEP="66" SPAN="2">
                    <PRTPAGE P="9"/>
                    <GID>ER21JY99.001</GID>
                  </GPH>
                  <P>(b) In the looseleaf version, the month, year, and number of FMR amendments appear at the bottom of each page.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.50</SECTNO>
                  <SUBJECT>How do I number my agency's implementing regulations?</SUBJECT>
                  <P>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 § 102-2.60 of the FMR, your implementing section would be numbered § 130-2.60.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.55</SECTNO>
                  <SUBJECT>How do I number my agency's supplementing regulations?</SUBJECT>
                  <P>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 § 130-601.5.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Deviations</HD>
                <SECTION>
                  <SECTNO>§ 102-2.60</SECTNO>
                  <SUBJECT>What is a deviation from the FMR?</SUBJECT>
                  <P>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.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.65</SECTNO>
                  <SUBJECT>When may agencies deviate from the FMR?</SUBJECT>
                  <P>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 § 102-2.80.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.70</SECTNO>
                  <SUBJECT>What are individual and class deviations?</SUBJECT>
                  <P>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).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.75</SECTNO>
                  <SUBJECT>What timeframes apply to deviations?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.80</SECTNO>
                  <SUBJECT>What steps must an agency take to deviate from the FMR?</SUBJECT>
                  <P>(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.</P>
                  <P>(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 § 102-2.90.) The written request must fully explain the reasons for the deviation, including the benefits that the agency expects to achieve.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.85</SECTNO>
                  <SUBJECT>What are the reasons for writing to GSA about FMR deviations?</SUBJECT>
                  <P>The reasons for writing are to:<PRTPAGE P="10"/>
                  </P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(c) Establish a timeframe for using a deviation.</P>
                  <P>(d) Identify potential changes to the FMR.</P>
                  <P>(e) Identify the benefits and other results that the agency expects to achieve.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.90</SECTNO>
                  <SUBJECT>Where should my agency send its correspondence on an FMR deviation?</SUBJECT>
                  <P>Send correspondence to: General Services Administration, Regulatory Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.95</SECTNO>
                  <SUBJECT>What information must agencies include in their deviation letters to GSA?</SUBJECT>
                  <P>Agencies must include:</P>
                  <P>(a) The title and citation of the FMR provision from which the agency wishes to deviate;</P>
                  <P>(b) The name and telephone number of an agency contact who can discuss the reason for the deviation;</P>
                  <P>(c) The reason for the deviation;</P>
                  <P>(d) A statement about the expected benefits of using the deviation (to the extent possible, expected benefits should be stated in measurable terms);</P>
                  <P>(e) A statement about possible use of the deviation in other agencies or Governmentwide; and</P>
                  <P>(f) The duration of the deviation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.100</SECTNO>
                  <SUBJECT>Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?</SUBJECT>
                  <P>Yes, agencies that deviate from the FMR must also write to the relevant GSA program office at the Regulatory Secretariat's address (see § 102-2.90) to describe their experiences in using a deviation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.105</SECTNO>
                  <SUBJECT>What information must agencies include in their follow-up analysis?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.110</SECTNO>
                  <SUBJECT>When must agencies provide their follow-up letters?</SUBJECT>
                  <P>(a) For an individual deviation, once the action is complete.</P>
                  <P>(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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Non-Regulatory Material</HD>
                <SECTION>
                  <SECTNO>§ 102-2.115</SECTNO>
                  <SUBJECT>What kinds of non-regulatory material does GSA publish outside of the FMR?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.120</SECTNO>
                  <SUBJECT>How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.125</SECTNO>
                  <SUBJECT>What source of information can my agency use to identify materials that describe how to do business with GSA?</SUBJECT>

                  <P>The FMR establishes policy; it does not specify procedures for the acquisition of GSA services. However, as a service to users during the transition <PRTPAGE P="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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Forms</HD>
              <SECTION>
                <SECTNO>§ 102-2.130</SECTNO>
                <SUBJECT>Where are FMR forms prescribed?</SUBJECT>
                <P>In any of its parts, the FMR may prescribe forms and the requirements for using them.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-2.135</SECTNO>
                <SUBJECT>How do agencies obtain forms prescribed by the FMR?</SUBJECT>
                <P>For copies of the forms prescribed by in the FMR, do any of the following:</P>
                <P>(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.</P>
                <P>(b) Send e-mail messages to: NFPC@gsa-7FDepot.</P>
                <P>(c) Visit our web site at: www.gsa.gov/forms/forms.htm.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Plain Language Regulatory Style</HD>
              <SECTION>
                <SECTNO>§ 102-2.140</SECTNO>
                <SUBJECT>What elements of plain language appear in the FMR?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-2.145</SECTNO>
                <SUBJECT>To what do pronouns refer when used in the FMR?</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-3—ADVISORY COMMITTEE MANAGEMENT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-4—NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PARTS 102-5—102-30 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="12"/>
          <HD SOURCE="HED">SUBCHAPTER B—PERSONAL PROPERTY</HD>
          <PART>
            <RESERVED>PART 102-31—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-32—MANAGEMENT OF PERSONAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-33—MANAGEMENT OF AIRCRAFT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt.102-34</EAR>
            <HD SOURCE="HED">PART 102-34—MOTOR VEHICLE MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-34.5</SECTNO>
              <SUBJECT>Preamble.</SUBJECT>
              <SECTNO>102-34.10</SECTNO>
              <SUBJECT>What definitions apply to motor vehicle management?</SUBJECT>
              <SECTNO>102-34.15</SECTNO>
              <SUBJECT>What motor vehicles are not covered by this part?</SUBJECT>
              <SECTNO>102-34.20</SECTNO>
              <SUBJECT>What types of motor vehicle fleets are there?</SUBJECT>
              <SECTNO>102-34.25</SECTNO>
              <SUBJECT>What sources of supply are available for obtaining motor vehicles?</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Obtaining Fuel Efficient Motor Vehicles</HD>
                <SECTNO>102-34.30</SECTNO>
                <SUBJECT>Who must comply with motor vehicle fuel efficiency requirements?</SUBJECT>
                <SECTNO>102-34.35</SECTNO>
                <SUBJECT>What are the procedures for purchasing and leasing motor vehicles?</SUBJECT>
                <SECTNO>102-34.40</SECTNO>
                <SUBJECT>How are passenger automobiles classified?</SUBJECT>
                <SECTNO>102-34.45</SECTNO>
                <SUBJECT>What size motor vehicles may we purchase and lease?</SUBJECT>
                <SECTNO>102-34.50</SECTNO>
                <SUBJECT>What are fleet average fuel economy standards?</SUBJECT>
                <SECTNO>102-34.55</SECTNO>
                <SUBJECT>What are the minimum fleet average fuel economy standards?</SUBJECT>
                <SECTNO>102-34.60</SECTNO>
                <SUBJECT>How do we calculate the average fuel economy for our fleet?</SUBJECT>
                <SECTNO>102-34.65</SECTNO>
                <SUBJECT>How may we request an exemption from the fuel economy standards?</SUBJECT>
                <SECTNO>102-34.70</SECTNO>
                <SUBJECT>How does GSA monitor the fuel economy of purchased and leased motor vehicles?</SUBJECT>
                <SECTNO>102-34.75</SECTNO>
                <SUBJECT>How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?</SUBJECT>
                <SECTNO>102-34.80</SECTNO>
                <SUBJECT>Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?</SUBJECT>
                <SECTNO>102.-34.85</SECTNO>
                <SUBJECT>Do we have to submit a negative report if we don’t purchase or lease any motor vehicles in a fiscal year?</SUBJECT>
                <SECTNO>102-34.90</SECTNO>
                <SUBJECT>Are any motor vehicles exempted from these reporting requirements?</SUBJECT>
                <SECTNO>102-34.95</SECTNO>
                <SUBJECT>Does fleet average fuel economy reporting affect our acquisition plan?</SUBJECT>
                <SECTNO>102-34.100</SECTNO>
                <SUBJECT>Where may we obtain help with our motor vehicle acquisition plan?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Identifying and Registering Motor Vehicles</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Motor Vehicle Identification</HD>
                  <SECTNO>102-34.105</SECTNO>
                  <SUBJECT>What motor vehicles require motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.110</SECTNO>
                  <SUBJECT>What motor vehicle identification must we put on motor vehicles we purchase or lease?</SUBJECT>
                  <SECTNO>102-34.115</SECTNO>
                  <SUBJECT>What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?</SUBJECT>
                  <SECTNO>102-34.120</SECTNO>
                  <SUBJECT> Where is motor vehicle identification placed on purchased and leased motor vehicles?</SUBJECT>
                  <SECTNO>102-34.125</SECTNO>
                  <SUBJECT>Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">License Plates</HD>
                  <SECTNO>102-34.130</SECTNO>
                  <SUBJECT>Must our motor vehicles use Government license plates?</SUBJECT>
                  <SECTNO>102-34.135</SECTNO>
                  <SUBJECT>Do we need to register motor vehicles owned or leased by the Government?</SUBJECT>
                  <SECTNO>102-34.140</SECTNO>
                  <SUBJECT>Where may we obtain U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.145</SECTNO>
                  <SUBJECT>How do we display license plates on motor vehicles?</SUBJECT>
                  <SECTNO>102-34.150</SECTNO>
                  <SUBJECT>What do we do about a lost or stolen license plate?</SUBJECT>
                  <SECTNO>102-34.155</SECTNO>
                  <SUBJECT>What records do we need to keep on U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.160</SECTNO>
                  <SUBJECT>How are U.S. Government license plates coded and numbered?</SUBJECT>
                  <SECTNO>102-34.165</SECTNO>
                  <SUBJECT>How can we get a new license plate code designation?</SUBJECT>
                  <SECTNO>102-34.170</SECTNO>
                  <SUBJECT>Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Identification Exemptions</HD>
                  <SECTNO>102-34.175</SECTNO>
                  <SUBJECT>What types of exemptions are there?</SUBJECT>
                  <SECTNO>102-34.180</SECTNO>
                  <SUBJECT>May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.185</SECTNO>
                  <SUBJECT>What information must the certification contain?</SUBJECT>
                  <SECTNO>102-34.190</SECTNO>
                  <SUBJECT>For how long is a limited exemption valid?</SUBJECT>
                  <SECTNO>102-34.195</SECTNO>

                  <SUBJECT>What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?<PRTPAGE P="13"/>
                  </SUBJECT>
                  <SECTNO>102-34.200</SECTNO>
                  <SUBJECT>What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.205</SECTNO>
                  <SUBJECT>What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.210</SECTNO>
                  <SUBJECT>What special requirements apply to exempted motor vehicles operating in the District of Columbia?</SUBJECT>
                  <SECTNO>102-34.215</SECTNO>
                  <SUBJECT>Can GSA ask for a listing of exempted motor vehicles?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Official Use of Government Motor Vehicles</HD>
                <SECTNO>102-34.220</SECTNO>
                <SUBJECT>What is official use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.225</SECTNO>
                <SUBJECT>May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?</SUBJECT>
                <SECTNO>102-34.230</SECTNO>
                <SUBJECT>May Government contractors use motor vehicles owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.235</SECTNO>
                <SUBJECT>What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.240</SECTNO>
                <SUBJECT>How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.245</SECTNO>
                <SUBJECT>How am I responsible for protecting motor vehicles?</SUBJECT>
                <SECTNO>102-34.250</SECTNO>
                <SUBJECT>Am I bound by State and local traffic laws?</SUBJECT>
                <SECTNO>102-34.255</SECTNO>
                <SUBJECT>Who pays for parking fees and fines?</SUBJECT>
                <SECTNO>102-34.260</SECTNO>
                <SUBJECT>Do Federal employees in motor vehicles owned or leased by the Government have to use safety belts?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Replacement of Motor Vehicles</HD>
                <SECTNO>102-34.265</SECTNO>
                <SUBJECT>What are motor vehicle replacement standards?</SUBJECT>
                <SECTNO>102-34.270</SECTNO>
                <SUBJECT>May we replace a Government-owned motor vehicle sooner?</SUBJECT>
                <SECTNO>102-34.275</SECTNO>
                <SUBJECT>May we keep a Government-owned motor vehicle even though the standard permits replacement?</SUBJECT>
                <SECTNO>102-34.280</SECTNO>
                <SUBJECT>How long must we keep a Government-owned motor vehicle?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Scheduled Maintenance of Motor Vehicles</HD>
                <SECTNO>102-34.285</SECTNO>
                <SUBJECT>What kind of maintenance programs must we have?</SUBJECT>
                <SECTNO>102-34.290</SECTNO>
                <SUBJECT>Must our motor vehicles pass State inspections?</SUBJECT>
                <SECTNO>102-34.295</SECTNO>
                <SUBJECT>Where can we obtain help in setting up a maintenance program?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Motor Vehicle Accident Reporting</HD>
                <SECTNO>102-34.300</SECTNO>
                <SUBJECT>What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.305</SECTNO>
                <SUBJECT>To whom do we send accident reports?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart G—Disposal of Motor Vehicles</HD>
                <SECTNO>102-34.310</SECTNO>
                <SUBJECT>How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?</SUBJECT>
                <SECTNO>102-34.315</SECTNO>
                <SUBJECT>What forms do we use to transfer ownership when selling a motor vehicle?</SUBJECT>
                <SECTNO>102-34.320</SECTNO>
                <SUBJECT>How do we distribute the completed Standard Form 97?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart H—Motor Vehicle Fueling</HD>
                <SECTNO>102-34.325</SECTNO>
                <SUBJECT>How do we obtain fuel for motor vehicles?</SUBJECT>
                <SECTNO>102-34.330</SECTNO>
                <SUBJECT>What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?</SUBJECT>
                <SECTNO>102-34.335</SECTNO>
                <SUBJECT>What type of fuel do I use in motor vehicles?</SUBJECT>
                <SECTNO>102-34.340</SECTNO>
                <SUBJECT>Do I have to use self-service fuel pumps?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart I—Federal Motor Vehicle Fleet Report</HD>
                <SECTNO>102-34.345</SECTNO>
                <SUBJECT>What is the Federal Motor Vehicle Fleet Report?</SUBJECT>
                <SECTNO>102-34.350</SECTNO>
                <SUBJECT>What records do we need to keep?</SUBJECT>
                <SECTNO>102-34.355</SECTNO>
                <SUBJECT>When and how do we report motor vehicle data?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart J—Forms</HD>
                <SECTNO>102-34.360</SECTNO>
                <SUBJECT>How do we obtain the forms prescribed in this part?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>64 FR 59593, Nov. 2, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-34.5</SECTNO>
              <SUBJECT>Preamble.</SUBJECT>
              <P>(a) This part governs the economical and efficient management and control of motor vehicles that the Government owns or leases. 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.</P>

              <P>(b) 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 executive agencies.<PRTPAGE P="14"/>
              </P>
              <P>(c) The terms “we,” “I,” “our,” “you,” and “your,” when used in this part, mean you as an executive agency, as your agency's fleet manager, or as a motor vehicle user or operator, as appropriate.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.10</SECTNO>
              <SUBJECT>What definitions apply to motor vehicle management?</SUBJECT>
              <P>The following definitions apply to motor vehicle management:</P>
              <P>
                <E T="03">Commercial design motor vehicle</E> means a motor vehicle procurable from regular production lines and designed for use by the general public.</P>
              <P>
                <E T="03">Domestic fleet</E> (see § 102-34.20(a)).</P>
              <P>
                <E T="03">Foreign fleet</E> (see § 102-34.20(b)).</P>
              <P>
                <E T="03">GSA Fleet lease</E> (see § 102-34.25(d)).</P>
              <P>
                <E T="03">Large fleet</E> (see § 102-34.20(d)).</P>
              <P>
                <E T="03">Law enforcement motor vehicle</E> means a passenger automobile or light truck 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:</P>
              <P>(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.</P>
              <P>(2) A light truck having emergency warning lights and identified with markings such as “police.”</P>
              <P>(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.</P>
              <P>(4) A motor vehicle seized by a Federal agency that is subsequently used for the purpose of performing law enforcement activities.</P>
              <P>
                <E T="03">Light duty motor vehicle</E> means any motor vehicle with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.</P>
              <P>
                <E T="03">Light truck</E> means a motor vehicle on a truck chassis with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.</P>
              <P>
                <E T="03">Military design motor vehicle</E> means a motor vehicle (excluding general-purpose motor vehicles) designed according to military specifications to support directly combat or tactical operations or training for such operations.</P>
              <P>
                <E T="03">Motor vehicle</E> 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 § 102-34.15).</P>
              <P>
                <E T="03">Motor vehicle identification</E> (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 showing the full name of the department, agency, establishment, corporation, or service by which the motor vehicle is used. This identification is usually a decal placed in the rear window or on the side of the motor vehicle.</P>
              <P>
                <E T="03">Motor vehicle lease</E> (see § 102-34.25(b)).</P>
              <P>
                <E T="03">Motor vehicle markings</E> (see “Motor vehicle identification” in this section).</P>
              <P>
                <E T="03">Motor vehicle purchase</E> (see § 102-34.25(a)).</P>
              <P>
                <E T="03">Motor vehicle rental</E> (see § 102-34.25(c)).</P>
              <P>
                <E T="03">Motor vehicles transferred from excess</E> (see § 102-34.25(e)).</P>
              <P>
                <E T="03">Owning agency</E> means the executive agency that holds the vehicle title, manufacturer's Certificate of Origin, or is the lessee of a motor vehicle lease. This term does not apply to agencies that lease motor vehicles from the GSA Fleet.</P>
              <P>
                <E T="03">Passenger automobile</E> means a sedan or station wagon designed primarily to transport people.</P>
              <P>
                <E T="03">Reportable motor vehicles</E> are vehicles which are reported to GSA as outlined in Subpart I of this part:</P>
              <P>(1) Included are sedans, station wagons, buses, ambulances, vans, utility motor vehicles, trucks and truck tractors, regardless of fuel type.</P>
              <P>(2) Excluded are fire trucks, motorcycles, military-design motor vehicles, semi-trailers, trailers and other trailing equipment such as pole trailers, dollies, cable reels, trailer coaches and bogies, and trucks with permanently mounted equipment such as generators and air compressors.</P>
              <P>
                <E T="03">Small fleet</E> (see § 102-34.20(c)).<PRTPAGE P="15"/>
              </P>
              <P>
                <E T="03">Using agency</E> means a Federal agency that obtains motor vehicles from the GSA Fleet, commercial firms or another Federal agency and does not hold the vehicle title or manufacturer's Certificate of Origin. However, this does not include a Federal agency that obtains a motor vehicle by motor vehicle rental.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.15</SECTNO>
              <SUBJECT>What motor vehicles are not covered by this part?</SUBJECT>
              <P>Motor vehicles not covered are:</P>
              <P>(a) Designed or used for military field training, combat, or tactical purposes;</P>
              <P>(b) Used principally within the confines of a regularly established military post, camp, or depot; or</P>
              <P>(c) Used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties, although such vehicles are subject to subpart C and subpart I of this part.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.20</SECTNO>
              <SUBJECT>What types of motor vehicle fleets are there?</SUBJECT>
              <P>The types of motor vehicle fleets are:</P>
              <P>(a) <E T="03">Domestic fleet</E> means all reportable agency-owned motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
              <P>(b) <E T="03">Foreign fleet</E> means all reportable agency-owned motor vehicles operated in areas outside any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
              <P>(c) <E T="03">Small fleet</E> means a fleet of fewer than 2,000 reportable agency-owned motor vehicles, worldwide.</P>
              <P>(d) <E T="03">Large fleet</E> means a fleet of 2,000 or more reportable agency-owned motor vehicles, worldwide.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.25</SECTNO>
              <SUBJECT>What sources of supply are available for obtaining motor vehicles?</SUBJECT>
              <P>The following sources of supply are available:</P>
              <P>(a) <E T="03">Motor vehicle purchase</E> means buying a motor vehicle from a commercial source, usually a motor vehicle manufacturer or a motor vehicle manufacturer's dealership.</P>
              <P>(b) <E T="03">Motor vehicle lease</E> means obtaining a motor vehicle by contract or other arrangement from a commercial source for 60 continuous days or more.</P>
              <P>(c) <E T="03">Motor vehicle rental</E> means obtaining a motor vehicle by contract or other arrangement from a commercial source for less than 60 continuous days.</P>
              <P>(d) <E T="03">GSA Fleet lease</E> means obtaining a motor vehicle from the General Services Administration (GSA Fleet). Where “lease” is used alone within this part, it refers to “motor vehicle lease” in paragraph (b) of this section and not GSA Fleet lease.</P>
              <P>(e) <E T="03">Motor vehicles transferred from excess</E> means obtaining a motor vehicle reported as excess and transferred with or without cost.</P>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Obtaining Fuel Efficient Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.30</SECTNO>
                <SUBJECT>Who must comply with motor vehicle fuel efficiency requirements?</SUBJECT>
                <P>Executive agencies located in any State, Commonwealth, territory or possession of the United States, and the District of Columbia which operate motor vehicles owned or leased by the Government in the conduct of official business. This subpart does not apply to motor vehicles exempted by law or other regulations, such as law enforcement and motor vehicles in foreign areas. Other Federal agencies are encouraged to comply so that maximum energy conservation benefits may be realized in obtaining, operating, and managing motor vehicles owned or leased by the Government.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.35</SECTNO>
                <SUBJECT>What are the procedures for purchasing and leasing motor vehicles?</SUBJECT>
                <P>Procedures for purchasing and leasing motor vehicles can be found in subpart 101-26.5 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.40</SECTNO>
                <SUBJECT>How are passenger automobiles classified?</SUBJECT>
                <P>Passenger automobiles are classified in the following table:</P>
                <GPOTABLE CDEF="s25,xls25,r50" COLS="3" OPTS="L2,i1">
                  <BOXHD>
                    <CHED H="1">Sedan class</CHED>
                    <CHED H="1">Station wagon class</CHED>
                    <CHED H="1">Descriptive name</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">I</ENT>
                    <ENT>I</ENT>
                    <ENT>Subcompact.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">II</ENT>
                    <ENT>II</ENT>
                    <ENT>Compact.</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="16"/>
                    <ENT I="01">III</ENT>
                    <ENT>III</ENT>
                    <ENT>Midsize</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">IV</ENT>
                    <ENT>IV</ENT>
                    <ENT>Large.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">V</ENT>
                    <ENT/>
                    <ENT>Limousine.</ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.45</SECTNO>
                <SUBJECT>What size motor vehicles may we purchase and lease?</SUBJECT>
                <P>(a) You must select motor vehicles to achieve maximum fuel efficiency.</P>
                <P>(b) Limit motor vehicle body size, engine size and optional equipment to what is essential to meet your agency's mission.</P>
                <P>(c) With the exception of motor vehicles used by the President and Vice President and motor vehicles for security and highly essential needs, you must purchase and lease midsize (class III) or smaller sedans.</P>
                <P>(d) Purchase and lease large (class IV) sedans only when such motor vehicles are essential to your agency's mission.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.50</SECTNO>
                <SUBJECT>What are fleet average fuel economy standards?</SUBJECT>
                <P>(a) The minimum miles per gallon that a fleet of motor vehicles purchased or leased by an executive agency must obtain. The need to meet these standards is set forth in 49 U.S.C. 32917, Standards for Executive Agency Automobiles, and Executive Order 12375, Motor Vehicles. These standards have two categories:</P>
                <P>(1) Average fuel economy standard for all passenger automobiles.</P>
                <P>(2) Average fuel economy standard for light trucks.</P>
                <P>(b) These standards do not apply to passenger automobiles and light trucks designed to perform combat-related missions for the U.S. Armed Forces or motor vehicles designed for use in law enforcement or emergency rescue work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.55</SECTNO>
                <SUBJECT>What are the minimum fleet average fuel economy standards?</SUBJECT>
                <P>The minimum fleet average fuel economy standards appear in the following table:</P>
                <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2,i1">
                  <TTITLE>Fleet Average Fuel Economy Standards <SU>a</SU>
                  </TTITLE>
                  <BOXHD>
                    <CHED H="1">Fiscal year</CHED>
                    <CHED H="1">Passsenger automobile <SU>1</SU>
                    </CHED>
                    <CHED H="1">Light truck <SU>2</SU>
                    </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">1995</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.6 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1996</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1997</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1998</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1999</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">2000 &amp; beyond</ENT>
                    <ENT>27.5</ENT>
                    <ENT>(<SU>4</SU>)</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>a</SU> These figures represent miles/gallon.</TNOTE>
                  <TNOTE>
                    <SU>1</SU> Established by section 49 U.S.C. 32902 and the Secretary of Transportation.</TNOTE>
                  <TNOTE>
                    <SU>2</SU> Fleet average fuel economy standard set by the Secretary of Transportation and mandated by Executive Order 12375 beginning in fiscal year 1982.</TNOTE>
                  <TNOTE>
                    <SU>3</SU> Fleet average fuel economy for light trucks is the combined fleet average fuel economy for all 4 × 2 and 4 × 4 light trucks.</TNOTE>
                  <TNOTE>
                    <SU>4</SU> Requirements not yet set by the Secretary of Transportation.</TNOTE>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.60</SECTNO>
                <SUBJECT>How do we calculate the average fuel economy for our fleet?</SUBJECT>
                <P>(a) Due to the variety of motor vehicle configurations, you must take an average of all motor vehicles, by category (passenger automobiles or light truck) purchased and leased by your agency during the fiscal year. This calculation is the sum of passenger automobiles or light trucks that your executive agency purchases or leases from commercial sources 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, developed by the Environmental Protection Agency (EPA) for each fiscal year. The EPA mile-per-gallon rating for each motor vehicle make, model, and model year may be obtained from the: General Services Administration, Attn: FFA, Washington, DC 20406.</P>
                <P>(b) An example follows:
                </P>
                <EXTRACT>
                  <P>Light trucks: i. 600 light trucks acquired in a specific year. These are broken down into:</P>
                  <P>A. 200 Six cylinder automatic transmission pick-up trucks, EPA rating: 24.3 mpg, plus</P>
                  <P>B. 150 Six cylinder automatic transmission mini-vans, EPA rating 24.8 mpg, plus</P>
                  <P>C. 150 Eight cylinder automatic transmission pick-up trucks, EPA rating: 20.4 mpg, plus</P>
                  <P>D. 100 Eight cylinder automatic transmission cargo vans, EPA rating: 22.2 mpg.</P>
                  <GPH DEEP="98" SPAN="2">
                    <PRTPAGE P="17"/>
                    <GID>ER02NO99.009</GID>
                  </GPH>
                  <P>ii. Fleet average fuel economy for light trucks in this case is 23.0 mpg.</P>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.65</SECTNO>
                <SUBJECT>How may we request an exemption from the fuel economy standards?</SUBJECT>
                <P>(a) You must submit your reasons for the exemption in a written request to the: Administrator of General Services, ATTN: MTV, Washington, DC 20405.</P>
                <P>(b) GSA will review the request and advise you of the determination within 30 days of receipt. Passenger automobiles and light trucks exempted under the provisions of this section must not be included in calculating your fleet average fuel economy.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.70</SECTNO>
                <SUBJECT>How does GSA monitor the fuel economy of purchased and leased motor vehicles?</SUBJECT>
                <P>(a) Executive agencies report to GSA their leases and purchases of passenger automobiles and light trucks. GSA keeps a master record of the miles per gallon for passenger automobiles and light trucks acquired by each agency during the fiscal year. GSA verifies that each agency's passenger automobile and light truck leases and purchases achieve the fleet average fuel economy for the applicable fiscal year, as required by Executive Order 12375.</P>
                <P>(b) The GSA Federal Vehicle Policy Division (MTV) issues information about the EPA miles-per-gallon ratings to executive agencies at the beginning of each fiscal year to help agencies with their acquisition plans.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.75</SECTNO>
                <SUBJECT>How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?</SUBJECT>

                <P>(a) You must send copies or synopses of motor vehicle leases and purchases to GSA. Use the unadjusted combined city/highway mile-per-gallon ratings for passenger automobiles and light trucks developed each fiscal year by the Environmental Protection Agency (EPA). All submissions for a fiscal year must reach GSA by December 1 of the next fiscal year. Submit the information as soon as possible after the purchase or effective date of each lease to the: General Services Administration, ATTN: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>.</P>
                <P>(b) Include in your submission to GSA motor vehicles purchased or leased by your agency for use in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
                <P>(c) Your submission to GSA must include:</P>
                <P>(1) Number of passenger automobiles and light trucks, by category.</P>
                <P>(2) Year.</P>
                <P>(3) Make.</P>
                <P>(4) Model.</P>
                <P>(5) Transmission type (if manual, number of forward speeds).</P>
                <P>(6) Cubic inch displacement of engine.</P>
                <P>(7) Fuel type (i.e., gasoline, diesel, or type of alternative fuel).</P>
                <P>(8) Monthly lease cost, if applicable.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.75:</HD>

                  <P>Do not include passenger automobile and light truck lease renewal options as new acquisition motor vehicle leases. Do not report passenger automobiles and light trucks exempted from fleet <PRTPAGE P="18"/>average fuel economy standards (see § 102-34.50(b) and § 102-34.65).</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.80</SECTNO>
                <SUBJECT>Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?</SUBJECT>
                <P>No. The GSA Automotive Division provides information for passenger automobiles and light trucks it purchases for agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.85</SECTNO>
                <SUBJECT>Do we have to submit a negative report if we don’t purchase or lease any motor vehicles in a fiscal year?</SUBJECT>
                <P>Yes, you must submit a negative report if you don’t purchase or lease any motor vehicles in a fiscal year.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.90</SECTNO>
                <SUBJECT>Are any motor vehicles exempted from these reporting requirements?</SUBJECT>
                <P>Yes. You do not need to report passenger automobiles and light trucks that are:</P>
                <P>(a) Purchased or leased for use outside any State, Commonwealth, territory or possession of the United States, or the District of Columbia.</P>
                <P>(b) Designed to perform combat-related missions for the U.S. Armed Forces.</P>
                <P>(c) Designed for use in law enforcement or emergency rescue work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.95</SECTNO>
                <SUBJECT>Does fleet average fuel economy reporting affect our acquisition plan?</SUBJECT>
                <P>It may. If previous motor vehicle purchases and leases have caused your fleet to fail to meet the required fuel economy by the end of the fiscal year, GSA may encourage you to adjust future requests to meet fuel economy requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.100</SECTNO>
                <SUBJECT>Where may we obtain help with our motor vehicle acquisition plans?</SUBJECT>
                <P>For help with your motor vehicle acquisition plan, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: vehicle.policy@gsa.gov</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Identifying and Registering Motor Vehicles</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Motor Vehicle Identification</HD>
                <SECTION>
                  <SECTNO>§ 102-34.105</SECTNO>
                  <SUBJECT>What motor vehicles require motor vehicle identification?</SUBJECT>
                  <P>All motor vehicles owned or leased by the Government must display motor vehicle identification unless exempted under § 102-34.180, § 102-34.195, or § 102-34.200.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.110</SECTNO>
                  <SUBJECT>What motor vehicle identification must we put on motor vehicles we purchase or lease?</SUBJECT>
                  <P>(a) For motor vehicles with rear windows, display:</P>
                  <P>(1) “For Official Use Only,” in letters <FR>1/2</FR> to <FR>3/4</FR> inch high.</P>
                  <P>(2) “U.S. Government” in letters <FR>3/4</FR> to 1 inch high; and</P>
                  <P>(3) The full name of the department, agency, establishment, corporation, or service owning or leasing the motor vehicle (in letters 1 to 1<FR>1/2</FR> inch high), or in the alternative, a title that describes the activity in which it is operated (if the title readily identifies the department, agency, establishment, corporation, or service concerned).</P>
                  <P>(b) For other than motor vehicle rear windows, display the motor vehicle identification in paragraphs (a)(1) through (3) of this section, but:</P>
                  <P>(1) Use letters 1 to 1<FR>1/2</FR> inches high in colors contrasting to the motor vehicle.</P>
                  <P>(2) If you use subsidiary words or titles of subordinate units, use letters <FR>1/2</FR> inch to <FR>3/4</FR> inch high.</P>

                  <P>(c) The preferred material is a decal of elastomeric pigmented film type for ease of application and removal.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.110:</HD>
                    <P>Each agency or activity is responsible for acquiring its own decals. Replace this motor vehicle identification when necessary due to damage or wear.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.115</SECTNO>
                  <SUBJECT>What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?</SUBJECT>
                  <P>The following must appear on DOD purchased or leased motor vehicles:</P>
                  <P>(a) “For Official Use Only;”</P>

                  <P>(b) An appropriate title for the DOD component; and<PRTPAGE P="19"/>
                  </P>
                  <P>(c) The DOD code and registration number assigned by the DOD component accountable for the motor vehicle.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.120</SECTNO>
                  <SUBJECT>Where is motor vehicle identification placed on purchased and leased motor vehicles?</SUBJECT>
                  <P>(a) <E T="03">On most motor vehicles.</E> On the left side of the rear window, 1<FR>1/2</FR> inches or less from the bottom of the window.</P>
                  <P>(b) <E T="03">On motor vehicles without rear windows or where identification on the rear window would not be easily seen.</E> Centered on both front doors or in any appropriate position on each side of the motor vehicle.</P>
                  <P>(c) <E T="03">On trailers.</E> Centered on both sides of the front quarter of the trailer in a conspicuous location.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.125</SECTNO>
                  <SUBJECT>Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?</SUBJECT>
                  <P>You must remove all motor vehicle identification before you transfer the title or deliver the motor vehicle.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">License Plates</HD>
                <SECTION>
                  <SECTNO>§ 102-34.130</SECTNO>
                  <SUBJECT>Must our motor vehicles use Government license plates?</SUBJECT>
                  <P>Yes you must use Government license plates, with the exception of motor vehicles exempted under § 102-34.180, § 102-34.195, and § 102-34.200.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.135</SECTNO>
                  <SUBJECT>Do we need to register motor vehicles owned or leased by the Government?</SUBJECT>
                  <P>For a motor vehicle owned or leased by the Government that is regularly based or operated outside the District of Columbia and displaying U.S. Government license plates and motor vehicle identification, you need not register it in a State, Commonwealth, territory or possession of the United States. Motor vehicles exempted under § 102-34.180, § 102-34.195, or § 102-34.200 must be registered and inspected in accordance with the laws of the State, Commonwealth, territory or possession of the United States where the motor vehicle is regularly operated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.140</SECTNO>
                  <SUBJECT>Where may we obtain U.S. Government license plates?</SUBJECT>

                  <P>For detailed instructions and an ordering form to obtain U.S. Government license plates, contact the: Superintendent of Industries, District of Columbia, Department of Corrections, Lorton, VA 22079.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.140:</HD>
                    <P>You may, but are not required to obtain license plates from the District of Columbia, Department of Corrections.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.145</SECTNO>
                  <SUBJECT>How do we display license plates on motor vehicles?</SUBJECT>
                  <P>(a) Display official U.S. Government license plates on the front and rear of all motor vehicles owned or leased by the Government. The exception is two-wheeled motor vehicles, which require rear license plates only.</P>
                  <P>(b) You must display U.S. Government license plates on the motor vehicle to which the license plates were assigned.</P>
                  <P>(c) Display the U.S. Government license plates until the motor vehicle is removed from Government service or is transferred, or until the plates are damaged and require replacement.</P>
                  <P>(d) For motor vehicles owned or leased by DOD, follow DOD regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.150</SECTNO>
                  <SUBJECT>What do we do about a lost or stolen license plate?</SUBJECT>
                  <P>You should report the loss or theft of license plates as follows:</P>
                  <P>(a) <E T="03">U.S. Government license plates.</E> Tell your local security office (or equivalent) and local police.</P>
                  <P>(b) <E T="03">District of Columbia or State license plates.</E> Tell your local security office (or equivalent) and either the District of Columbia, Department of Transportation, or the State agency, as appropriate.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.155</SECTNO>
                  <SUBJECT>What records do we need to keep on U.S. Government license plates?</SUBJECT>
                  <P>You must keep a central record of all U.S. Government license plates for your agency's motor vehicle purchases and motor vehicle leases. The GSA Fleet must keep such a record for GSA Fleet vehicles. The record must identify:</P>
                  <P>(a) The motor vehicle to which each set of plates is assigned.</P>
                  <P>(b) The complete history of any reassigned plates.</P>
                  <P>(c) A list of destroyed or voided license plate numbers.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="20"/>
                  <SECTNO>§ 102-34.160</SECTNO>
                  <SUBJECT>How are U.S. Government license plates coded and numbered?</SUBJECT>

                  <P>U.S. Government license plates, except those issued by the District of Columbia, Department of Transportation, under § 102-34.170, will be numbered serially for each executive agency, beginning with 101, and preceded by a letter code that designates the owning agency for the motor vehicle as follows:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">Agriculture, Department of—A</FP>
                    <FP SOURCE="FP-1">Air Force, Department of the—AF</FP>
                    <FP SOURCE="FP-1">Army, Department of the—W</FP>
                    <FP SOURCE="FP-1">Commerce, Department of—C</FP>
                    <FP SOURCE="FP-1">Consumer Product Safety Commission—CPSC</FP>
                    <FP SOURCE="FP-1">Corps of Engineers, Civil Works—CE</FP>
                    <FP SOURCE="FP-1">Defense, Department of—D</FP>
                    <FP SOURCE="FP-1">Defense Commissary Agency—DECA</FP>
                    <FP SOURCE="FP-1">Defense Contract Audit Agency—DA</FP>
                    <FP SOURCE="FP-1">Defense Logistics Agency—DLA</FP>
                    <FP SOURCE="FP-1">District of Columbia Redevelopment Land Agency—LA</FP>
                    <FP SOURCE="FP-1">Energy, Department of—E</FP>
                    <FP SOURCE="FP-1">Enrichment Corporation, U.S—EC</FP>
                    <FP SOURCE="FP-1">Environmental Protection Agency—EPA</FP>
                    <FP SOURCE="FP-1">Executive Office of the President—EO Council of Economic Advisers, National Security Council, Office of Management and Budget—EO</FP>
                    <FP SOURCE="FP-1">Federal Communications Commission—FC</FP>
                    <FP SOURCE="FP-1">Federal Deposit Insurance Corporation—FD</FP>
                    <FP SOURCE="FP-1">Federal Emergency Management Agency—FE</FP>
                    <FP SOURCE="FP-1">Federal Mediation and Conciliation Service—FM</FP>
                    <FP SOURCE="FP-1">General Services Administration—GS</FP>
                    <FP SOURCE="FP-1">Government Printing Office—GP</FP>
                    <FP SOURCE="FP-1">GSA Fleet—G</FP>
                    <FP SOURCE="FP-1">Health and Human Services, Department of—HHS</FP>
                    <FP SOURCE="FP-1">Interior, Department of the—I</FP>
                    <FP SOURCE="FP-1">Judicial Branch of the Government—JB</FP>
                    <FP SOURCE="FP-1">Justice, Department of—J</FP>
                    <FP SOURCE="FP-1">Labor, Department of—L</FP>
                    <FP SOURCE="FP-1">Legislative Branch—LB</FP>
                    <FP SOURCE="FP-1">Marine Corps—MC</FP>
                    <FP SOURCE="FP-1">National Aeronautics and Space Administration—NA</FP>
                    <FP SOURCE="FP-1">National Capital Planning Commission—NP</FP>
                    <FP SOURCE="FP-1">National Guard Bureau—NG</FP>
                    <FP SOURCE="FP-1">National Labor Relations Board—NL</FP>
                    <FP SOURCE="FP-1">National Science Foundation—NS</FP>
                    <FP SOURCE="FP-1">Navy, Department of the—N</FP>
                    <FP SOURCE="FP-1">Nuclear Regulatory Commission—NRC</FP>
                    <FP SOURCE="FP-1">Office of Personnel Management—OPM</FP>
                    <FP SOURCE="FP-1">Panama Canal Commission—PC</FP>
                    <FP SOURCE="FP-1">Railroad Retirement Board—RR</FP>
                    <FP SOURCE="FP-1">Selective Service System—SS</FP>
                    <FP SOURCE="FP-1">Small Business Administration—SB</FP>
                    <FP SOURCE="FP-1">Smithsonian Institution, National Gallery of Art—SI</FP>
                    <FP SOURCE="FP-1">Soldiers’ and Airmen's Home, U.S—SH</FP>
                    <FP SOURCE="FP-1">State, Department of—S</FP>
                    <FP SOURCE="FP-1">Tennessee Valley Authority—TV</FP>
                    <FP SOURCE="FP-1">Transportation, Department of—DOT</FP>
                    <FP SOURCE="FP-1">Treasury, Department of the—T</FP>
                    <FP SOURCE="FP-1">United States Information Agency—IA</FP>
                    <FP SOURCE="FP-1">United States Postal Service—P</FP>
                    <FP SOURCE="FP-1">Veterans Affairs, Department of—VA</FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.165</SECTNO>
                  <SUBJECT>How can we get a new license plate code designation?</SUBJECT>

                  <P>To get a new license plate code designation, write to the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                  </P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.170</SECTNO>
                  <SUBJECT>Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?</SUBJECT>
                  <P>Yes. DC Code, section 40-102(d)(2), requires the issuance of license plates, without charge, for all motor vehicles owned or leased by the Government at the time the motor vehicle is registered or reregistered.</P>
                  <P>(a) You must register motor vehicles that are regularly based or operated in DC with the DC Department of Transportation. Your application to register must include a manufacturer's Certificate of Origin, bill of sale, or other document attesting Government ownership. Forms for registering motor vehicles are available from the District of Columbia, Department of Transportation.</P>
                  <P>(b) Motor vehicles owned or leased by the Government and licensed in the District of Columbia may have the letter code designation prescribed in § 102-34.160 stenciled in the blank space beside the embossed numbers. If you add a letter code designation, stencil it on the license plate so that the letters resemble the embossed numbers in size and color. License plates issued by the District of Columbia without an agency letter code designation will usually have the letter code designation “US”.</P>
                  <P>(c) Transfer of U.S. Government license plates issued by the District of Columbia between your agency's own motor vehicles requires prior approval from the District of Columbia, Department of Transportation.</P>

                  <P>(d) You must have each registered motor vehicle inspected annually according to section 40-204 of the District of Columbia Code and applicable regulations. The District of Columbia <PRTPAGE P="21"/>issues an inspection verification sticker for each motor vehicle that passes inspection. Inspections and stickers are free.</P>
                  <P>(e) Return damaged or mutilated license plates to the District of Columbia, Department of Transportation, for cancellation. Also return license plates when you transfer a motor vehicle regularly based or operated in the District of Columbia to operation in a field area, another agency, or remove the motor vehicle from Government service.</P>
                  <CITA>[64 FR 59593, Nov. 2, 1999; 64 FR 66967, Nov. 30, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Identification Exemptions</HD>
                <SECTION>
                  <SECTNO>§ 102-34.175</SECTNO>
                  <SUBJECT>What types of exemptions are there?</SUBJECT>
                  <P>(a) Limited exemption.</P>
                  <P>(b) Unlimited exemption.</P>
                  <P>(c) Special exemption.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.180</SECTNO>
                  <SUBJECT>May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?</SUBJECT>

                  <P>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 § 102-34.185.) For motor vehicles leased from the GSA Fleet, send an information copy of this certification to the: General Services Administration, Attn: FFF, Washington, DC 20406.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.180:</HD>
                    <P>Not eligible for exemption are motor vehicles regularly used for common administrative purposes and not directly connected to investigative, law enforcement or intelligence duties involving security activities.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.185</SECTNO>
                  <SUBJECT>What information must the certification contain?</SUBJECT>
                  <P>The certification must state either:</P>
                  <P>(a) That the motor vehicle is used primarily for investigative, law enforcement or intelligence duties involving security activities and that identifying the motor vehicle would interfere with those duties; or</P>
                  <P>(b) That identifying the motor vehicle would endanger the security of the vehicle occupants.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.190</SECTNO>
                  <SUBJECT>For how long is a limited exemption valid?</SUBJECT>
                  <P>An exemption granted in accordance with § 102-34.180 and § 102-34.185 may last from one day up to one year. If the requirement for exemption still exists at the end of the year, 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: FFF, Washington, DC 20406.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.195</SECTNO>
                  <SUBJECT>What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <P>The following Federal agencies, or activities within agencies, are granted an unlimited exemption based on ongoing mission requirements and do not need to certify:</P>
                  <P>(a) <E T="03">Administrative Office of the United States Courts.</E> All motor vehicles used by United States probation offices and pretrial services agencies of the judicial branch of the U.S. Government.</P>
                  <P>(b) <E T="03">Department of Agriculture.</E> Motor vehicles used for investigative or law enforcement activities by the Agricultural Marketing Service, Animal and Plant Health Inspection Service, Food Safety and Inspection Service, Forest Service, Grain Inspection, Packers and Stockyard Administration, Packers and Stockyard Program, Food and Consumers Service, and Office of the Inspector General.</P>
                  <P>(c) <E T="03">Department of Commerce.</E> Motor vehicles used for surveillance and other law enforcement activities by the Office of Export Enforcement, International Trade Administration, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration.</P>
                  <P>(d) <E T="03">Department of Defense.</E> Motor vehicles used for intelligence, investigative, or security activities by the U.S. Army Intelligence Agency and the Criminal Investigation Command of the Department of the Army; Office of Naval Intelligence of the Department of the Navy; Office of Special Investigations of the Department of the Air Force; the Defense Criminal Investigation Service, Office of the Inspector <PRTPAGE P="22"/>General; and the Defense Logistics Agency.</P>
                  <P>(e) <E T="03">District of Columbia.</E> Motor vehicles used by St. Elizabeth's Hospital in outpatient work where identifying the motor vehicles would be prejudicial to patients.</P>
                  <P>(f) <E T="03">Department of Education.</E> Motor vehicles used for investigative and law enforcement activities by the Office of the Inspector General.</P>
                  <P>(g) <E T="03">Department of Energy.</E> Motor vehicles used for investigative or security activities.</P>
                  <P>(h) <E T="03">Environmental Protection Agency.</E> Motor vehicles used for investigative and law enforcement activities by the Office of Inspector General and the Office of Enforcement and Compliance Assurance.</P>
                  <P>(i) <E T="03">Federal Communications Commission.</E> Motor vehicles used for investigative activities by the Field Operations Bureau.</P>
                  <P>(j) <E T="03">General Services Administration.</E> Motor vehicles used for investigative, surveillance, and security activities by special agents of the Federal Protective Service, and Office of the Inspector General.</P>
                  <P>(k) <E T="03">Department of Health and Human Services.</E> Motor vehicles used for undercover law enforcement and similar investigative work by the Food and Drug Administration; motor vehicles used to transport mentally disturbed children by the National Institutes of Health; and motor vehicles used for law enforcement and investigative purposes by the Office of Investigations and the Office of the Inspector General.</P>
                  <P>(l) <E T="03">Department of Housing and Urban Development.</E> Motor vehicles used for law enforcement or investigative purposes by the Office of the Inspector General.</P>
                  <P>(m) <E T="03">Department of the Interior.</E> Motor vehicles used to enforce game laws by the U.S. Fish and Wildlife Service; motor vehicles assigned to special agents of the Bureau of Land Management who investigate crimes against public lands; motor vehicles assigned to special officers of the Bureau of Indian Affairs; motor vehicles used for investigating crimes against public lands by the National Park Service and assigned to the U.S. Park Police; and motor vehicles assigned to the special agents of the Office of the Inspector General who investigate possible crimes of fraud and abuse by departmental employees, contractors, and grantees.</P>
                  <P>(n) <E T="03">Department of Justice.</E> All motor vehicles used for undercover law enforcement activities or investigative work by the Department.</P>
                  <P>(o) <E T="03">Department of Labor.</E> All motor vehicles used for investigative, law enforcement, and compliance activities by the Employment and Training Administration, Occupational Safety and Health Administration, Employment Standards Administration, and the Mine Safety and Health Administration.</P>
                  <P>(p) <E T="03">National Aeronautics and Space Administration.</E> Motor vehicles used for investigative or law enforcement activities.</P>
                  <P>(q) <E T="03">National Labor Relations Board.</E> Motor vehicles used for investigative activities by field offices.</P>
                  <P>(r) <E T="03">National Security Council.</E> Motor vehicles used by the Central Intelligence Agency.</P>
                  <P>(s) <E T="03">Nuclear Regulatory Commission.</E> Motor vehicles used for the conduct of security operations or in the enforcement of security regulations.</P>
                  <P>(t) <E T="03">Office of Personnel Management.</E> Motor vehicles used for the investigative program of the Office of Personnel Investigations and regional investigation activities.</P>
                  <P>(u) <E T="03">United States Postal Service.</E> Motor vehicles that the Postal Inspection Service uses for investigative and law enforcement activities.</P>
                  <P>(v) <E T="03">Department of State.</E> Motor vehicles used for protecting domestic and foreign dignitaries and investigating passport and visa fraud.</P>
                  <P>(w) <E T="03">Department of Transportation.</E> Motor vehicles used for intelligence, investigative, or security activities by the Office of the Inspector General, the OST Office of Security, the Investigations and Security Division and field counterparts in the U.S. Coast Guard, the Office of Civil Aviation Security and field counterparts in the Federal Aviation Administration, and the Idaho Division Office of Motor Carriers in the Federal Highway Administration.<PRTPAGE P="23"/>
                  </P>
                  <P>(x) <E T="03">Department of Treasury.</E> Motor vehicles used by the U.S. Secret Service; the Criminal Investigation Division and the Internal Security Division of the Internal Revenue Service; motor vehicles used for investigative activities by the Collection Division of the Internal Revenue Service; motor vehicles used by the Office of Enforcement and the Office of Inspection at the Bureau of Alcohol, Tobacco, and Firearms; and motor vehicles used by the Office of Enforcement, Office of Compliance Operations, and the Office of Internal Affairs at the U.S. Customs Service.</P>
                  <P>(y) <E T="03">Department of Veterans Affairs.</E> Motor vehicles used for investigative activities by the Office of the Inspector General and regional Field Examiners and Property Management Inspectors.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.200</SECTNO>
                  <SUBJECT>What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <P>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. All motor vehicles, other than those assigned for the personal use of the President, will display official U.S. Government license plates.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.205</SECTNO>
                  <SUBJECT>What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S. Government license plates?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.210</SECTNO>
                  <SUBJECT>What special requirements apply to exempted motor vehicles operating in the District of Columbia?</SUBJECT>
                  <P>If your agency wants to use regular District of Columbia license plates for motor vehicles exempt from displaying U.S. government license plates and motor vehicle identification, your agency head must designate an official to authorize them. Provide the name and facsimile signature of that official to the District of Columbia, Department of Transportation, annually.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.215</SECTNO>
                  <SUBJECT>Can GSA ask for a listing of exempted motor vehicles?</SUBJECT>

                  <P>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: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                  </P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Official Use of Government Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.220</SECTNO>
                <SUBJECT>What is official use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>Official use of a motor vehicle is using a motor vehicle to perform your agency's mission(s), as authorized by your agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.225</SECTNO>
                <SUBJECT>May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?</SUBJECT>
                <P>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 subpart 101-6.4 of this title. Your agency must keep a copy of the written authorization within the agency and monitor the use of these motor vehicles.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.230</SECTNO>
                <SUBJECT>May Government contractors use motor vehicles owned or leased by the Government?</SUBJECT>
                <P>Yes, Government contractors may use Government motor vehicles when authorized under applicable procedures and the following conditions:</P>
                <P>(a) Motor vehicles are used for official purposes only and solely in the performance of the contract.</P>
                <P>(b) Motor vehicles cannot be used for transportation between residence and place of employment, unless authorized in accordance with 31 U.S.C. 1344 and subpart 101-6.4 of this title.</P>
                <P>(c) Contractors must:<PRTPAGE P="24"/>
                </P>
                <P>(1) Establish and enforce suitable penalties against employees who use, or authorize the use of, such motor vehicles for unofficial purposes or for other than in the performance of the contract; and</P>
                <P>(2) Pay any expenses or cost, without Government reimbursement, for using such motor vehicles other than in the performance of the contract.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.235</SECTNO>
                <SUBJECT>What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>GSA reports the matter to the head of the agency employing the motor vehicle operator. The employing 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.240</SECTNO>
                <SUBJECT>How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?</SUBJECT>
                <P>If an employee willfully uses, or authorizes the use of, a 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).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.245</SECTNO>
                <SUBJECT>How am I responsible for protecting motor vehicles?</SUBJECT>
                <P>When a Government-owned or -leased motor vehicle is under your control, you must:</P>
                <P>(a) Park or store the vehicle in a manner that reasonably protects it from theft or damage.</P>
                <P>(b) Lock the unattended motor vehicle. (The only exception to this requirement is when fire regulations or other directives prohibit locking motor vehicles in closed buildings or enclosures.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.250</SECTNO>
                <SUBJECT>Am I bound by State and local traffic laws?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.255</SECTNO>
                <SUBJECT>Who pays for parking fees and fines?</SUBJECT>
                <P>You must pay parking fees while operating a motor vehicle owned or leased by the Government. However, you can expect to be reimbursed for parking fees incurred while performing official duties. Conversely, if you are fined for a parking violation while operating a motor vehicle owned or leased by the Government, payment is your personal responsibility and you will not be reimbursed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.260</SECTNO>
                <SUBJECT>Do Federal employees in motor vehicles owned or leased by the government have to use safety belts?</SUBJECT>
                <P>Yes Federal employees must use safety belts, when there is a safety belt.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Replacement of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.265</SECTNO>
                <SUBJECT>What are motor vehicle replacement standards?</SUBJECT>
                <P>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 § 102-34.280) .</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.270</SECTNO>
                <SUBJECT>May we replace a Government-owned motor vehicle sooner?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.275</SECTNO>
                <SUBJECT>May we keep a Government-owned motor vehicle even though the standard permits replacement?</SUBJECT>

                <P>Yes. The replacement standard is a minimum only, and therefore, you may <PRTPAGE P="25"/>keep a Government-owned motor vehicle longer than shown in § 102-34.280 if the motor vehicle can be operated without excessive maintenance costs or substantial reduction in resale value.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.280</SECTNO>
                <SUBJECT>How long must we keep a Government-owned motor vehicle?</SUBJECT>
                <P>You must keep a motor vehicle owned or leased by the Government for at least the years or miles shown in the following table:</P>
                <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2,i1">
                  <TTITLE>Table of Minimum Replacement Standards</TTITLE>
                  <BOXHD>
                    <CHED H="1">Motor vehicle type</CHED>
                    <CHED H="1">Years <SU>a</SU>
                    </CHED>
                    <CHED H="1">or Miles <SU>a</SU>
                    </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Sedans/Station Wagons</ENT>
                    <ENT>3</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Ambulances</ENT>
                    <ENT>7</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">Buses:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Intercity</ENT>
                    <ENT>n/a</ENT>
                    <ENT>280,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">City</ENT>
                    <ENT>n/a</ENT>
                    <ENT>150,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">School</ENT>
                    <ENT>n/a</ENT>
                    <ENT>80,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">Trucks:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Less than 12,500 pounds GVWR</ENT>
                    <ENT>6</ENT>
                    <ENT>50,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">12,500-23,999 pounds GVWR</ENT>
                    <ENT>7</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">24,000 pounds GVWR and over</ENT>
                    <ENT>9</ENT>
                    <ENT>80,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">4- or 6-wheel drive motor vehicles</ENT>
                    <ENT>6</ENT>
                    <ENT>40,000</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>a</SU> Minimum standards are stated in both years and miles; use whichever occurs first.</TNOTE>
                </GPOTABLE>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Scheduled Maintenance of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.285</SECTNO>
                <SUBJECT>What kind of maintenance programs must we have?</SUBJECT>
                <P>You must have a scheduled maintenance program for each motor vehicle you own or lease. This requirement applies to motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia. The GSA Fleet will develop maintenance programs for GSA Fleet vehicles. The scheduled maintenance program must:</P>
                <P>(a) Meet Federal, State, and local emission standards;</P>
                <P>(b) Meet manufacturer warranty requirements;</P>
                <P>(c) Ensure the safe and economical operating condition of the motor vehicle throughout its life; and</P>
                <P>(d) Ensure that inspections and servicing occur as recommended by the manufacturer or more often if local operating conditions require.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.290</SECTNO>
                <SUBJECT>Must our motor vehicles pass State inspections?</SUBJECT>
                <P>Yes your motor vehicles must pass State inspections, where mandated.</P>
                <P>(a) Each motor vehicle owned or leased by the Government must pass Federally-mandated emission inspections in the jurisdictions in which they operate when required by State motor vehicle administrations or State environmental departments. You must reimburse State activities for the cost of these inspections if the fee is not waived. GSA will pay the cost of these inspections for motor vehicles leased from the GSA Fleet.</P>
                <P>(b) Motor vehicles owned or leased by the Government that are exempted from the display of U.S. Government license plates and motor vehicle identification must comply with emission and mechanical inspection programs of the State, Commonwealth, territory or possession of the United States or the District of Columbia in which they are regularly operated. Your agency must pay for these inspections, unless the fee is waived. Payment for these inspections for motor vehicles leased from the GSA Fleet are the responsibility of the using agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.295</SECTNO>
                <SUBJECT>Where can we obtain help in setting up a maintenance program?</SUBJECT>

                <P>For help in setting up a maintenance programs, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Motor Vehicle Accident Reporting</HD>
              <SECTION>
                <SECTNO>§ 102-34.300</SECTNO>
                <SUBJECT>What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>GSA recommends the following forms for use to report an accident in any State, Commonwealth, territory or possession of the United States and the District of Columbia. The forms should be carried in any motor vehicle owned or leased by the Government.</P>
                <P>(a) <E T="03">Standard Form 91, Motor Vehicle Accident Report.</E> The motor vehicle operator should complete this form at the time and scene of the accident if possible, even if damage to the motor vehicle is not noticeable.<PRTPAGE P="26"/>
                </P>
                <P>(b) <E T="03">Standard Form 94, Statement of Witness.</E> This form should be completed by any witness to the accident.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.305</SECTNO>
                <SUBJECT>To whom do we send accident reports?</SUBJECT>
                <P>Send accident reports as follows:</P>
                <P>(a) If the motor vehicle is owned or leased by your agency, follow your internal agency directives.</P>
                <P>(b) If the motor vehicle is managed by the GSA Fleet, report the accident to GSA in accordance with subpart 101-39.4 of this title.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Disposal of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.310</SECTNO>
                <SUBJECT>How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?</SUBJECT>
                <P>After meeting the replacement standards under subpart D of this part, you may dispose of a Government-owned motor vehicle by transferring the motor vehicle title, or manufacturer's Certificate of Origin, to the new owner. Detailed instructions on the disposal process are in parts 101-45 and 101-46 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.315</SECTNO>
                <SUBJECT>What forms do we use to transfer ownership when selling a motor vehicle?</SUBJECT>
                <P>Use the following forms to transfer ownership:</P>
                <P>(a) Standard Form 97, The United States Government Certificate to Obtain Title to a Motor Vehicle, if both of the following apply:</P>
                <P>(1) The motor vehicle will be retitled by a State, Commonwealth, territory or possession of the United States or the District of Columbia; and</P>

                <P>(2) The purchaser intends to operate the motor vehicle on highways.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.315<E T="01">(a)</E>(2):</HD>
                  <P>Do not use Standard Form 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. Instead, use an appropriate bill of sale or award document. Examples are Optional Form 16, Sales Slip-Sale of Government Personal Property, and Standard Form 114, Sale of Government Property—Bid and Award.</P>
                </NOTE>
                

                <P>(b) Standard Form 97 is optional in foreign countries because foreign governments may require the use of other forms.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.315:</HD>
                  <P>The original Standard Form 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.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.320</SECTNO>
                <SUBJECT>How do we distribute the completed Standard Form 97?</SUBJECT>
                <P>Standard Form 97 is a 4-part set printed on continuous-feed paper. Distribute the form as follows:</P>
                <P>(a) Original SF 97 to the purchaser or donee.</P>
                <P>(b) One copy to the owning agency.</P>
                <P>(c) One copy to the contracting officer making the sale or transfer of the motor vehicle.</P>
                <P>(d) One copy under owning-agency directives.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart H—Motor Vehicle Fueling</HD>
              <SECTION>
                <SECTNO>§ 102-34.325</SECTNO>
                <SUBJECT>How do we obtain fuel for motor vehicles?</SUBJECT>
                <P>You may obtain fuel for any motor vehicle owned or leased by the Government by using:</P>
                <P>(a) A Government-issued charge card;</P>
                <P>(b) A Government agency fueling facility; or</P>
                <P>(c) Personal funds and obtaining reimbursement from your agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.330</SECTNO>
                <SUBJECT>What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?</SUBJECT>

                <P>(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 are deducted from fuel purchases by the fleet charge card services contractor before your agency is billed. 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: FCX, Washington, DC 20406.<PRTPAGE P="27"/>
                </P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.335</SECTNO>
                <SUBJECT>What type of fuel do I use in motor vehicles?</SUBJECT>
                <P>(a) Use the grade (octane rating) of fuel recommended by the motor vehicle manufacturer when fueling motor vehicles owned or leased by the Government.</P>
                <P>(b) Do not use premium grade gasoline in any motor vehicle owned or leased by the Government unless the motor vehicle specifically requires premium grade gasoline.</P>
                <P>(c) Use unleaded gasoline in all Government owned or leased motor vehicles designed to operate on gasoline and used overseas unless:</P>
                <P>(1) Such use would be in conflict with country-to-country or multi-national logistics agreements; or</P>
                <P>(2) Such gasoline is not available locally.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.340</SECTNO>
                <SUBJECT>Do I have to use self-service fuel pumps?</SUBJECT>
                <P>Yes. You must use self-service fuel pumps to the fullest extent possible.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart I—Federal Motor Vehicle Fleet Report</HD>
              <SECTION>
                <SECTNO>§ 102-34.345</SECTNO>
                <SUBJECT>What is the Federal Motor Vehicle Fleet Report?</SUBJECT>
                <P>The Federal Motor Vehicle Fleet Report is compiled by GSA annually from information submitted by Federal agencies on motor vehicle inventory, cost, and use data. GSA supplies copies of the report to the Congress, Federal agencies, and other organizations upon request.</P>
                <P>Recipients of this report use it to evaluate and analyze operations and management of the Federal motor vehicle fleet.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.350</SECTNO>
                <SUBJECT>What records do we need to keep?</SUBJECT>
                <P>For owned motor vehicles, you are responsible for developing adequate accounting and reporting procedures to ensure accurate reporting of inventory, cost, and operational data needed to manage and control motor vehicles.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.355</SECTNO>
                <SUBJECT>When and how do we report motor vehicle data?</SUBJECT>

                <P>(a) Within 75 calendar days after the end of the fiscal year, use Standard Form 82, Agency Report of Motor Vehicle Data, to report motor vehicle inventory, cost, and operating information. Send the Standard Form 82 to the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
                <P>(b) Use separate forms to report data for domestic and foreign fleets.</P>
                <P>(1) For motor vehicles lent to another agency during the reporting period, the owning agency reports all data.</P>
                <P>(2) For motor vehicles transferred from one owning agency to another, each agency reports data for the time it retained accountability.</P>

                <P>(c) Detailed instructions are included as part of the form. You can also complete the Standard Form 82 electronically using a computerized input medium. For further information, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart J—Forms</HD>
              <SECTION>
                <SECTNO>§ 102-34.360</SECTNO>
                <SUBJECT>How do we obtain the forms prescribed in this part?</SUBJECT>
                <P>See § 102-2.135 of this chapter for how to obtain forms prescribed in this part.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-35—DISPOSITION OF PERSONAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-36</EAR>
            <HD SOURCE="HED">PART 102-36—DISPOSITION OF EXCESS PERSONAL PROPERTY</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-36.5</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <SECTNO>102-36.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-36.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <SECTNO>102-36.20</SECTNO>

                <SUBJECT>To whom do “we”, “you”, and their variants refer?<PRTPAGE P="28"/>
                </SUBJECT>
                <SECTNO>102-36.25</SECTNO>
                <SUBJECT>How do we request a deviation from these requirements and who can approve it?</SUBJECT>
                <SECTNO>102-36.30</SECTNO>
                <SUBJECT>When is personal property excess?</SUBJECT>
                <SECTNO>102-36.35</SECTNO>
                <SUBJECT>What is the typical process for disposing of excess personal property?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-36.40</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Responsibility</HD>
                  <SECTNO>102-36.45</SECTNO>
                  <SUBJECT>What are our responsibilities in the management of excess personal property?</SUBJECT>
                  <SECTNO>102-36.50</SECTNO>
                  <SUBJECT>May we use a contractor to perform the functions of excess personal property disposal?</SUBJECT>
                  <SECTNO>102-36.55</SECTNO>
                  <SUBJECT>What is GSA's role in the disposition of excess personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Acquiring Excess Personal Property For Our Agency</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Acquiring Excess</HD>
                  <SECTNO>102-36.60</SECTNO>
                  <SUBJECT>Who is eligible to acquire excess personal property as authorized by the Property Act?</SUBJECT>
                  <SECTNO>102-36.65</SECTNO>
                  <SUBJECT>Why must we use excess personal property instead of buying new property?</SUBJECT>
                  <SECTNO>102-36.70</SECTNO>
                  <SUBJECT>What must we consider when acquiring excess personal property?</SUBJECT>
                  <SECTNO>102-36.75</SECTNO>
                  <SUBJECT>Do we pay for excess personal property we acquire from another Federal agency under a transfer?</SUBJECT>
                  <SECTNO>102-36.80</SECTNO>
                  <SUBJECT>How much do we pay for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <SECTNO>102-36.85</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Screening of Excess</HD>
                  <SECTNO>102-36.90</SECTNO>
                  <SUBJECT>How do we find out what personal property is available as excess?</SUBJECT>
                  <SECTNO>102-36.95</SECTNO>
                  <SUBJECT>How long is excess personal property available for screening?</SUBJECT>
                  <SECTNO>102-36.100</SECTNO>
                  <SUBJECT>When does the screening period start for excess personal property?</SUBJECT>
                  <SECTNO>102-36.105</SECTNO>
                  <SUBJECT>Who is authorized to screen and where do we go to screen excess personal property on-site?</SUBJECT>
                  <SECTNO>102-36.110</SECTNO>
                  <SUBJECT>Do we need authorization to screen excess personal property?</SUBJECT>
                  <SECTNO>102-36.115</SECTNO>
                  <SUBJECT>What information must we include in the authorization form for non-Federal persons to screen excess personal property?</SUBJECT>
                  <SECTNO>102-36.120</SECTNO>
                  <SUBJECT>What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Processing Transfers</HD>
                  <SECTNO>102-36.125</SECTNO>
                  <SUBJECT>How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?</SUBJECT>
                  <SECTNO>102-36.130</SECTNO>
                  <SUBJECT>What are our responsibilities in processing transfer orders of excess personal property?</SUBJECT>
                  <SECTNO>102-36.135</SECTNO>
                  <SUBJECT>How much time do we have to pick up excess personal property that has been approved for transfer?</SUBJECT>
                  <SECTNO>102-36.140</SECTNO>
                  <SUBJECT>May we arrange to have the excess personal property shipped to its final destination?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Direct Transfers</HD>
                  <SECTNO>102-36.145</SECTNO>
                  <SUBJECT>May we obtain excess personal property directly from another Federal agency without GSA approval?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Acquiring Excess Personal Property for Non-Federal Recipients</HD>
                <SECTNO>102-36.150</SECTNO>
                <SUBJECT>For which non-Federal activities may we acquire excess personal property?</SUBJECT>
                <SECTNO>102-36.155</SECTNO>
                <SUBJECT>What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?</SUBJECT>
                <SECTNO>102-36.160</SECTNO>
                <SUBJECT>What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Nonappropriated Fund Activities</HD>
                  <SECTNO>102-36.165</SECTNO>
                  <SUBJECT>Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?</SUBJECT>
                  <SECTNO>102-36.170</SECTNO>
                  <SUBJECT>May we transfer personal property owned by one of our nonappropriated fund activities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Contractors</HD>
                  <SECTNO>102-36.175</SECTNO>
                  <SUBJECT>Are there restrictions to acquiring excess personal property for use by our contractors?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Cooperatives</HD>
                  <SECTNO>102-36.180</SECTNO>
                  <SUBJECT>Is there any limitation/condition to acquiring excess personal property for use by cooperatives?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Project Grantees</HD>
                  <SECTNO>102-36.185</SECTNO>
                  <SUBJECT>What are the requirements for acquiring excess personal property for use by our grantees?</SUBJECT>
                  <SECTNO>102-36.190</SECTNO>
                  <SUBJECT>Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?</SUBJECT>
                  <SECTNO>102-36.195</SECTNO>

                  <SUBJECT>What type of excess personal property may we furnish to our project grantees?<PRTPAGE P="29"/>
                  </SUBJECT>
                  <SECTNO>102-36.200</SECTNO>
                  <SUBJECT>May we acquire excess personal property for cannibalization purposes by the grantee?</SUBJECT>
                  <SECTNO>102-36.205</SECTNO>
                  <SUBJECT>Is there a limit to how much excess personal property we may furnish to our grantees?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Disposition of Excess Personal Property</HD>
                <SECTNO>102-36.210</SECTNO>
                <SUBJECT>Why must we report excess personal property to GSA?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Reporting Excess Personal Property</HD>
                  <SECTNO>102-36.215</SECTNO>
                  <SUBJECT>How do we report excess personal property?</SUBJECT>
                  <SECTNO>102-36.220</SECTNO>
                  <SUBJECT>Must we report all excess personal property to GSA?</SUBJECT>
                  <SECTNO>102-36.225</SECTNO>
                  <SUBJECT>Must we report excess related personal property?</SUBJECT>
                  <SECTNO>102-36.230</SECTNO>
                  <SUBJECT>Where do we send the reports of excess personal property?</SUBJECT>
                  <SECTNO>102-36.235</SECTNO>
                  <SUBJECT>What information do we provide when reporting excess personal property?</SUBJECT>
                  <SECTNO>102-36.240</SECTNO>
                  <SUBJECT>What are the disposal condition codes?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disposing of Excess Personal Property</HD>
                  <SECTNO>102-36.245</SECTNO>
                  <SUBJECT>Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?</SUBJECT>
                  <SECTNO>102-36.250</SECTNO>
                  <SUBJECT>Does GSA ever take physical custody of excess personal property?</SUBJECT>
                  <SECTNO>102-36.255</SECTNO>
                  <SUBJECT>What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?</SUBJECT>
                  <SECTNO>102-36.260</SECTNO>
                  <SUBJECT>How do we promote the expeditious transfer of excess personal property?</SUBJECT>
                  <SECTNO>102-36.265</SECTNO>
                  <SUBJECT>What if there are competing requests for the same excess personal property?</SUBJECT>
                  <SECTNO>102-36.270</SECTNO>
                  <SUBJECT>What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?</SUBJECT>
                  <SECTNO>102-36.275</SECTNO>
                  <SUBJECT>May we dispose of excess personal property without GSA approval?</SUBJECT>
                  <SECTNO>102-36.280</SECTNO>
                  <SUBJECT>May we withdraw from the disposal process excess personal property that we have reported to GSA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transfers With Reimbursement</HD>
                  <SECTNO>102-36.285</SECTNO>
                  <SUBJECT>May we charge for personal property transferred to another Federal agency?</SUBJECT>
                  <SECTNO>102-36.290</SECTNO>
                  <SUBJECT>How much do we charge for excess personal property on a transfer with reimbursement?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Report of Disposal Activity</HD>
                  <SECTNO>102-36.295</SECTNO>
                  <SUBJECT>Is there any reporting requirement on the disposition of excess personal property?</SUBJECT>
                  <SECTNO>102-36.300</SECTNO>
                  <SUBJECT>How do we report the furnishing of personal property to non-Federal recipients?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Abandonment/Destruction</HD>
                  <SECTNO>102-36.305</SECTNO>
                  <SUBJECT>May we abandon or destroy excess personal property without reporting it to GSA?</SUBJECT>
                  <SECTNO>102-36.310</SECTNO>
                  <SUBJECT>Who makes the determination to abandon or destroy excess personal property?</SUBJECT>
                  <SECTNO>102-36.315</SECTNO>
                  <SUBJECT>Are there any restrictions to the use of the abandonment/destruction authority?</SUBJECT>
                  <SECTNO>102-36.320</SECTNO>
                  <SUBJECT>May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?</SUBJECT>
                  <SECTNO>102-36.325</SECTNO>
                  <SUBJECT>What must be done before the abandonment/destruction of excess personal property?</SUBJECT>
                  <SECTNO>102-36.330</SECTNO>
                  <SUBJECT>Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Personal Property WhoseDisposal Requires Special Handling</HD>
                <SECTNO>102-36.335</SECTNO>
                <SUBJECT>Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Aircraft and Aircraft Parts</HD>
                  <SECTNO>102-36.340</SECTNO>
                  <SUBJECT>What must we do when disposing of excess aircraft?</SUBJECT>
                  <SECTNO>102-36.345</SECTNO>
                  <SUBJECT>May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <SECTNO>102-36.350</SECTNO>
                  <SUBJECT>How do we identify a FSCAP?</SUBJECT>
                  <SECTNO>102-36.355</SECTNO>
                  <SUBJECT>What are the FSCAP Criticality Codes?</SUBJECT>
                  <SECTNO>102-36.360</SECTNO>
                  <SUBJECT>How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Canines, Law Enforcement</HD>
                  <SECTNO>102-36.365</SECTNO>
                  <SUBJECT>May we transfer or donate canines that have been used in the performance of law enforcement duties?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disaster Relief Property</HD>
                  <SECTNO>102-36.370</SECTNO>
                  <SUBJECT>Are there special requirements concerning the use of excess personal property for disaster relief?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Firearms</HD>
                  <SECTNO>102-36.375</SECTNO>
                  <SUBJECT>May we dispose of excess firearms?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Foreign Excess Personal Property</HD>
                  <SECTNO>102-36.380</SECTNO>
                  <SUBJECT>Who is responsible for disposing of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.385</SECTNO>

                  <SUBJECT>What are our responsibilities in the disposal of foreign excess personal property?<PRTPAGE P="30"/>
                  </SUBJECT>
                  <SECTNO>102-36.390</SECTNO>
                  <SUBJECT>How may we dispose of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.395</SECTNO>
                  <SUBJECT>How may GSA assist us in disposing of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.400</SECTNO>
                  <SUBJECT>Who pays for the transportation costs when foreign excess personal property is returned to the United States?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Gifts</HD>
                  <SECTNO>102-36.405</SECTNO>
                  <SUBJECT>May we keep gifts given to us from the public?</SUBJECT>
                  <SECTNO>102-36.410</SECTNO>
                  <SUBJECT>How do we dispose of a gift in the form of money or intangible personal property?</SUBJECT>
                  <SECTNO>102-36.415</SECTNO>
                  <SUBJECT>How do we dispose of gifts other than intangible personal property?</SUBJECT>
                  <SECTNO>102-36.420</SECTNO>
                  <SUBJECT>How do we dispose of gifts from foreign governments or entities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Hazardous Personal Property</HD>
                  <SECTNO>102-36.425</SECTNO>
                  <SUBJECT>May we dispose of excess hazardous personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Munitions List Items/Commerce Control List Items (MLIs/CCLIs)</HD>
                  <SECTNO>102-36.430</SECTNO>
                  <SUBJECT>May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?</SUBJECT>
                  <SECTNO>102-36.435</SECTNO>
                  <SUBJECT>How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Printing Equipment and Supplies</HD>
                  <SECTNO>102-36.440</SECTNO>
                  <SUBJECT>Are there special procedures for reporting excess printing and binding equipment and supplies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Red Cross Property</HD>
                  <SECTNO>102-36.445</SECTNO>
                  <SUBJECT>Do we report excess personal property originally acquired from or through the American National Red Cross?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Shelf-Life Items</HD>
                  <SECTNO>102-36.450</SECTNO>
                  <SUBJECT>Do we report excess shelf-life items?</SUBJECT>
                  <SECTNO>102-36.455</SECTNO>
                  <SUBJECT>How do we report excess shelf-life items?</SUBJECT>
                  <SECTNO>102-36.460</SECTNO>
                  <SUBJECT>Do we report excess medical shelf-life items held for national emergency purposes?</SUBJECT>
                  <SECTNO>102-36.465</SECTNO>
                  <SUBJECT>May we transfer or exchange excess medical shelf-life items with other Federal agencies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Vessels</HD>
                  <SECTNO>102-36.470</SECTNO>
                  <SUBJECT>What must we do when disposing of excess vessels?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Miscellaneous Disposition</HD>
                <SECTNO>102-36.475</SECTNO>
                <SUBJECT>What is the authority for transfers under “Computers for Learning”?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 31218, May 16, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-36.5</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <P>Section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (the Property Act) (40 U.S.C. 486), authorizes the Administrator of General Services to prescribe regulations as he deems necessary to carry out his functions under the Property Act. Section 202 of the Property Act (40 U.S.C. 483) authorizes the General Services Administration (GSA) to prescribe policies to promote the maximum use of excess Government personal property by executive agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>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, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.20</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <P>Use of pronouns “we”, “you”, and their variants throughout this part refer to the agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.25</SECTNO>
                <SUBJECT>How do we request a deviation from these requirements and who can approve it?</SUBJECT>
                <P>See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="31"/>
                <SECTNO>§ 102-36.30</SECTNO>
                <SUBJECT>When is personal property excess?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.35</SECTNO>
                <SUBJECT>What is the typical process for disposing of excess personal property?</SUBJECT>
                <P>(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.</P>
                <P>(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. The Property Act 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.</P>
                <P>(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 101-45 of this title. 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.</P>
                <P>(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.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-36.40</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Commerce Control List Items (CCLIs)</E> 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.</P>
                  <P>
                    <E T="03">Cooperative</E> means the organization or entity that has a cooperative agreement with a Federal agency.</P>
                  <P>
                    <E T="03">Cooperative agreement</E> 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:</P>
                  <P>(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.</P>
                  <P>(2) Substantial involvement is anticipated between the Federal agency and the cooperative during the performance of the agreed upon activity.</P>
                  <P>(3) The cooperative is a State or local government entity or any person or organization authorized to receive Federal assistance or procurement contracts.</P>
                  <P>
                    <E T="03">Demilitarization</E> 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 the further use of the item for its originally intended purpose.<PRTPAGE P="32"/>
                  </P>
                  <P>
                    <E T="03">Excess personal property</E> 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.</P>
                  <P>
                    <E T="03">Exchange/sale property</E> means property not excess to the needs of the holding agency but eligible for replacement, which is exchanged or sold under the provisions of part 101-46 of this title in order to apply the exchange allowance or proceeds of sale in whole or part payment for replacement with a similar item.</P>
                  <P>
                    <E T="03">Executive agency</E> means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.</P>
                  <P>
                    <E T="03">Fair market value</E> means the best estimate of the gross sales proceeds if the property were to be sold in a public sale.</P>
                  <P>
                    <E T="03">Federal agency</E> 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).</P>
                  <P>
                    <E T="03">Federal Disposal System (FEDS)</E> is GSA's automated excess personal property system. For additional information on using FEDS, access http://pub.fss.gsa.gov/property/.</P>
                  <P>
                    <E T="03">Flight Safety Critical Aircraft Part (FSCAP)</E> 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.</P>
                  <P>
                    <E T="03">Foreign excess personal property</E> is any U.S. owned excess personal property located outside the United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.</P>
                  <P>
                    <E T="03">Grant</E> 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.</P>
                  <P>
                    <E T="03">Hazardous personal property</E> 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).</P>
                  <P>
                    <E T="03">Holding agency</E> means the Federal agency having accountability for, and generally possession of, the property involved.</P>
                  <P>
                    <E T="03">Intangible personal property</E> 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.</P>
                  <P>
                    <E T="03">Life-limited aircraft part</E> is an aircraft part that has a finite service life expressed in either total operating hours, total cycles, and/or calendar time.</P>
                  <P>
                    <E T="03">Line item</E> 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.</P>
                  <P>
                    <E T="03">Munitions List Items (MLIs)</E> 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.</P>
                  <P>
                    <E T="03">Nonappropriated fund activity</E> 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.</P>
                  <P>
                    <E T="03">Personal property</E> 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.</P>
                  <P>
                    <E T="03">Project grant</E> means a grant made for a specific purpose and with a specific termination date.<PRTPAGE P="33"/>
                  </P>
                  <P>
                    <E T="03">Property Act</E> means the Federal Property and Administrative Services Act of 1949 (63 Stat. 386), as amended.</P>
                  <P>
                    <E T="03">Public agency</E> 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.</P>
                  <P>
                    <E T="03">Related personal property</E> means any personal property that is an integral part of real property. It is:</P>
                  <P>(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</P>
                  <P>(2) Determined by the Administrator of General Services to be related to the real property.</P>
                  <P>
                    <E T="03">Salvage</E> means property that has value greater than its basic material content but for which repair or rehabilitation is clearly impractical and/or uneconomical.</P>
                  <P>
                    <E T="03">Scrap</E> means property that has no value except for its basic material content.</P>
                  <P>
                    <E T="03">Screening period</E> means the period in which excess and surplus personal property are made available for excess transfer or surplus donation to eligible recipients.</P>
                  <P>
                    <E T="03">Shelf-life item</E> 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.</P>
                  <P>
                    <E T="03">Surplus personal property (surplus)</E> means excess personal property no longer required by the Federal agencies as determined by GSA.</P>
                  <P>
                    <E T="03">Surplus release date</E> means the date when Federal screening has been completed and the excess property becomes surplus.</P>
                  <P>
                    <E T="03">Transfer with reimbursement</E> 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.</P>
                  <P>
                    <E T="03">Unit cost</E> means the original acquisition cost of a single item of property.</P>
                  <P>
                    <E T="03">United States</E> means all the 50 States and the District of Columbia.</P>
                  <P>
                    <E T="03">Vessels</E> means ships, boats and craft designed for navigation in and on the water, propelled by oars or paddles, sail, or power.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Responsibility</HD>
                <SECTION>
                  <SECTNO>§ 102-36.45</SECTNO>
                  <SUBJECT>What are our responsibilities in the management of excess personal property?</SUBJECT>
                  <P>(a) Agency procurement policies should require consideration of excess personal property before authorizing procurement of new personal property.</P>
                  <P>(b) You are encouraged to designate national and regional property management officials to:</P>
                  <P>(1) Promote the use of available excess personal property to the maximum extent practicable by your agency.</P>
                  <P>(2) Review and approve the acquisition and disposal of excess personal property.</P>
                  <P>(3) Ensure that any agency implementing procedures comply with this part.</P>
                  <P>(c) When acquiring excess personal property, you must:</P>
                  <P>(1) Limit the quantity acquired to that which is needed to adequately perform the function necessary to support the mission of your agency.</P>
                  <P>(2) Establish controls over the processing of excess personal property transfer orders.</P>
                  <P>(3) Facilitate the timely pickup of acquired excess personal property from the holding agency.</P>
                  <P>(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:</P>
                  <P>(1) Establish and maintain a system for property accountability.</P>

                  <P>(2) Protect the property against hazards including but not limited to fire, theft, vandalism, and weather.<PRTPAGE P="34"/>
                  </P>
                  <P>(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.</P>
                  <P>(4) Maintain appropriate inventory levels as set forth in part 101-27 of this title.</P>
                  <P>(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.</P>
                  <P>(e) When you no longer need personal property to carry out the mission of your program, you must:</P>
                  <P>(1) Offer the property for reassignment to other activities within your agency.</P>
                  <P>(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.</P>
                  <P>(3) Continue the care and handling of excess personal property while it goes through the disposal process.</P>
                  <P>(4) Facilitate the timely transfer of excess personal property to other Federal agencies or authorized eligible recipients.</P>
                  <P>(5) Provide reasonable access to authorized personnel for inspection and removal of excess personal property.</P>
                  <P>(6) Ensure that final disposition complies with applicable environmental, health, safety and national security regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.50</SECTNO>
                  <SUBJECT>May we use a contractor to perform the functions of excess personal property disposal?</SUBJECT>
                  <P>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 the Property Act and the Federal Management Regulation (41 CFR chapter 102), and any other applicable statutes and regulations when performing these functions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.55</SECTNO>
                  <SUBJECT>What is GSA's role in the disposition of excess personal property?</SUBJECT>
                  <P>In addition to developing and issuing regulations for the management of excess personal property, GSA:</P>
                  <P>(a) Screens and offers available excess personal property to Federal agencies and eligible non-Federal recipients.</P>
                  <P>(b) Approves and processes transfers of excess personal property to eligible activities.</P>
                  <P>(c) Determines the amount of reimbursement for transfers of excess personal property when appropriate.</P>
                  <P>(d) Conducts sales of surplus and exchange/sale personal property when requested by an agency.</P>
                  <P>(e) Maintains an automated system, FEDS, to facilitate the reporting and transferring of excess personal property.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Acquiring Excess Personal Property For Our Agency</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Acquiring Excess</HD>
                <SECTION>
                  <SECTNO>§ 102-36.60</SECTNO>
                  <SUBJECT>Who is eligible to acquire excess personal property as authorized by the Property Act?</SUBJECT>
                  <P>The following are eligible to acquire excess personal property:</P>
                  <P>(a) Federal agencies (for their own use or use by their authorized contractors, cooperatives, and project grantees).</P>
                  <P>(b) The Senate.</P>
                  <P>(c) The House of Representatives.</P>
                  <P>(d) The Architect of the Capitol and any activities under his direction.</P>
                  <P>(e) The DC Government.</P>
                  <P>(f) Mixed-ownership Government corporations as defined in 31 U.S.C. 9101.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.65</SECTNO>
                  <SUBJECT>Why must we use excess personal property instead of buying new property?</SUBJECT>

                  <P>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 <PRTPAGE P="35"/>FEDS 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.70</SECTNO>
                  <SUBJECT>What must we consider when acquiring excess personal property?</SUBJECT>
                  <P>Consider the following when acquiring excess personal property:</P>
                  <P>(a) There must be an authorized requirement.</P>
                  <P>(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.</P>
                  <P>(c) The sources of spare parts or repair/maintenance services to support the acquired item are readily accessible.</P>
                  <P>(d) The supply of excess parts acquired must not exceed the life expectancy of the equipment supported.</P>
                  <P>(e) The excess personal property will fulfill the required need with reasonable certainty without sacrificing mission or schedule.</P>
                  <P>(f) You must not acquire excess personal property with the intent to sell or trade for other assets.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.75</SECTNO>
                  <SUBJECT>Do we pay for excess personal property we acquire from another Federal agency under a transfer?</SUBJECT>
                  <P>(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.</P>

                  <P>(b) You may be required to reimburse the holding agency for excess personal property transferred to you (<E T="03">i.e.,</E> transfer with reimbursement) when:</P>
                  <P>(1) Reimbursement is directed by GSA.</P>
                  <P>(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.</P>
                  <P>(3) The property was acquired with appropriated funds, but reimbursement is required or authorized by law.</P>
                  <P>(4) You or the holding agency is the U.S. Postal Service (USPS).</P>
                  <P>(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.</P>
                  <P>(6) You or the holding agency is the DC Government.</P>
                  <P>(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).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.80</SECTNO>
                  <SUBJECT>How much do we pay for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <P>(a) You may be required to reimburse the holding agency the fair market value when the transfer involves any of the conditions in § 102-36.75(b)(1) through (b)(4).</P>
                  <P>(b) When acquiring excess personal property for your project grantees (§ 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 § 102-36.190.</P>

                  <P>(c) When you or the holding agency is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.75(b)(6) or (b)(7)), you are required to reimburse the holding agency using fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (<E T="03">i.e.,</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 <PRTPAGE P="36"/>GSA Personal Property Management office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.85</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Screening of Excess</HD>
                <SECTION>
                  <SECTNO>§ 102-36.90</SECTNO>
                  <SUBJECT>How do we find out what personal property is available as excess?</SUBJECT>
                  <P>You may use the following methods to find out what excess personal property is available:</P>
                  <P>(a) Check GSA's automated excess personal property system FEDS. For information on FEDS access http://pub.fss.gsa.gov/property/.</P>
                  <P>(b) Contact or submit want lists to regional GSA Personal Property Management offices.</P>
                  <P>(c) Check any available holding agency websites (see http://www.policyworks.gov/surplus for a list of Federal agency websites.).</P>
                  <P>(d) Conduct on-site screening at various Federal facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.95</SECTNO>
                  <SUBJECT>How long is excess personal property available for screening?</SUBJECT>
                  <P>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).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.100</SECTNO>
                  <SUBJECT>When does the screening period start for excess personal property?</SUBJECT>
                  <P>Screening starts when GSA receives the report of excess personal property (see § 102-36.230).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.105</SECTNO>
                  <SUBJECT>Who is authorized to screen and where do we go to screen excess personal property on-site?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.110</SECTNO>
                  <SUBJECT>Do we need authorization to screen excess personal property?</SUBJECT>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.115</SECTNO>
                  <SUBJECT>What information must we include in the authorization form for non-Federal persons to screen excess personal property?</SUBJECT>
                  <P>(a) For non-Federal persons to screen excess personal property, you must provide on the authorization form:</P>
                  <P>(1) The individual's name and the organization he/she represents;</P>
                  <P>(2) The period of time and location(s) in which screening will be conducted; and</P>
                  <P>(3) The number and completion date of the applicable contract, cooperative agreement, or grant.</P>
                  <P>(b) An authorized official of your agency must sign the authorization form.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.120</SECTNO>
                  <SUBJECT>What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?</SUBJECT>
                  <P>You must do the following:<PRTPAGE P="37"/>
                  </P>
                  <P>(a) Ensure that the non-Federal screener certifies that any and all property requested will be used for authorized official purpose(s).</P>
                  <P>(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.</P>
                  <P>(c) Retrieve any expired or invalid screener's authorization forms.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Processing Transfers</HD>
                <SECTION>
                  <SECTNO>§ 102-36.125</SECTNO>
                  <SUBJECT>How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?</SUBJECT>
                  <P>(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 (FEDS) or any other transfer form specified and approved by GSA.</P>
                  <P>(b) For the following types of property, you must submit the SF 122 to the corresponding GSA regions:</P>
                  <GPOTABLE CDEF="s40,xls30,r60" COLS="3" OPTS="L2,tp0,i1">
                    <BOXHD>
                      <CHED H="1">Type of property</CHED>
                      <CHED H="1">GSA region</CHED>
                      <CHED H="1">Location</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">Aircraft</ENT>
                      <ENT>9 FBP</ENT>
                      <ENT>San Francisco, CA 94102.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Firearms</ENT>
                      <ENT>7 FP-8</ENT>
                      <ENT>Denver, CO 80225.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Foreign Gifts</ENT>
                      <ENT>FBP</ENT>
                      <ENT>Washington, DC 20406.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Forfeited Property</ENT>
                      <ENT>3 FP</ENT>
                      <ENT>Washington, DC 20407.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Standard Forms</ENT>
                      <ENT>7 FMP</ENT>
                      <ENT>Ft. Worth, TX 76102.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Vessels, civilian</ENT>
                      <ENT>4 FD</ENT>
                      <ENT>Atlanta, GA 30365.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Vessels, DOD</ENT>
                      <ENT>3 FPD</ENT>
                      <ENT>Philadelphia, PA 19107.</ENT>
                    </ROW>
                  </GPOTABLE>
                  <CITA>[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000]</CITA>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.130</SECTNO>
                  <SUBJECT>What are our responsibilities in processing transfer orders of excess personal property?</SUBJECT>
                  <P>Whether the excess is for your use or for use by a non-Federal recipient that you sponsor, you must:</P>
                  <P>(a) Ensure that only authorized Federal officials of your agency sign the SF 122 prior to submission to GSA for approval.</P>
                  <P>(b) Ensure that excess personal property approved for transfer is used for authorized official purpose(s).</P>
                  <P>(c) Advise GSA of names of agency officials that are authorized to approve SF 122s, and notify GSA of any changes in signatory authority.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.135</SECTNO>
                  <SUBJECT>How much time do we have to pick up excess personal property that has been approved for transfer?</SUBJECT>
                  <P>When the holding agency notifies you that the property is ready for removal, you normally have 15 calendar days to pick up the property, unless otherwise coordinated with the holding agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.140</SECTNO>
                  <SUBJECT>May we arrange to have the excess personal property shipped to its final destination?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Direct Transfers</HD>
                <SECTION>
                  <SECTNO>§ 102-36.145</SECTNO>
                  <SUBJECT>May we obtain excess personal property directly from another Federal agency without GSA approval?</SUBJECT>
                  <P>Yes, but only under the following situations:</P>
                  <P>(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.</P>

                  <P>(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, <PRTPAGE P="38"/>and provide a copy of the SF 122 to GSA within 10 workdays from the date of transaction.</P>
                  <P>(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 § 102-36.75(b) applies.</P>
                  <P>(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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Acquiring Excess Personal Property for Non-Federal Recipients</HD>
              <SECTION>
                <SECTNO>§ 102-36.150</SECTNO>
                <SUBJECT>For which non-Federal activities may we acquire excess personal property?</SUBJECT>
                <P>Under the Property Act you may acquire and furnish excess personal property for use by your nonappropriated 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.155</SECTNO>
                <SUBJECT>What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?</SUBJECT>
                <P>When acquiring excess personal property for use by a non-Federal recipient, your authorized agency official must:</P>
                <P>(a) Ensure the use of excess personal property by the non-Federal recipient is authorized and complies with applicable Federal regulations and agency guidelines.</P>
                <P>(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.</P>
                <P>(c) Review and approve transfer documents for excess personal property as the sponsoring Federal agency.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(f) Establish provisions and procedures for property accountability and disposition in situations when the Government retains title.</P>
                <P>(g) Report annually to GSA excess personal property furnished to non-Federal recipients during the year (see § 102-36.295).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.160</SECTNO>
                <SUBJECT>What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Nonappropriated Fund Activities</HD>
                <SECTION>
                  <SECTNO>§ 102-36.165</SECTNO>
                  <SUBJECT>Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?</SUBJECT>
                  <P>Yes, title to excess personal property furnished to a nonappropriated fund activity remains with the Federal Government and you are accountable for establishing controls over the use of such excess property in accordance with § 102-36.45(d). When such property is no longer required by the nonappropriated fund activity, you must reuse or dispose of the property in accordance with this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.170</SECTNO>
                  <SUBJECT>May we transfer personal property owned by one of our nonappropriated fund activities?</SUBJECT>

                  <P>Property purchased by a nonappropriated fund activity is not Federal property. A nonappropriated fund activity has the option of making its <PRTPAGE P="39"/>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.</P>
                  <CITA>[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Contractors</HD>
                <SECTION>
                  <SECTNO>§ 102-36.175</SECTNO>
                  <SUBJECT>Are there restrictions to acquiring excess personal property for use by our contractors?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Cooperatives</HD>
                <SECTION>
                  <SECTNO>§ 102-36.180</SECTNO>
                  <SUBJECT>Is there any limitation/condition to acquiring excess personal property for use by cooperatives?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Project Grantees</HD>
                <SECTION>
                  <SECTNO>§ 102-36.185</SECTNO>
                  <SUBJECT>What are the requirements for acquiring excess personal property for use by our grantees?</SUBJECT>
                  <P>You may furnish excess personal property for use by your grantees only when:</P>
                  <P>(a) The grantee holds a Federally sponsored project grant;</P>
                  <P>(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);</P>
                  <P>(c) The property is for use in connection with the grant; and</P>
                  <P>(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 § 102-36.190. Title to property vests in the grantee when your agency pays 25 percent of the original acquisition cost.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.190</SECTNO>
                  <SUBJECT>Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?</SUBJECT>
                  <P>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:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(c) The property is furnished by the U.S. Department of Agriculture to 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.</P>
                  <P>(d) The property is not needed for donation under part 101-44 of this title, 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.)</P>

                  <P>(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 <PRTPAGE P="40"/>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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.195</SECTNO>
                  <SUBJECT>What type of excess personal property may we furnish to our project grantees?</SUBJECT>

                  <P>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 T="03">e.g.</E>, drugs, medicines, surgical dressings, cleaning and preserving materials, and fuels.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.200</SECTNO>
                  <SUBJECT>May we acquire excess personal property for cannibalization purposes by the grantees?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.205</SECTNO>
                  <SUBJECT>Is there a limit to how much excess personal property we may furnish to our grantees?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Disposition of Excess Personal Property</HD>
              <SECTION>
                <SECTNO>§ 102-36.210</SECTNO>
                <SUBJECT>Why must we report excess personal property to GSA?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Reporting Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.215</SECTNO>
                  <SUBJECT>How do we report excess personal property?</SUBJECT>
                  <P>Report excess personal property as follows:</P>
                  <P>(a) Electronically submit the data elements required on the Standard Form 120 (SF 120), Report of Excess Personal Property, in a format specified and approved by GSA; or</P>
                  <P>(b) Submit a paper SF 120 to the regional GSA Personal Property Management office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.220</SECTNO>
                  <SUBJECT>Must we report all excess personal property to GSA?</SUBJECT>
                  <P>(a) Generally yes, regardless of the condition code, except as authorized in § 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.</P>
                  <P>(b) You are not required to report the following types of excess personal property to GSA for screening:</P>
                  <P>(1) Property determined appropriate for abandonment/destruction (see § 102-36.305).</P>

                  <P>(2) Nonappropriated fund property (see § 102-36.165).<PRTPAGE P="41"/>
                  </P>
                  <P>(3) Foreign excess personal property (see § 102-36.380).</P>
                  <P>(4) Scrap, except aircraft in scrap condition.</P>
                  <P>(5) Perishables, defined for the purposes of this section as any personal property subject to spoilage or decay.</P>
                  <P>(6) Trading stamps and bonus goods.</P>
                  <P>(7) Hazardous waste.</P>
                  <P>(8) Controlled substances.</P>
                  <P>(9) Nuclear Regulatory Commission-controlled materials.</P>
                  <P>(10) Property dangerous to public health and safety.</P>
                  <P>(11) Classified items or property determined to be sensitive for reasons of national security.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.225</SECTNO>
                  <SUBJECT>Must we report excess related personal property?</SUBJECT>
                  <P>Yes, you must report excess related personal property to the Office of Real Property, GSA, in accordance with part 101-47 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.230</SECTNO>
                  <SUBJECT>Where do we send the reports of excess personal property?</SUBJECT>
                  <P>(a) You must direct electronic submissions of excess personal property to the Federal Disposal System (FEDS) maintained by the Property Management Division (FBP), GSA, Washington, DC 20406.</P>
                  <P>(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 § 102-36.125(b), forward the SF 120 to the corresponding regions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.235</SECTNO>
                  <SUBJECT>What information do we provide when reporting excess personal property?</SUBJECT>
                  <P>(a) You must provide the following data on excess personal property:</P>
                  <P>(1) The reporting agency and the property location.</P>
                  <P>(2) A report number (6-digit activity address code and 4-digit Julian date).</P>
                  <P>(3) 4-digit Federal Supply Class (use National Stock Number whenever available).</P>
                  <P>(4) Description of item, in sufficient detail.</P>
                  <P>(5) Quantity and unit of issue.</P>
                  <P>(6) Disposal Condition Code (see § 102-36.240).</P>
                  <P>(7) Original acquisition cost per unit and total cost (use estimate if original cost not available).</P>
                  <P>(8) Manufacturer, date of manufacture, part and serial number, when required by GSA.</P>
                  <P>(b) In addition, provide the following information on your report of excess, when applicable:</P>
                  <P>(1) Major parts/components that are missing.</P>
                  <P>(2) If repairs are needed, the type of repairs.</P>
                  <P>(3) Special requirements for handling, storage, or transportation.</P>
                  <P>(4) The required date of removal due to moving or space restrictions.</P>
                  <P>(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.</P>
                  <P>(6) If you will conduct the sale of personal property that is not transferred or donated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.240</SECTNO>
                  <SUBJECT>What are the disposal condition codes?</SUBJECT>
                  <P>The disposal condition codes are contained in the following table:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">Disposal condition code</CHED>
                      <CHED H="1">Definition</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">1</ENT>
                      <ENT>New. Property which is in new condition or unused condition and can be used immediately without modifications or repairs.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">4</ENT>
                      <ENT>Usable. Property which shows some wear, but can be used without significant repair.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">7</ENT>
                      <ENT>Repairable. Property which is unusable in its current condition but can be economically repaired.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">X</ENT>
                      <ENT>Salvage. Property which has value in excess of its basic material content, but repair or rehabilitation is impractical and/or uneconomical.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">S</ENT>
                      <ENT>Scrap. Property which has no value except for its basic material content.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="42"/>
                <HD SOURCE="HED">Disposing of Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.245</SECTNO>
                  <SUBJECT>Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.250</SECTNO>
                  <SUBJECT>Does GSA ever take physical custody of excess personal property?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.255</SECTNO>
                  <SUBJECT>What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.260</SECTNO>
                  <SUBJECT>How do we promote the expeditious transfer of excess personal property?</SUBJECT>
                  <P>For expeditious transfer of excess personal property you should:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(c) Advise the designated recipient of any special requirements for dismantling, shipping/transportation.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.265</SECTNO>
                  <SUBJECT>What if there are competing requests for the same excess personal property?</SUBJECT>
                  <P>(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.</P>
                  <P>(b) Requests for property for the purpose of cannibalization will normally be subordinate to requests for use of the property in its existing form.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.270</SECTNO>
                  <SUBJECT>What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.275</SECTNO>
                  <SUBJECT>May we dispose of excess personal property without GSA approval?</SUBJECT>
                  <P>No, you may not dispose of excess personal property without GSA approval except under the following limited situations:</P>

                  <P>(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 § 102-36.145.<PRTPAGE P="43"/>
                  </P>
                  <P>(b) You may dispose of excess personal property that is not required to be reported to GSA (see § 102-36.220(b)).</P>
                  <P>(c) You may dispose of excess personal property without going through GSA when such disposal is authorized by law.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.280</SECTNO>
                  <SUBJECT>May we withdraw from the disposal process excess personal property that we have reported to GSA?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transfers With Reimbursement</HD>
                <SECTION>
                  <SECTNO>§ 102-36.285</SECTNO>
                  <SUBJECT>May we charge for personal property transferred to another Federal agency?</SUBJECT>
                  <P>(a) When any one of the following conditions applies, you may require and retain reimbursement for the excess personal property from the recipient:</P>
                  <P>(1) Your agency has the statutory authority to require and retain reimbursement for the property.</P>
                  <P>(2) You are transferring the property under the exchange/sale authority.</P>
                  <P>(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.</P>
                  <P>(4) You or the recipient is the U.S. Postal Service.</P>
                  <P>(5) You or the recipient is the DC Government.</P>
                  <P>(6) You or the recipient is a wholly owned or mixed-ownership Government corporation.</P>
                  <P>(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.</P>
                  <P>(c) You may not charge for overhead or administrative expenses or the costs for care and handling of the property pending disposition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.290</SECTNO>
                  <SUBJECT>How much do we charge for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <P>(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 § 102-36.285(a)(1) through (a)(4).</P>

                  <P>(b) When you or the recipient is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 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 (<E T="03">i.e.,</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 GSA Personal Property Management office.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Report of Disposal Activity</HD>
                <SECTION>
                  <SECTNO>§ 102-36.295</SECTNO>
                  <SUBJECT>Is there any reporting requirement on the disposition of excess personal property?</SUBJECT>
                  <P>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. GSA will subsequently submit a summary of these Non-Federal Recipients Reports to Congress.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.300</SECTNO>
                  <SUBJECT>How do we report the furnishing of personal property to non-Federal recipients?</SUBJECT>

                  <P>(a) Submit your annual report of personal property furnished to non-Federal recipients, in letter form, to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW, Washington, DC 20405, within 90 calendar days after the close of each fiscal <PRTPAGE P="44"/>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, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. Negative reports are required.</P>
                  <P>(b) The report (interagency report control number 0154—GSA—AN) must reference this part and contain the following:</P>
                  <P>(1) Names of the non-Federal recipients.</P>
                  <P>(2) Status of the recipients (contractor, cooperative, project grantee, etc.).</P>
                  <P>(3) Total original acquisition cost of excess personal property furnished to each type of recipient, by type of property (two-digit FSC groups).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Abandonment/Destruction</HD>
                <SECTION>
                  <SECTNO>§ 102-36.305</SECTNO>
                  <SUBJECT>May we abandon or destroy excess personal property without reporting it to GSA?</SUBJECT>
                  <P>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).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.310</SECTNO>
                  <SUBJECT>Who makes the determination to abandon or destroy excess personal property?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.315</SECTNO>
                  <SUBJECT>Are there any restrictions to the use of the abandonment/destruction authority?</SUBJECT>
                  <P>Yes, the following restrictions apply:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.320</SECTNO>
                  <SUBJECT>May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?</SUBJECT>
                  <P>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 interest from an eligible non-profit organization (see part 101-44 of this title) 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 101-44 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.325</SECTNO>
                  <SUBJECT>What must be done before the abandonment/destruction of excess personal property?</SUBJECT>
                  <P>Except as provided in § 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 101-45 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.330</SECTNO>
                  <SUBJECT>Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?</SUBJECT>
                  <P>Yes, you are not required to provide public notice when:</P>

                  <P>(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;<PRTPAGE P="45"/>
                  </P>
                  <P>(b) Abandonment or destruction is required because of health, safety, or security reasons; or</P>
                  <P>(c) When the original acquisition cost of the item (estimated if unknown) is less than $500.</P>
                  <CITA>[65 FR 31218, May 16, 2000, as amended at 65 FR 34983, June 1, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Personal Property Whose Disposal Requires Special Handling</HD>
              <SECTION>
                <SECTNO>§ 102-36.335</SECTNO>
                <SUBJECT>Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?</SUBJECT>
                <P>Yes, you must comply with the additional provisions in this subpart when disposing of the types of personal property listed in this subpart.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Aircraft and Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-36.340</SECTNO>
                  <SUBJECT>What must we do when disposing of excess aircraft?</SUBJECT>
                  <P>(a) You must report to GSA all excess aircraft, regardless of condition or dollar value, and provide the following information on the SF 120:</P>
                  <P>(1) Manufacturer, date of manufacture, model, serial number.</P>
                  <P>(2) Major components missing from the aircraft (such as engines, electronics).</P>
                  <P>(3) Whether or not the:</P>
                  <P>(i) Aircraft is operational;</P>
                  <P>(ii) Dataplate is available;</P>
                  <P>(iii) Historical and maintenance records are available;</P>
                  <P>(iv) Aircraft has been previously certificated by the Federal Aviation Administration (FAA) and/or has been maintained to FAA airworthiness standards;</P>

                  <P>(v) Aircraft was previously used for non-flight purposes (<E T="03">i.e.,</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.</P>
                  <P>(4) For military aircraft, indicate Category A, B, or C as designated by DOD, as follows:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">Category of aircraft</CHED>
                      <CHED H="1">Description</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">A</ENT>
                      <ENT>Aircraft authorized for sale and exchange for commercial use.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">B</ENT>
                      <ENT>Aircraft previously used for ground instruction and/or static display.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">C</ENT>
                      <ENT>Aircraft that are combat configured as determined by DOD.</ENT>
                    </ROW>
                  </GPOTABLE>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-36.340(a)(4):</HD>

                    <P>For additional information on military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-M, accessible at <E T="03">www.drms.dla.mil</E> under Publications.</P>
                  </NOTE>
                  <P>(b) When the designated transfer or donation recipient's intended use is for non-flight purposes, you must remove and return the dataplate to GSA Property Management Branch, San Francisco, California prior to releasing the aircraft to the authorized recipient. GSA will forward the dataplates to FAA.</P>
                  <P>(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 Aircraft Management Policy Division (MTA), GSA, 1800 F Street, NW, Washington, DC 20405. For additional instructions on reporting to FAIRS see part 101-37 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.345</SECTNO>
                  <SUBJECT>May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <P>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 101-37, subpart 101-37.6, of this title. 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.350</SECTNO>
                  <SUBJECT>How do we identify a FSCAP?</SUBJECT>

                  <P>Any aircraft part designated as FSCAP is assigned an alpha Criticality <PRTPAGE P="46"/>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.355</SECTNO>
                  <SUBJECT>What are the FSCAP Criticality Codes?</SUBJECT>
                  <P>The FSCAP Criticality Codes are contained in the following table:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">FSCAP code</CHED>
                      <CHED H="1">Description</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">E</ENT>
                      <ENT>FSCAP specially designed to be or selected as being nuclear hardened.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">F</ENT>
                      <ENT>Flight Safety Critical Aircraft Part.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.360</SECTNO>
                  <SUBJECT>How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?</SUBJECT>
                  <P>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 101-37 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Canines, Law Enforcement</HD>
                <SECTION>
                  <SECTNO>§ 102-36.365</SECTNO>
                  <SUBJECT>May we transfer or donate canines that have been used in the performance of law enforcement duties?</SUBJECT>
                  <P>Yes, under Public Law 105-27 (111 Stat. 244), 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disaster Relief Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.370</SECTNO>
                  <SUBJECT>Are there special requirements concerning the use of excess personal property for disaster relief?</SUBJECT>
                  <P>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 (Disaster Relief Act of 1974 (Public Law 93-288 (42 U.S.C. 5121)) and Executive Orders 11795 (3 CFR, 1971-1975 Comp., p. 887) and 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Firearms</HD>
                <SECTION>
                  <SECTNO>§ 102-36.375</SECTNO>
                  <SUBJECT>May we dispose of excess firearms?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="47"/>
                <HD SOURCE="HED">Foreign Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.380</SECTNO>
                  <SUBJECT>Who is responsible for disposing of foreign excess personal property?</SUBJECT>
                  <P>Your agency is responsible for disposing of your foreign excess personal property, as provided by title IV of the Property Act.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.385</SECTNO>
                  <SUBJECT>What are our responsibilities in the disposal of foreign excess personal property?</SUBJECT>
                  <P>When disposing of foreign excess personal property you must:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(d) Inform the U.S. State Department of any disposal of property to any foreign governments or entities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.390</SECTNO>
                  <SUBJECT>How may we dispose of foreign excess personal property?</SUBJECT>
                  <P>To dispose of foreign excess personal property, you may:</P>
                  <P>(a) Offer the property for re-use by U.S. Federal agencies overseas;</P>
                  <P>(b) Return the property to the U.S. for re-use by eligible recipients;</P>
                  <P>(c) Sell, exchange, lease, or transfer such property for cash, credit, or other property;</P>
                  <P>(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</P>
                  <P>(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 sec. 402(a) of the Property Act. Abandonment, destruction or donation actions must also comply with the laws of the country in which the property is located.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.395</SECTNO>
                  <SUBJECT>How may GSA assist us in disposing of foreign excess personal property?</SUBJECT>
                  <P>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 States for transfer or donation purposes.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.400</SECTNO>
                  <SUBJECT>Who pays for the transportation costs when foreign excess personal property is returned to the United States?</SUBJECT>
                  <P>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 Sections 202 and 203 of the Property Act, the receiving agency is responsible for all direct costs involved in the transfer, which include packing, handling, crating, and transportation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Gifts</HD>
                <SECTION>
                  <SECTNO>§ 102-36.405</SECTNO>
                  <SUBJECT>May we keep gifts given to us from the public?</SUBJECT>
                  <P>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 101-49 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.410</SECTNO>
                  <SUBJECT>How do we dispose of a gift in the form of money or intangible personal property?</SUBJECT>
                  <P>Report intangible personal property to GSA, Personal Property Management Division (FBP), Washington, D.C. 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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="48"/>
                  <SECTNO>§ 102-36.415</SECTNO>
                  <SUBJECT>How do we dispose of gifts other than intangible personal property?</SUBJECT>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.420</SECTNO>
                  <SUBJECT>How do we dispose of gifts from foreign governments or entities?</SUBJECT>
                  <P>Report foreign gifts on a SF 120 to GSA, Personal Property Management Division (FBP), Washington, DC 20406, for possible use by your agency, or for transfer, donation or sale in accordance with the provisions of part 101-49 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Hazardous Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.425</SECTNO>
                  <SUBJECT>May we dispose of excess hazardous personal property?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Munitions List Items/Commerce Control List Items (MLIs/CCLIs)</HD>
                <SECTION>
                  <SECTNO>§ 102-36.430</SECTNO>
                  <SUBJECT>May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.435</SECTNO>
                  <SUBJECT>How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Printing Equipment and Supplies</HD>
                <SECTION>
                  <SECTNO>§ 102-36.440</SECTNO>
                  <SUBJECT>Are there special procedures for reporting excess printing and binding equipment and supplies?</SUBJECT>
                  <P>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, North Capitol and H Streets, NW, Washington, DC 20401. If GPO has no requirement for the property, you must then submit the report to GSA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="49"/>
                <HD SOURCE="HED">Red Cross Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.445</SECTNO>
                  <SUBJECT>Do we report excess personal property originally acquired from or through the American National Red Cross?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Shelf-Life Items</HD>
                <SECTION>
                  <SECTNO>§ 102-36.450</SECTNO>
                  <SUBJECT>Do we report excess shelf-life items?</SUBJECT>
                  <P>(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.</P>
                  <P>(b) You need not report expired shelf-life items. You may dispose of property with expired shelf-life by abandonment/destruction in accordance with § 102-36.305 and in compliance with Federal, State, and local waste disposal and air and water pollution control standards.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.455</SECTNO>
                  <SUBJECT>How do we report excess shelf-life items?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.460</SECTNO>
                  <SUBJECT>Do we report excess medical shelf-life items held for national emergency purposes?</SUBJECT>
                  <P>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 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.465</SECTNO>
                  <SUBJECT>May we transfer or exchange excess medical shelf-life items with other Federal agencies?</SUBJECT>
                  <P>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 101-46 of this title. 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Vessels</HD>
                <SECTION>
                  <SECTNO>§ 102-36.470</SECTNO>
                  <SUBJECT>What must we do when disposing of excess vessels?</SUBJECT>
                  <P>(a) When you dispose of excess vessels you must indicate on the SF 120 the following information:</P>
                  <P>(1) Whether the vessel has been inspected by the Coast Guard.</P>
                  <P>(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.</P>
                  <P>(3) Whether hazardous materials clean-up is required, and when it will be accomplished by your agency.</P>
                  <P>(b) In accordance with section 203(i) of the Property Act, 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.</P>
                  <P>(c) Disposal instructions regarding vessels in this part do not apply to battleships, cruisers, aircraft carriers, destroyers, and submarines.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="50"/>
              <HD SOURCE="HED">Subpart F—Miscellaneous Disposition</HD>
              <SECTION>
                <SECTNO>§ 102-36.475</SECTNO>
                <SUBJECT>What is the authority for transfers under “Computers for Learning”?</SUBJECT>
                <P>(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 non-profit organizations.</P>
                <P>(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 § 102-36.295) to GSA.</P>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-37—102-70 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="51"/>
          <HD SOURCE="HED">SUBCHAPTER C—REAL PROPERTY</HD>
          <PART>
            <RESERVED>PART 102-71—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-72—DELEGATION OF AUTHORITY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-73—REAL ESTATE ACQUISITION [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-74—FACILITY MANAGEMENT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-75—DISPOSITION OF REAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-76—DESIGN AND CONSTRUCTION [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-77—ART-IN-ARCHITECTURE [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-78—HISTORIC PRESERVATION [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-79—ASSIGNMENT AND UTILIZATION OF SPACE [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-80—SAFETY AND ENVIRONMENTAL MANAGEMENT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-81—SECURITY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-82—UTILITY SERVICES [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-83—CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PARTS 102-84—ANNUAL REAL PROPERTY INVENTORIES [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-85—102-115 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="52"/>
          <HD SOURCE="HED">SUBCHAPTER D—TRANSPORTATION</HD>
          <PART>
            <RESERVED>PART 102-116—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-117—TRANSPORTATION MANAGEMENT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-118</EAR>
            <HD SOURCE="HED">PART 102-118—TRANSPORTATION PAYMENT AND AUDIT</HD>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Introduction</HD>
              </SUBJGRP>
            </SUBPART>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-118.5</SECTNO>
              <SUBJECT>What is the purpose of this part?</SUBJECT>
              <SECTNO>102-118.10</SECTNO>
              <SUBJECT>What is a transportation audit?</SUBJECT>
              <SECTNO>102-118.15</SECTNO>
              <SUBJECT>What is a transportation payment?</SUBJECT>
              <SECTNO>102-118.20</SECTNO>
              <SUBJECT>Who is subject to this part?</SUBJECT>
              <SECTNO>102-118.25</SECTNO>
              <SUBJECT>Does GSA still require my agency to submit its overall transportation policies for approval?</SUBJECT>
              <SECTNO>102-118.30</SECTNO>
              <SUBJECT>Are Government corporations bound by this part?</SUBJECT>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTNO>102-118.35</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
              </SUBJGRP>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Ordering and Paying for Transportation and Transportation Services</HD>
                <SECTNO>102-118.40</SECTNO>
                <SUBJECT>How does my agency order transportation and transportation services?</SUBJECT>
                <SECTNO>102-118.45</SECTNO>
                <SUBJECT>How does a transportation service provider (TSP) bill my agency for transportation and transportation services?</SUBJECT>
                <SECTNO>102-118.50</SECTNO>
                <SUBJECT>How does my agency pay for transportation services?</SUBJECT>
                <SECTNO>102-118.55</SECTNO>
                <SUBJECT>What administrative procedures must my agency establish for payment of freight, household goods, or other transportation services?</SUBJECT>
                <SECTNO>102-118.60</SECTNO>
                <SUBJECT>To what extent must my agency use electronic commerce?</SUBJECT>
                <SECTNO>102-118.65</SECTNO>
                <SUBJECT>Can my agency receive electronic billing for payment of transportation services?</SUBJECT>
                <SECTNO>102-118.70</SECTNO>
                <SUBJECT>Must my agency make all payments via electronic funds transfer?</SUBJECT>
                <SECTNO>102-118.75</SECTNO>
                <SUBJECT>What if my agency or the TSP does not have an account with a financial institution or approved payment agent?</SUBJECT>
                <SECTNO>102-118.80</SECTNO>
                <SUBJECT>Who is responsible for keeping my agency's electronic commerce transportation billing records?</SUBJECT>
                <SECTNO>102-118.85</SECTNO>
                <SUBJECT>Can my agency use a Government contractor issued charge card to pay for transportation services?</SUBJECT>
                <SECTNO>102-118.90</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <SECTNO>102-118.95</SECTNO>
                <SUBJECT>What forms can my agency use to pay transportation bills?</SUBJECT>
                <SECTNO>102-118.100</SECTNO>
                <SUBJECT>What must my agency ensure is on each SF 1113?</SUBJECT>
                <SECTNO>102-118.105</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Bill of Lading?</SUBJECT>
                <SECTNO>102-118.110</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Transportation Request?</SUBJECT>
                <SECTNO>102-118.115</SECTNO>
                <SUBJECT>Must my agency use a GBL?</SUBJECT>
                <SECTNO>102-118.120</SECTNO>
                <SUBJECT>Must my agency use a GTR?</SUBJECT>
                <SECTNO>102-118.125</SECTNO>
                <SUBJECT>What if my agency uses a TD other than a GBL?</SUBJECT>
                <SECTNO>102-118.130</SECTNO>
                <SUBJECT>Must my agency use a GBL for express, courier, or small package shipments?</SUBJECT>
                <SECTNO>102-118.135</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of bills of lading?</SUBJECT>
                <SECTNO>102-118.140</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of GBLs and bills of lading?</SUBJECT>
                <SECTNO>102-118.145</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <SECTNO>102-118.150</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <SECTNO>102-118.155</SECTNO>
                <SUBJECT>How does my agency handle supplemental billings from the TSP after payment of the original bill?</SUBJECT>
                <SECTNO>102-118.160</SECTNO>
                <SUBJECT>Who is liable if my agency makes an overpayment on a transportation bill?</SUBJECT>
                <SECTNO>102-118.165</SECTNO>
                <SUBJECT>What must my agency do if it finds an error on a TSP bill?</SUBJECT>
                <SECTNO>102-118.170</SECTNO>
                <SUBJECT>Will GSA continue to maintain a centralized numbering system for Government transportation documents?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Use of Government Billing Documents</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Terms and Conditions Governing Acceptance and Use of a Government Bill of Lading (GBL) or Government Transportation Request (GTR) (Until Form Retirement)</HD>
                  <SECTNO>102-118.175</SECTNO>
                  <SUBJECT>Must my agency prepare for the GBL retirement?</SUBJECT>
                  <SECTNO>102-118.180</SECTNO>
                  <SUBJECT>Must my agency prepare for the GTR retirement?</SUBJECT>
                  <SECTNO>102-118.185</SECTNO>

                  <SUBJECT>When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including GBLs)?<PRTPAGE P="53"/>
                  </SUBJECT>
                  <SECTNO>102-118.190</SECTNO>
                  <SUBJECT>When buying passenger transportation, must my agency reference the applicable contract?</SUBJECT>
                  <SECTNO>102-118.195</SECTNO>
                  <SUBJECT>What documents must a transportation service provider (TSP) send to receive payment for a transportation billing?</SUBJECT>
                  <SECTNO>102-118.200</SECTNO>
                  <SUBJECT>Can a TSP demand advance payment for the transportation charges submitted on a bill of lading(including GBL)?</SUBJECT>
                  <SECTNO>102-118.205</SECTNO>
                  <SUBJECT>May my agency pay an agent functioning as a warehouseman for the TSP providing service under the bill of lading?</SUBJECT>
                  <SECTNO>102-118.210</SECTNO>
                  <SUBJECT>May my agency use bills of lading other than the GBL for a transportation shipment?</SUBJECT>
                  <SECTNO>102-118.215</SECTNO>
                  <SUBJECT>May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR?</SUBJECT>
                  <SECTNO>102-118.220</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <SECTNO>102-118.225</SECTNO>
                  <SUBJECT>What constitutes final receipt of shipment?</SUBJECT>
                  <SECTNO>102-118.230</SECTNO>
                  <SUBJECT>What if my agency creates or eliminates a field office approved to prepare transportation documents?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Agency Responsibilities When Using Government Bills of Lading (GBLs) or Government Transportation Requests (GTRs)</HD>
                  <SECTNO>102-118.235</SECTNO>
                  <SUBJECT>Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?</SUBJECT>
                  <SECTNO>102-118.240</SECTNO>
                  <SUBJECT>How does my agency get GBL and GTR forms?</SUBJECT>
                  <SECTNO>102-118.245</SECTNO>
                  <SUBJECT>How does my agency get an assigned set of GBL or GTR numbers?</SUBJECT>
                  <SECTNO>102-118.250</SECTNO>
                  <SUBJECT>Who is accountable for the issuance and use of GBL and GTR forms?</SUBJECT>
                  <SECTNO>102-118.255</SECTNO>
                  <SUBJECT>Are GBL and GTR forms numbered and used sequentially?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Quotations, Tenders or Contracts</HD>
                  <SECTNO>102-118.260</SECTNO>
                  <SUBJECT>Must my agency send all quotations, tenders, or contracts with a TSP to GSA?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Prepayment Audits of Transportation Services</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Agency Requirements for Prepayment Audits</HD>
                  <SECTNO>102-118.265</SECTNO>
                  <SUBJECT>What is a prepayment audit?</SUBJECT>
                  <SECTNO>102-118.270</SECTNO>
                  <SUBJECT>Must my agency establish a prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.275</SECTNO>
                  <SUBJECT>What must my agency consider when designing and implementing a prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.280</SECTNO>
                  <SUBJECT>What advantages does the prepayment audit offer my agency?</SUBJECT>
                  <SECTNO>102-118.285</SECTNO>
                  <SUBJECT>What options for performing a prepayment audit does my agency have?</SUBJECT>
                  <SECTNO>102-118.290</SECTNO>
                  <SUBJECT>Must every electronic and paper transportation bill undergo a prepayment audit?</SUBJECT>
                  <SECTNO>102-118.295</SECTNO>
                  <SUBJECT>What are the limited exceptions to every bill undergoing a prepayment audit?</SUBJECT>
                  <SECTNO>102-118.300</SECTNO>
                  <SUBJECT>How does my agency fund its prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.305</SECTNO>
                  <SUBJECT>Must my agency notify the TSP of any adjustment to the TSP's bill?</SUBJECT>
                  <SECTNO>102-118.310</SECTNO>
                  <SUBJECT>Must my agency prepayment audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed?</SUBJECT>
                  <SECTNO>102-118.315</SECTNO>
                  <SUBJECT>What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?</SUBJECT>
                  <SECTNO>102-118.320</SECTNO>
                  <SUBJECT>What information must be on transportation bills which have completed my agency's prepayment audit?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Maintaining an Approved Program</HD>
                  <SECTNO>102-118.325</SECTNO>
                  <SUBJECT>Must I get approval for my agency's prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.330</SECTNO>
                  <SUBJECT>What are the elements of an acceptable prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.335</SECTNO>
                  <SUBJECT>What does the GSA Audit Division consider when verifying an agency prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.340</SECTNO>
                  <SUBJECT>How does my agency contact the GSA AuditDivision?</SUBJECT>
                  <SECTNO>102-118.345</SECTNO>
                  <SUBJECT>If my agency chooses to change an approved prepayment audit program, does the program need to be re-approved?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Liability for Certifying and Disbursing Officers</HD>
                  <SECTNO>102-118.350</SECTNO>
                  <SUBJECT>Does establishing a prepayment audit system or program change the responsibilities of the certifying officers?</SUBJECT>
                  <SECTNO>102-118.355</SECTNO>
                  <SUBJECT>Does a prepayment audit waiver, change any liabilities of the certifying officer?</SUBJECT>
                  <SECTNO>102-118.360</SECTNO>
                  <SUBJECT>What relief from liability is available for the certifying official under a postpayment audit?</SUBJECT>
                  <SECTNO>102-118.365</SECTNO>
                  <SUBJECT>Do the requirements of a prepayment audit change the disbursing official's liability for overpayment?</SUBJECT>
                  <SECTNO>102-118.370</SECTNO>
                  <SUBJECT>Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Waivers From Mandatory Prepayment Audit</HD>
                  <SECTNO>102-118.375</SECTNO>
                  <SUBJECT>Who has the authority to grant a waiver of the prepayment audit requirement?</SUBJECT>
                  <SECTNO>102-118.380</SECTNO>
                  <SUBJECT>How does my agency apply for a waiver from the prepayment audit requirement?</SUBJECT>
                  <SECTNO>102-118.385</SECTNO>
                  <SUBJECT>What must a waiver request include?<PRTPAGE P="54"/>
                  </SUBJECT>
                  <SECTNO>102-118.390</SECTNO>
                  <SUBJECT>On what basis does GSA grant a waiver to the prepayment audit requirement?</SUBJECT>
                  <SECTNO>102-118.395</SECTNO>
                  <SUBJECT>How long will GSA take to respond to a waiver request?</SUBJECT>
                  <SECTNO>102-118.400</SECTNO>
                  <SUBJECT>Must my agency renew a waiver of the prepayment audit requirements?</SUBJECT>
                  <SECTNO>102-118.405</SECTNO>
                  <SUBJECT>Are my agency's prepayment audited transportation bills subject to periodic postpayment audit oversight from the GSA Audit Division?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Suspension of Agency Prepayment Audit Programs</HD>
                  <SECTNO>102-118.410</SECTNO>
                  <SUBJECT>Can GSA suspend my agency's prepayment audit program?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Postpayment Transportation Audits</HD>
                <SECTNO>102-118.415</SECTNO>
                <SUBJECT>Will the widespread mandatory use of prepayment audits eliminate postpayment audits?</SUBJECT>
                <SECTNO>102-118.420</SECTNO>
                <SUBJECT>Can the Administrator of General Services waive the postpayment auditing provisions of this subpart?</SUBJECT>
                <SECTNO>102-118.425</SECTNO>
                <SUBJECT>Is my agency allowed to perform a postpayment audit on our transportation bills?</SUBJECT>
                <SECTNO>102-118.430</SECTNO>
                <SUBJECT>What information must be on my agency's transportation bills submitted for a postpayment audit?</SUBJECT>
                <SECTNO>102-118.435</SECTNO>
                <SUBJECT>What procedures does GSA use to perform a postpayment audit?</SUBJECT>
                <SECTNO>102-118.440</SECTNO>
                <SUBJECT>What are the postpayment audit responsibilities and roles of the GSA Audit Division?</SUBJECT>
                <SECTNO>102-118.445</SECTNO>
                <SUBJECT>Must my agency pay for a postpayment audit when using the GSA Audit Division?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Claims and Appeal Procedures</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General Agency Information for All Claims</HD>
                  <SECTNO>102-118.450</SECTNO>
                  <SUBJECT>Can a TSP file a transportation claim against my agency?</SUBJECT>
                  <SECTNO>102-118.445</SECTNO>
                  <SUBJECT>What is the time limit for a TSP to file a transportation claim against my agency?</SUBJECT>
                  <SECTNO>102-118.460</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <SECTNO>102-118.465</SECTNO>
                  <SUBJECT>Must my agency pay interest on a disputed amount claimed by a TSP?</SUBJECT>
                  <SECTNO>102-118.470</SECTNO>
                  <SUBJECT>Are there statutory time limits for a TSP on filing an administrative claim with the GSA AuditDivision?</SUBJECT>
                  <SECTNO>102-118.475</SECTNO>
                  <SUBJECT>Does interest apply after certification of payment of claims?</SUBJECT>
                  <SECTNO>102-118.480</SECTNO>
                  <SUBJECT>How does my agency settle disputes with a TSP?</SUBJECT>
                  <SECTNO>102-118.485</SECTNO>
                  <SUBJECT>Is there a time limit for my agency to issue a decision on disputed claims?</SUBJECT>
                  <SECTNO>102-118.490</SECTNO>
                  <SUBJECT>What if my agency fails to settle a dispute within 30 days?</SUBJECT>
                  <SECTNO>102-118.495</SECTNO>
                  <SUBJECT>May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?</SUBJECT>
                  <SECTNO>102-118.500</SECTNO>
                  <SUBJECT>How does my agency handle a voluntary refund submitted by a TSP?</SUBJECT>
                  <SECTNO>102-118.505</SECTNO>
                  <SUBJECT>Must my agency send a voluntary refund to the Treasurer of the United States?</SUBJECT>
                  <SECTNO>102-118.510</SECTNO>
                  <SUBJECT>Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?</SUBJECT>
                  <SECTNO>102-118.515</SECTNO>
                  <SUBJECT>Does my agency have any recourse not to pay a Certificate of Settlement?</SUBJECT>
                  <SECTNO>102-118.520</SECTNO>
                  <SUBJECT>Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?</SUBJECT>
                  <SECTNO>102-118.525</SECTNO>
                  <SUBJECT>What are my agency's responsibilities for verifying the correct amount of transportation charges?</SUBJECT>
                  <SECTNO>102-118.530</SECTNO>
                  <SUBJECT>Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?</SUBJECT>
                  <SECTNO>102-118.535</SECTNO>
                  <SUBJECT>Are there principles governing my agency's TSP debt collection procedures?</SUBJECT>
                  <SECTNO>102-118.540</SECTNO>
                  <SUBJECT>Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) Filing Requirements</HD>
                  <SECTNO>102-118.545</SECTNO>
                  <SUBJECT>What information must a TSP claim include?</SUBJECT>
                  <SECTNO>102-118.550</SECTNO>
                  <SUBJECT>How does a TSP file an administrative claim using EDI or other electronic means?</SUBJECT>
                  <SECTNO>102-118.555</SECTNO>
                  <SUBJECT>Can a TSP file a supplemental administrative claim?</SUBJECT>
                  <SECTNO>102-118.560</SECTNO>
                  <SUBJECT>What is the required format that a TSP must use to file an administrative claim?</SUBJECT>
                  <SECTNO>102-118.565</SECTNO>
                  <SUBJECT>What documentation is required when filing an administrative claim?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits</HD>
                  <SECTNO>102-118.570</SECTNO>
                  <SUBJECT>If my agency denies the TSP's challenge to the Statement of Difference, may the TSP appeal?</SUBJECT>
                  <SECTNO>102-118.575</SECTNO>
                  <SUBJECT>If a TSP disagrees with the decision of my agency, can the TSP appeal?</SUBJECT>
                  <SECTNO>102-118.580</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>
                  <SECTNO>102-118.585</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSBCA?</SUBJECT>
                  <SECTNO>102-118 .590</SECTNO>

                  <SUBJECT>May my agency appeal a prepayment audit decision of the GSA Audit Division?<PRTPAGE P="55"/>
                  </SUBJECT>
                  <SECTNO>102-118.595</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision by the GSBCA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits</HD>
                  <SECTNO>102-118.600</SECTNO>
                  <SUBJECT>When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?</SUBJECT>
                  <SECTNO>102-118.605</SECTNO>
                  <SUBJECT>What if a TSP disagrees with the Notice of Indebtedness?</SUBJECT>
                  <SECTNO>102-118.610</SECTNO>
                  <SUBJECT>Is a TSP notified when GSA allows a claim?</SUBJECT>
                  <SECTNO>102-118.615</SECTNO>
                  <SUBJECT>Will GSA notify a TSP if they internally offset a payment?</SUBJECT>
                  <SECTNO>102-118.620</SECTNO>
                  <SUBJECT>How will a TSP know if the GSA Audit Division disallows a claim?</SUBJECT>
                  <SECTNO>102-118.625</SECTNO>
                  <SUBJECT>Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?</SUBJECT>
                  <SECTNO>102-118.630</SECTNO>
                  <SUBJECT>How must a TSP refund amounts due to GSA?</SUBJECT>
                  <SECTNO>102-118.635</SECTNO>
                  <SUBJECT>Can the Government charge interest on an amount due from a TSP?</SUBJECT>
                  <SECTNO>102-118.640</SECTNO>
                  <SUBJECT>If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?</SUBJECT>
                  <SECTNO>102-118.645</SECTNO>
                  <SUBJECT>Can a TSP file an administrative claim on collection actions?</SUBJECT>
                  <SECTNO>102-118.650</SECTNO>
                  <SUBJECT>Can a TSP request a review of a settlement action by the Administrator of General Services?</SUBJECT>
                  <SECTNO>102-118.655</SECTNO>
                  <SUBJECT>Are there time limits on a TSP request for an administrative review by the GSBCA?</SUBJECT>
                  <SECTNO>102-118.660</SECTNO>
                  <SUBJECT>May a TSP appeal a postpayment audit decision of the GSBCA?</SUBJECT>
                  <SECTNO>102-118.665</SECTNO>
                  <SUBJECT>May my agency appeal a postpayment audit decision by the GSBCA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) Non-Payment of a Claim</HD>
                  <SECTNO>102-118.670</SECTNO>
                  <SUBJECT>If a TSP cannot immediately pay a debt, can they make other arrangements for payment?</SUBJECT>
                  <SECTNO>102-118.675</SECTNO>
                  <SUBJECT>What recourse does my agency have if a TSP does not pay a transportation debt?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>31 U.S.C. 3726; and 40 U.S.C. 481, <E T="03">et seq.</E>
              </P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 24569, Apr. 26, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Introduction</HD>
                <SECTION>
                  <SECTNO>§ 102-118.5</SECTNO>
                  <SUBJECT>What is the purpose of this part?</SUBJECT>
                  <P>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 § 102-118.35 for the definition of TSP.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.10</SECTNO>
                  <SUBJECT>What is a transportation audit?</SUBJECT>
                  <P>A transportation audit is a thorough review and validation of transportation related bills. The audit must examine the validity, propriety, and conformity of the charges with tariffs, quotations, agreements, or tenders, as appropriate. Each agency must ensure that its internal transportation audit procedures prevent duplicate payments and only allow payment for authorized services, and that the TSP's bill is complete with required documentation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.15</SECTNO>
                  <SUBJECT>What is a transportation payment?</SUBJECT>
                  <P>A transportation payment is a payment made by an agency to a TSP for the movement of goods or people and/or transportation related services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.20</SECTNO>
                  <SUBJECT>Who is subject to this part?</SUBJECT>
                  <P>All agencies and TSPs defined in § 102-118.35 are subject to this part. Your agency is required to incorporate this part into its internal regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.25</SECTNO>
                  <SUBJECT>Does GSA still require my agency to submit its overall transportation policies for approval?</SUBJECT>
                  <P>GSA no longer requires your agency to submit its overall transportation policies for approval. However, as noted in § 102-118.325, agencies must submit their prepayment audit plans for approval. In addition, GSA may from time to time request to examine your agency's transportation policies to verify the correct performance of the prepayment audit of your agency's transportation bills.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.30</SECTNO>
                  <SUBJECT>Are Government corporations bound by this part?</SUBJECT>
                  <P>No, Government corporations are not bound by this part. However, they may choose to use it if they wish.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="56"/>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-118.35</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Agency</E> means Executive agency, but does not include:</P>
                  <P>(1) A Government Controlled Corporation;</P>
                  <P>(2) The Tennessee Valley Authority;</P>
                  <P>(3) The Virgin Islands Corporation;</P>
                  <P>(4) The Atomic Energy Commission;</P>
                  <P>(5) The Central Intelligence Agency;</P>
                  <P>(6) The Panama Canal Commission; and</P>
                  <P>(7) The National Security Agency, Department of Defense.</P>
                  <NOTE>
                    <HD SOURCE="HED">Note to the definition of Agency:</HD>
                    <P>All agencies' payments for transportation services are subject to the transportation audit provisions of section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726). </P>
                  </NOTE>
                  <P>
                    <E T="03">Agency claim</E> means any demand by an agency upon a TSP for the payment of overcharges, ordinary debts, fines, penalties, administrative fees, special charges, and interest.</P>
                  <P>
                    <E T="03">Bill of lading,</E> sometimes referred to as a commercial bill of lading (but includes GBLs), is the document used as a receipt of goods, and documentary evidence of title. It is also a contract of carriage when movement is under 49 U.S.C. 10721 and 49 U.S.C. 13712.</P>
                  <P>
                    <E T="03">Document reference number</E> means the unique number on a bill of lading, Government Bill of Lading, Government Transportation Request, or transportation ticket, used to track the movement of shipments and individuals.</P>
                  <P>
                    <E T="03">EDI signature</E> 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.</P>
                  <P>
                    <E T="03">Electronic commerce</E> 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.</P>
                  <P>
                    <E T="03">Electronic data interchange</E> 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.</P>
                  <P>
                    <E T="03">Electronic funds transfer</E> 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, and transfers made at automatic teller machines and point of sale terminals.</P>
                  <P>
                    <E T="03">Government Bill of Lading (GBL)</E> means Optional Forms 1103 and 1203, the transportation documents issued by GSA and used as a receipt of goods, evidence of title, and generally a contract of carriage.</P>
                  <P>
                    <E T="03">Government contractor-issued charge card</E> means both an individually billed travel card, which the individual is required to pay, and a centrally billed account for paying travel expenses, which the agency is required to pay.</P>
                  <P>
                    <E T="03">Government Transportation Request (GTR)</E> means OptionalForm 1169, the Government document used to buy transportation services. The document normally obligates the Government to pay for the transportation services provided.</P>
                  <P>
                    <E T="03">Offset</E> means agency use of money owed by the agency to a transportation service provider (TSP) to cover a previous debt incurred to the agency by the TSP.</P>
                  <P>
                    <E T="03">Ordinary debt</E> 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.</P>
                  <P>
                    <E T="03">Overcharge</E> means those charges for transportation and travel services that exceed those applicable under the contract for carriage. This also includes charges more than those applicable <PRTPAGE P="57"/>under rates, fares and charges established pursuant to section 13712 and 10721 of the RevisedInterstate Commerce Act, as amended (49 U.S.C. 13712 and 10721), or other equivalent contract, arrangement or exemption from regulation.</P>
                  <P>
                    <E T="03">Postpayment audit</E> means an audit of transportation billing documents after payment to decide their validity, propriety, and conformity with tariffs, quotations, agreements, or tenders. This process may also include subsequent adjustments and collections actions taken against a TSP by the Government.</P>
                  <P>
                    <E T="03">Prepayment audit</E> means an audit of transportation billing documents before payment to determine their validity, propriety, and conformity with tariffs, quotations, agreements, or tenders.</P>
                  <P>
                    <E T="03">Privately Owned Personal Property Government Bill of Lading,</E> Optional Form 1203, 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.</P>
                  <P>
                    <E T="03">Rate authority</E> 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, and other equivalent documents.</P>
                  <P>
                    <E T="03">Released value</E> is stated in dollars and is considered the assigned value of the cargo for reimbursement purposes, not necessarily the actual value of the cargo. Released value may be more or less than the actual value of the cargo. The released 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. In return, 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 on any applicable tariff, tender, contract, transportation document or other documents covering the shipment.</P>
                  <P>
                    <E T="03">Reparation</E> means the payment involving a TSP to or from an agency of an improper transportation billing as determined by a postpayment audit. Improper routing, overcharges, or duplicate payments may cause such improper billing. This is different from payments to settle a claim for loss and damage to items shipped under those rates.</P>
                  <P>
                    <E T="03">Standard carrier alpha code (SCAC)</E> means an unique four-letter code assigned to each TSP by the National Motor Freight Traffic Association, Inc.</P>
                  <P>
                    <E T="03">Statement of difference</E> 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.</P>
                  <P>
                    <E T="03">Statement of difference rebuttal</E> 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.</P>
                  <P>
                    <E T="03">Supplemental bill</E> means a bill for services that the TSP submits to the agency for additional payment after reimbursement for the original bill. The need to submit a supplemental bill may occur due to an incorrect first bill or due to charges which were not included on the original bill.</P>
                  <P>
                    <E T="03">Taxpayer identification number (TIN)</E> 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.</P>
                  <P>
                    <E T="03">Transportation document (TD)</E> means any executed agreement for transportation service, such as a bill of lading (including a Government Bill of Lading), a Government Transportation Request, or transportation ticket.</P>
                  <P>
                    <E T="03">Transportation service</E> means service involved in the physical movement <PRTPAGE P="58"/>(from one location to another) of products, people, household goods, and any other objects by a TSP for an agency as well as activities directly relating to or supporting that movement. Examples of this are storage, crating, or connecting appliances.</P>
                  <P>
                    <E T="03">Transportation service provider (TSP)</E> means any party, person, agent, or carrier that provides freight or passenger transportation and related services to an agency. For a freight shipment this would include packers, truckers, and storers. For passenger transportation this would include airlines, travel agents and travel management centers.</P>
                  <P>
                    <E T="03">Transportation service provider claim</E> means 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 they now believe they are owed; and any subsequent bills from the TSP resulting from a transaction that was pre- or postpayment audited by the GSA Audit Division.</P>
                  <P>
                    <E T="03">Virtual GBL (VGBL)</E> means the use of a unique GBL number on a commercial document, which binds the TSP to the terms and conditions of a GBL. 
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-118.35:</HD>
                    <P>49 U.S.C. 13102, <E T="03">et seq.</E>, defines additional transportation terms not listed in this section.</P>
                  </NOTE>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Ordering and Paying for Transportation and Transportation Services</HD>
              <SECTION>
                <SECTNO>§ 102-118.40</SECTNO>
                <SUBJECT>How does my agency order transportation and transportation services?</SUBJECT>
                <P>Your agency orders:</P>
                <P>(a) Transportation of freight and household goods and related transportation services (e.g., packing, storage) with a charge card, bill of lading, purchase order (or electronic equivalent), or for domestic shipments until September 30, 2001, a Government Bill of Lading (GBL). GBLs will continue to be available after that date, if needed, for international shipments (including domestic overseas shipments).</P>

                <P>(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,” obtainable from:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.45</SECTNO>
                <SUBJECT>How does a transportation service provider (TSP) bill my agency for transportation and transportation services?</SUBJECT>
                <P>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:</P>
                <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L4,p9,9/10,i1">
                  <TTITLE>
                    <E T="04">Transportation Service Provider Billing</E>
                  </TTITLE>
                  <BOXHD>
                    <CHED H="1">(a) Ordering method</CHED>
                    <CHED H="1">(b) Billing method</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">(1)(i) Government issued agency charge card,</ENT>
                    <ENT>(1) Bill from charge card company (may be electronic).</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22">(ii) Centrally billed travel account citation.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(2)(i) Purchase order,</ENT>
                    <ENT>(2) Bill from TSP (may be electronic).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(ii) Bill of lading,</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(iii) Government Bill of Lading,</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="59"/>
                    <ENT I="22">(iv) Government Transportation Request.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(3)(i) Contractor issued individual travel charge card</ENT>
                    <ENT>(3) Voucher from employee (may be electronic).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(ii) Personal charge card,</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(iii) Personal cash. </ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.50</SECTNO>
                <SUBJECT>How does my agency pay for transportation services?</SUBJECT>
                <P>Your agency may pay for transportation services in three ways:</P>
                <P>(a) <E T="03">Electronic funds transfer (EFT) (31 U.S.C. 3332, et seq.</E>). Your agency is required by statute to make all payments by EFT unless your agency receives a waiver from the Department of the Treasury.</P>
                <P>(b) <E T="03">Check.</E> 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.</P>
                <P>(c) <E T="03">Cash.</E> 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).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.55</SECTNO>
                <SUBJECT>What administrative procedures must my agency establish for payment of freight, household goods, or other transportation services?</SUBJECT>
                <P>Your agency must establish administrative procedures which assure that the following conditions are met:</P>
                <P>(a) The negotiated price is fair and reasonable;</P>
                <P>(b) A document of agreement signifying acceptance of the arrangements with terms and conditions is filed with the participating agency by the TSP;</P>
                <P>(c) The terms and conditions are included in all transportation agreements and referenced on all transportation documents (TDs);</P>
                <P>(d) Bills are only paid to the TSP providing service under the bill of lading to your agency and may not be waived;</P>
                <P>(e) All fees paid are accounted for in the aggregate delivery costs;</P>
                <P>(f) All payments are subject to applicable statutory limitations;</P>
                <P>(g) Procedures (such as an unique numbering system) are established to prevent and detect duplicate payments, properly account for expenditures and discrepancy notices;</P>
                <P>(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</P>
                <P>(i) Procedures are established to process any unused tickets.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.60</SECTNO>
                <SUBJECT>To what extent must my agency use electronic commerce?</SUBJECT>
                <P>Your agency should use electronic commerce (<E T="03">i.e.,</E> electronic methods for ordering, receiving bills, and paying for transportation and transportation services) to the maximum extent possible.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.65</SECTNO>
                <SUBJECT>Can my agency receive electronic billing for payment of transportation services?</SUBJECT>
                <P>Yes, when mutually agreeable to the agency and the GSA Audit Division, your agency is encouraged to use electronic billing for the procurement and billing of transportation services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.70</SECTNO>
                <SUBJECT>Must my agency make all payments via electronic funds transfer?</SUBJECT>
                <P>Yes, under 31 U.S.C. 3332, <E T="03">et seq.</E>, your agency must make all payments for goods and services via EFT (this includes goods and services ordered using charge cards).</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="60"/>
                <SECTNO>§ 102-118.75</SECTNO>
                <SUBJECT>What if my agency or the TSP does not have an account with a financial institution or approved payment agent?</SUBJECT>
                <P>Under 31 U.S.C. 3332, <E T="03">et seq.</E>, 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:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">The Commissioner</FP>
                  <FP SOURCE="FP-1">Financial Management Service</FP>
                  <FP SOURCE="FP-1">Department of the Treasury</FP>
                  <FP SOURCE="FP-1">401 Fourteenth Street, SW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20227</FP>
                  <FP SOURCE="FP-1">http://www.fms.treas.gov/ </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.80</SECTNO>
                <SUBJECT>Who is responsible for keeping my agency's electronic commerce transportation billing records?</SUBJECT>

                <P>Your agency's internal financial regulations will identify responsibility for recordkeeping. In addition, the GSA Audit 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:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.85</SECTNO>
                <SUBJECT>Can my agency use a Government contractor issued charge card to pay for transportation services?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.90</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <P>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 Audit 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 Audit Division for a postpayment audit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.95</SECTNO>
                <SUBJECT>What forms can my agency use to pay transportation bills?</SUBJECT>
                <P>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 followingGovernment forms to pay transportation bills:</P>
                <P>(a) Standard Form (SF) 1113, Public Voucher for Transportation Charges, and SF 1113-A, Memorandum Copy;</P>
                <P>(b) Optional Form (OF) 1103, Government Bill of Lading and OF 1103A Memorandum Copy (used for movement of things, both privately owned and Government property for official uses);</P>
                <P>(c) OF 1169, Government Transportation Request (used to pay for tickets to move people); and</P>

                <P>(d) OF 1203, Privately Owned Personal PropertyGovernment Bill of Lading, and OF 1203A, Memorandum Copy(used by the Department of Defense to move private property for official transfers).
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-118.95:</HD>
                  <P>By September 30, 2001, your agency may no longer use the GBLs (OF 1103 and OF 1203) for domestic shipments. After September 30, 2000, your agency should minimize the use of GTRs (OF 1169).</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <PRTPAGE P="61"/>
                <SECTNO>§ 102-118.100</SECTNO>
                <SUBJECT>What must my agency ensure is on each SF 1113?</SUBJECT>
                <P>Your agency must ensure during its prepayment audit of a TSP bill that the TSP filled out the Public Vouchers, SF 1113, completely including the taxpayer identification number (TIN), and standard carrier alpha code (SCAC). An SF 1113 must accompany all billings.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.105</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Bill of Lading?</SUBJECT>

                <P>The “U.S. Government Freight Transportation—Handbook” contains information on how to prepare this GBL form. To get a copy of this handbook, you may write to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.110</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Transportation Request?</SUBJECT>

                <P>The “U.S. Government Passenger Transportation—Handbook” contains information on how to prepare this GTR form. To get a copy of this handbook, you may write to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.115</SECTNO>
                <SUBJECT>Must my agency use a GBL?</SUBJECT>
                <P>No, your agency is not required to use a GBL and must use commercial payment practices to the maximum extent possible. Effective September 30, 2001, your agency must phase out the use of the Optional Forms 1103 and 1203 for domestic shipments. After this date, your agency may use the GBL solely for international shipments.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.120</SECTNO>
                <SUBJECT>Must my agency use a GTR?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.125</SECTNO>
                <SUBJECT>What if my agency uses a TD other than a GBL?</SUBJECT>
                <P>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.).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.130</SECTNO>
                <SUBJECT>Must my agency use a GBL for express, courier, or small package shipments?</SUBJECT>
                <P>No, however, in using commercial forms all shipments must be subject to the terms and conditions set forth for 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.135</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of bills of lading?</SUBJECT>
                <P>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.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.140</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of GBLs and bills of lading?</SUBJECT>
                <P>The mandatory terms and conditions governing the use of GBLs and bills of lading are:</P>
                <P>(a) Unless otherwise permitted by statute, the TSP must not demand prepayment or collect charges from the consignee. The TSP, providing service under the bill of lading, must present the original, properly certified GBL or bill of lading attached to an SF 1113, Public Voucher for Transportation Charges, to the paying office for payment;</P>

                <P>(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 <PRTPAGE P="62"/>rate is available, unless indicated on the GBL or bill of lading. (This is commonly referred to as an alternation of rates);</P>
                <P>(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 deliveringTSP and extend to the TSP the privilege of examining the shipment;</P>
                <P>(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 valid;</P>
                <P>(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</P>
                <P>(f) Additional mandatory terms and conditions are in this part and the “U.S. Government Freight Transportation—Handbook.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.145</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <P>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.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.150</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <P>The mandatory terms and conditions governing the use of passenger transportation documents are:</P>
                <P>(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;</P>
                <P>(b) The U.S. Government is not responsible for charges exceeding those applicable to the type, class, or character authorized in transportation documents;</P>
                <P>(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;</P>
                <P>(d) Government passenger transportation documents must be in accordance with Federal Travel RegulationChapters 300 and 301 (41 CFR chapters 300 and 301), and the “U.S. Government Passenger Transportation—Handbook”;</P>
                <P>(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 CollectionAct of 1982;</P>
                <P>(f) The TSP must insert on the TD any known dates on which travel commenced;</P>
                <P>(g) The issuing official or traveler, by signature, certifies that the requested transportation is for official business;</P>
                <P>(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</P>
                <P>(i) Additional mandatory terms and conditions are in this part and the “U. S. Government PassengerTransportation—Handbook.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.155</SECTNO>
                <SUBJECT>How does my agency handle supplemental billings from the TSP after payment of the original bill?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="63"/>
                <SECTNO>§ 102-118.160</SECTNO>
                <SUBJECT>Who is liable if my agency makes an overpayment on a transportation bill?</SUBJECT>
                <P>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 (31U.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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.165</SECTNO>
                <SUBJECT>What must my agency do if it finds an error on a TSP bill?</SUBJECT>

                <P>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, <E T="03">et seq.</E>). 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.170</SECTNO>
                <SUBJECT>Will GSA continue to maintain a centralized numbering system for Government transportation documents?</SUBJECT>

                <P>Yes, GSA will maintain a numbering system for GBLs and GTRs. For commercial TDs, each agency must create a unique numbering system to account for and prevent duplicate numbers. The GSA Audit Division must approve this system.Write to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Use of Government Billing Documents</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Terms and Conditions Governing Acceptance and Use of a Government Bill of Lading (GBL) or Government TransportationRequest (GTR) (Until Form Retirement)</HD>
                <SECTION>
                  <SECTNO>§ 102-118.175</SECTNO>
                  <SUBJECT>Must my agency prepare for the GBL retirement?</SUBJECT>
                  <P>Yes, your agency must prepare for the GBL retirement. Effective September 30, 2001, your agency must phase out the use of the SF 1103, Government Bill of Lading, GBL, and SF 1203, Privately Owned Personal Property Government Bill of Lading (PPGBLs), for domestic shipments. After September 30, 2001, your agency may use the GBL or PPGBL solely for international shipments (including domestic overseas shipments).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.180</SECTNO>
                  <SUBJECT>Must my agency prepare for the GTR retirement?</SUBJECT>
                  <P>Yes, your agency must use the GTR only in situations that do not lend themselves to the use of commercial payment methods.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.185</SECTNO>
                  <SUBJECT>When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including a GBL)?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.190</SECTNO>
                  <SUBJECT>When buying passenger transportation must my agency reference the applicable contract?</SUBJECT>
                  <P>Yes, when buying passenger transportation, your agency must reference the applicable contract on a GTR or passenger transportation document (e.g., ticket).</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="64"/>
                  <SECTNO>§ 102-118.195</SECTNO>
                  <SUBJECT>What documents must a transportation service provider (TSP) send to receive payment for a transportation billing?</SUBJECT>
                  <P>For shipments bought on a TD, the TSP must submit an original properly certified GBL, PPGBL, or bill of lading attached to an SF 1113, Public Voucher for Transportation Charges. The TSP must submit this package and all supporting documents to the agency paying office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.200</SECTNO>
                  <SUBJECT>Can a TSP demand advance payment for the transportation charges submitted on a bill of lading(including GBL)?</SUBJECT>
                  <P>No, a TSP cannot demand advance payment for transportation charges submitted on a bill of lading (including GBL), unless authorized by law.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.205</SECTNO>
                  <SUBJECT>May my agency pay an agent functioning as a warehouseman for the TSP providing service under the bill of lading?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.210</SECTNO>
                  <SUBJECT>May my agency use bills of lading other than the GBL for a transportation shipment?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.215</SECTNO>
                  <SUBJECT>May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.220</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <P>No, if your agency has administratively determined that a TSP owes a debt resulting from loss or damage, follow your agency regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.225</SECTNO>
                  <SUBJECT>What constitutes final receipt of shipment?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.230</SECTNO>
                  <SUBJECT>What if my agency creates or eliminates a field office approved to prepare transportation documents?</SUBJECT>
                  <P>Your agency must tell the GSA Audit 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Agency Responsibilities When Using Government Bills of Lading (GBLs) or Government Transportation Requests (GTRs)</HD>
                <SECTION>
                  <SECTNO>§ 102-118.235</SECTNO>
                  <SUBJECT>Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.240</SECTNO>
                  <SUBJECT>How does my agency get GBL and GTR forms?</SUBJECT>

                  <P>Your agency can get GBL and GTR forms, in either blank or prenumbered formats, from:
                  </P>
                  <EXTRACT>
                    <PRTPAGE P="65"/>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">General Products Commodity Center (7FXM-WS)</FP>
                    <FP SOURCE="FP-1">819 Taylor Street, Room 6A24</FP>
                    <FP SOURCE="FP-1">Fort Worth, TX 76102 </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.245</SECTNO>
                  <SUBJECT>How does my agency get an assigned set of GBL or GTR numbers?</SUBJECT>

                  <P>If your agency does not use prenumbered GBL and GTR forms, you may get an assigned set of numbers from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">General Products Commodity Center (7FXM-WS)</FP>
                    <FP SOURCE="FP-1">819 Taylor Street, Room 6A24</FP>
                    <FP SOURCE="FP-1">Fort Worth, TX 76102 </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.250</SECTNO>
                  <SUBJECT>Who is accountable for the issuance and use of GBL and GTR forms?</SUBJECT>
                  <P>Agencies and employees are responsible for the issuance and use of GBL and GTR forms and are accountable for their disposition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.255</SECTNO>
                  <SUBJECT>Are GBL and GTR forms numbered and used sequentially?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Quotations, Tenders or Contracts</HD>
                <SECTION>
                  <SECTNO>§ 102-118.260</SECTNO>
                  <SUBJECT>Must my agency send all quotations, tenders, or contracts with a TSP to GSA?</SUBJECT>

                  <P>(a) Yes, your agency must send two 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 to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <P>(b) When this information is in an electronic format approved by the GSA Audit Division, your agency will transfer the information electronically.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Prepayment Audits of Transportation Services</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Agency Requirements for Prepayment Audits</HD>
                <SECTION>
                  <SECTNO>§ 102-118.265</SECTNO>
                  <SUBJECT>What is a prepayment audit?</SUBJECT>
                  <P>A prepayment audit is a review of a transportation service provider (TSP) bill that occurs prior to your agency making payment to a TSP. This review compares the charges on the bill against the charge permitted under the contract, rate tender, or other agreement under which the TSP provided the transportation and/or transportation related services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.270</SECTNO>
                  <SUBJECT>Must my agency establish a prepayment audit program?</SUBJECT>

                  <P>(a) Yes, under 31 U.S.C. 3726, your agency is required to establish a prepayment audit program. Your agency must send a preliminary copy of your prepayment audit program to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Office of Transportation and Personal Property (MT)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://policyworks.gov/org/main/MT</FP>
                  </EXTRACT>
                  
                  <P>(b) The final plan must be approved and in place by April 20, 2000.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.275</SECTNO>
                  <SUBJECT>What must my agency consider when designing and implementing a prepayment audit program?</SUBJECT>
                  <P>As shown in § 102-118.45, the manner in which your agency orders transportation services determines how and by whom the bill for those services will be presented. Your agency's prepayment audit program must consider all of the methods that you use to order and pay for transportation services. With each method of ordering transportation services, 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. Each method of ordering transportation and transportation services may require a different kind of prepayment audit.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="66"/>
                  <SECTNO>§ 102-118.280</SECTNO>
                  <SUBJECT>What advantages does the prepayment audit offer my agency?</SUBJECT>
                  <P>Prepayment auditing will allow your agency to detect and eliminate billing errors before payment and will eliminate the time and cost of recovering agency overpayments.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.285</SECTNO>
                  <SUBJECT>What options for performing a prepayment audit does my agency have?</SUBJECT>
                  <P>Your agency may perform a prepayment audit by:</P>
                  <P>(a) Creating an internal prepayment audit program;</P>
                  <P>(b) Contracting directly with a prepayment audit service provider; or</P>

                  <P>(c) Using the services of a prepayment audit contractor under GSA's multiple award schedule covering audit and financial management services.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-118.285:</HD>
                    <P>Either of the choices in paragraph (a), (b) or (c) of this section might include contracts with charge card companies that provide prepayment audit services.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.290</SECTNO>
                  <SUBJECT>Must every electronic and paper transportation bill undergo a prepayment audit?</SUBJECT>

                  <P>Yes, all transportation bills and payments must undergo a prepayment audit unless your agency's prepayment audit program uses a statistical sampling technique of the bills or the Administrator of General Services grants a specific waiver from the prepayment audit requirement. If your agency chooses to use statistical sampling, all bills must be at or below the Comptroller General specified limit of $2,500.00 (31 U.S.C. 3521(b) and General Accounting Office Policy and Procedures Manual Chapter 7, obtainable from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">U.S. General Accounting Office</FP>
                    <FP SOURCE="FP-1">P.O. Box 6015</FP>
                    <FP SOURCE="FP-1">Gaithersburg, MD 20884-6015</FP>
                    <FP SOURCE="FP-1">http://www.gao.gov </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.295</SECTNO>
                  <SUBJECT>What are the limited exceptions to every bill undergoing a prepayment audit?</SUBJECT>
                  <P>The limited exceptions to bills undergoing a prepayment audit are those bills subject to a waiver from GSA (which may include bills determined to be below your agency's threshold). The waiver to prepayment audit requirements may be for bills, mode or modes of transportation or for an agency or subagency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.300</SECTNO>
                  <SUBJECT>How does my agency fund its prepayment audit program?</SUBJECT>
                  <P>Your agency must pay for the prepayment audit from those funds appropriated for transportation services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.305</SECTNO>
                  <SUBJECT>Must my agency notify the TSP of any adjustment to the TSP's bill?</SUBJECT>
                  <P>Yes, your agency must notify the TSP of any adjustment to the TSP's bill either electronically or in writing within 7 days of receipt of the bill. This notice must refer to the TSP's bill number, agency name, taxpayer identification number, standard carrier alpha code, document reference number, amount billed, amount paid, payment voucher number, complete tender or tariff authority, including item or section number.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.310</SECTNO>
                  <SUBJECT>Must my agency prepayment audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed?</SUBJECT>
                  <P>Yes, your agency must establish an appeal process that directs TSP appeals to an agency official who is able to provide adequate consideration and review of the circumstances of the claim. Your agency must complete the review of the appeal within 30 days.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.315</SECTNO>
                  <SUBJECT>What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?</SUBJECT>

                  <P>(a) If your agency is unable to resolve the disputed amount with the TSP, your agency should forward all relevant documents including a complete billing history, and the appropriation or fund charged, to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  

                  <P>(b) The GSA Audit Division will review the appeal of an agency's final, full or partial denial of a claim and <PRTPAGE P="67"/>issue a decision. A TSP must submit claims within 3 years under the guidelines established in § 102-118.460.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.320</SECTNO>
                  <SUBJECT>What information must be on transportation bills that have completed my agency's prepayment audit?</SUBJECT>
                  <P>(a) The following information must be annotated on all transportation bills that have completed a prepayment audit:</P>
                  <P>(1) The date received from a TSP;</P>
                  <P>(2) A TSP's bill number;</P>
                  <P>(3) Your agency name;</P>
                  <P>(4) A Document Reference Number (DRN);</P>
                  <P>(5) The amount billed;</P>
                  <P>(6) The amount paid;</P>
                  <P>(7) The payment voucher number;</P>
                  <P>(8) Complete tender or tariff authority, including item or section number;</P>
                  <P>(9) The TSP's taxpayer identification number (TIN);</P>
                  <P>(10) The TSP's standard carrier alpha code (SCAC);</P>
                  <P>(11) The auditor's authorization code or initials; and</P>
                  <P>(12) A copy of any statement of difference sent to the TSP.</P>

                  <P>(b) Your agency can find added guidance in the “U.S. Government Freight Transportation—Handbook,” obtainable from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Maintaining an Approved Program</HD>
                <SECTION>
                  <SECTNO>§ 102-118.325</SECTNO>
                  <SUBJECT>Must I get approval for my agency's prepayment audit program?</SUBJECT>
                  <P>Yes, your agency must get approval for your prepayment audit program. The highest level budget or financial official of each agency, such as the Chief Financial Officer, initially approves your agency's prepayment audit program. After internal agency approval, your agency submits the plan in writing to the GSA Audit Division for final approval.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.330</SECTNO>
                  <SUBJECT>What are the elements of an acceptable prepayment audit program?</SUBJECT>
                  <P>An acceptable prepayment audit program must:</P>
                  <P>(a) Verify all transportation bills against filed rates and charges before payment;</P>

                  <P>(b) Comply with the Prompt Payment Act (31 U.S.C. 3901, <E T="03">et seq.</E>);</P>
                  <P>(c) Allow for your agency to establish minimum dollar thresholds for transportation bills subject to audit;</P>
                  <P>(d) Require your agency's paying office to offset debts from amounts owed to the TSP within the 3 years as per 31 U.S.C. 3726(b);</P>
                  <P>(e) Be approved by the GSA Audit Division. After the initial approval, the agency may be subject to periodic program review and reapproval;</P>
                  <P>(f) Complete accurate audits of transportation bills and notify the TSP of any adjustment within 7 calendar days of receipt;</P>
                  <P>(g) Create accurate notices to the TSPs that describe in detail the reasons for any full or partial rejection of the stated charges on the invoice. An accurate notice must include the TSP's invoice number, the billed amount, TIN, standard carrier alpha code, the charges calculated by the agency, and the specific reasons including applicable rate authority for the rejection;</P>

                  <P>(h) Forward documentation monthly to the GSA Audit Division, which will store paid transportation bills under the General Records Schedule 9, Travel and Transportation (36 CFR Chapter XII, 1228.22) which requires keeping records for 3 years. GSA will arrange for storage of any document requiring special handling (<E T="03">e.g.</E>, bankruptcy, court case, <E T="03">etc.</E>). These bills will be retained pursuant to 44 U.S.C. 3309 until claims have been settled;</P>

                  <P>(i) Establish procedures in which transportation bills not subject to prepayment audit (<E T="03">i.e.</E>, bills for unused tickets and charge card billings) are handled separately and forwarded to the GSA Audit Division; and</P>
                  <P>(j) Implement a unique agency numbering system to handle commercial paper and practices (see § 102-118.55).</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="68"/>
                  <SECTNO>§ 102-118.335</SECTNO>
                  <SUBJECT>What does the GSA Audit Division consider when verifying an agency prepayment audit program?</SUBJECT>
                  <P>The GSA 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.340</SECTNO>
                  <SUBJECT>How does my agency contact the GSA Audit Division?</SUBJECT>

                  <P>Your agency may contact the GSA Audit Division by writing to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.345</SECTNO>
                  <SUBJECT>If my agency chooses to change an approved prepayment audit program, does the program need to be reapproved?</SUBJECT>
                  <P>Yes, you must receive approval of any changes in your agency's prepayment audit program from the GSA Audit Division.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Liability for Certifying and Disbursing Officers</HD>
                <SECTION>
                  <SECTNO>§ 102-118.350</SECTNO>
                  <SUBJECT>Does establishing a prepayment audit system or program change the responsibilities of the certifying officers?</SUBJECT>
                  <P>Yes, in a prepayment audit environment, an 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).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.355</SECTNO>
                  <SUBJECT>Does a prepayment audit waiver change any liabilities of the certifying officer?</SUBJECT>
                  <P>Yes, a certifying official is not personally liable for verifying transportation rates, freight classifications, or other information provided on a GBL or passenger transportation request when the Administrator of GeneralServices or designee waives the prepayment audit requirement and your agency uses postpayment audits.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.360</SECTNO>
                  <SUBJECT>What relief from liability is available for the certifying official under a postpayment audit?</SUBJECT>
                  <P>The agency counsel relieves a certifying official from liability for overpayments in cases where postpayment is the approved method of auditing and:</P>
                  <P>(a) The overpayment occurred solely because the administrative review before payment did not verify transportation rates; and</P>
                  <P>(b) 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.365</SECTNO>
                  <SUBJECT>Do the requirements of a prepayment audit change the disbursing official's liability for overpayment?</SUBJECT>
                  <P>Yes, the disbursing official has a liability for overpayments on all transportation bills subject to prepayment audit (31 U.S.C. 3322).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.370</SECTNO>
                  <SUBJECT>Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency?</SUBJECT>
                  <P>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).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Waivers from Mandatory Prepayment Audit</HD>
                <SECTION>
                  <SECTNO>§ 102-118.375</SECTNO>
                  <SUBJECT>Who has the authority to grant a waiver of the prepayment audit requirement?</SUBJECT>
                  <P>Only the Administrator of General Services or designee has the authority to grant waivers from the prepayment audit requirement.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.380</SECTNO>
                  <SUBJECT>How does my agency apply for a waiver from a prepayment audit of requirement?</SUBJECT>

                  <P>Your agency must submit a request for a waiver from the requirement to perform a prepayment in writing to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>

                    <FP SOURCE="FP-1">Office of Transportation and Personal Property (MT)<PRTPAGE P="69"/>
                    </FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1"> http://policyworks.gov/org/main/MT </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.385</SECTNO>
                  <SUBJECT>What must a waiver request include?</SUBJECT>
                  <P>A waiver request must explain in detail how the use of a prepayment audit increases costs over a postpayment audit, decreases efficiency, involves a relevant public interest, adversely affects the agency's mission, or is not feasible for the agency. A waiver request must identify the mode or modes of transportation, agency or subagency to which the waiver would apply.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.390</SECTNO>
                  <SUBJECT>On what basis does GSA grant a waiver to the prepayment audit requirement?</SUBJECT>
                  <P>GSA issues waivers to the prepayment audit requirement based on:</P>
                  <P>(a) Cost-effectiveness;</P>
                  <P>(b) Government efficiency;</P>
                  <P>(c) Public interest; or</P>
                  <P>(d) Other factors the Administrator of General Services considers appropriate.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.395</SECTNO>
                  <SUBJECT>How long will GSA take to respond to a waiver request?</SUBJECT>
                  <P>GSA will respond to a written waiver request within 30 days from the receipt of the request.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.400</SECTNO>
                  <SUBJECT>Must my agency renew a waiver of the prepayment audit requirements?</SUBJECT>
                  <P>Yes, your agency waiver to the prepayment audit requirement will not exceed 2 years. Your agency must reapply to ensure the circumstances at the time of approval still apply.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.405</SECTNO>
                  <SUBJECT>Are my agency's prepayment audited transportation bills subject to periodic postpayment audit oversight from the GSA Audit Division?</SUBJECT>
                  <P>Yes, two years or more after starting prepayment audits, the GSA Audit Division (depending on its evaluation of the results) may subject your agency's prepayment audited transportation bills to periodic postpayment audit oversight rather than blanket postpayment audits. The GSA AuditDivision will then prepare a report analyzing the success of your agency's prepayment audit program. This report will be on file at GSA and available for your review.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Suspension of Agency Prepayment Audit Programs</HD>
                <SECTION>
                  <SECTNO>§ 102-118.410</SECTNO>
                  <SUBJECT>Can GSA suspend my agency's prepayment audit program?</SUBJECT>
                  <P>(a) Yes, the Director of the GSA Audit Division may suspend your agency's prepayment audit program based on his or her determination of a systematic or frequent failure of the program to:</P>
                  <P>(1) Conduct an accurate prepayment audit of your agency's transportation bills;</P>
                  <P>(2) Abide by the terms of the Prompt Payment Act;</P>
                  <P>(3) Adjudicate TSP claims disputing prepayment audit positions of the agency regularly within 30 days of receipt;</P>
                  <P>(4) Follow Comptroller General decisions, GSA Board of Contract Appeals decisions, the Federal ManagementRegulation and GSA instructions or precedents about substantive and procedure matters; and/or</P>
                  <P>(5) Provide information and data or to cooperate with on-site inspections necessary to conduct a quality assurance review.</P>
                  <P>(b) A systematic or a multitude of individual failures will result in suspension. A suspension of an agency's prepayment audit program may be in whole or in part for failure to conduct proper prepayment audits.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Postpayment Transportation Audits</HD>
              <SECTION>
                <SECTNO>§ 102-118.415</SECTNO>
                <SUBJECT>Will the widespread mandatory use of prepayment audits eliminate postpayment audits?</SUBJECT>
                <P>No, the mandatory use of prepayment audits will not eliminate postpayment audits because:</P>
                <P>(a) Postpayment audits will continue for those areas which do not lend themselves to the prepayment audit; and</P>

                <P>(b) The GSA Audit Division will continue to review and survey the progress of the prepayment audit by performing a postpayment audit on the bills. The GSA Audit Division has a Congressionally mandated responsibility under 31 <PRTPAGE P="70"/>U.S.C. 3726 to perform oversight on transportation bill payments. During the early startup period for prepayment audits, transportation bills are subject to a possible postpayment audit to discover the effectiveness of the prepayment audit process.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.420</SECTNO>
                <SUBJECT>Can the Administrator of General Services waive the postpayment auditing provisions of this subpart?</SUBJECT>
                <P>Yes, in certain circumstances, the Administrator of General Services or designee may waive the postpayment audit oversight requirements of this subpart on a case by case basis.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.425</SECTNO>
                <SUBJECT>Is my agency allowed to perform a postpayment audit on our transportation bills?</SUBJECT>
                <P>No, your agency must forward all transportation bills to GSA for a postpayment audit regardless of any waiver allowing for postpayment audit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.430</SECTNO>
                <SUBJECT>What information must be on my agency's transportation bills submitted for a postpayment audit?</SUBJECT>
                <P>Your agency must annotate all of its transportation bills submitted for postpayment audit with:</P>
                <P>(a) The date received from a TSP;</P>
                <P>(b) A TSP's bill number;</P>
                <P>(c) Your agency name;</P>
                <P>(d) A Document Reference Number;</P>
                <P>(e) The amount requested;</P>
                <P>(f) The amount paid;</P>
                <P>(g) The payment voucher number;</P>
                <P>(h) Complete tender or tariff authority, including contract price (if purchased under the Federal AcquisitionRegulation), item or section number;</P>
                <P>(i) The TSP's taxpayer identification number; and</P>
                <P>(j) The TSP's standard carrier alpha code (SCAC).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.435</SECTNO>
                <SUBJECT>What procedures does GSA use to perform a postpayment audit?</SUBJECT>
                <P>When GSA performs a postpayment audit, the GSA Audit Division has the delegated authority to implement the following procedures:</P>
                <P>(a) Audit selected TSP bills after payment;</P>
                <P>(b) Audit selected TSP bills before payment as needed to protect the Government's interest (i.e., bankruptcy, fraud);</P>
                <P>(c) Examine, settle, and adjust accounts involving payment for transportation and related services for the account of agencies;</P>
                <P>(d) Adjudicate and settle transportation claims by and against agencies;</P>
                <P>(e) Offset an overcharge by any TSP from an amount subsequently found to be due that TSP;</P>
                <P>(f) Issue a Notice of Overcharge stating that a TSP owes a debt to the agency. This notice states the amount paid, the basis for the proper charge for the document reference number, and cites applicable tariff or tender along with other data relied on to support the overcharge. A separate Notice of Overcharge is prepared and mailed for each bill; and</P>
                <P>(g) Issue 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 subject to interest charges, penalties, and administrative cost under 31 U.S.C. 3717.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.440</SECTNO>
                <SUBJECT>What are the postpayment audit responsibilities and roles of the GSA Audit Division?</SUBJECT>
                <P>When the GSA Audit Division performs a postpayment audit for your agency, GSA will:</P>
                <P>(a) Examine and analyze 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;</P>
                <P>(b) Examine, adjudicate, and settle transportation claims by and against the agency;</P>
                <P>(c) Collect from TSPs by refund, setoff, offset or other means, the amounts determined to be due the agency;</P>
                <P>(d) Adjust, terminate or suspend debts due on TSP overcharges;</P>

                <P>(e) 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 <PRTPAGE P="71"/>against an agency and provide technical, fiscal, and factual data from relevant records;</P>
                <P>(f) Provide transportation specialists and lawyers to serve as expert witnesses, assist in pretrial conferences, draft pleadings, orders, and briefs, and participate as requested in connection with transportation suits by or against an agency;</P>
                <P>(g) 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;</P>
                <P>(h) Furnish information on rates, fares, routes, and related technical data upon request;</P>
                <P>(i) Tell an agency of irregular shipping routing practices, inadequate commodity descriptions, excessive transportation cost authorizations, and unsound principles employed in traffic and transportation management; and</P>
                <P>(j) Confer with individual TSPs or related groups and associations presenting specific modes of transportation to resolve mutual problems concerning technical and accounting matters and acquainting them with agency requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.445</SECTNO>
                <SUBJECT>Must my agency pay for a postpayment audit when using the GSA Audit Division?</SUBJECT>
                <P>No, the expenses of postpayment audit contract administration and audit-related functions are financed from overpayments collected from the TSP's bills previously paid by the agency and similar type of refunds.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Claims and Appeal Procedures</HD>
              <SUBJGRP>
                <HD SOURCE="HED">General Agency Information for All Claims</HD>
                <SECTION>
                  <SECTNO>§ 102-118.450</SECTNO>
                  <SUBJECT>Can a TSP file a transportation claim against my agency?</SUBJECT>
                  <P>Yes, a TSP may file a transportation claim against your agency under 31 U.S.C. 3726 for:</P>
                  <P>(a) Amounts owed but not included in the original billing;</P>
                  <P>(b) Amounts deducted or set off by an agency that are disputed by the TSP;</P>
                  <P>(c) Requests by a TSP for amounts previously refunded in error by that TSP; and/or</P>
                  <P>(d) Unpaid original bills requiring direct settlement by GSA, including those subject to doubt about the suitability of payment (mainly bankruptcy or fraud).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.455</SECTNO>
                  <SUBJECT>What is the time limit for a TSP to file a transportation claim against my agency?</SUBJECT>
                  <P>The time limits on a TSP transportation claim against the Government differ by mode as shown in the following table:</P>
                  <GPOTABLE CDEF="s100,r50,r100" COLS="3" OPTS="L4,p9,9/10,i1">
                    <TTITLE>
                      <E T="04">Time Limits on Actions Taken by TSP</E>
                    </TTITLE>
                    <BOXHD>
                      <CHED H="1">Mode</CHED>
                      <CHED H="1">Freight charges</CHED>
                      <CHED H="1">Statute</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                      <ENT I="01">(a) Air Domestic</ENT>
                      <ENT>6 years</ENT>
                      <ENT>28 U.S.C. 2401, 2501.</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(b) Air International</ENT>
                      <ENT>6 years</ENT>
                      <ENT>28 U.S.C. 2401, 2501.</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(c) Freight Forwarders (subject to the IC Act)</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(d) Motor</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(e) Rail</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(f) Water (subject to the IC Act)</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <PRTPAGE P="72"/>
                      <ENT I="01">(g) Water (not subject to the IC Act)</ENT>
                      <ENT>2 years</ENT>
                      <ENT>46 U.S.C. 745.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(h) TSPs exempt from regulation</ENT>
                      <ENT>6 years</ENT>
                      <ENT>28 U.S.C. 2401, 2501. </ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.460</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <P>Statutory time limits vary depending on the mode and the service involved and may involve freight charges. The following tables list the time limits:</P>
                  <GPOTABLE CDEF="s75,r75,r75,r75" COLS="4" OPTS="L4,p9,9/10,i1">
                    <TTITLE>
                      <E T="04">(A) Time Limits on Actions Taken by the Federal Government Against TSPs</E>
                    </TTITLE>
                    <BOXHD>
                      <CHED H="1">Mode</CHED>
                      <CHED H="1">Freight charges</CHED>
                      <CHED H="1">Reparations</CHED>
                      <CHED H="1">Loss and damage</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                      <ENT I="01">(1) Rail</ENT>
                      <ENT>3 years<LI>49 U.S.C. 11705</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C. 11705</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(2) Motor</ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(3) Freight Forwarders subject to the IC Act</ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(4) Water (subject to the IC Act)</ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(5) Water (not subject to the IC Act)</ENT>
                      <ENT>6 years 28 U.S.C. 2415</ENT>
                      <ENT>2 years 46 U.S.C. 821</ENT>
                      <ENT>1 year.<LI>46 U.S.C.</LI>
                        <LI>1303(6) (if subject to Carriage of Goods by Sear Act, 46 U.S.C. 1300-1315).</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(6) Domestic Air</ENT>
                      <ENT>6 years<LI>28 U.S.C. 2415</LI>
                      </ENT>
                      <ENT/>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(7) International Air</ENT>
                      <ENT>6 years<LI>28 U.S.C. 2415</LI>
                      </ENT>
                      <ENT/>
                      <ENT>2 years.<LI>49 U.S.C. 40105. </LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>
                  <PRTPAGE P="73"/>
                  <GPOTABLE CDEF="s75,r75,r75,r75" COLS="4" OPTS="L4,p9,9/10,i1">
                    <TTITLE>
                      <E T="01">(B) Time Limits on Actions Taken by the Federal Government Against TSPs Exempt From Regulation</E>
                    </TTITLE>
                    <BOXHD>
                      <CHED H="1">Mode</CHED>
                      <CHED H="1">Freight</CHED>
                      <CHED H="1">Reparations</CHED>
                      <CHED H="1">Loss and damage</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">(1) All</ENT>
                      <ENT>6 years<LI>28 U.S.C. 2415</LI>
                      </ENT>
                      <ENT/>
                      <ENT>6 years.<LI>28 U.S.C. 2415. </LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.465</SECTNO>
                  <SUBJECT>Must my agency pay interest on a disputed amount claimed by a TSP?</SUBJECT>

                  <P>No, interest penalties under the Prompt Payment Act, (31 U.S.C. 3901, <E T="03">et seq.</E>), are not required when payment is delayed because of a dispute between an agency and a TSP.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.470</SECTNO>
                  <SUBJECT>Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division?</SUBJECT>
                  <P>Yes, an administrative claim must be received by the GSA Audit 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):</P>
                  <P>(a) Accrual of the cause of action;</P>
                  <P>(b) Payment of charges for the transportation involved;</P>
                  <P>(c) Subsequent refund for overpayment of those charges; or</P>
                  <P>(d) Deductions made to a TSP claim by the Government under 31 U.S.C. 3726.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.475</SECTNO>
                  <SUBJECT>Does interest apply after certification of payment of claims?</SUBJECT>

                  <P>Yes, interest under the Prompt Payment Act (31 U.S.C.3901, <E T="03">et seq.</E>) begins 30 days after certification for payment by GSA.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.480</SECTNO>
                  <SUBJECT>How does my agency settle disputes with a TSP?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.485</SECTNO>
                  <SUBJECT>Is there a time limit for my agency to issue a decision on disputed claims?</SUBJECT>
                  <P>Yes, your agency must issue a ruling on a disputed claim within 30 days of receipt of the claim.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.490</SECTNO>
                  <SUBJECT>What if my agency fails to settle a dispute within 30 days?</SUBJECT>

                  <P>(a) If your agency fails to settle a dispute within 30 days, the TSP may appeal to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">Code: CC 1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <P>(b) If the TSP disagrees with the administrative settlement by the Audit Division, the TSP may appeal to the General Services Board of Contract Appeals.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.495</SECTNO>
                  <SUBJECT>May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?</SUBJECT>
                  <P>No, your agency may not appeal a decision made by the GSBCA.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.500</SECTNO>
                  <SUBJECT>How does my agency handle a volunary refund submitted by a TSP?</SUBJECT>

                  <P>(a) An agency must report all voluntary refunds to the GSA Audit Division (so that no Notice of Overcharge or financial offset occurs), unless other arrangements are made(<E T="03">e.g.</E>, charge card refunds, etc.). These reports must be addressed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">Code: CC</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                  </EXTRACT>
                  
                  <PRTPAGE P="74"/>
                  <P>(b) Once a Notice of Overcharge is issued by the GSA Audit Division, then any refund is no longer considered voluntary and the agency must forward the refund to the GSAAudit Division.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.505</SECTNO>
                  <SUBJECT>Must my agency send a voluntary refund to the Treasurer of the United States?</SUBJECT>
                  <P>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 Audit Division.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.510</SECTNO>
                  <SUBJECT>Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?</SUBJECT>

                  <P>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 T="03">e.g.</E>, an amount previously paid), must be immediately returned to the GSA Audit Division with an explanation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.515</SECTNO>
                  <SUBJECT>Does my agency have any recourse not to pay a Certificate of Settlement?</SUBJECT>
                  <P>No, a Certificate of Settlement is the final administrative action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.520</SECTNO>
                  <SUBJECT>Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?</SUBJECT>

                  <P>Under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711, <E T="03">et seq.</E>), the Comptroller General and the Attorney General have joint responsibility for issuing standards for your agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.525</SECTNO>
                  <SUBJECT>What are my agency's responsibilities for verifying the correct amount of transportation charges?</SUBJECT>
                  <P>Your agency's employees are responsible for diligently verifying the correct amount of transportation charges prior to payment (31 U.S.C. 3527).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.530</SECTNO>
                  <SUBJECT>Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?</SUBJECT>
                  <P>Yes, GSA will instruct one or more of your agency's disbursing offices to deduct the amount due from an unpaidTSP's bill. A 3-year limitation applies on the deduction of overcharges from amounts due a TSP (31 U.S.C. 3726) and a 10-year limitation applies on the deduction of ordinary debts (31 U.S.C. 3716).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.535</SECTNO>
                  <SUBJECT>Are there principles governing my agency's TSP debt collection procedures?</SUBJECT>

                  <P>Yes, the principles governing your agency collection procedures for reporting debts to the General AccountingOffice (GAO) or the Department of Justice are found in 4 CFR parts 101 through 105 and in the GAO Policy and ProceduresManual for Guidance of Federal Agencies. The manual may be obtained by writing:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">Superintendent of Documents</FP>
                    <FP SOURCE="FP-1">Government Printing Office</FP>
                    <FP SOURCE="FP-1">Washington, DC 20402</FP>
                    <FP SOURCE="FP-1">http://www.access.gpo.gov/</FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.540</SECTNO>
                  <SUBJECT>Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?</SUBJECT>
                  <P>The Director of the GSA Audit 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) Filing Requirements</HD>
                <SECTION>
                  <SECTNO>§ 102-118.545</SECTNO>
                  <SUBJECT>What information must a TSP claim include?</SUBJECT>
                  <P>Transportation service provider (TSP) claims received by GSA or its designee must include one of the following:</P>

                  <P>(a) The signature of an individual or party legally entitled to receive payment for services on behalf of the TSP;<PRTPAGE P="75"/>
                  </P>
                  <P>(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</P>
                  <P>(c) An electronic signature, when mutually agreed upon.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.550</SECTNO>
                  <SUBJECT>How does a TSP file an administrative claim using EDI or other electronic means?</SUBJECT>
                  <P>The medium and precise format of data for an administrative claim filed electronically must be approved in advance by the GSA Audit Division. GSA will use an authenticating EDI signature to certify receipt of the claim. The data on the claim must contain proof of the delivery of goods, and an itemized bill reflecting the services provided, with the lowest charges available for service. The TSP must be able to locate, identify, and reproduce the records in readable form without loss of clarity.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.555</SECTNO>
                  <SUBJECT>Can a TSP file a supplemental administrative claim?</SUBJECT>
                  <P>Yes, a TSP may file a supplemental administrative claim. Each supplemental claim must cover charges relating to one paid transportation document.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.560</SECTNO>
                  <SUBJECT>What is the required format that a TSP must use to file an administrative claim?</SUBJECT>

                  <P>A TSP must bill for charges claimed on a SF 1113, Public Voucher for Transportation Charges, in the manner prescribed in the “U.S. Government Freight Transportation—Handbook” or the “U.S. Government Passenger Transportation—Handbook.” To get a copy of these handbooks, you may write to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.565</SECTNO>
                  <SUBJECT>What documentation is required when filing an administrative claim?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits</HD>
                <SECTION>
                  <SECTNO>§ 102-118.570</SECTNO>
                  <SUBJECT>If my agency denies the TSP's challenge to the statement of difference, may the TSP appeal?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.575</SECTNO>
                  <SUBJECT>If a TSP disagrees with the decision of my agency, can the TSP appeal?</SUBJECT>
                  <P>Yes, the TSP may file a claim with the GSA Audit 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 Audit Division if your agency has not responded to a challenge within 30 days.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.580</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>

                  <P>(a) Yes, the TSP may appeal to the GSA's Board of Contract Appeals (GSBCA), under guidelines established in this subpart, or file a claim with the United States Court of Federal Claims. The TSP's request for review must be received by the GSBCA in writing within 6 months (not including time 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. The TSP must address requests to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">GSA Board of Contract Appeals</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Room 7022</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405 </FP>
                  </EXTRACT>
                  
                  <P>(b) The GSBCA will accept legible submissions via facsimile (FAX) on (202) 501-0664.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="76"/>
                  <SECTNO>§ 102-118.585</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSBCA?</SUBJECT>
                  <P>No, a ruling by the GSBCA 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.590</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>
                  <P>No, your agency may not appeal. A GSA Audit Division decision is administratively final for your agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.595</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision by the GSBCA?</SUBJECT>
                  <P>No, your agency may not appeal a prepayment audit decision. Your agency must follow the ruling of the GSBCA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits</HD>
                <SECTION>
                  <SECTNO>§ 102-118.600</SECTNO>
                  <SUBJECT>When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?</SUBJECT>

                  <P>A TSP who disagrees with the Notice of Overcharge may submit a written request for reconsideration to the GSAAudit Division at:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.605</SECTNO>
                  <SUBJECT>What if a TSP disagrees with the Notice of Indebtedness?</SUBJECT>
                  <P>If a TSP disagrees with an ordinary debt, as shown on a Notice of Indebtedness, it may:</P>
                  <P>(a) Inspect and copy the agency's records related to the claim;</P>
                  <P>(b) Seek administrative review by the GSA Audit Division of the claim decision; and/or</P>
                  <P>(c) Enter a written agreement for the payment of the claims.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.610</SECTNO>
                  <SUBJECT>Is a TSP notified when GSA allows a claim?</SUBJECT>
                  <P>Yes, the GSA Audit 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.615</SECTNO>
                  <SUBJECT>Will GSA notify a TSP if they internally offset a payment?</SUBJECT>
                  <P>Yes, the GSA Audit Division will inform the TSP if they internally offset a payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.620</SECTNO>
                  <SUBJECT>How will a TSP know if the GSA Audit Division disallows a claim?</SUBJECT>
                  <P>The GSA Audit Division will furnish a GSA Form 7932, Settlement Certificate, to the TSP explaining the disallowance.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.625</SECTNO>
                  <SUBJECT>Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?</SUBJECT>
                  <P>Yes, a TSP desiring a reconsideration of a settlement action may request a review by the Administrator of GeneralServices.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.630</SECTNO>
                  <SUBJECT>How must a TSP refund amounts due to GSA?</SUBJECT>

                  <P>(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:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">P.O. Box 93746</FP>
                    <FP SOURCE="FP-1">Chicago, IL 60673 </FP>
                  </EXTRACT>
                  

                  <P>(b) If an EFT address is needed, please contact the GSA Audit Division at:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <NOTE>
                    <PRTPAGE P="77"/>
                    <HD SOURCE="HED">Note to § 102-118.630:</HD>
                    <P>Amounts collected by GSA are returned to the Treasurer of the United States (31 U.S.C. 3726).</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.635</SECTNO>
                  <SUBJECT>Can the Government charge interest on an amount due from a TSP?</SUBJECT>
                  <P>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 (4 CFR parts 101 through 105), and 41CFR part 105-55.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.640</SECTNO>
                  <SUBJECT>If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?</SUBJECT>
                  <P>GSA will pursue debt collection through one of the following methods:</P>
                  <P>(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 (4 CFR parts 101 through 105) and 41 CFR part 105-55;</P>
                  <P>(b) When the action outlined in paragraph (a) of this section cannot be 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) and a 10-year limitation applies on the deduction of ordinary debt (31 U.S.C. 3716);</P>
                  <P>(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</P>
                  <P>(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 4 CFR parts 101 through 105.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.645</SECTNO>
                  <SUBJECT>Can a TSP file an administrative claim on collection actions?</SUBJECT>

                  <P>Yes, a TSP may file an administrative claim involving collection actions resulting from the transportation audit performed by the GSA directly with the GSA Audit 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, <E T="03">et seq.</E>). 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 Audit Division for forwarding to the responsible agency or for direct settlement by the GSA Audit Division. Claims for GSA processing must be addressed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.650</SECTNO>
                  <SUBJECT>Can a TSP request a review of a settlement action by the Administrator of General Services?</SUBJECT>
                  <P>Yes, a TSP desiring a review of a settlement action taken by the Administrator of General Services may request a review by the GSA Board of Contract Appeals (GSBCA) or file a claim with the United States Court of Federal Claims (28U.S.C. 1491).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.655</SECTNO>
                  <SUBJECT>Are there time limits on a TSP request for an administrative review by the GSBCA?</SUBJECT>

                  <P>(a) Yes, the GSBCA must receive a request for review from the TSP within six months (not including time 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. The request must be addressed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">GSA Board of Contract Appeals</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Room 7022</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  </EXTRACT>
                  
                  <P>(b) The GSBCA will accept legible submissions via facsimile (FAX) on (202) 501-0664.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="78"/>
                  <SECTNO>§ 102-118.660</SECTNO>
                  <SUBJECT>May a TSP appeal a postpayment audit decision of the GSBCA?</SUBJECT>
                  <P>No, a ruling by the GSBCA 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.665</SECTNO>
                  <SUBJECT>May my agency appeal a postpayment audit decision by the GSBCA?</SUBJECT>
                  <P>No, your agency may not appeal a postpayment audit decision and must follow the ruling of the GSBCA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) Non-Payment of a Claim</HD>
                <SECTION>
                  <SECTNO>§ 102-118.670</SECTNO>
                  <SUBJECT>If a TSP cannot immediately pay a debt, can they make other arrangements for payment?</SUBJECT>
                  <P>Yes, if a TSP is unable to pay the debt promptly, the Director of the GSA Audit Division has the discretion to enter into alternative arrangements for payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.675</SECTNO>
                  <SUBJECT>What recourse does my agency have if a TSP does not pay a transportation debt?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-119—102-140 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="79"/>
          <HD SOURCE="HED">SUBCHAPTER E—TRAVEL MANAGEMENT</HD>
          <PART>
            <WHED>PART 102-141—GENERAL [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PARTS 102-142—102-170 [RESERVED]</WHED>
            
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <HD SOURCE="HED">SUBCHAPTER F—TELECOMMUNICATIONS</HD>
          <PART>
            <WHED>PART 102-171—GENERAL [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-172—TELECOMMUNICATIONS MANAGEMENT POLICY [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PARTS 102-173—102-190 [RESERVED]</WHED>
            
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <HD SOURCE="HED">SUBCHAPTER G—ADMINISTRATIVE PROGRAMS</HD>
          <PART>
            <WHED>PART 102-191—GENERAL [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-192—MAIL MANAGEMENT [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-193—RECORDS MANAGEMENT [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-194—STANDARD AND OPTIONAL FORMS PROGRAM [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-195—INTERAGENCY REPORTS MANAGEMENT PROGRAM [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-196—FEDERAL FACILITY RIDESHARING [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PARTS 102-197—102-220 [RESERVED]</WHED>
            
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <RESERVED>SUBCHAPTERS H-Z [RESERVED]</RESERVED>
        </SUBCHAP>
      </CHAPTER>
      <CHAPTER>
        <LRH>41 CFR Ch. 105 (7-1-00 Edition)</LRH>
        <RRH>General Services Administration</RRH>
        <TOC>
          <TOCHD>
            <PRTPAGE P="81"/>
            <HD SOURCE="HED">CHAPTERS 103-104 [RESERVED]</HD>
            <HD SOURCE="HED">CHAPTER 105—GENERAL SERVICES ADMINISTRATION </HD>
          </TOCHD>
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>105-1</PT>
            <SUBJECT>Introduction</SUBJECT>
            <PG>83</PG>
            <PT>105-8</PT>
            <SUBJECT>Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by General Services Administration</SUBJECT>
            <PG>85</PG>
            <PT>105-50</PT>
            <SUBJECT>Provision of special or technical services to State and local units of government</SUBJECT>
            <PG>96</PG>
            <PT>105-51</PT>
            <SUBJECT>Uniform relocation assistance and real property acquisition for Federal and federally assisted programs</SUBJECT>
            <PG>101</PG>
            <PT>105-53</PT>
            <SUBJECT>Statement of organization and functions</SUBJECT>
            <PG>101</PG>
            <PT>105-54</PT>
            <SUBJECT>Advisory committee management</SUBJECT>
            <PG>108</PG>
            <PT>105-55</PT>
            <SUBJECT>Collection of claims owed the United States</SUBJECT>
            <PG>119</PG>
            <PT>105-56</PT>
            <SUBJECT>Salary offset for indebtedness of General Services Adminstration employees to the United States</SUBJECT>
            <PG>123</PG>
            <PT>105-57</PT>
            <SUBJECT>Collection of debts by tax refund offset</SUBJECT>
            <PG>128</PG>
            <PT>105-60</PT>
            <SUBJECT>Public availability of agency records and informational materials</SUBJECT>
            <PG>129</PG>
            <PT>105-62</PT>
            <SUBJECT>Document security and declassification</SUBJECT>
            <PG>146</PG>
            <PT>105-64</PT>
            <SUBJECT>Regulations implementing the Privacy Act of 1974</SUBJECT>
            <PG>151</PG>
            <PT>105-67</PT>
            <SUBJECT>Sale of personal property</SUBJECT>
            <PG>160</PG>
            <PT>105-68</PT>
            <SUBJECT>Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace (grants)</SUBJECT>
            <PG>161</PG>
            <PT>105-69</PT>
            <SUBJECT>New restrictions on lobbying</SUBJECT>
            <PG>180</PG>
            <PT>105-70</PT>
            <SUBJECT>Implementation of the Program Fraud Civil Remedies Act of 1986</SUBJECT>
            <PG>191</PG>
            <PT>105-71</PT>
            <SUBJECT>Uniform administrative requirements for grants and cooperative agreements with State and local governments</SUBJECT>
            <PG>206</PG>
            <PT>105-72</PT>
            <SUBJECT>Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals, and other non-profit organizations</SUBJECT>
            <PG>233<PRTPAGE P="82"/>
            </PG>
            <PT>105-735</PT>
            <SUBJECT>Standards of conduct</SUBJECT>
            <PG>260</PG>
          </CHAPTI>
        </TOC>
        <LRH>41 CFR Ch. 102 (7-1-00 Edition)</LRH>
        <RRH>Federal Management Regulation</RRH>
        <PART>
          <PRTPAGE P="83"/>
          <EAR>Pt. 105-1</EAR>
          <HD SOURCE="HED">PART 105-1—INTRODUCTION</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-1.000-50</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-1.1—Regulations System</HD>
              <SECTNO>105-1.100</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-1.101</SECTNO>
              <SUBJECT>General Services Administration Property Management Regulations.</SUBJECT>
              <SECTNO>105-1.101-50</SECTNO>
              <SUBJECT>Exclusions.</SUBJECT>
              <SECTNO>105-1.102</SECTNO>
              <SUBJECT>Relationship of GSPMR to FPMR.</SUBJECT>
              <SECTNO>105-1.104</SECTNO>
              <SUBJECT>Publication of GSPMR.</SUBJECT>
              <SECTNO>105-1.106</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-1.109</SECTNO>
              <SUBJECT>Numbering.</SUBJECT>
              <SECTNO>105-1.109-50</SECTNO>
              <SUBJECT>General plan.</SUBJECT>
              <SECTNO>105-1.109-51</SECTNO>
              <SUBJECT>Arrangement.</SUBJECT>
              <SECTNO>105-1.109-52</SECTNO>
              <SUBJECT>Cross-references.</SUBJECT>
              <SECTNO>105-1.110</SECTNO>
              <SUBJECT>Deviation.</SUBJECT>
              <SECTNO>105-1.150</SECTNO>
              <SUBJECT>Citation.</SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>39 FR 25231, July 9, 1974, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-1.000-50</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-1.1—Regulations System</HD>
            <SECTION>
              <SECTNO>§ 105-1.100</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart establishes the General Services Administration Property Management Regulations (GSPMR) and provides certain introductory material.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.101</SECTNO>
              <SUBJECT>General Services Administration Property Management Regulations.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.101-50</SECTNO>
              <SUBJECT>Exclusions.</SUBJECT>
              <P>(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:</P>
              <P>(1) Subject matter that bears a security classification;</P>
              <P>(2) Policies and procedures that are expected to be effective for a period of less than 6 months;</P>
              <P>(3) Policies and procedures that are effective on an experimental basis for a reasonable period;</P>
              <P>(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</P>
              <P>(5) Where speed of issuance is essential, numerous changes are required in chapter 105, and all necessary changes cannot be made promptly.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.102</SECTNO>
              <SUBJECT>Relationship of GSPMR to FPMR.</SUBJECT>
              <P>(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.</P>

              <P>(b) Implementing is the process of expanding upon the FPMR or other Government-wide regulations. <PRTPAGE P="84"/>Supplementing is the process of prescribing material for which there is no counterpart in the Government-wide regulations.</P>
              <P>(c) GSPMR may deviate from the regulations that are implemented when a deviation (see § 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.104</SECTNO>
              <SUBJECT>Publication of GSPMR.</SUBJECT>
              <P>(a) Most GSPMR are published in the <E T="04">Federal Register</E>. 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.</P>

              <P>(b) Most GSPMR are published in cumulative form in chapter 105 of title 41 of the Code of Federal Regulations. The <E T="04">Federal Register</E> and title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.106</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109</SECTNO>
              <SUBJECT>Numbering.</SUBJECT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109-50</SECTNO>
              <SUBJECT>General plan.</SUBJECT>
              <P>Chapter 105 is divided into parts, subparts, and further subdivisions as necessary.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109-51</SECTNO>
              <SUBJECT>Arrangement.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109-52</SECTNO>
              <SUBJECT>Cross-references.</SUBJECT>
              <P>(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:</P>
              <P>(1) Part 101-3;</P>
              <P>(2) Subpart 101-3.1;</P>
              <P>(3) § 101-3.413-5.</P>
              <P>(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 § 105-1.109-52(b).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.110</SECTNO>
              <SUBJECT>Deviation.</SUBJECT>
              <P>(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.</P>
              <P>(b) Requests for deviations from the FPMR shall be sent to the General Services Administration for consideration in accordance with the following:</P>

              <P>(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.<PRTPAGE P="85"/>
              </P>
              <P>(2) For class deviations, requests shall be sent to only the Administrator of General Services.</P>
              <CITA>[55 FR 1673, Jan. 18, 1990]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.150</SECTNO>
              <SUBJECT>Citation.</SUBJECT>
              <P>(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.</P>
              <P>(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).”</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-8</EAR>
          <HD SOURCE="HED">PART 105-8—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL SERVICES ADMINISTRATION</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-8.101</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-8.102</SECTNO>
            <SUBJECT>Application.</SUBJECT>
            <SECTNO>105-8.103</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-8.104—105-8.109</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.110</SECTNO>
            <SUBJECT>Self-evaluation.</SUBJECT>
            <SECTNO>105-8.111</SECTNO>
            <SUBJECT>Notice.</SUBJECT>
            <SECTNO>105-8.112—105-8.129</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.130</SECTNO>
            <SUBJECT>General prohibitions against discrimination.</SUBJECT>
            <SECTNO>105-8.131—105-8.139</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.140</SECTNO>
            <SUBJECT>Employment.</SUBJECT>
            <SECTNO>105-8.141—105-8.147</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.148</SECTNO>
            <SUBJECT>Consultation with the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <SECTNO>105-8.149</SECTNO>
            <SUBJECT>Program accessibility: Discrimination prohibited.</SUBJECT>
            <SECTNO>105-8.150</SECTNO>
            <SUBJECT>Program accessibility: Existing facilities.</SUBJECT>
            <SECTNO>105-8.150-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <SECTNO>105-8.150-2</SECTNO>
            <SUBJECT>Methods.</SUBJECT>
            <SECTNO>105-8.150-3</SECTNO>
            <SUBJECT>Time period for compliance.</SUBJECT>
            <SECTNO>105-8.150-4</SECTNO>
            <SUBJECT>Transition plan.</SUBJECT>
            <SECTNO>105-8.151</SECTNO>
            <SUBJECT>rogram accessibility: New construction and alterations.</SUBJECT>
            <SECTNO>105-8.152</SECTNO>
            <SUBJECT>Program accessibility: Assignment of space.</SUBJECT>
            <SECTNO>105-8.153</SECTNO>
            <SUBJECT>Program accessibility: Interagency cooperation.</SUBJECT>
            <SECTNO>105-8.153-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <SECTNO>105-8.153-2</SECTNO>
            <SUBJECT>Requests from occupant agencies.</SUBJECT>
            <SECTNO>105-8.154</SECTNO>
            <SUBJECT>Program accessibility: Exceptions.</SUBJECT>
            <SECTNO>105-8.155—105-8.159</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.160</SECTNO>
            <SUBJECT>Communications.</SUBJECT>
            <SECTNO>105-8.161—105-8.169</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.170</SECTNO>
            <SUBJECT>Compliance procedures.</SUBJECT>
            <SECTNO>105-8.170-1</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <SECTNO>105-8.170-2</SECTNO>
            <SUBJECT>Employment complaints.</SUBJECT>
            <SECTNO>105-8.170-3</SECTNO>
            <SUBJECT>Responsible Official.</SUBJECT>
            <SECTNO>105-8.170-4</SECTNO>
            <SUBJECT>Filing a complaint.</SUBJECT>
            <SECTNO>105-8.170-5</SECTNO>
            <SUBJECT>Notification to the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <SECTNO>105-8.170-6</SECTNO>
            <SUBJECT>Acceptance of complaint.</SUBJECT>
            <SECTNO>105-8.170-7</SECTNO>
            <SUBJECT>Investigation/conciliation.</SUBJECT>
            <SECTNO>105-8.170-8</SECTNO>
            <SUBJECT>Letter of findings.</SUBJECT>
            <SECTNO>105-8.170-9</SECTNO>
            <SUBJECT>Filing an appeal.</SUBJECT>
            <SECTNO>105-8.170-10</SECTNO>
            <SUBJECT>Acceptance of appeals.</SUBJECT>
            <SECTNO>105-8.170-11</SECTNO>
            <SUBJECT>Hearing.</SUBJECT>
            <SECTNO>105-8.170-12</SECTNO>
            <SUBJECT>Decision.</SUBJECT>
            <SECTNO>105-8.170-13</SECTNO>
            <SUBJECT>Delegation.</SUBJECT>
            <SECTNO>105-8.171</SECTNO>
            <SUBJECT>Complaints against an occupant agency.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>29 U.S.C. 794.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>56 FR 9871, Mar. 8, 1991, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-8.101</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.102</SECTNO>
            <SUBJECT>Application.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.103</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>For purposes of this part, the term—</P>
            <P>
              <E T="03">Agency</E> means the General Services Administration (GSA), except when the context indicates otherwise.</P>
            <P>
              <E T="03">Assistant Attorney General</E> means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.</P>
            <P>
              <E T="03">Auxiliary aids</E> 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 <PRTPAGE P="86"/>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.</P>
            <P>
              <E T="03">Complete complaint</E> 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.</P>
            <P>
              <E T="03">Facility</E> means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property.</P>
            <P>
              <E T="03">Historic preservation program</E> means programs conducted by the agency that have preservation of historic properties as a primary purpose.</P>
            <P>
              <E T="03">Historic properties</E> 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.</P>
            <P>
              <E T="03">Individual with handicaps</E> 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:</P>
            <P>(1) <E T="03">Physical or mental impairment</E> includes—</P>
            <P>(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</P>
            <P>(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.</P>
            <P>(2) <E T="03">Major life activities</E> includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.</P>
            <P>(3) <E T="03">Has a record of such an impairment</E> 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.</P>
            <P>(4) <E T="03">Is regarded as having an impairment</E> means—</P>
            <P>(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;</P>
            <P>(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</P>
            <P>(iii) Has none of the impairments defined in paragraph (a) of this definition but is treated by the agency as having such an impairment.</P>
            <P>
              <E T="03">Official or Responsible Official</E> means the Director of the Civil Rights Division of the General Services Administration or his or her designee.</P>
            <P>
              <E T="03">Qualified individual with handicaps</E> means—</P>
            <P>(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;</P>

            <P>(2) With respect to any other program or activity, an individual with handicaps who meets the essential eligibility requirements for participation <PRTPAGE P="87"/>in, or receipt of benefits from, that program or activity; and</P>
            <P>(3) <E T="03">Qualified handicapped person</E> as that term is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this part by § 105-8.140.</P>
            <P>
              <E T="03">Respondent</E> means the organizational unit in which a complainant alleges that discrimination occurred.</P>
            <P>
              <E T="03">Section 504</E> 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.</P>
            <P>
              <E T="03">Substantial impairment</E> means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration of historic properties.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.104—105-8.109</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.110</SECTNO>
            <SUBJECT>Self-evaluation.</SUBJECT>
            <P>(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.</P>
            <P>(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).</P>
            <P>(c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:</P>
            <P>(1) A list of interested persons consulted;</P>
            <P>(2) A description of the areas examined and any problems identified and;</P>
            <P>(3) A description of any modifications made or to be made.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.111</SECTNO>
            <SUBJECT>Notice.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.112—105-8.129</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.130</SECTNO>
            <SUBJECT>General prohibitions against discrimination.</SUBJECT>
            <P>(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.</P>
            <P>(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—</P>
            <P>(i) Deny a qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, or service;</P>
            <P>(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;</P>
            <P>(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;</P>

            <P>(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 <PRTPAGE P="88"/>provide qualified individuals with handicaps with aid, benefits, or services that are as effective as those provided to others;</P>
            <P>(v) Deny a qualified individual with handicaps the opportunity to participate as a member of planning or advisory boards; or</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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—</P>
            <P>(i) Subject qualified individuals with handicaps to discrimination on the basis of handicap; or</P>
            <P>(ii) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to individuals with handicaps.</P>
            <P>(4) The agency may not, in determining the site or location of a facility, make selections the purpose or effect of which would—</P>
            <P>(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</P>
            <P>(ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to individuals with handicaps.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(c) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with handicaps.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.131—105-8.139</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.140</SECTNO>
            <SUBJECT>Employment.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.141—105-8.147</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.148</SECTNO>
            <SUBJECT>Consultation with the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.149</SECTNO>
            <SUBJECT>Program accessibility: Discrimination prohibited.</SUBJECT>

            <P>Except as otherwise provided in §§ 105-8.150 and 105-8.154, no qualified individual with handicaps shall, because <PRTPAGE P="89"/>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150</SECTNO>
            <SUBJECT>Program accessibility: Existing facilities.</SUBJECT>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <P>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—</P>
            <P>(a) Necessarily require the agency to make each of its existing facilities accessible to and usable by individuals with handicaps; or</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-2</SECTNO>
            <SUBJECT>Methods.</SUBJECT>
            <P>(a) <E T="03">General</E>. The agency may comply with the requirements of § 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.</P>
            <P>(b) <E T="03">Historic preservation programs</E>. In meeting the requirements of § 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 §§ 105-8.105-1(b) or 105-8.154 alternative methods of achieving program accessibility include—</P>
            <P>(1) Using audio-visual materials and devices to depict those portions of a historic property that cannot otherwise be made accessible;</P>
            <P>(2) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or</P>
            <P>(3) Adopting other innovative methods.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-3</SECTNO>
            <SUBJECT>Time period for compliance.</SUBJECT>
            <P>The agency shall comply with the obligations established under § 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-4</SECTNO>
            <SUBJECT>Transition plan.</SUBJECT>
            <P>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—</P>

            <P>(a) Identify physical obstacles in the facilities occupied by GSA that limit the accessibility of its programs or activities to individuals with handicaps;<PRTPAGE P="90"/>
            </P>
            <P>(b) Describe in detail the methods that will be used to make the facilities accessible;</P>
            <P>(c) Specify the schedule for taking the steps necessary to achieve compliance with § 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</P>
            <P>(d) Indicate the official responsible for implementation of the plan.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.151</SECTNO>
            <SUBJECT>Program accessibility: New construction and alterations.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105.8.152</SECTNO>
            <SUBJECT>Program accessibility: Assignment of space.</SUBJECT>
            <P>(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.</P>
            <P>(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:</P>
            <P>(1) Arrange for alterations, improvements, and repairs to buildings and facilities;</P>
            <P>(2) Locate and provide alternative space that will not result in one or more of the agency's programs being inaccessible; or</P>
            <P>(3) Take any other actions that result in making this agency's programs accessible.</P>
            <FP>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.</FP>
            <P>(c) GSA may not require the agency to accept space that results in one or more of the agency's programs being inaccessible.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.153</SECTNO>
            <SUBJECT>Program accessibility: Interagency cooperation.</SUBJECT>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.153-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.153-2</SECTNO>
            <SUBJECT>Requests from occupant agencies.</SUBJECT>
            <P>(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.</P>

            <P>(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 <PRTPAGE P="91"/>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.</P>
            <P>(c) If GSA determines that it is unable to take the requested action, GSA shall—</P>
            <P>(1) Within 30 days, set forth in writing to the requesting agency the reasons for denying the agency's request, and</P>
            <P>(2) Within 90 days, propose to the requesting agency other methods for making the agency's program accessible.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.154</SECTNO>
            <SUBJECT>Program accessibility: Exceptions.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.155—105-8.159</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.160</SECTNO>
            <SUBJECT>Communications.</SUBJECT>
            <P>(a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public.</P>
            <P>(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.</P>
            <P>(i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps.</P>
            <P>(ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>

            <P>(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 § 150.8.160 would result in such alteration or burdens. <PRTPAGE P="92"/>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 § 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.161—105-8.169</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170</SECTNO>
            <SUBJECT>Compliance procedures.</SUBJECT>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-1</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <P>Except as provided in § 105-8.170-2, §§ 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-2</SECTNO>
            <SUBJECT>Employment complaints.</SUBJECT>
            <P>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).</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-3</SECTNO>
            <SUBJECT>Responsible Official.</SUBJECT>
            <P>The Responsible Official shall coordinate implementation of §§ 105-8.170 through 105-8.170-13.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-4</SECTNO>
            <SUBJECT>Filing a complaint.</SUBJECT>
            <P>(a) <E T="03">Who may file a complaint.</E> 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.</P>
            <P>(b) <E T="03">Confidentiality.</E> 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.</P>
            <P>(c) <E T="03">When to file.</E> 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.</P>
            <P>(d) <E T="03">How to file.</E> Complaints may be delivered or mailed to the Administrator, the Responsibile 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 immediatley.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-5</SECTNO>
            <SUBJECT>Notification to the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-6</SECTNO>
            <SUBJECT>Acceptance of complaint.</SUBJECT>

            <P>(a) The Official shall accept a complete complaint that is filed in accordance with § 105-8.170-4 and over which the agency has jurisdiction. The Official shall notify the complainant and <PRTPAGE P="93"/>the respondent of receipt and acceptance of the complaint.</P>
            <P>(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.</P>
            <P>(c) The Official may reject a complaint, or a position thereof, for any of the following reasons:</P>
            <P>(1) It was not filed timely and the extension of the 180-day period as provided in § 105-8.170-4(c) is denied;</P>
            <P>(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</P>
            <P>(3) It is not within the purview of this part.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-7</SECTNO>
            <SUBJECT>Investigation/conciliation.</SUBJECT>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-8</SECTNO>
            <SUBJECT>Letter of findings.</SUBJECT>
            <P>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:</P>
            <P>(a) Findings of fact and conclusions of law;</P>
            <P>(b) A description of a remedy for each violation found;</P>
            <P>(c) A notice of the right of the complainant and the respondent to appeal to the Special Counsel for Ethics and Civil Rights; and</P>
            <P>(d) A notice of the right of the complainant and the respondent to request a hearing.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-9</SECTNO>
            <SUBJECT>Filing an appeal.</SUBJECT>

            <P>(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 <PRTPAGE P="94"/>respondent with the Responsible Official within 30 days of receipt of the letter of findings required by</P>
            <FP>§ 105-8.170-7.</FP>
            <P>(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 § 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.</P>
            <P>(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.</P>
            <P>(d) If neither party files an appeal within the time prescribed in § 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-10</SECTNO>
            <SUBJECT>Acceptance of appeals.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-11</SECTNO>
            <SUBJECT>Hearing.</SUBJECT>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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—</P>
            <P>(1) Arrange and change the date, time, and place of hearings and prehearing conferences and issue notices thereof;</P>
            <P>(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;</P>
            <P>(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;</P>
            <P>(4) Examine witnesses and direct witnesses to testify;</P>
            <P>(5) Receive, rule on, exclude, or limit evidence;</P>
            <P>(6) Rule on procedural items pending before him or her; and</P>
            <P>(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).</P>

            <P>(d) Technical rules of evidence shall not apply to hearings conducted pursuant to § 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.<PRTPAGE P="95"/>
            </P>
            <P>(e) The costs and expenses for the conduct of a hearing shall be allocated as follows:</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(3) The fees and expenses of other persons called to testify at a hearing shall be paid by the party requesting their appearance.</P>
            <P>(4) The ALJ may require the agency to pay travel expenses necessary for the complainant to attend the hearing.</P>
            <P>(5) The respondent shall pay the required expenses and charges for the ALJ and court reporter.</P>
            <P>(6) All other expenses shall be paid by the party, the intervening party, or amicus curiae incurring them.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-12</SECTNO>
            <SUBJECT>Decision.</SUBJECT>
            <P>(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 § 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.</P>
            <P>(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—</P>
            <P>(1) The manner in which compliance with the provisions of the decision has been achieved;</P>
            <P>(2) The reasons any action required by the final decision has not yet been taken; and</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-13</SECTNO>
            <SUBJECT>Delegation.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.171</SECTNO>
            <SUBJECT>Complaints against an occupant agency.</SUBJECT>

            <P>(a) Upon notification by an occupant agency that it has received a complete complaint alleging that the agency's <PRTPAGE P="96"/>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.</P>
            <P>(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.</P>
            <P>(c) Receipt of a copy of the complete complaint by GSA shall constitute notification to GSA for purposes of § 105-8.171(a).</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-50</EAR>
          <HD SOURCE="HED">PART 105-50—PROVISION OF SPECIAL OR TECHNICAL SERVICES TO STATE AND LOCAL UNITS OF GOVERNMENT</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-50.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SECTNO>105-50.001</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-50.001-1</SECTNO>
            <SUBJECT>State.</SUBJECT>
            <SECTNO>105-50.001-2</SECTNO>
            <SUBJECT>Political subdivision or local government.</SUBJECT>
            <SECTNO>105-50.001-3</SECTNO>
            <SUBJECT>Unit of general local government.</SUBJECT>
            <SECTNO>105-50.001-4</SECTNO>
            <SUBJECT>Special-purpose unit of local government.</SUBJECT>
            <SECTNO>105-50.001-5</SECTNO>
            <SUBJECT>Specialized or technical services.</SUBJECT>
            <SECTNO>105-50.001-6</SECTNO>
            <SUBJECT>GSA.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.1—General Provisions</HD>
              <SECTNO>105-50.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <SECTNO>105-50.102</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-50.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <SECTNO>105-50.104</SECTNO>
              <SUBJECT>Limitations.</SUBJECT>
              <SECTNO>105-50.105</SECTNO>
              <SUBJECT>Coordination of requests.</SUBJECT>
              <SECTNO>105-50.106</SECTNO>
              <SUBJECT>GSA response to requests.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.2—Services Available From General Services Administration</HD>
              <SECTNO>105-50.201</SECTNO>
              <SUBJECT>Agencywide mission.</SUBJECT>
              <SECTNO>105-50.202</SECTNO>
              <SUBJECT>Specific services.</SUBJECT>
              <SECTNO>105-50.202-1</SECTNO>
              <SUBJECT>Copies of statistical or other studies.</SUBJECT>
              <SECTNO>105-50.202-2</SECTNO>
              <SUBJECT>Preparation of or assistance in the conduct of statistical or other studies.</SUBJECT>
              <SECTNO>105-50.202-3</SECTNO>
              <SUBJECT>Training.</SUBJECT>
              <SECTNO>105-50.202-4</SECTNO>
              <SUBJECT>Technical assistance incident to Federal surplus personal property.</SUBJECT>
              <SECTNO>105-50.202-5</SECTNO>
              <SUBJECT>Data processing services.</SUBJECT>
              <SECTNO>105-50.202-6</SECTNO>
              <SUBJECT>Communications services.</SUBJECT>
              <SECTNO>105-50.202-7</SECTNO>
              <SUBJECT>Technical information and advice.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.3—Principles Governing Reimbursements to GSA</HD>
              <SECTNO>105-50.301</SECTNO>
              <SUBJECT>Established fees.</SUBJECT>
              <SECTNO>105-50.302</SECTNO>
              <SUBJECT>Special fee schedules.</SUBJECT>
              <SECTNO>105-50.303</SECTNO>
              <SUBJECT>Cost basis in lieu of fees.</SUBJECT>
              <SECTNO>105-50.304</SECTNO>
              <SUBJECT>Services provided through revolving funds.</SUBJECT>
              <SECTNO>105-50.304a</SECTNO>
              <SUBJECT>Deposits.</SUBJECT>
              <SECTNO>105-50.305</SECTNO>
              <SUBJECT>Exemptions.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.4—Reports</HD>
              <SECTNO>105-50.401</SECTNO>
              <SUBJECT>Reports submitted to the Congress.</SUBJECT>
              <SECTNO>105-50.402</SECTNO>
              <SUBJECT>Reports submitted to the Office of Management and Budget. </SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec. 302, 82 Stat. 1102; 42 U.S.C. 4222.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>41 FR 21451, May 26, 1976, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-50.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>The following definitions are established for terms used in this part.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-1</SECTNO>
            <SUBJECT>State.</SUBJECT>
            <P>
              <E T="03">State</E> 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-2</SECTNO>
            <SUBJECT>Political subdivision or local government.</SUBJECT>
            <P>
              <E T="03">Political subdivision</E> or <E T="03">local government</E> 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.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="97"/>
            <SECTNO>§ 105-50.001-3</SECTNO>
            <SUBJECT>Unit of general local government.</SUBJECT>
            <P>
              <E T="03">Unit of general local government</E> means any city, county, town, parish, village, or other general purpose political subdivision of a State.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-4</SECTNO>
            <SUBJECT>Special-purpose unit of local government.</SUBJECT>
            <P>
              <E T="03">Special-purpose unit of local government</E> means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-5</SECTNO>
            <SUBJECT>Specialized or technical services.</SUBJECT>
            <P>
              <E T="03">Specialized or technical services</E> 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-6</SECTNO>
            <SUBJECT>GSA.</SUBJECT>
            <P>
              <E T="03">GSA</E> means the General Services Administration.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-50.1—General Provisions</HD>
            <SECTION>
              <SECTNO>§ 105-50.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>

              <P>(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:
              </P>
              <EXTRACT>
                <P>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. </P>
              </EXTRACT>
              
              <P>(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).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.102</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <P>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 § 105-50.104.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.104</SECTNO>
              <SUBJECT>Limitations.</SUBJECT>
              <P>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:</P>
              <P>(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.</P>
              <P>(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 § 105-50.105.</P>
              <P>(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.</P>

              <P>(d) Such services will not be provided if they require any additions of staff or <PRTPAGE P="98"/>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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.105</SECTNO>
              <SUBJECT>Coordination of requests.</SUBJECT>
              <P>(a) All inquiries of a general nature concerning services GSA can provide shall be addressed to the General Services Administration (BR), Washington, D.C. 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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.106</SECTNO>
              <SUBJECT>GSA response to requests.</SUBJECT>
              <P>(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.</P>
              <P>(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 § 105-50.401.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-50.2—Services Available From General Services Administration</HD>
            <SECTION>
              <SECTNO>§ 105-50.201</SECTNO>
              <SUBJECT>Agencywide mission.</SUBJECT>
              <P>(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.</P>

              <P>(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 § 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 <PRTPAGE P="99"/>Documents, Government Printing Office, Washington, DC 20402.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202</SECTNO>
              <SUBJECT>Specific services.</SUBJECT>
              <P>Within the functional areas identified in § 105-50.201, GSA can provide the services hereinafter described.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-1</SECTNO>
              <SUBJECT>Copies of statistical or other studies.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-2</SECTNO>
              <SUBJECT>Preparation of or assistance in the conduct of statistical or other studies.</SUBJECT>
              <P>(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.</P>
              <P>(b) Specific areas in which GSA can conduct or participate in the conduct of studies include:</P>
              <P>(1) Space management, including assignment and utilization;</P>
              <P>(2) Supply management, including laboratory tests and evaluations;</P>
              <P>(3) Management of motor vehicles;</P>
              <P>(4) Archives and records management;</P>
              <P>(5) Automatic data processing systems; and</P>
              <P>(6) Telecommunications and teleprocessing systems and services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-3</SECTNO>
              <SUBJECT>Training.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-4</SECTNO>
              <SUBJECT>Technical assistance incident to Federal surplus personal property.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-5</SECTNO>
              <SUBJECT>Data processing services.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-6</SECTNO>
              <SUBJECT>Communications services.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-7</SECTNO>
              <SUBJECT>Technical information and advice.</SUBJECT>
              <P>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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <PRTPAGE P="100"/>
            <HD SOURCE="HED">Subpart 105-50.3—Principles Governing Reimbursements to GSA</HD>
            <SECTION>
              <SECTNO>§ 105-50.301</SECTNO>
              <SUBJECT>Established fees.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.302</SECTNO>
              <SUBJECT>Special fee schedules.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.303</SECTNO>
              <SUBJECT>Cost basis in lieu of fees.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.304</SECTNO>
              <SUBJECT>Services provided through revolving funds.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.304a</SECTNO>
              <SUBJECT>Deposits.</SUBJECT>
              <P>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).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.305</SECTNO>
              <SUBJECT>Exemptions.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-50.4—Reports</HD>
            <SECTION>
              <SECTNO>§ 105-50.401</SECTNO>
              <SUBJECT>Reports submitted to the Congress.</SUBJECT>
              <P>(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.</P>

              <P>(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:<PRTPAGE P="101"/>
              </P>
              <P>(1) A brief description of the services provided, including any other pertinent data;</P>
              <P>(2) The State and/or local unit of government involved; and</P>
              <P>(3) The cost of GSA to provide the service, including the amount of reimbursement, if any, made by the benefitting government.</P>
              <P>(c) Reports Control Symbol LAW-27-OA is assigned to this report.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.402</SECTNO>
              <SUBJECT>Reports submitted to the Office of Management and Budget.</SUBJECT>
              <P>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.</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-51</EAR>
          <HD SOURCE="HED">PART 105-51—UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS</HD>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>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).</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 105-51.001</SECTNO>
            <SUBJECT>Uniform relocation assistance and real property acquisition.</SUBJECT>
            <P>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.</P>
            <CITA>[52 FR 48024, Dec. 17, 1987; 54 FR 8913, Mar. 2, 1989]</CITA>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-53</EAR>
          <HD SOURCE="HED">PART 105-53—STATEMENT OF ORGANIZATION AND FUNCTIONS</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-53.100</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECTNO>105-53.110</SECTNO>
              <SUBJECT>Creation and authority.</SUBJECT>
              <SECTNO>105-53.112</SECTNO>
              <SUBJECT>General statement of functions.</SUBJECT>
              <SECTNO>105-53.114</SECTNO>
              <SUBJECT>General statement of organization.</SUBJECT>
              <SECTNO>105-53.116</SECTNO>
              <SUBJECT>General regulations.</SUBJECT>
              <SECTNO>105-53.118</SECTNO>
              <SUBJECT>Locations of material available for public inspection.</SUBJECT>
              <SECTNO>105-53.120</SECTNO>
              <SUBJECT>Address and telephone numbers.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Central Offices</HD>
              <SECTNO>105-53.130</SECTNO>
              <SUBJECT>Office of the Administrator.</SUBJECT>
              <SECTNO>105-53.130-1</SECTNO>
              <SUBJECT>[Reserved]</SUBJECT>
              <SECTNO>105-53.130-2</SECTNO>
              <SUBJECT>Office of Ethics and Civil Rights.</SUBJECT>
              <SECTNO>105-53.130-3</SECTNO>
              <SUBJECT>Office of the Executive Secretariat.</SUBJECT>
              <SECTNO>105-53.130-4</SECTNO>
              <SUBJECT>Office of Small and Disadvantaged Business Utilization.</SUBJECT>
              <SECTNO>105-53.131</SECTNO>
              <SUBJECT>Office of Inspector General.</SUBJECT>
              <SECTNO>105-53.132</SECTNO>
              <SUBJECT>GSA Board of Contract Appeals.</SUBJECT>
              <SECTNO>105-53.133</SECTNO>
              <SUBJECT>Information Security Oversight Office.</SUBJECT>
              <SECTNO>105-53.134</SECTNO>
              <SUBJECT>Office of Administration.</SUBJECT>
              <SECTNO>105-53.135</SECTNO>
              <SUBJECT>[Reserved]</SUBJECT>
              <SECTNO>105-53.136</SECTNO>
              <SUBJECT>Office of Congressional Affairs</SUBJECT>
              <SECTNO>105-53.137</SECTNO>
              <SUBJECT>Office of Acquisition Policy.</SUBJECT>
              <SECTNO>105-53.138</SECTNO>
              <SUBJECT>Office of General Counsel.</SUBJECT>
              <SECTNO>105-53.139</SECTNO>
              <SUBJECT>Office of the Comptroller.</SUBJECT>
              <SECTNO>105-53.140</SECTNO>
              <SUBJECT>Office of Operations and Industry Relations.</SUBJECT>
              <SECTNO>105-53.141</SECTNO>
              <SUBJECT>Office of Policy Analysis.</SUBJECT>
              <SECTNO>105-53.142</SECTNO>
              <SUBJECT>Office of Public Affairs.</SUBJECT>
              <SECTNO>105-53.143</SECTNO>
              <SUBJECT>Information Resources Management Service.</SUBJECT>
              <SECTNO>105-53.144</SECTNO>
              <SUBJECT>Federal Property Resources Service.</SUBJECT>
              <SECTNO>105-53.145</SECTNO>
              <SUBJECT>Federal Supply Service.</SUBJECT>
              <SECTNO>105-53.146</SECTNO>
              <SUBJECT>[Reserved]</SUBJECT>
              <SECTNO>105-53.147</SECTNO>
              <SUBJECT>Public Buildings Service.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Regional Offices</HD>
              <SECTNO>105-53.150</SECTNO>
              <SUBJECT>Organization and functions.</SUBJECT>
              <SECTNO>105-53.151</SECTNO>
              <SUBJECT>Geographic composition, addresses, and telephone numbers. </SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>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).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>48 FR 25200, June 6, l983, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-53.100</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>This part is published in accordance with 5 U.S.C. 552 and is a general description of the General Services Administration.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart A—General</HD>
            <SECTION>
              <SECTNO>§ 105-53.110</SECTNO>
              <SUBJECT>Creation and authority.</SUBJECT>

              <P>The General Services Administration was established by section 101 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), effective July 1, 1949. The act consolidated <PRTPAGE P="102"/>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.112</SECTNO>
              <SUBJECT>General statement of functions.</SUBJECT>
              <P>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.</P>
              <CITA>[54 FR 26741, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.114</SECTNO>
              <SUBJECT>General statement of organization.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.116</SECTNO>
              <SUBJECT>General regulations.</SUBJECT>
              <P>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.</P>
              <CITA>[49 FR 24995, June 19, 1984]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.118</SECTNO>
              <SUBJECT>Locations of material available for public inspection.</SUBJECT>
              <P>GSA maintains reading rooms containing materials available for public inspection and copying at the following locations:</P>
              <P>(a) General Services Administration, 18th &amp; F Streets, NW., Library (Room 1033), Washington, DC 20405. Telephone 202-535-7788.</P>
              <P>(b) Business Service Center, General Services Administration, 10 Causeway Street, Boston, MA 02222. Telephone: 617-565-8100.</P>
              <P>(c) Business Service Center, General Services Administration, 26 Federal Plaza, NY, NY 10278. Telephone: 212-264-1234.</P>
              <P>(d) Business Service Center, General Services Administration, Seventh &amp; D Streets, SW., Room 1050, Washington, DC 20407. Telephone: 202-472-1804.</P>
              <P>(e) Business Service Center, General Services Administration, Ninth &amp; Market Streets, Room 5151, Philadelphia, PA 19107. Telephone: 215-597-9613.</P>
              <P>(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.</P>
              <P>(g) Business Service Center, General Services Administration, 230 South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5383.</P>
              <P>(h) Business Service Center, General Services Administration, 1500 East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7203.</P>
              <P>(i) Business Service Center, General Services Administration, 819 Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-3284.</P>
              <P>(j) Business Service Center, General Services Administration, Denver Federal Center, Denver, CO 80225. Telephone: 303-236-7408.</P>
              <P>(k) Business Service Center, General Services Administration, 525 Market Street, San Francisco, CA 94105. Telephone: 415-974-9000.</P>

              <P>(l) Business Service Center, General Services Administration, 300 North Los Angeles Street, Room 3259, Los Angeles, CA 90012. Telephone: 213-688-3210.<PRTPAGE P="103"/>
              </P>
              <P>(m) Business Service Center, General Services Administration, GSA Center, Auburn, WA 98001. Telephone: 206-931-7957.</P>
              <CITA>[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]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.120</SECTNO>
              <SUBJECT>Address and telephone numbers.</SUBJECT>
              <P>The Office of the Administrator; Office of Ethics and Civil Rights; Office of the Executive Secretariat; Office of Small and Disadvantaged Business Utilization; Office of Inspector General; GSA Board of Contract Appeals; Information Security Oversight Office; Office of Administration; Office of Congressional Affairs; Office of Acquisition Policy; Office of General Counsel; Office of the Comptroller; Office of Operations and Industry Relations; Office of Policy Analysis; Office of Public Affairs; Information Resources Management Service; Federal Property Resources Service; and Public Buildings Service are located at 18th and F Streets NW., Washington, DC 20405. The Federal Supply Service is located at Crystal Mall Building 4, 1941 Jefferson Davis Highway, Arlington, VA, however, the mailing address is Washington, DC 20406. The telephone number for the above addresses is 202-472-1082. The addresses of the eleven regional offices are provided in § 105-53.151.</P>
              <CITA>[54 FR 26741, June 26, 1989]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart B—Central Offices</HD>
            <SECTION>
              <SECTNO>§ 105-53.130</SECTNO>
              <SUBJECT>Office of the Administrator.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-1</SECTNO>
              <RESERVED>[Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-2</SECTNO>
              <SUBJECT>Office of Ethics and Civil Rights.</SUBJECT>
              <P>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.</P>
              <CITA>[53 FR 23761, June 24, 1988]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-3</SECTNO>
              <SUBJECT>Office of the Executive Secretariat.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-4</SECTNO>
              <SUBJECT>Office of Small and Disadvantaged Business Utilization.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> 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.</P>
              <P>(b) <E T="03">Functions.</E> 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 issuance of policy direction and guidance. The office provides information, assistance, and counseling to business concerns, including small businesses, <PRTPAGE P="104"/>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.131</SECTNO>
              <SUBJECT>Office of Inspector General.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> 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.</P>
              <P>(b) <E T="03">Functions.</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.132</SECTNO>
              <SUBJECT>GSA Board of Contract Appeals.</SUBJECT>
              <P>(a) <E T="03">Creation and Authority.</E> The GSA Board of Contract Appeals (GSBCA), headed by the Chairman, GSA Board of Contract Appeals, was established on February 28, 1979, by the Administrator of General Services as an independent administrative/judicial tribunal under the provisions of the Contract Disputes Act of 1978 (Pub. L. 95-563). The Board was granted additional authority pursuant to the Brooks Act, 40 U.S.C. 759(f) (Pub. L. 99-591).</P>
              <P>(b) <E T="03">Functions.</E> The GSBCA hears, considers, and decides disputes between contractors and GSA and other executive departments, agencies, and commissions under the provisions of the Contract Disputes Act of 1978, the “Disputes” clause of contracts, and in connection with contract related claims. The Board furnishes hearing examiners for the Suspension and Debarment Board which serves as the factfinder in suspension and proposed debarment matters. The Suspension and Debarment Board provides the suspending official with a determination as to whether adequate evidence exists to support the cause for suspension, delivers written findings of fact to the debarring official which resolve any facts in dispute based on a preponderance of the evidence and determines whether a cause for debarment exists. The Board also serves as an ad hoc body convened to consider any other type of dispute, including appeals involving violations of post-Federal employment restrictions pursuant to the Ethics in Govenment Act of 1978. Additionally, the Board hears, considers, and decides ADP protests by interested parties pursuant to the Brooks Act, 40 U.S.C. 759(f).</P>
              <P>(c) <E T="03">Regulations.</E> Regulations pertaining to GSBCA programs are published in 41 CFR part 5A-60. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[48 FR 25200, June 6, 1983, as amended at 53 FR 23761, June 24, 1988]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.133</SECTNO>
              <SUBJECT>Information Security Oversight Office.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> The Information Security Oversight Office (ISOO), headed by the Director of 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.</P>
              <P>(b) <E T="03">Functions.</E> 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.<PRTPAGE P="105"/>
              </P>
              <P>(c) <E T="03">Regulations.</E>
                <E T="11">Regulations pertaining to ISOO Programs are published in 32 CFR chapter XX, part 2000</E>
                <E T="03">et seq</E>.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.134</SECTNO>
              <SUBJECT>Office of Administration.</SUBJECT>
              <P>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.</P>
              <CITA>[54 FR 26741, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.135</SECTNO>
              <RESERVED>[Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.136</SECTNO>
              <SUBJECT>Office of Congressional Affairs.</SUBJECT>
              <P>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.</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.137</SECTNO>
              <SUBJECT>Office of Acquisition Policy.</SUBJECT>
              <P>(a) <E T="03">Functions.</E> 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.</P>
              <P>(b) <E T="03">Regulations.</E> 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 § 105-53.116.</P>
              <CITA>[52 FR 23657, June 24, 1987]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.138</SECTNO>
              <SUBJECT>Office of General Counsel.</SUBJECT>
              <P>
                <E T="13">Functions.</E> 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 Board of Contract Appeals; drafts legislation proposed by GSA; 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.139</SECTNO>
              <SUBJECT>Office of the Comptroller.</SUBJECT>
              <P>(a) <E T="03">Functions.</E> 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.</P>
              <P>(b) <E T="03">Regulations.</E> Regulations pertaining to the Office of the Comptroller's programs are published in 41 CFR <PRTPAGE P="106"/>part 101-2. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[51 FR 23230, June 26, 1986, as amended at 53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.140</SECTNO>
              <SUBJECT>Office of Operations and Industry Relations.</SUBJECT>
              <P>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.</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.141</SECTNO>
              <SUBJECT>Office of Policy Analysis.</SUBJECT>
              <P>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.</P>
              <CITA>[51 FR 23230, June 26, 1986]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.142</SECTNO>
              <SUBJECT>Office of Public Affairs.</SUBJECT>
              <P>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.</P>
              <CITA>[51 FR 23230, June 26, 1986]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.143</SECTNO>
              <SUBJECT>Information Resources Management Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> 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.</P>
              <P>(b) <E T="03">Functions.</E> 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 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.</P>
              <P>(c) <E T="03">Regulations.</E> 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 § 105-53.116.</P>
              <CITA>[51 FR 23230, June 26, 1986, as amended at 52 FR 23657, June 24, 1987]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.144</SECTNO>
              <SUBJECT>Federal Property Resources Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> 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.<PRTPAGE P="107"/>
              </P>
              <P>(b) <E T="03">Functions</E>. FPRS is responsible for utilization surveys of Federal real property holdings; the reuse of excess real property; and the disposal of surplus real property.</P>
              <P>(c) <E T="03">Regulations.</E> 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 § 105-53.116</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.145</SECTNO>
              <SUBJECT>Federal Supply Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> 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.</P>
              <P>(b) <E T="03">Functions.</E> 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.</P>
              <P>(c) <E T="03">Regulations.</E> 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 § 105-53.116.</P>
              <CITA>[49 FR 24996, June 19, 1984, as amended at 51 FR 23230, June 26, 1986]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.146</SECTNO>
              <RESERVED>[Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.147</SECTNO>
              <SUBJECT>Public Buildings Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> 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.</P>
              <P>(b) <E T="03">Functions.</E> 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 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.</P>
              <P>(c) <E T="03">Regulations.</E> 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 § 105-53.116.</P>
              <CITA>[48 FR 25200, June 6, 1983, as amended at 49 FR 24996, June 19, 1984; 52 FR 23658, June 24, 1987]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <PRTPAGE P="108"/>
            <HD SOURCE="HED">Subpart C—Regional Offices</HD>
            <SECTION>
              <SECTNO>§ 105-53.150</SECTNO>
              <SUBJECT>Organization and functions.</SUBJECT>
              <P>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 § 105-53.151.</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.151</SECTNO>
              <SUBJECT>Geographic composition, addresses, and telephone numbers.</SUBJECT>
            </SECTION>
            <SUBJGRP>
              <HD SOURCE="HED">Regional Offices—General Services Administration</HD>
              <HD SOURCE="HD2">Region and Address</HD>
            </SUBJGRP>
          </SUBPART>
          <EXTRACT>
            <P>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.</P>
            <P>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.</P>
            <P>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.</P>
            <P>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.</P>
            <P>No. 5. (Comprising the States of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin); 230 South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5395.</P>
            <P>No. 6. (Comprising the States of Iowa, Kansas, Missouri, and Nebraska); 1500 East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7201.</P>
            <P>No. 7. (Comprising the States of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas); 819 Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-2321.</P>
            <P>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.</P>
            <P>No. 9. (Comprising Guam and the States of Arizona, California, Hawaii, and Nevada); 525 Market Street, San Francisco, CA 94105. Telephone : 415-974-9147.</P>
            <P>No. 10. (Comprising the States of Alaska, Idaho, Oregon, and Washington); GSA Center, Auburn, WA 98001. Telephone: 206-931-7000.</P>
            <P>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.</P>
          </EXTRACT>
          <CITA>[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]</CITA>
        </PART>
        <PART>
          <EAR>Pt. 105-54</EAR>
          <HD SOURCE="HED">PART 105-54 ADVISORY COMMITTEE MANAGEMENT</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-54.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-54.1—General Provisions</HD>
              <SECTNO>105-54.101</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-54.102</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-54.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <SECTNO>105-54.104</SECTNO>
              <SUBJECT>Responsibilities.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-54.2—Establishment of Advisory Committees</HD>
              <SECTNO>105-54.200</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-54.201</SECTNO>
              <SUBJECT>Proposals for establishing advisory committees.</SUBJECT>
              <SECTNO>105-54.202</SECTNO>
              <SUBJECT>Review and approval of proposals.</SUBJECT>
              <SECTNO>105-54.203</SECTNO>
              <SUBJECT>Advisory committee charters.</SUBJECT>
              <SECTNO>105-54.203-1</SECTNO>
              <SUBJECT>Preparation of charters.</SUBJECT>
              <SECTNO>105-54.203-2</SECTNO>
              <SUBJECT>Active charters file.</SUBJECT>
              <SECTNO>105-54.203-3</SECTNO>
              <SUBJECT>Submission to Library of Congress.</SUBJECT>
              <SECTNO>105-54.204</SECTNO>
              <SUBJECT>Advisory committee membership.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-54.3—Advisory Committee Procedures</HD>
              <SECTNO>105-54.300</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-54.301</SECTNO>
              <SUBJECT>Meetings.</SUBJECT>
              <SECTNO>105-54.302</SECTNO>
              <SUBJECT>Committee records and reports.</SUBJECT>
              <SECTNO>105-54.303</SECTNO>
              <SUBJECT>Fiscal and administrative provisions.</SUBJECT>
              <SECTNO>105-54.304</SECTNO>
              <SUBJECT>Cost guidelines.</SUBJECT>
              <SECTNO>105-54.305</SECTNO>
              <SUBJECT>Renewal of advisory committees.</SUBJECT>
              <SECTNO>105-54.306</SECTNO>
              <SUBJECT>Amendment of advisory committee charters.</SUBJECT>
              <SECTNO>105-54.307</SECTNO>
              <SUBJECT>Termination of advisory committees.</SUBJECT>
              <SECTNO>105-54.308</SECTNO>
              <SUBJECT>Responsibilities of the Administrator.</SUBJECT>
              <SECTNO>105-54.309</SECTNO>
              <SUBJECT>Added responsibilities of service and staff office heads and regional administrators.</SUBJECT>
              <SECTNO>105-54.310</SECTNO>
              <SUBJECT>Advisory committee duties of the GSA Committee Management Officer.</SUBJECT>
              <SECTNO>105-54.311</SECTNO>
              <SUBJECT>Complaint procedures.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="109"/>
              <HD SOURCE="HED">Subpart 105-54.4—Reports</HD>
              <SECTNO>105-54.400</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-54.401</SECTNO>
              <SUBJECT>Reports on GSA Federal Advisory Committees.</SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Pub. L. 92-463 dated October 6, 1972, as amended; and 5 U.S.C. 552.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>53 FR 40224, Oct. 14, 1988, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-54.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.1—General Provisions</HD>
            <SECTION>
              <SECTNO>§ 105-54.101</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>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:</P>
              <P>(a) An advisory committee exempted by an Act of Congress;</P>
              <P>(b) A local civic group whose primary function is to render a public service in connection with a Federal program;</P>
              <P>(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;</P>
              <P>(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;</P>
              <P>(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;</P>
              <P>(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;</P>
              <P>(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;</P>
              <P>(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 agency accepts the group's deliberations as a source of consensus advice or recommendations;</P>
              <P>(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</P>
              <P>(j) A committee composed wholly of full-time officers or employees of the Federal Government.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.102</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>(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:</P>
              <P>(1) Established by statute,</P>
              <P>(2) Established or utilized by the President, or</P>
              <P>(3) Established or utilized by any agency official to obtain advice or recommendations that are within the scope of his/her responsibilies.</P>

              <FP>The term “advisory committee” excludes the Advisory Committee on Intergovernmental Relations and any <PRTPAGE P="110"/>committees composed wholly of full-time officers or employees of the Federal Government.</FP>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(e) “Staff member” means any individual who serves in a support capacity to an advisory committee.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <P>The basic GSA policy on committee management is as follows:</P>
              <P>(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;</P>
              <P>(b) Advisory committees will not be used to administer a function that is the assigned responsibility of a service or staff office;</P>
              <P>(c) The assigned responsibility of a GSA official may not be delegated to any committee;</P>
              <P>(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</P>
              <P>(e) In carrying out its responsibilities, GSA will consult with and obtain 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.104</SECTNO>
              <SUBJECT>Responsibilities.</SUBJECT>
              <P>(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.</P>

              <P>(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 <PRTPAGE P="111"/>Committee Management Officer. The duties of the CMOs are as follows:</P>
              <P>(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</P>
              <P>(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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.2—Establishment of Advisory Committees</HD>
            <SECTION>
              <SECTNO>§ 105-54.200</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart prescribes the policy and procedures for establishing advisory committees within GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.201</SECTNO>
              <SUBJECT>Proposals for establishing advisory committees.</SUBJECT>
              <P>(a) The Administrator approves the establishment of all GSA Federal Advisory Committees.</P>
              <P>(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.</P>
              <P>(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:</P>
              <P>(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;</P>
              <P>(2) A notice for publication in the <E T="04">Federal Register</E> containing the Administrator's certification that creation of the advisory committee is in the public interest and describing the nature and purpose of the committee; and</P>
              <P>(3) A draft charter for review by the Committee Management Secretariat.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.202</SECTNO>
              <SUBJECT>Review and approval of proposals.</SUBJECT>

              <P>(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.<PRTPAGE P="112"/>
              </P>

              <P>(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 <E T="04">Federal Register</E> notice. The Officer publishes the notice in the <E T="04">Federal Register</E> at least 15 calendar days before the filing of the charter under § 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203</SECTNO>
              <SUBJECT>Advisory committee charters.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203-1</SECTNO>
              <SUBJECT>Preparation of charters.</SUBJECT>
              <P>Each committee charter contains the following information:</P>
              <P>(a) The committee's official designation;</P>
              <P>(b) The committee's objectives and the scope of its activities;</P>
              <P>(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);</P>
              <P>(d) The official to whom the committee reports, including the official's name, title, and organization;</P>
              <P>(e) The agency and office responsible for providing the necessary support for the committee;</P>
              <P>(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);</P>
              <P>(g) The estimated annual operating costs in dollars and person-years for the committee;</P>
              <P>(h) The estimated number and frequency of committee meetings;</P>
              <P>(i) The committee's termination date, if it is less than 2 years from the date of its establishment; and</P>
              <P>(j) The date the charter is filed. This date is inserted by the GSA Committee Management Officer after the Administrator approves the charter.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203-2</SECTNO>
              <SUBJECT>Active charters file.</SUBJECT>
              <P>The GSA Committee Management Officer retains each original signed charter in a file of active charters.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203-3</SECTNO>
              <SUBJECT>Submission to Library of Congress.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.204</SECTNO>
              <SUBJECT>Advisory committee membership.</SUBJECT>

              <P>(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 <PRTPAGE P="113"/>the GSA Committee Management Officer and to the Special Counsel for Ethics and Civil Rights for review and forwarding to the Administrator.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.3—Advisory Committee Procedures</HD>
            <SECTION>
              <SECTNO>§ 105-54.300</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart sets forth the procedures that will be followed in the operation of advisory committees within GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.301</SECTNO>
              <SUBJECT>Meetings.</SUBJECT>
              <P>(a) Each GSA advisory committee meeting is open to the public unless the Administrator decides otherwise;</P>
              <P>(b) Each meeting is held at a reasonable time and in a place reasonably accessible to the public;</P>
              <P>(c) The meeting room size is sufficient to accommodate committee members, committee or GSA staff, and interested members of the public;</P>
              <P>(d) Any private citizen is permitted to file a written statement with the advisory committee;</P>
              <P>(e) Any private citizen is permitted to speak at the advisory committee meeting, at the chairperson's discretion;</P>
              <P>(f) All persons attending committee meetings at which classified information will be considered are required to have an adequate security clearance;</P>
              <P>(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:</P>
              <P>(1) Approves or calls the meetings of the advisory committee;</P>
              <P>(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;</P>
              <P>(3) Attends all meetings (no part of a meeting may proceed in the Designated Federal Officer's absence);</P>
              <P>(4) Adjourns the meeting when he or she determines that adjournment is in the public interest; and</P>
              <P>(5) Chairs the meeting when asked to do so.</P>
              <P>(h) The Committee Chairperson makes sure that detailed minutes of each meeting are kept and certifies to their accuracy. The minutes include:</P>
              <P>(1) Time, date, and place;</P>
              <P>(2) A list of the following persons who were present;</P>
              <P>(i) Advisory committee members and staff;</P>
              <P>(ii) Agency employees; and</P>
              <P>(iii) Private citizens who presented oral or written statements;</P>
              <P>(3) The estimated number of private citizens present;</P>
              <P>(4) An accurate description of each matter discussed and the resolution of the matter, if any; and</P>
              <P>(5) Copies of each report or other document the committee received, issued, or approved.</P>

              <P>(i) The responsible HSSO or the Regional Administrator publishes at least 15 calendar days before the meeting a notice in the <E T="04">Federal Register</E> that includes:</P>
              <P>(1) The name of the advisory committee as chartered;</P>
              <P>(2) The time, date, place, and purpose of the meeting;</P>
              <P>(3) A summary of the agenda; and</P>
              <P>(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;</P>

              <P>(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 <E T="04">Federal Register</E>;</P>
              <P>(k) Notices to be published in the <E T="04">Federal Register</E> are submitted to the Federal Register Liaison Officer <PRTPAGE P="114"/>(CAID). At least five workdays are needed for printing of the notice;</P>

              <P>(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 <E T="04">Federal Register</E> publication;</P>

              <P>(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 <E T="04">Federal Register</E>. 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.</P>

              <P>(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 <E T="04">Federal Register</E>. 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.</P>

              <P>(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 <E T="04">Federal Register</E> no later than 60 days after its completion. In addition, copies of the report are filed with the Library of Congress.</P>
              <P>(p) The General Counsel reviews all requests to close meetings.</P>

              <P>(q) The HSSO or Regional Administrator publishes the meeting notices in the <E T="04">Federal Register,</E> including the reasons why all or part of the meeting is closed, citing the specified exemptions used from the Government in the Sunshine Act.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.302</SECTNO>
              <SUBJECT>Committee records and reports.</SUBJECT>
              <P>(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 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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="115"/>
              <SECTNO>§ 105-54.303</SECTNO>
              <SUBJECT>Fiscal and administrative provisions.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(1) In establishing compensation rates, GSA must comply with applicable statutes, regulations, Executive Orders, and administrative guidelines.</P>
              <P>(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.</P>

              <P>(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 <PRTPAGE P="116"/>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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.304</SECTNO>
              <SUBJECT>Cost guidelines.</SUBJECT>
              <P>(a) The reporting and estimating of the costs of advisory committees include direct obligations for the following items:</P>
              <P>(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.);</P>
              <P>(2) Personnel benefits associated with the above compensation (13 percent of basic payroll);</P>
              <P>(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;</P>
              <P>(4) Transportation of things, communications, and printing and reproduction;</P>
              <P>(5) Rent for additional space acquired for committee use;</P>
              <P>(6) Other services required by the committee, including data processing services, management studies and evaluations, contractual services, and reimbursable services; and</P>
              <P>(7) Supplies, materials, and equipment acquired for committee use.</P>
              <P>(b) The reporting and estimating of the cost of advisory committees does not include indirect or overhead costs; e.g., the costs of the committee management system (committee management officers, etc.).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.305</SECTNO>
              <SUBJECT>Renewal of advisory committees.</SUBJECT>
              <P>(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.)</P>
              <P>(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.</P>
              <P>(2) The renewal of a committee requires that the responsible HSSO submit to the GSA Committee Management Officer the following:</P>
              <P>(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.);</P>

              <P>(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:<PRTPAGE P="117"/>
              </P>
              <P>(A) An explanation of why the committee is essential to the conduct of agency business and is in the public interest;</P>
              <P>(B) GSA's plan to attain balanced membership of the committee; and</P>
              <P>(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;</P>
              <P>(iii) A notice for publication in the <E T="04">Federal Register</E> 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.</P>

              <P>(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 <E T="04">Federal Register</E> notice. The Officer publishes notice of the renewal in the <E T="04">Federal Register</E> 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.</P>
              <P>(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:</P>

              <P>(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 <E T="04">Federal Register</E> notice is required. Accordingly, the letter that paragraph a(2)(ii) requires is sent to the Administrator rather than the Committee Mangement 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</P>
              <P>(2) The GSA Committee Management Officer provides the Committee Management Secretariat with a copy of the filed charter.</P>
              <P>(c) An advisory commitee 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.306</SECTNO>
              <SUBJECT>Amendment of advisory committee charters.</SUBJECT>
              <P>(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 for amending the charter of an advisory committee. Amending an existing advisory committee charter does not constitute renewal of the committee.</P>
              <P>(b) To make a minor amendment, the Administrator approves the amended charter and has it filed according to § 105-54.203-1.</P>
              <P>(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 § 105-54.203-1.</P>
              <P>(d) Amending an existing charter does not constitute renewal of the committee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.307</SECTNO>
              <SUBJECT>Termination of advisory committees.</SUBJECT>

              <P>(a) The sponsoring HSSO terminates an advisory commitee 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 <PRTPAGE P="118"/>GSA Committee Management Officer, and the Committee Management Secretariat of the termination.</P>
              <P>(b) Failing to continue an advisory committee by the 2-year anniversary date terminates the committee, unless its duration is provided for by law.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.308</SECTNO>
              <SUBJECT>Responsibilities of the Administrator.</SUBJECT>
              <P>The Administrator must ensure:</P>
              <P>(a) Compliance with the Federal Advisory Committee Act and this chapter;</P>
              <P>(b) Issuance of administrative guidelines and management controls that apply to all advisory committees established or used by the agency;</P>
              <P>(c) Designation of a Committee Management Officer to carry out the functions specified in section 89(b) of the Federal Advisory Committee Act;</P>
              <P>(d) Provision of a written determination stating the reasons for closing any advisory committee meeting to the public;</P>
              <P>(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;</P>
              <P>(f) The appointment of a Designated Federal Officer for each advisory committee and its subcommittee;</P>
              <P>(g) The opportunity for reasonable public participation in advisory committee activities; and</P>
              <P>(h) That the number of committee members is limited to the fewest necessary to accomplish committee objectives.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.309</SECTNO>
              <SUBJECT>Added responsibilities of service and staff office heads and regional administrators.</SUBJECT>
              <P>(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;</P>
              <P>(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.</P>
              <P>(c) Involve key management personnel of the agency whose interests are affected by the committee in committee meetings, including reviewing reports and establishing agendas.</P>
              <P>(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.</P>
              <P>(e) Monitor the attendance and participation of committee members and consider replacing any member who misses a substantial number of scheduled meetings.</P>
              <P>(f) Establish meeting dates and distribute agendas and other materials well in advance.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.310</SECTNO>
              <SUBJECT>Advisory committee duties of the GSA Committee Management Officer.</SUBJECT>
              <P>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:</P>
              <P>(a) A set of approved charters and membership lists for each advisory committee;</P>
              <P>(b) Copies of GSA's portion of the Annual Report of Federal Advisory Committees.</P>
              <P>(c) Guidelines on committee management operations and procedures as maintained and updated; and</P>
              <P>(d) Determinations to close advisory committee meetings.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.311</SECTNO>
              <SUBJECT>Complaint procedures.</SUBJECT>
              <P>(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).)</P>

              <P>(b) Aggrieved individuals or organizations may file written complaints on <PRTPAGE P="119"/>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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.4—Reports</HD>
            <SECTION>
              <SECTNO>§ 105-54.400</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart sets forth the reports required by this part 105-54 and prescribes instructions for submission of the reports.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.401</SECTNO>
              <SUBJECT>Reports on GSA Federal Advisory Committees.</SUBJECT>
              <P>(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.</P>
              <P>(b) Reports on closed meetings are required as specified in § 105-54.301(o).</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-55</EAR>
          <HD SOURCE="HED">PART 105-55—COLLECTION OF CLAIMS OWED THE UNITED STATES</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-55.001</SECTNO>
            <SUBJECT>Background.</SUBJECT>
            <SECTNO>105-55.002</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-55.003</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <SECTNO>105-55.004</SECTNO>
            <SUBJECT>Demand for payment.</SUBJECT>
            <SECTNO>105-55.005</SECTNO>
            <SUBJECT>Interest, administrative charges, and penalty charges.</SUBJECT>
            <SECTNO>105-55.006</SECTNO>
            <SUBJECT>Responsibility for collection.</SUBJECT>
            <SECTNO>105-55.007</SECTNO>
            <SUBJECT>Collection by offset.</SUBJECT>
            <SECTNO>105-55.008</SECTNO>
            <SUBJECT>Settlement of claims.</SUBJECT>
            <SECTNO>105-55.009</SECTNO>
            <SUBJECT>Referral for litigation.</SUBJECT>
            <SECTNO>105-55.010</SECTNO>
            <SUBJECT>Disclosure to credit reporting agencies and referrals to collection agencies.</SUBJECT>
            <SECTNO>105-55.011</SECTNO>
            <SUBJECT>Credit report.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>31 U.S.C. 3701-3719; Pub. L. 97-365, 96 Stat. 1754.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>50 FR 37531, Sept. 16, 1985, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-55.001</SECTNO>
            <SUBJECT>Background.</SUBJECT>
            <P>The Department of Justice and the General Accounting Office have jointly issued amended Federal Claims Collection Standards (4 CFR parts 101-105) which reflect changes to the Federal Claims Collection Act of 1966 (31 U.S.C. 3701-3719) made by the passage of the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1754). The preamble to the amended Federal Claims Collection Standards instructs individual agencies to adopt their own regulations as to detailed procedures in furtherance of the Federal Claims Collection Standards. Additionally, the Debt Collection Act of 1982 directs, as reflected in the Federal Claims Collection Standards, that each agency must prescribe regulations on collecting by administrative offset and that each agency may prescribe regulations identifying circumstances appropriate to waive collection of interest and charges in conformity with the Federal Claims Collection Standards.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.002</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>In keeping with the suggestion in the preamble to the amended Federal Claims Collection Standards and the directives in the Debt Collection Act of 1982 and the Federal Claims Collection Standards as to administrative offset and the collection of interest and charges, this part provides procedures for the General Services Administration to collect, compromise, or terminate collection action on claims owed to the United States arising from activities under GSA jurisdiction. It implements the Federal Claims Collection Act as amended by the Debt Collection Act. It supplements the regulations published jointly by the General Accounting Office and the Department of Justice. It sets forth procedures by which GSA:</P>
            <P>(a) Will collect claims owed to the United States;</P>
            <P>(b) Will determine and collect interest and other charges on those claims;</P>
            <P>(c) Will compromise claims; and</P>
            <P>(d) Will refer unpaid claims for litigation.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.003</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>

            <P>(a) This part applies to all claims due the United States under the Federal <PRTPAGE P="120"/>Claims Collection Act, as amended by the Debt Collection Act, arising from activities under the jurisdiction of the General Services Administration, except for the collection by administrative offset of those claims arising out of contracts subject to the Contracts Disputes Act of 1982, 41 U.S.C. 601 et. seq. The word “claims” includes but is not limited to amounts due the United States from fees, overpayments, fines, civil penalties, damages, interest and other sources.</P>
            <P>(b) Claims arising from the audit of transportation accounts pursuant to 31 U.S.C. 3726 shall 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 excepted from these regulations.</P>
            <CITA>[50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8, 1987]</CITA>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.004</SECTNO>
            <SUBJECT>Demand for payment.</SUBJECT>
            <P>(a) A total of three progressively stronger written demands at approximately 30-day intervals will normally be made, unless a response or other information indicates that additional written demands would either be unnecessary or futile. When necessary to protect the Government's interest, written demand may be preceded by other appropriate actions under the Federal Claims Collection Standards, including immediate referral for litigation and/or offset.</P>
            <P>(b) The initial written demand for payment shall inform the debtor of:</P>
            <P>(1) The basis for the claim;</P>
            <P>(2) The amount of the claim;</P>
            <P>(3) The date when payment is due; (30 days from date of mailing or hand delivery of the initial demand for payment);</P>
            <P>(4) The provision for interest, penalties, and administrative charges in accordance with 31 U.S.C. 3717, if payment is not received by the due date (See § 105-55.005 for details regarding interest, administrative charges, and penalty charges.)</P>
            <P>(5) The intent of the agency to collect by administrative offset, including asking the assistance of other Federal agencies to help in the offset whenever possible, if the debtor has not made payment by the payment due date, has not requested a review of the claim within the agency as set out in paragraph (b)(8) of this section or has not made an arrangement for payment by the payment due date;</P>
            <P>(6) The right of the debtor to inspect and copy the records of the agency related to the claim. Any costs associated therewith shall be borne by the debtor. The debtor shall give reasonable notice in advance to the agency of the date upon which it intends to inspect and copy the records involved;</P>
            <P>(7) The right of the debtor to a review of the claim within the agency. If the claim is disputed in full or part, the debtor shall respond to the demand in writing by making a request for a review of the claim within the agency by the payment due date stated in the demand. The debtor's written response shall state the basis for the dispute. If only part of the claim is disputed, the undisputed portion should be paid by the date stated in the initial demand. The agency shall acknowledge receipt of the request for a review, and upon completion of consideration shall notify the debtor whether its determination has been sustained, amended, or canceled within 15 days of the receipt of the request for a review. If the agency either sustains or amends its determination, it shall notify the debtor of its intent to collect by administrative offset unless payment is received within 15 days of the mailing of the notification of its decision following a review of the claim.</P>

            <P>(8) The right of the debtor to offer to make a written agreement to repay the amount of the claim. The acceptance of such an agreement is discretionary with the agency. If the debtor requests a repayment arrangement because a payment of the amount due would create a financial hardship, the appropriate GSA Regional Finance Division will analyze the debtor's financial condition. Dependent upon the Regional Finance Division's evaluation of the financial strength of the debtor, the Comptroller or the appropriate designee and the debtor may agree to a written installment repayment schedule. The debtor shall execute a confess-judgment note which specifies all of <PRTPAGE P="121"/>the terms of the arrangement. The size and frequency of installment payments should bear a reasonable relation to the size of the debt and the debtor's ability to pay. Interest, administrative charges, and penalty charges shall be provided for in the note. The debtor shall be provided with a written explanation of the consequences of signing a confess-judgment note. The debtor shall sign a statement acknowledging receipt of the written explanation which shall recite that the statement was read and understood before execution of the notice and that the note is being signed knowingly and voluntarily. Some form of objective evidence of these facts should be maintained in the agency's file on the debtor.</P>
            <P>(c) If no response to the demand is received by the date stated in the demand, GSA will take further action under this subpart or under the Federal Claims Collection Standards. These actions may include reports to credit bureaus, referrals to collection agencies, termination of contract, debarment, offset of Federal salary, and other administrative offset, as authorized in 31 U.S.C. 3701-3719.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.005</SECTNO>
            <SUBJECT>Interest, administrative charges, and penalty charges.</SUBJECT>
            <P>(a) GSA shall assess interest on unpaid claims at the rate of the current value of funds to the Treasury as prescribed by the Secretary of the Treasury on the date interest begins to run. GSA shall assess administrative charges to cover the costs of processing and handling overdue claims. GSA shall assess penalty charges of six percent a year on any part of a debt more than 90 days past due. The imposition of interest, administrative charges, and penalty charges are made in accordance with 31 U.S.C. 3717.</P>
            <P>(b) Interest will be computed from the date of <E T="03">mailing</E> or <E T="03">hand delivery</E> of the initial demand if the amount of the claim is not paid within 30 days. The 30-day period may be extended in individual cases if there is good cause to do so and it is in the public interest. Interest will only be computed on the principal of the claim and the interest rate will remain fixed for the duration of the indebtedness, except where a debtor has defaulted on a repayment agreement and seeks to enter into a new agreement. A new rate which reflects the current value of funds to the Treasury at the time the new agreement is executed may be set if applicable and interest on interest and related charges may be charged where the debtor has defaulted on a previous repayment agreement. Charges which accrued but were not collected under the defaulted agreement shall be added to the principal to be paid under the new repayment schedule.</P>
            <P>(c) GSA may waive interest, administrative charges, or penalty charges if it finds that:</P>
            <P>(1) The debtor is unable to pay any significant sum toward the claim within a reasonable period of time;</P>
            <P>(2) Collection of interest, administrative charges, or penalty charges will jeopardize collection of the principal of the claim; or</P>
            <P>(3) It is otherwise in the best interests of the United States, including the situation where an offset or installment payment agreement is in effect.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.006</SECTNO>
            <SUBJECT>Responsibility for collection.</SUBJECT>
            <P>(a) Heads of Central Office Services and Staff Offices and Regional Administrators must initiate actions on claims arising from their program operations and immediately notify the appropriate Regional Finance Division. A claim will be recorded and controlled by the Regional Finance Division upon receipt of documentation from a competent authority establishing the amount due.</P>

            <P>(b) The collection of claims under the control of Regional Finance Divisions will be aggressively pursued in accordance with the provisions of part 102 of the Federal Claims Collection Standards (4 CFR part 102). Whenever feasible, debts owed to the United States, together with interest, administrative charges and penalty charges, should be collected in full in one lump sum. If the debtor requests installment payments, the Regional Finance Divisions shall be responsible for determining the financial hardship of debtors and when appropriate shall arrange installment payment schedules. Claims which cannot be collected either directly or by administrative offset shall either be <PRTPAGE P="122"/>written off as administratively uncollectible in accordance with authority delegated to the Director, Office of Finance and the Directors, Regional Finance Divisions, or referred to the appropriate Assistant General Counsel or Regional Counsel for further consideration.</P>
            <P>(c) The General Counsel, delegated officials in the Office of General Counsel, and each Regional Counsel may compromise or suspend or terminate the collection of, referred claims under $20,000, exclusive of interest, penalties and administrative charges under the Act and the Federal Claims Collection Standards 4 CFR parts 103 and 104.</P>
            <P>(d) The Office of General Counsel officials listed in paragraph (c) of this section have the responsibility for referring to the Department of Justice all claims over $20,000 exclusive of interest, penalties and administrative charges which cannot be compromised, suspended or terminated in accordance with the Federal Claims Collection Act and the Federal Claims Collections Standards. Referrals to the Department of Justice shall be made in accordance with 4 CFR part 105 of the Federal Claims Collections Standards.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.007</SECTNO>
            <SUBJECT>Collection by offset.</SUBJECT>
            <P>(a) Whenever feasible, after a debtor fails to pay the claim, request a review of the claim, or make an arrangement for payment. The Comptroller or his appropriate regional designee will collect claims under this part by means of administrative offset against obligations of the United States to the debtor, pursuant to 31 U.S.C. 3716, except offset of Federal salaries and claims arising out of contracts subject to the Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq.</P>
            <P>(b) Salary offsets and offsets against military retired pay are governed by 5 U.S.C. 5514.</P>
            <P>(c) Collection by administrative offset of amounts payable from Civil Service Retirement and Disability Fund will be made pursuant to 5 U.S.C. 5514 and 5 U.S.C. 5705 and regulations thereunder.</P>
            <P>(d) The offset of claims arising out of contracts subject to the Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq. will be made pursuant to the Government common law right of offset.</P>
            <P>(e) GSA will promptly make requests for offset to other agencies holding funds payable to a debtor and provide instructions for the transfer of these funds. Requests for offset received from other agencies shall be processed promptly and the funds transferred to the requesting agency.</P>
            <P>(f) If administrative offset cannot be effected through GSA or other known agency accounts receivable, then GSA will place a complete stop order against amounts otherwise payable to the debtor by placing the name of that debtor on the Department of the Army “List of Contractors Indebted to the United States.” If any amounts are discovered under this procedure, they will be offset against the debt owed to GSA.</P>
            <P>(g) GSA should not attempt to effect collection by administrative offset when:</P>
            <P>(1) The debtor has ceased to do business and there are no known or potential obligations payable by any agency of the United States Government to the debtor.</P>
            <P>(2) The debt in question is over ten years old.</P>
            <P>(3) The debtor has either gone into receivership and has liquidated all of its assets or has filed a petition in bankruptcy as a no asset debtor, and there is no likelihood of the debtor resuming operations; and there are no known or potential obligations payable by any agency of the United States Government to the debtor. In the case of a bankruptcy petition, the automatic stay against setoff must be honored pending release from the stay.</P>
            <P>(4) The debtor is deceased, and there are no attachable assets in the estate.</P>
            <P>(5) Any other circumstances which would indicate that the likelihood of collection by administrative offset is less than probable.</P>
            <CITA>[50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8, 1987]</CITA>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.008</SECTNO>
            <SUBJECT>Settlement of claims.</SUBJECT>

            <P>(a) In accordance with the provisions of 4 CFR part 103, GSA officials listed in § 105-55.006(c) may settle claims not exceeding $20,000 exclusive of interest, penalties and administrative charges <PRTPAGE P="123"/>by compromise at less than the principal of the claim if:</P>
            <P>(1) The debtor shows an inability to pay the full amount within a reasonable time;</P>
            <P>(2) The Government would be unable to enforce complete collection by any means within a reasonable time;</P>
            <P>(3) The amount of the claim does not justify the actual foreseable collection cost of the claim; or</P>
            <P>(4) A combination of the above reasons.</P>
            <P>(b) GSA may suspend or terminate collection action in accordance with the terms and procedures contained in 4 CFR part 104.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.009</SECTNO>
            <SUBJECT>Referral for litigation.</SUBJECT>
            <P>Claims which cannot be settled under § 105-55.008 or for which collection action cannot be suspended or terminated under 4 CFR parts 103 and 104, will be referred to the General Accounting Office or the Department of Justice, whichever is appropriate, in accordance with the procedures in 4 CFR part 105.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.010</SECTNO>
            <SUBJECT>Disclosure to credit reporting agencies and referrals to collection agencies.</SUBJECT>
            <P>The Comptroller and his designees may disclose debtor information to credit reporting agencies and may refer delinquent debts to debt collection agencies under the Federal Claims Collection Act, as amended, and other applicable authorities, provided, however, that no claim arising from the dishonor of any check or other negotiable instrument shall be disclosed to a credit reporting agency or referred to a collection agency without the concurrence of the appropriate Regional Inspector General for Investigations. Information will be disclosed to reporting agencies and referred to debt collection agencies in accordance with the terms and conditions of agreements entered into between GSA and the reporting and collection agencies. The terms and conditions of such agreements shall specify that all of the rights and protections afforded to the debtor under 31 U.S.C. 3711(f) have been fulfilled.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.011</SECTNO>
            <SUBJECT>Credit report.</SUBJECT>
            <P>In order to aid the agency in making appropriate determinations as to the collection and compromise of claims; the collection of interest, administrative charges, and penalty charges; the use of administrative offset; the use of other collection methods; and the likelihood of collecting the claim, the Comptroller or his designees may institute a credit investigation of the debtor immediately following receipt of knowledge of the claim.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-56</EAR>
          <HD SOURCE="HED">PART 105-56—SALARY OFFSET FOR INDEBTEDNESS OF GENERAL SERVICES ADMINISTRATION EMPLOYEES TO THE UNITED STATES</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-56.001</SECTNO>
            <SUBJECT>Scope.</SUBJECT>
            <SECTNO>105-56.002</SECTNO>
            <SUBJECT>Excluded debts or claims.</SUBJECT>
            <SECTNO>105-56.003</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-56.004</SECTNO>
            <SUBJECT>Pre-offset notice.</SUBJECT>
            <SECTNO>105-56.005</SECTNO>
            <SUBJECT>Employee response.</SUBJECT>
            <SECTNO>105-56.006</SECTNO>
            <SUBJECT>Petition for pre-offset hearing.</SUBJECT>
            <SECTNO>105-56.007</SECTNO>
            <SUBJECT>Pre-offset oral hearing.</SUBJECT>
            <SECTNO>105-56.008</SECTNO>
            <SUBJECT>Pre-offset “paper hearing.”</SUBJECT>
            <SECTNO>105-56.009</SECTNO>
            <SUBJECT>Written decision.</SUBJECT>
            <SECTNO>105-56.010</SECTNO>
            <SUBJECT>Deductions.</SUBJECT>
            <SECTNO>105-56.011</SECTNO>
            <SUBJECT>Non-waiver of rights.</SUBJECT>
            <SECTNO>105-56.012</SECTNO>
            <SUBJECT>Refunds.</SUBJECT>
            <SECTNO>105-56.013</SECTNO>
            <SUBJECT>Coordinating offset with another Federal agency.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 5514; Pub. L. 97-365, 96 Stat. 1754.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>53 FR 31864, Aug. 22, 1988, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-56.001</SECTNO>
            <SUBJECT>Scope.</SUBJECT>
            <P>(a) This part covers both internal and Government-wide collections under 5 U.S.C. 5514. It applies when certain debts to the U.S. are recovered by administrative offset from the disposable pay of an employee of the U.S. Government, except in situations where the employee consents to the recovery.</P>

            <P>(b) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to the Federal Claims Collection Act of 1966 (31 U.S.C. 3701 <E T="03">et seq</E>.) or in accordance with any other statutory authority for the collection of claims of the U.S. or any Federal agency.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.002</SECTNO>
            <SUBJECT>Excluded debts or claims.</SUBJECT>
            <P>This part does not apply to:<PRTPAGE P="124"/>
            </P>

            <P>(a) Debts or claims arising under the Internal Revenue Code of 1954 as amended (26 U.S.C. 1 <E T="03">et seq</E>.), the Social Security Act (41 U.S.C. 301 <E T="03">et seq</E>.), or the tariff laws of the United States.</P>
            <P>(b) To any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute, such as travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108. Debt collection procedures under other statutory authorities, however, must be consistent with the provisions of FCCS, defined below..</P>
            <P>(c) An employee election of coverage or of a change of coverage under a Federal benefits program which requires periodic deductions from pay if the amount to be recovered was accumulated over four pay periods or less.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.003</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>The following definitions apply to this part:</P>
            <P>“Administrator” means the Administrator of the General Services or the Administrator's designee.</P>
            <P>“Debt” means an amount owed to the United States 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.</P>
            <P>“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; premiums for life and health insurance benefits; and such other deductions that are required by law to be withheld.</P>
            <P>“Employee” means a current employee of the General Services Administration, or other executive agency.</P>

            <P>“FCCS” means the Federal Claims Collection Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR 101.1 <E T="03">et seq</E>.</P>
            <P>“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>
            <P>“Program official” means a supervisor or management official of the employee's service or staff office.</P>
            <P>“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.</P>
            <P>“Waiver” means the cancellation, remission, forgiveness, or nonrecovery of a debt allegedly owed by an employee to an agency as permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774 or 32 U.S.C. 716, 5 U.S.C. 8346(b), or any other law.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.004</SECTNO>
            <SUBJECT>Pre-offset notice.</SUBJECT>
            <P>The employee is entitled to written notice from an appropriate program officer in his or her employing activity at least 30 days in advance of initiating a deduction from disposable pay informing him or her of:</P>
            <P>(a) The nature, origin and amount of the indebtedness determined by the General Services Administration or another agency to be due;</P>
            <P>(b) The intention of the agency to initiate proceedings to collect the debt through deductions from the employee's current disposable pay;</P>
            <P>(c) The amount, frequency, proposed beginning date, and duration of the intended deductions;</P>

            <P>(d) GSA's policy concerning how interest is charged and penalties and administrative cost assessed, including a statement that such assessments must be made unless excused under 31 U.S.C. 3717 and the FCCS, 4 CFR 101.1 <E T="03">et seq</E>.;</P>

            <P>(e) The employee's right to inspect and copy Government records relating to the debt if Government records of the debt are not attached, 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 therewith shall be borne by the debtor. The debtor shall give reasonable notice in advance to GSA of the date on which he or she intends to inspect and copy the records involved;<PRTPAGE P="125"/>
            </P>
            <P>(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 written repayment agreement of the debt in lieu of offset;</P>
            <P>(g) The employee's right to request a waiver from the General Accounting Office if a waiver of repayment is authorized by law;</P>
            <P>(h) The employee's right to pre-offset hearing conducted by a hearing official arranged by the appropriate program official of his or her employing activity if a petition is filed as prescribed by § 105-56.005. Such hearing official will be either an administrative law judge or a hearing official not under the control of the head of the agency and will be designated in accordance with the procedures established in 5 CFR 550.1107;</P>
            <P>(i) The method and time period for petitioning for a hearing, including a statement that the timely filing of a petition for hearing will stay the commencement of collection proceedings;</P>
            <P>(j) The issuance of a final decision on the hearing, if requested, at the earliest practicable date, but no later than 60 days after the petition is filed unless a delay is requested and granted;</P>
            <P>(k) The risk that any knowingly false or frivolous statements, representations, or evidence may subject the employee to:</P>
            <P>(1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5 CFR part 752, or any other applicable statutes or regulations;</P>
            <P>(2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or any other applicable statutory authority;</P>
            <P>(3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or any other applicable statutory authority.</P>
            <P>(l) Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made.</P>
            <P>(m) 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;</P>
            <P>(n) The specific address to which all correspondence shall be directed regarding the debt.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.005</SECTNO>
            <SUBJECT>Employee response.</SUBJECT>
            <P>(a) <E T="03">Voluntary repayment agreement.</E> An employee may submit a request to the official who signed the demand letter 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 § 105-56.004. The agreement must be in writing, signed by both the employee and the program official making the demand and a signed copy must be sent to the regional finance division 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.</P>
            <P>(b) <E T="03">Waiver.</E> Where a waiver of repayment is authorized by law, the employee may request a waiver from the General Accounting Office.</P>
            <P>(c) <E T="03">Reconsideration.</E> (1) An employee may seek a reconsideration of the Agency's determination regarding the existence or amount of the debt. The request must be submitted to the official who signed the demand letter within 7 days of receipt of notice under § 105-56.004. Within 20 days of receipt of this notice, the employee shall submit a detailed statement of reasons for reconsideration which must be accompanied by supporting documentation.</P>
            <P>(2) An employee may request a reconsideration of the proposed offset schedule. The request must be submitted to the program official who signed the demand letter within 7 days of receipt of notice under § 105-56.004. Within 20 days of receipt of this notice, the employee shall submit an alternative repayment schedule accompanied by a detailed statement supported by documentation evidencing financial hardship resulting from the agency's proposed schedule. Acceptance of the request is discretionary with the agency. The agency must notify the employee in writing of its decision concerning the request to reduce the rate of an involuntary deduction.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.006</SECTNO>
            <SUBJECT>Petition for pre-offset hearing.</SUBJECT>

            <P>(a) The employee may petition for a pre-offset hearing by filing a written petition with the program official who <PRTPAGE P="126"/>signed the demand letter within 15 days of receipt of the written notice. The petition must state why the employee believes the agency's determination concerning the existence or amount of the debt is in error, and set forth objections to the involuntary repayment schedule. The timely filing of a petition will suspend the commencement of collection proceedings.</P>
            <P>(b) The employee's petition or statement must be signed by the employee.</P>
            <P>(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.</P>
            <P>(d) If the employee timely requests a pre-offset hearing or the timeliness is waived, the program official must:</P>
            <P>(1) Notify the employee whether the employee may elect an oral hearing or whether he or she may have only a “paper hearing,” i.e., a review on the written record (see 4 CFR 102.3(c)). In either case, the program official will arrange for a hearing official; and</P>
            <P>(2) The program official will provide the hearing official with a copy of all records on which the determination of the debt and any involuntary repayment schedule are based.</P>
            <P>(e) An employee who elects an oral hearing must notify the hearing official and the program official in writing within 5 days of receipt of the notice under paragraph (d)(1) of this section and within 20 days of receipt of the notice under (d)(1) the employee shall fully identify and explain with reasonable specificity all the facts, evidence and witnesses which the employee believes support his or her position.</P>
            <P>(f) The hearing official shall notify the program official and the employee of the date, time and location of the hearing.</P>
            <P>(g) 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 program official at least 3 calendar days before the date of the oral hearing. The hearing official may waive the 3-day requirement for good cause.</P>
            <P>(h) Failure of the employee to appear at the oral hearing can result in dismissal of the petition and affirmation of the agency's decision.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.007</SECTNO>
            <SUBJECT>Pre-offset oral hearing.</SUBJECT>
            <P>(a) Oral hearings are informal in nature. The agency, represented by a program official or a representative of the Office of General Counsel, and the employee, or his or her representative, shall 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 where the hearing official determines the testimony to be relevant and not redundant.</P>
            <P>(b) The hearing official shall—</P>
            <P>(1) Conduct a fair and impartial hearing; and</P>
            <P>(2) Preside over the course of the hearing, maintain decorum, and avoid delay in the disposition of the hearing.</P>
            <P>(c) The employee may represent himself or herself or may be represented by another person at the hearing. The employee may not be represented by a person who creates an actual or apparent conflict of interest.</P>
            <P>(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 public.</P>
            <P>(e) Oral hearings may be conducted by conference call at the request of the employee or at the discretion of the hearing official.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.008</SECTNO>
            <SUBJECT>Pre-offset “paper hearing.”</SUBJECT>
            <P>If a hearing is to be held only upon written submissions, the hearing official shall issue a decision based upon the record and responses submitted by both the agency and the employee.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.009</SECTNO>
            <SUBJECT>Written decision.</SUBJECT>
            <P>Within 60 days of filing of the employee's petition for a pre-offset hearing, the hearing official will issue a written decision setting forth: The facts supporting the nature and origin of the debt; the hearing official's analysis, findings and conclusions as to the employee's or agency's grounds, the amount and validity of the debt and the repayment schedule.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="127"/>
            <SECTNO>§ 105-56.010</SECTNO>
            <SUBJECT>Deductions.</SUBJECT>
            <P>(a) <E T="03">When deductions may begin.</E> If the employee filed a petition for hearing with the program official before the expiration of the period provided for in § 105-56.006, then deductions will begin after the hearing official has provided the employee with a hearing, and the final written decision is in favor of the agency. It is the responsibility of the employee's program official to issue the pre-offset notice to the employee and to instruct the National Payroll Center to begin offset in accordance with the final written decision.</P>
            <P>(b) <E T="03">Retired or separated employees.</E> If the employee retires, resigns, or is terminated before collection of the amount 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 must be collected according to the procedures for administrative offset pursuant to 31 U.S.C. 3716.</P>
            <P>(c) <E T="03">Types of collection.</E> 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 demand letter that he or she is financially unable to pay in one lump-sum. In these cases, collection will be by installment deductions.</P>
            <P>(d) <E T="03">Methods of collection.</E> 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 program official agree to an alternative repayment schedule. The alternative arrangement must be in writing and signed by both the employee and the program official.</P>
            <P>(1) <E T="03">Installment deductions.</E> 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 will be sufficient in size and frequency to pay the debt over the shortest period possible and never to exceed three years. Installment payments of less than $100 per pay period will be accepted only in the most unusual circumstances.</P>
            <P>(2) <E T="03">Sources of deductions.</E> GSA will make 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.</P>
            <P>(e) Interest, penalties and administrative costs on debts under this part will be assessed according to the provisions of 4 CFR 102.13.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.011</SECTNO>
            <SUBJECT>Non-waiver of rights.</SUBJECT>
            <P>An employee's involuntary payment of all or any portion of a debt being collected under 5 U.S.C. 5514 shall 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.012</SECTNO>
            <SUBJECT>Refunds.</SUBJECT>
            <P>GSA will refund promptly to the appropriate individual amounts offset under these regulations when:</P>
            <P>(a) A debt is waived or otherwise found not owing the United States (unless expressly prohibited by statute or regulation); or</P>
            <P>(b) GSA is directed by an administrative or judicial order to refund amounts deducted from the employee's current pay.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.013</SECTNO>
            <SUBJECT>Coordinating offset with another Federal agency.</SUBJECT>
            <P>(a) <E T="03">When GSA is owed the debt.</E> When GSA is owed a debt by an employee of another agency, the other agency shall not initiate the requested offset until GSA provides the agency with a written certification that the debtor owes GSA a debt and that GSA has complied with these regulations. This certification shall include the amount and basis of the debt and the due date of the payment.</P>
            <P>(b) <E T="03">When another agency is owed the debt.</E> GSA may use salary offset against one of its employees who is indebted to another agency if requested to do so by that agency. Any such request must be <PRTPAGE P="128"/>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.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-57</EAR>
          <HD SOURCE="HED">PART 105-57—COLLECTION OF DEBTS BY TAX REFUND OFFSET</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-57.001</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-57.002</SECTNO>
            <SUBJECT>Applicability and scope.</SUBJECT>
            <SECTNO>105-57.003</SECTNO>
            <SUBJECT>Administrative charges.</SUBJECT>
            <SECTNO>105-57.004</SECTNO>
            <SUBJECT>Reasonable attempt to notify.</SUBJECT>
            <SECTNO>105-57.005</SECTNO>
            <SUBJECT>Notice requirement before offset.</SUBJECT>
            <SECTNO>105-57.006</SECTNO>
            <SUBJECT>Consideration of evidence.</SUBJECT>
            <SECTNO>105-57.007</SECTNO>
            <SUBJECT>Change in conditions after submission to IRS.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>31 U.S.C. 3720A.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>59 FR 1277, Jan. 10, 1994, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-57.001</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>This part establishes procedures for the General Services Administration (GSA) to refer past due debts to the Internal Revenue Service (IRS) for offset against income tax refunds of taxpayers owing debts to GSA.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.002</SECTNO>
            <SUBJECT>Applicability and scope.</SUBJECT>
            <P>(a) This part implements 31 U.S.C. 3720A which authorizes the IRS to reduce a tax refund by the amount of a past due legally enforceable debt owed to the United States.</P>
            <P>(b) For purposes of this section, a past due legally enforceable debt referable to the IRS is a debt which is owed to the United States and:</P>
            <P>(1) Has been delinquent for at least three months but, except in the case of a judgment debt, has not been delinquent more than ten years at the time the offset is made;</P>
            <P>(2) With respect to which, GSA has given the taxpayer at least 60 days, from the date of notification, to present evidence that all or part of the debt is not past due or legally enforceable, has considered such evidence, and has determined that the debt is past due and legally enforceable;</P>
            <P>(3) Cannot be currently collected pursuant to the salary offset provisions of 5 U.S.C. 5514(a)(1);</P>
            <P>(4) Cannot be currently collected pursuant to the administrative offset provisions of 31 U.S.C. 3716;</P>
            <P>(5) Has been disclosed by GSA to a credit reporting agency, including a consumer reporting agency as authorized by 31 U.S.C. 3711(f);</P>
            <P>(6) With respect to which, GSA has notified, or has made a reasonable attempt to notify, the taxpayer that the debt is past due and, unless repaid within 60 days thereafter, will be referred to the IRS for offset against any income tax refunds due the taxpayer;</P>
            <P>(7) Is at least $25.00;</P>
            <P>(8) All other requirements of 31 U.S.C. 3720A and the Department of the Treasury regulations relating to eligibility of a debt for tax refund offset, at 26 CFR 301.6402-6T, have been satisfied.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.003</SECTNO>
            <SUBJECT>Administrative charges.</SUBJECT>
            <P>All administrative charges incurred in connection with the referral of debts to the IRS will be added to the debt, thus increasing the amount of the offset.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.004</SECTNO>
            <SUBJECT>Reasonable attempt to notify.</SUBJECT>
            <P>In order to constitute a reasonable attempt to notify the debtor, GSA must have used a mailing address for the debtor obtained from the IRS pursuant to the Internal Revenue Code, 26 U.S.C. 6103 (m)(2) or (m)(4), within one year preceding the attempt to notify the debtor.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.005</SECTNO>
            <SUBJECT>Notice requirement before offset.</SUBJECT>
            <P>The notification provided by GSA to the debtor will inform the debtor how to go about presenting evidence to GSA that all or part of the debt is either not past due or is not legally enforceable.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.006</SECTNO>
            <SUBJECT>Consideration of evidence.</SUBJECT>
            <P>Evidence submitted by the debtor will be considered by officials or employees of GSA. Any determination that an amount of such debt is past due and legally enforceable will be made by such officials or employees. Evidence that the debt is affected by a bankruptcy proceeding involving the debtor shall bar referral of the debt.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="129"/>
            <SECTNO>§ 105-57.007</SECTNO>
            <SUBJECT>Change in conditions after submission to IRS.</SUBJECT>
            <P>If the amount of a debt is reduced after submission by GSA and offset by IRS, GSA will refund to the debtor any excess amount and will promptly notify IRS of the refund. GSA will also promptly notify the IRS if, after submission of a debt to the IRS for offset, GSA:</P>
            <P>(a) Determines that an error has been made with respect to the information submitted;</P>
            <P>(b) Receives a payment or credits a payment to an account submitted; or</P>
            <P>(c) Receives notification that the debtor has filed for bankruptcy under title 11 of the United States Code or has been adjudicated bankrupt and the debt has been discharged.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-60</EAR>
          <HD SOURCE="HED">PART 105-60—PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL MATERIALS</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-60.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.1—General Provisions</HD>
              <SECTNO>105-60.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <SECTNO>105-60.102</SECTNO>
              <SUBJECT>Application.</SUBJECT>
              <SECTNO>105-60.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <SECTNO>105-60.103-1</SECTNO>
              <SUBJECT>Availability of records.</SUBJECT>
              <SECTNO>105-60.103-2</SECTNO>
              <SUBJECT>Applying exemptions.</SUBJECT>
              <SECTNO>105-60.104</SECTNO>
              <SUBJECT>Records of other agencies.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.2—Publication of General Agency Information and Rules in the Federal Register</HD>
              <SECTNO>105-60.201</SECTNO>
              <SUBJECT>Published information and rules.</SUBJECT>
              <SECTNO>105-60.202</SECTNO>
              <SUBJECT>Published materials available for sale to the public.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.3—Availability of Opinions, Orders, Policies, Interpretations, Manuals, and Instructions</HD>
              <SECTNO>105-60.301</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <SECTNO>105-60.302</SECTNO>
              <SUBJECT>Available materials.</SUBJECT>
              <SECTNO>105-60.303</SECTNO>
              <SUBJECT>Rules for public inspection and copying.</SUBJECT>
              <SECTNO>105-60.304</SECTNO>
              <SUBJECT>Public information handbook and index.</SUBJECT>
              <SECTNO>105-60.305</SECTNO>
              <SUBJECT>Fees.</SUBJECT>
              <SECTNO>105-60.305-1</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-60.305-2</SECTNO>
              <SUBJECT>Scope of this subpart.</SUBJECT>
              <SECTNO>105-60.305-3</SECTNO>
              <SUBJECT>GSA records available without charge.</SUBJECT>
              <SECTNO>105-60.305-4</SECTNO>
              <SUBJECT>GSA records available at a fee.</SUBJECT>
              <SECTNO>105-60.305-5</SECTNO>
              <SUBJECT>Searches.</SUBJECT>
              <SECTNO>105-60.305-6</SECTNO>
              <SUBJECT>Reviews.</SUBJECT>
              <SECTNO>105-60.305-7</SECTNO>
              <SUBJECT>Assurance of payment.</SUBJECT>
              <SECTNO>105-60.305-8</SECTNO>
              <SUBJECT>Prepayment of fees.</SUBJECT>
              <SECTNO>105-60.305-9</SECTNO>
              <SUBJECT>Form of payment.</SUBJECT>
              <SECTNO>105-60.305-10</SECTNO>
              <SUBJECT>Fee schedule.</SUBJECT>
              <SECTNO>105-60.305-11</SECTNO>
              <SUBJECT>Fees for authenticated and attested copies.</SUBJECT>
              <SECTNO>105-60.305-12</SECTNO>
              <SUBJECT>Administrative actions to improve assessment and collection of fees.</SUBJECT>
              <SECTNO>105-60.305-13</SECTNO>
              <SUBJECT>Waiver of fee.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.4—Described Records</HD>
              <SECTNO>105-60.401</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <SECTNO>105-60.402</SECTNO>
              <SUBJECT>Procedures for making records available.</SUBJECT>
              <SECTNO>105-60.402-1</SECTNO>
              <SUBJECT>Submission of requests.</SUBJECT>
              <SECTNO>105-60.402-2</SECTNO>
              <SUBJECT>Response to initial requests.</SUBJECT>
              <SECTNO>105-60.403</SECTNO>
              <SUBJECT>Appeal within GSA.</SUBJECT>
              <SECTNO>105-60.404</SECTNO>
              <SUBJECT>Extension of time limits.</SUBJECT>
              <SECTNO>105-60.405</SECTNO>
              <SUBJECT>Processing requests for confidential commercial information.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.5—Exemptions</HD>
              <SECTNO>105-60.501</SECTNO>
              <SUBJECT>Categories of records exempt from disclosure under the FOIA.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.6—Production or Disclosure by Present or Former General Services Administration Employees in Response to Subpoenas or Similar Demands in Judicial or Administrative Proceedings</HD>
              <SECTNO>105-60.601</SECTNO>
              <SUBJECT>Purpose and scope of subpart.</SUBJECT>
              <SECTNO>105-60.602</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-60.603</SECTNO>
              <SUBJECT>Acceptance of service of a subpoena duces tecum or other legal demand on behalf of the General Services Administration.</SUBJECT>
              <SECTNO>105-60.604</SECTNO>
              <SUBJECT>Production or disclosure prohibited unless approved by the Appropriate Authority.</SUBJECT>
              <SECTNO>105-60.605</SECTNO>
              <SUBJECT>Procedure in the event of a demand for production or disclosure.</SUBJECT>
              <SECTNO>105-60.606</SECTNO>
              <SUBJECT>Procedure where response to demand is required prior to receiving instructions.</SUBJECT>
              <SECTNO>105-60.607</SECTNO>
              <SUBJECT>Procedure in the event of an adverse ruling.</SUBJECT>
              <SECTNO>105-60.608</SECTNO>
              <SUBJECT>Fees, expenses, and costs.</SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 301 and 552; 40 U.S.C. 486(c).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>63 FR 56839, Oct. 23, 1998, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-60.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>(a) This part sets forth policies and procedures of the General Services Administration (GSA) regarding public access to records documenting:</P>

            <P>(1) Agency organization, functions, decisionmaking channels, and rules and regulations of general applicability;<PRTPAGE P="130"/>
            </P>
            <P>(2) Agency final opinions and orders, including policy statements and staff manuals;</P>
            <P>(3) Operational and other appropriate agency records; and</P>
            <P>(4) Agency proceedings.</P>
            <P>(b) This part also covers exemptions from disclosure of these records; procedures for the public to inspect or obtain copies of GSA records; and instructions to current and former GSA employees on the response to a subpoena or other legal demand for material or information received or generated in the performance of official duty or because of the person's official status.</P>
            <P>(c) Any policies and procedures in any GSA internal or external directive inconsistent with the policies and procedures set forth in this part are superseded to the extent of that inconsistency.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.1—General Provisions</HD>
            <SECTION>
              <SECTNO>§ 105-60.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <P>This part 105-60 implements the provisions of the Freedom of Information Act (FOIA), as amended, 5 U.S.C. 552. The regulations in this part also implement Executive Order 12600, Predisclosure Notification Procedures for Confidential Commercial Information, of June 23, 1987 (3 CFR, 1987 Comp., p. 235). This part prescribes procedures by which the public may inspect and obtain copies of GSA records under the FOIA, including administrative procedures which must be exhausted before a requester invokes the jurisdiction of an appropriate United States District Court for GSA's failure to respond to a proper request within the statutory time limits, for a denial of agency records or challenge to the adequacy of a search, or for a denial of a fee waiver.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.102</SECTNO>
              <SUBJECT>Application.</SUBJECT>
              <P>This part applies to all records and informational materials generated, maintained, and controlled by GSA that come within the scope of 5 U.S.C. 552.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.103-1</SECTNO>
              <SUBJECT>Availability of records.</SUBJECT>
              <P>The policies of GSA with regard to the availability of records to the public are:</P>
              <P>(a) GSA records are available to the greatest extent possible in keeping with the spirit and intent of the FOIA. GSA will disclose information in any existing GSA record, with noted exceptions, regardless of the form or format of the record. GSA will provide the record in the form or format requested if the record is reproducible by the agency in that form or format without significant expenditure of resources. GSA will make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section.</P>
              <P>(b) The person making the request does not need to demonstrate an interest in the records or justify the request.</P>
              <P>(c) The FOIA does not give the public the right to demand that GSA compile a record that does not already exist. For example, FOIA does not require GSA to collect and compile information from multiple sources to create a new record. GSA may compile records or perform minor reprogramming to extract records from a database or system when doing so will not significantly interfere with the operation of the automated system in question or involve a significant expenditure of resources.</P>
              <P>(d) Similarly, FOIA does not require GSA to reconstruct records that have been destroyed in compliance with disposition schedules approved by the Archivist of the United States. However, GSA will not destroy records after a member of the public has requested access to them and will process the request even if destruction would otherwise be authorized.</P>
              <P>(e) If the record requested is not complete at the time of the request, GSA may, at its discretion, inform the requester that the complete record will be provided when it is available, with no additional request required, if the record is not exempt from disclosure.</P>

              <P>(f) Requests must be addressed to the office identified in § 105-60.402-1.<PRTPAGE P="131"/>
              </P>
              <P>(g) Fees for locating and duplicating records are listed in § 105-60,305-10.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.103-2</SECTNO>
              <SUBJECT>Applying exemptions.</SUBJECT>
              <P>GSA may deny a request for a GSA record if it falls within an exemption under the FOIA outlined in subpart 105-60.5 of this part. Except when a record is classified or when disclosure would violate any Federal statute, the authority to withhold a record from disclosure is permissive rather than mandatory. GSA will not withhold a record unless there is a compelling reason to do so; i.e., disclosure will likely cause harm to a Governmental or private interest. In the absence of a compelling reason, GSA will disclose a record even if it otherwise is subject to exemption. GSA will cite the compelling reason(s) to requesters when any record is denied under FOIA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.104</SECTNO>
              <SUBJECT>Records of other agencies.</SUBJECT>
              <P>If GSA receives a request for access to records that are known to be the primary responsibility of another agency, GSA will refer the request to the agency concerned for appropriate action. For example, GSA will refer requests to the appropriate agency in cases in which GSA does not have sufficient knowledge of the action or matter that is the subject of the requested records to determine whether the records must be released or may be withheld under one of the exemptions listed in Subpart 105-60.5 of this part. If GSA does not have the requested records, the agency will attempt to determine whether the requested records exist at another agency and, if possible, will forward the request to that agency. GSA will inform the requester that GSA has forwarded the request to another agency.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.2—Publication of General Agency Information and Rules in the Federal Register</HD>
            <SECTION>
              <SECTNO>§ 105-60.201</SECTNO>
              <SUBJECT>Published information and rules.</SUBJECT>

              <P>In accordance with 5 U.S.C. 552(a)(1), GSA publishes in the <E T="04">Federal Register</E>, for the guidance of the public, the following general information concerning GSA:</P>
              <P>(a) Description of the organization of the Central Office and regional offices and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;</P>
              <P>(b) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;</P>
              <P>(c) Rules of procedure, descriptions of forms available or the places where forms may be obtained, and instructions on the scope and contents of all papers, reports, or examinations;</P>
              <P>(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by GSA; and</P>
              <P>(e) Each amendment, revision, or repeal of the materials described in this section.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.202</SECTNO>
              <SUBJECT>Published materials available for sale to the public.</SUBJECT>

              <P>(a) Substantive rules of general applicability adopted by GSA as authorized by law that this agency publishes in the <E T="04">Federal Register</E> and which are available for sale to the public by the Superintendent of Documents at pre-established prices are: The General Services Administration Acquisition Regulation (48 CFR Ch. 5), the Federal Acquisition Regulation (48 CFR Ch. 1), the Federal Property Management Regulations (41 CFR Ch. 101), and the Federal Travel Regulation (41 CFR Ch. 301-304).</P>
              <P>(b) GSA provides technical information, including manuals and handbooks, to other Federal entities, e.g., the National Technical Information Service, with separate statutory authority to make information available to the public at pre-established fees.</P>
              <P>(c) Requests for information available through the sources in paragraphs (a) and (b) of this section will be referred to those sources.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <PRTPAGE P="132"/>
            <HD SOURCE="HED">Subpart 105-60.3—Availability of Opinions, Orders, Policies, Interpretations, Manuals, and Instructions</HD>
            <SECTION>
              <SECTNO>§ 105-60.301</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <P>GSA makes available to the public the materials described under 5 U.S.C. 552(a)(2), which are listed in § 105-60.302 through an extensive electronic home page, http://www.gsa.gov/. A public handbook listing those materials as described in § 105-60.304 is available at GSA's Central Office in Washington, DC, and at the website at http://www.gsa.gov/staff/c/ca/pub1.htm. Members of the public who do not have the means to access this information electronically, and who are not located in the Washington, DC area, may contact the Freedom of Information Act office in any of the regional offices listed in this regulation. These offices will make arrangements for members of the public to access the information at a computer located at the FOIA office. Reasonable copying services are provided at the fees specified in § 105-60.305.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.302</SECTNO>
              <SUBJECT>Available materials.</SUBJECT>
              <P>GSA materials available under this subpart 105-60.3 are as follows:</P>
              <P>(a) Final opinions, including concurring and dissenting opinions and orders, made in the adjudication of cases.</P>

              <P>(b) Those statements and policy and interpretations that have been adopted by GSA and are not published in the <E T="04">Federal Register</E>.</P>
              <P>(c) Administrative staff manuals and instructions to staff affecting a member of the public unless these materials are promptly published and copies offered for sale.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.303</SECTNO>
              <SUBJECT>Rules for public inspection and copying.</SUBJECT>
              <P>(a) <E T="03">Locations.</E> Selected areas containing the materials available for public inspection and copying, described in this § 105-60.302, are located in the following places:
              </P>
              <EXTRACT>
                <FP SOURCE="FP-2">Central Office (GSA Headquarters),</FP>
                <FP SOURCE="FP1-2">General Services Administration, Washington, DC.</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 202-501-2262</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 202-501-2727,</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Email:</E> gsa.foia@gsa.gov</FP>
                <FP SOURCE="FP1-2">1800 F Street, NW. (CAI), Washington, DC 20405</FP>
                <FP SOURCE="FP-2">Office of the Inspector General</FP>
                <FP SOURCE="FP1-2">FOIA Officer, Office of Inspector General (J)</FP>
                <FP SOURCE="FP1-2">General Services Administration</FP>
                <FP SOURCE="FP1-2">1800 F Street NW., Room 5324</FP>
                <FP SOURCE="FP1-2">Washington, DC 20405</FP>
                <FP SOURCE="FP-2">New England Region</FP>
                <FP SOURCE="FP1-2">General Services Administration (1AB)</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont)</FP>
                <FP SOURCE="FP1-2">Thomas P. O'Neill, Jr., Federal Building, 10 Causeway Street, Boston, MA 02222</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 617-565-8100</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 617-565-8101</FP>
                <FP SOURCE="FP-2">Northeast and Caribbean Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of New Jersey, New York, the Commonwealth of Puerto Rico, and the Virgin Islands)</FP>
                <FP SOURCE="FP1-2">General Services Administration (2AR)</FP>
                <FP SOURCE="FP1-2">26 Federal Plaza, New York, NY 10278</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 212-264-1234</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 212-264-2760</FP>
                <FP SOURCE="FP-2">Mid-Atlantic Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Delaware, Maryland, Pennsylvania, Virginia, and West Virginia, excluding the Washington, DC metropolitan area)</FP>
                <FP SOURCE="FP1-2">General Services Administration (3ADS), 100 Penn Square East, Philadelphia, PA 19107</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 215-656-5530</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 215-656-5590</FP>
                <FP SOURCE="FP-2">Southeast Sunbelt Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee)</FP>
                <FP SOURCE="FP1-2">General Services Administration (4E), 401 West Peachtree Street, Atlanta, GA 30365</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 404-331-5103</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 404-331-1813</FP>
                <FP SOURCE="FP-2">Great Lakes Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Illinois, Indiana, Ohio, Minnesota, Michigan, and Wisconsin)</FP>
                <FP SOURCE="FP1-2">General Services Administration (5ADB), 230 South Dearborn Street, Chicago, IL 60604</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 312-353-5383</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 312-353-5385</FP>
                <FP SOURCE="FP-2">Heartland Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Iowa, Kansas, Missouri, and Nebraska)</FP>
                <FP SOURCE="FP1-2">General Services Administration (6ADB), 1500 East Bannister Road, Kansas City, MO 64131</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 816-926-7203</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 816-823-1167</FP>
                <FP SOURCE="FP-2">Greater Southwest Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Arkansas, Louisiana, New Mexico, Texas, and  Oklahoma)</FP>

                <FP SOURCE="FP1-2">General Services Administration (7ADQ), 819 Taylor Street, Fort Worth, TX 76102<PRTPAGE P="133"/>
                </FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 817-978-3902</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 817-978-4867</FP>
                <FP SOURCE="FP-2">Rocky Mountain Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Colorado, North Dakota, South Dakota, Montana, Utah, and Wyoming)</FP>
                <FP SOURCE="FP1-2">Business Service Center, General Services Administration (8PB-B), Building 41, Denver Federal Center, Denver, CO 80225</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 303-236-7408</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 303-236-7403</FP>
                <FP SOURCE="FP-2">Pacific Rim Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Hawaii, California, Nevada, Arizona, Guam, and Trust Territory of the Pacific)</FP>
                <FP SOURCE="FP1-2">Business Service Center, General Services Administration (9ADB), 525 Market Street, San Francisco, CA 941105</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 415-522-2715</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 415-522-2705</FP>
                <FP SOURCE="FP-2">Northwest/Arctic Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Alaska, Idaho, Oregon, and Washington)</FP>
                <FP SOURCE="FP1-2">General Services Administration (10L), GSA Center, 15th and C Streets, SW., Auburn, WA 98002</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 206-931-7007</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 206-931-7195</FP>
                <FP SOURCE="FP-2">National Capital Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the District of Columbia and the surrounding metropolitan area)</FP>
                <FP SOURCE="FP1-2">General Services Administration (WPFA-L), 7th and D Streets SW., Washington, DC 20407</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 202-708-5854</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 202-708-4655.</FP>
              </EXTRACT>
              
              <P>(b) <E T="03">Time.</E> The offices listed above will be open to the public during the business hours of the GSA office where they are located.</P>
              <P>(c) <E T="03">Reproduction services and fees.</E> The GSA Central Office or the Regional Business Service Centers will furnish reasonable copying and reproduction services for available materials at the fees specified in § 105-60.305.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.304</SECTNO>
              <SUBJECT> Public information handbook and index.</SUBJECT>
              <P>GSA publishes a handbook for the public that identifies information regarding any matter described in § 105-60.302. This handbook also lists published information available from GSA and describes the procedures the public may use to obtain information using the Freedom of Information Act (FOIA). This handbook may be obtained without charge from any of the GSA FOIA offices listed in § 105-60.303(a), or  at  the  GSA  Internet  Homepage (http://www.gsa.gov/staff/c/ca/cai/links.htm).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305</SECTNO>
              <SUBJECT>Fees.</SUBJECT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-1</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>For the purpose of this part:</P>
              <P>(a) A statute specifically providing for setting the level of fees for particular types of records (5 U.S.C. 552(a)(4)(A)(vii)) means any statute that specifically requires a Government agency to set the level of fees for particular types of records, as opposed to a statute that generally discusses such fees. Fees are required by statute to:</P>
              <P>(1) Make Government information conveniently available to the public and to private sector organizations;</P>
              <P>(2) Ensure that groups and individuals pay the cost of publications and other services which are for their special use so that these costs are not borne by the general taxpaying public;</P>
              <P>(3) Operate an information dissemination activity on self-sustaining basis to the maximum extent possible; or</P>
              <P>(4) Return revenue to the Treasury for defraying, wholly or in part, appropriated funds used to pay the cost of disseminating Government information.</P>
              <P>(b) The term <E T="03">direct costs</E> means those expenditures which GSA actually incurs in searching for and duplicating (and in the case of commercial requesters, reviewing and redacting) documents to respond to a FOIA request. Direct costs include, for example, the salary of the employee performing the work (the basic rate of pay for the employee plus 16 percent of that rate to cover benefits), and the cost of operating duplicating machinery. Overhead expenses such as costs of space, and heating or lighting the facility where the records are stored are not included in direct costs.</P>
              <P>(c) The term <E T="03">search</E> includes all time spent looking for material that is responsive to a request, including line-by-line identification of material within documents. Searches will be performed in the most efficient and least expensive manner so as to minimize costs for both the agency and the requester. Line-by-line searches will not be undertaken when it would be more efficient to duplicate the entire document. <E T="03">Search</E> for responsive material is not the same as <E T="03">review</E> of a record to <PRTPAGE P="134"/>determine whether it is exempt from disclosure in whole or in part (see paragraph (e) of this section. Searches may be done manually or by computer using existing programming or new programming when this would not significantly interfere with the operation of the automated system in question.</P>
              <P>(d) The term <E T="03">duplication</E> means the process of making a copy of a document in response to a FOIA request. Copies can take the form of paper, microform audiovisual materials, or magnetic types or disks. To the extent practicable, GSA will provide a copy of the material in the form specified by the requester.</P>
              <P>(e) The term <E T="03">review</E> means the process of examining documents located in response to a request to determine if any portion of that document is permitted to be withheld and processing any documents for disclosure. See § 105-60.305-6.</P>
              <P>(f) The term <E T="03">commercial-use request</E> means a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or person on whose behalf the request is made. GSA will determine whether a requester properly belongs in this category by determining how the requester will use the documents.</P>
              <P>(g) The term <E T="03">educational institution</E> means a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education which operates a program or programs of scholarly research.</P>
              <P>(h) The term <E T="03">noncommercial scientific institution</E> means an institution that is not operated on a “commercial” basis as that term is used in paragraph (f) of this section and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry.</P>
              <P>(i) The term <E T="03">representative of the news media</E> means any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term <E T="03">news</E> means information that is about current events or that would be of current interest to the public. Examples of news media include television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of “news”) who make their products available for purchase or subscription by the general public. “Freelance” journalists will be regarded as working for a news organization if they can demonstrate a solid basis for expecting publication through that organization even though they are not actually employed by it.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-2</SECTNO>
              <SUBJECT>Scope of this subpart.</SUBJECT>
              <P>This subpart sets forth policies and procedures to be followed in the assessment and collection of fees from a requester for the search, review, and reproduction of GSA records.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-3</SECTNO>
              <SUBJECT>GSA records available without charge.</SUBJECT>
              <P>GSA records available to the public are displayed in the Business Service Center for each GSA region. The address and phone number of the Business Service Centers are listed in § 105-60.303. Certain material related to bids (excluding construction plans and specifications) and any material displayed are available without charge upon request.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-4</SECTNO>
              <SUBJECT>GSA records available at a fee.</SUBJECT>
              <P>(a) GSA will make a record not subject to exemption available at a time and place mutually agreed upon by GSA and the requester at fees shown in § 105-60.305-10. Waivers of these fees are available under the conditions described in § 105-60.305-13. GSA will agree to:</P>
              <P>(1) Show the originals to the requester;</P>
              <P>(2) Make one copy available at a fee; or</P>
              <P>(3) A combination of these alternatives.</P>
              <P>(b) GSA will make copies of voluminous records as quickly as possible. GSA may, in its discretion, make a reasonable number of additional copies for a fee when commercial reproduction services are not available to the requester.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="135"/>
              <SECTNO>§ 105-60.305-5</SECTNO>
              <SUBJECT>Searches.</SUBJECT>
              <P>(a) GSA may charge for the time spent in the following activities in determining “search time” subject to applicable fees as provided in § 105-60.305-10:</P>
              <P>(1) Time spent in trying to locate GSA records which come within the scope of the request;</P>
              <P>(2) Time spent in either transporting a necessary agency searcher to a place of record storage, or in transporting records to the locations of a necessary agency searcher; and</P>
              <P>(3) Direct costs of the use of computer time to locate and extract requested records.</P>
              <P>(b) GSA will not charge for the time spent in monitoring a requester's inspection of disclosed agency records.</P>
              <P>(c) GSA may assess fees for search time even if the search proves unsuccessful or if the records located are exempt from disclosure.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-6</SECTNO>
              <SUBJECT>Reviews.</SUBJECT>
              <P>(a) GSA will charge only commercial-use requesters for review time.</P>
              <P>(b) GSA will charge for the time spent in the following activities in determining “review time” subject to applicable fees as provided in § 105-60.305-10:</P>
              <P>(1) Time spent in examining a requested record to determine whether any or all of the record is exempt from disclosure, including time spent consulting with submitters of requested information; and</P>
              <P>(2) Time spent in deleting exempt matter being withheld from records otherwise made available.</P>
              <P>(c) GSA will not charge for:</P>
              <P>(1) Time spent in resolving issues of law or policy regarding the application of exemptions; or</P>
              <P>(2) Review at the administrative appeal level of an exemption already applied. However, records or portions of records withheld in full under an exemption which is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously considered. GSA will charge for such subsequent review.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-7</SECTNO>
              <SUBJECT>Assurance of payment.</SUBJECT>
              <P>If fees for search, review, and reproduction will exceed $25 but will be less than $250, the requester must provide written assurance of payment before GSA will process the request. If this assurance is not included in the initial request, GSA will notify the requester that assurance of payment is required before the request is processed. GSA will offer requesters an opportunity to modify the request to reduce the fee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-8</SECTNO>
              <SUBJECT>Prepayment of fees.</SUBJECT>
              <P>(a) <E T="03">Fees over $250.</E> GSA will require prepayment of fees for search, review, and reproduction which are likely to exceed $250. When the anticipated total fee exceeds $250, the requester will receive notice to prepay and at the same time will be given an opportunity to modify his or her request to reduce the fee. When fees will exceed $250, GSA will notify the requester that it will not start processing a request until payment is received.</P>
              <P>(b) <E T="03">Delinquent payments.</E> As noted in § 105-6.305-12(d), requesters who are delinquent in paying for previous requests will be required to repay the old debt and to prepay for any subsequent request. GSA will inform the requester that it will process no additional requests until all fees are paid.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-9</SECTNO>
              <SUBJECT>Form of payment.</SUBJECT>
              <P>Requesters should pay fees by check or money order made out to the General Services Administration and addressed to the official named by GSA in its correspondence. Payment may also be made by means of Mastercard or Visa. For information concerning payment by credit cards, call 816-926-7551.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-10</SECTNO>
              <SUBJECT>Fee schedule.</SUBJECT>
              <P>(a) When GSA is aware that documents responsive to a request are maintained for distribution by an agency operating a statutory fee based program, GSA will inform the requester of the procedures for obtaining records from those sources.</P>
              <P>(b) GSA will consider only the following costs in fees charged to requesters of GSA records:</P>
              <P>(1) Review and search fees.
              </P>
              <EXTRACT>
                <PRTPAGE P="136"/>
                <P>Manual searches by clerical staff: $13 per hour or fraction of an hour.</P>
                <P>Manual searches and reviews by professional staff in cases in which clerical staff would be unable to locate the requested records: $29 per hour or fraction of an hour.</P>
                <P>Computer searches: Direct cost to GSA.</P>
                <P>Transportation or special handling of records: Direct cost to GSA.</P>
              </EXTRACT>
              
              <P>(2) Reproduction fees.
              </P>
              <EXTRACT>
                <P>Pages no larger than 8<FR>1/2</FR> by 14 inches, when reproduced by routine electrostatic copying: 10¢ per page.</P>
                <P>Pages over 8<FR>1/2</FR> by 14 inches: Direct cost of reproduction to GSA.</P>
                <P>Pages requiring reduction, enlargement, or other special services: Direct cost of reproduction to GSA.</P>
                <P>Reproduction by other than routine electrostatic copying: Direct cost of reproduction to GSA.</P>
              </EXTRACT>
              
              <P>(c) Any fees not provided for under paragraph (b) of this section, shall be calculated as direct costs, in accordance with § 105-60.305-1(b).</P>
              <P>(d) GSA will assess fees based on the category of the requester as defined in § 105-60.305-1(f)-(1); i.e., commercial-use, educational and noncommercial scientific institutions, news media, and all other. The fees listed in paragraph (b) of this section apply with the following exceptions:</P>
              <P>(1) GSA will not charge the requester if the fee is $25 or less as the cost of collection is greater than the fee.</P>
              <P>(2) Educational and noncommercial scientific institutions and the news media will be charged for the cost of reproduction alone. These requesters are entitled to the first 100 pages (paper copies) of duplication at no cost. The following are examples of how these fees are calculated:</P>
              <P>(i) A request that results in 150 pages of material. No fee would be assessed for duplication of 150 pages. The reason is that these requesters are entitled to the first 100 pages at no charge. The charge for the remaining 50 pages would be $5.00. This amount would not be billed under the preceding section.</P>
              <P>(ii) A request that results in 450 pages of material. The requester in this case would be charged $35.00. The reason is that the requester is entitled to the first 100 pages at no charge. The charge for the remaining 350 pages would be $35.</P>

              <P>(3) Noncommercial requesters who are not included under paragraph (d)(2) of this section will be entitled to the first 100 pages (page copies) of duplication at not cost and two hours of search without charge. The term <E T="03">search time</E> generally refers to manual search. To apply this term to searches made by computer, GSA will determine the hourly cost of operating the central processing unit and the operator's hourly salary plus 16 percent. When the cost of search (including the operator time and the cost of operating the computer to process a request) reaches the equivalent dollar amount of two hours of the salary of the person performing a manual search, i.e., the operator, GSA will begin assessing charges for computer search.</P>
              <P>(4) GSA will charge commercial-use requesters fees which recover the full direct costs of searching for, reviewing for release, and duplicating the records sought. Commercial-use requesters are not entitled to two hours of free search time.</P>
              <P>(e) Determining category of requester. GSA may ask any requester to provide additional information at any time to determine what fee category he or she falls under.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-11</SECTNO>
              <SUBJECT>Fees for authenticated and attested copies.</SUBJECT>
              <P>The fees set forth in § 105-60.305-10 apply to requests for authenticated and attested copies of GSA records.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-12</SECTNO>
              <SUBJECT>Administrative actions to improve assessment and collection of fees.</SUBJECT>
              <P>(a) <E T="03">Charging interest.</E> GSA may charge requesters who fail to pay fees interest on the amount billed starting on the 31st day following the day on which the billing was sent. Interest will be at the rate prescribed in 31 U.S.C. 3717.</P>
              <P>(b) <E T="03">Effect of the Debt Collection Act of 1982.</E> GSA will take any action authorized by the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), including disclosure to consumer reporting agencies, use of collection agencies, and assessment of penalties and administrative costs, where appropriate, to encourage payment.</P>
              <P>(c) <E T="03">Aggregating requests.</E> When GSA reasonably believes that a requester, or <PRTPAGE P="137"/>group of requesters acting in concert, is attempting to break down a request into a series of requests related to the same subject for the purpose of evading the assessment of fees, GSA will combine any such requests and charge accordingly, including fees for previous requests where charges were not assessed. GSA will presume that multiple requests of this type within a 30-day period are made to avoid fees.</P>
              <P>(d) <E T="03">Advanced payments.</E> Whenever a requester is delinquent in paying the fee for a previous request (i.e., within 30 days of the date of the billing), GSA will require the requester to pay the full amount owed plus any applicable interest penalties and administrative costs as provided in paragraph (a) of this section or to demonstrate that he or she has, in fact, paid the fee. In such cases, GSA will also require advance payment of the full amount of the estimated fee before the agency begins to process a new request or a pending request from that requester. When advance payment is required under this selection, the administrative time limits in subsection (a)(6) of the FOIA (i.e., 10 working days from receipt of appeals from initial denial plus permissible time extensions) will begin only after GSA has received the fee payments described in § 105-60.305-8.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-13</SECTNO>
              <SUBJECT>Waiver of fee.</SUBJECT>
              <P>(a) Any request for a waiver or the reduction of a fee should be included in the initial letter requesting access to GSA records under § 105-60.402-1. The waiver request should explain how disclosure of the information would contribute significantly to public's understanding of the operations or activities of the Government and would not be primarily in the commercial interest of the requester. In responding to a requester, GSA will consider the following factors:</P>
              <P>(1) Whether the subject of the requested records concerns “the operations or activities of the Government.” The subject matter of the requested records must specifically concern identifiable operations or activities of the Federal Government. The connection between the records and the operations or activities must be direct and clear, not remote or attenuated.</P>
              <P>(2) Whether the disclosure is “likely to contribute” to an understanding of Government operations or activities. In this connection, GSA will consider whether the requested information is already in the public domain. If it is, then disclosure of the information would not be likely to contribute to an understanding of Government operations or activities, as nothing new would be added to the public record.</P>
              <P>(3) Whether disclosure of the requested information will contribute to “public's understanding.” The focus here must be on the contribution to public's understanding rather than personal benefit to be derived by the requester. For purposes of this analysis, the identity and qualifications of the requester should be considered to determine whether the requester is in a position to contribute to public's understanding through the requested disclosure.</P>
              <P>(4) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and if so: whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public's interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.”</P>
              <P>(b) GSA will ask the requester to furnish additional information if the initial request is insufficient to evaluate the merits of the request. GSA will not start processing a request until the fee waiver issue has been resolved unless the requester has provided written assurance of payment in full if the fee waiver is denied by the agency.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.4—Described Records</HD>
            <SECTION>
              <SECTNO>§ 105-60.401</SECTNO>
              <SUBJECT>General.</SUBJECT>

              <P>(a) Except for records made available in accordance with subparts 105-60.2 and 105-60.3 of this part, GSA will make records available to a requester promptly when the request reasonably describes the records unless GSA invokes an exemption in accordance with subpart 105-60.5 of this part. Although the burden of reasonable description of the records rests with the requester, <PRTPAGE P="138"/>whenever practical GSA will assist requesters to describe records more specifically.</P>
              <P>(b) Whenever a request does not reasonably describe the records requested, GSA may contact the requester to seek a more specific description. The 20-workday time limit set forth in § 105-60.402-2 will not start until the official identified in § 105-60.402-1 or other responding official receives a request reasonably describing the records.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.402</SECTNO>
              <SUBJECT>Procedures for making records available.</SUBJECT>
              <P>This subpart sets forth initial procedures for making records available when they are requested, including administrative procedures to be exhausted prior to seeking judicial review by an appropriate United States District Court.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.402-1</SECTNO>
              <SUBJECT>Submission of requests.</SUBJECT>
              <P>For records located in the GSA Central Office, the requester must submit a request in writing to the GSA FOIA Officer, General Services Administration (CAI), Washington, DC 20405. Requesters may FAX requests to (202) 501-2727, or submit a request by electronic mail to gsa.foi@gsa.gov. For records located in the Office of Inspector General, the requester must submit a request to the FOIA Officer, Office of Inspector General, General Services Administration, 1800 F Street NW., Room 5324, Washington, DC 20405. For records located in the GSA regional offices, the requester must submit a request to the FOIA Officer for the relevant region, at the address listed in § 105-60.303(a). Requests should include the words “Freedom of Information Act Request” prominently marked on both the face of the request letter and the envelope. The 20-workday time limit for agency decisions set forth in § 105-60.402-2 begins with receipt of a request in the office of the official identified in this section, unless the provisions under §§ 105-60.305-8 and 105-60.305-12(d) apply. Failure to include the words “Freedom of Information Act Request” or to submit a request to the official identified in this section will result in processing delays. A requester with questions concerning a FOIA request should contact the GSA FOIA Office, General Services Administration (CAI), 18th and F Streets, NW., Washington, DC 20405, (202) 501-2262.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.402-2</SECTNO>
              <SUBJECT>Response to initial requests.</SUBJECT>
              <P>(a) GSA will respond to an initial FOIA request that reasonably describes requested records, including a fee waiver request, within 20 workdays (that is, excluding Saturdays, Sundays, and legal holidays) after receipt of a request by the office of the appropriate official specified in § 105-60.402-1. This letter will provide the agency's decision with respect to disclosure or nondisclosure of the requested records, or, if appropriate, a decision on a request for a fee waiver. If the records to be disclosed are not provided with the initial letter, the records will be sent as soon as possible thereafter.</P>
              <P>(b) In unusual circumstances, as described in § 105-60.404, GSA will inform the requester of the agency's need to take an extension of time, not to exceed an additional 10 workdays. This notice will afford requesters an opportunity to limit the scope of the request so that it may be processed within prescribed time limits or an opportunity to arrange an alternative time frame for processing the request or a modified request. Such mutually agreed time frames will supersede the 10 day limit for extensions.</P>

              <P>(c) GSA will consider requests for expedited processing from requesters who submit a statement describing a compelling need and certifying that this need is true and correct to the best of such person's knowledge and belief. A <E T="03">compelling need</E> means:</P>
              <P>(1) Failure to obtain the records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or</P>

              <P>(2) The information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity. An individual primarily engaged in dissmeninating information means a person whose primary activity involves publishing or otherwise disseminating information to the public. “Urgently needed” information has a particular <PRTPAGE P="139"/>value that will be lost if not disseminated quickly, such as a breaking news story or general public interest. Information of historical interest only, or information sought for litigation or commercial activities would not qualify, nor would a news media publication or broadcast deadline unrelated to the newsbreaking nature of the information.</P>
              <P>(d) GSA will decide whether to grant expedited processing within five working days of receipt of the request. If the request is granted, GSA will process the request ahead of non-expedited requests, as soon as practicable. If the request is not granted, GSA will give expeditious consideration to administrative appeals of this denial.</P>
              <P>(e) GSA may, at its discretion, establish three processing queues based on whether any requests have been granted expedited status and on the difficulty and complexity of preparing a response. Within each queue, responses will be prepared on a “first in, first out” basis. One queue will be made up of expedited requests; the second, of simple responses that clearly can be prepared without requesting an extension of time; the third, of responses that will require an extension of time.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.403</SECTNO>
              <SUBJECT>Appeal within GSA.</SUBJECT>
              <P>(a) A requester who receives a denial of a request, in whole or in part, a denial of a request for expedited processing or of a fee waiver request may appeal that decision within GSA. A requester may also appeal the adequacy of the search if GSA determines that it has searched for but has not requested records. The requester must send the appeal to the GSA FOIA Officer, General Services Administration (CAI), Washington, DC 20405, regardless of whether the denial being appealed was made in the Central Office or in a regional office. For denials which originate in the Office of Inspector General, the requester must send the appeal to the Inspector General, General Services Administration, 1800 F Street NW., Washington, DC 20405.</P>
              <P>(b) The GSA FOIA Officer must receive an appeal no later than 120 calendar days after receipt by the requester of the initial denial of access or fee waiver.</P>
              <P>(c) An appeal must be in writing and include 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. 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. GSA has 20 workdays after receipt of a proper appeal of denial of records to issue a determination with respect to the appeal. The 20-workday time limit shall not begin until the GSA FOIA Officer receives the appeal. As noted in § 105-60.404, 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.</P>
              <P>(d) A requester who receives a denial of an appeal, or who has not received a response to an appeal or initial request within the statutory time frame may seek judicial review in the United States 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 United States District Court for the District of Columbia.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.404</SECTNO>
              <SUBJECT>Extension of time limits.</SUBJECT>

              <P>(a) In unusual circumstances, the GSA FOIA Officer or the regional FOIA Officer may extend the time limits prescribed in §§ 105-60.402 and 105-60.403. For purposes of this section, the term <E T="03">unusual circumstances</E> means:</P>
              <P>(1) The need to search for an collect the requested records from field facilities or other establishments that are separate from the office processing the request;</P>
              <P>(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are described in a single request;</P>

              <P>(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or <PRTPAGE P="140"/>more components of GSA having substantial subject-matter interest therein; or</P>
              <P>(4) The need to consult with the submitter of the requested information.</P>
              <P>(b) If necessary, GSA may take more than one extension of time. However, the total extension of time to respond to any single request shall not exceed 10 workdays. The extension may be divided between the initial and appeal stages or within a single stage. GSA will provide written notice to the requester of any extension of time limits.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.405</SECTNO>
              <SUBJECT>Processing requests for confidential commercial information.</SUBJECT>
              <P>(a) <E T="03">General.</E> The following additional procedures apply when processing requests for confidential commercial information.</P>
              <P>(b) <E T="03">Definitions.</E> For the purposes of this section, the following definitions apply:</P>
              <P>(1) <E T="03">Confidential commercial information</E> means records provided to the Government by a submitter that contain material arguably exempt from release under 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause substantial competitive harm.</P>
              <P>(2) <E T="03">Submitter</E> means a person or entity which provides to the Government information which may constitute confidential commercial information. The term <E T="03">submitter</E> includes, but is not limited to, individuals, partnerships, corporations, State governments, and foreign governments.</P>
              <P>(c) <E T="03">Designating confidential commercial information.</E> Since January 1, 1988, submitters have been required to designate confidential commercial information as such when it is submitted to GSA or at a reasonable time thereafter. For information submitted in connection with negotiated procurements, the requirements of Federal Acquisition Regulation 48 CFR 15.407(c)(8) and 52.215-12 also apply.</P>
              <P>(d) <E T="03">Procedural requirements—consultation with the submitter.</E>(1) If GSA receives a FOIA request for potentially confidential commercial information, it will notify the submitter immediately by telephone and invite an opinion whether disclosure will or will not cause substantial competitive harm.</P>
              <P>(2) GSA will follow up the telephonic notice promptly in writing before releasing any records unless paragraph (f) of this section applies.</P>
              <P>(3) If the submitter indicates an objection to disclosure GSA will give the submitter seven workdays from receipt of the letter to provide GSA with a detailed written explanation of how disclosure of any specified portion of the records would be competitively harmful.</P>
              <P>(4) If the submitter verbally states that there is no objection to disclosure, GSA will confirm this fact in writing before disclosing any records.</P>
              <P>(5) At the same time GSA notifies the submitter, it will also advise the requester that there will be a delay in responding to the request due to the need to consult with the submitter.</P>
              <P>(6) GSA will review the reasons for nondisclosure before independently deciding whether the information must be released or should be withheld. If GSA decides to release the requested information, it will provide the submitter with a written statement explaining why his or her objections are not sustained. The letter to the submitter will contain a copy of the material to be disclosed or will offer the submitter an opportunity to review the material in none of GSA's offices. If GSA decides not to release the material, it will notify the submitter orally or in writing.</P>
              <P>(7) If GSA determines to disclose information over a submitter's objections, it will inform the submitter the GSA will delay disclosure for 5 workdays from the estimated date the submitter receives GSA's decision before it releases the information. The decision letter to the requester shall state that GSA will delay disclosure of material it has determined to disclose to allow for the notification of the submitter.</P>
              <P>(e) <E T="03">When notice is required.</E> (1) For confidential commercial information submitted prior to January 1, 1988, GSA will notify a submitter whenever it receives a FOIA request for such information:</P>

              <P>(i) If the records are less than 10 years old and the information has been <PRTPAGE P="141"/>designated by the submitter as confidential commercial information; or</P>
              <P>(ii) If GSA has reason to believe that disclosure of the information could reasonably be expected to cause substantial competitive harm.</P>
              <P>(2) For confidential commercial information submitted on or after January 1, 1988, GSA will notify a submitter whenever it determines that the agency may be required to disclose records:</P>
              <P>(i) That the submitter has previously designated as privileged or confidential; or</P>
              <P>(ii) That GSA believes could reasonably be expected to cause substantial competitive harm if disclosed.</P>
              <P>(3) GSA will provide notice to a submitter for a period of up to 10 years after the date of submission.</P>
              <P>(f) <E T="03">When notice is not required.</E> The notice requirements of this section will not apply if:</P>
              <P>(1) GSA determines that the information should not be disclosed;</P>
              <P>(2) The information has been published or has been officially made available to the public;</P>
              <P>(3) Disclosure of the information is required by law other than the FOIA;</P>
              <P>(4) Disclosure is required by an agency rule that</P>
              <P>(i) Was adopted pursuant to notice and public comment;</P>
              <P>(ii) specifies narrow classes of records submitted to the agency that are to be released under FOIA; and</P>
              <P>(iii) provides in exceptional circumstances for notice when the submitter provides written justification, at the time the information is submitted for a reasonable time thereafter, that disclosure of the information could reasonably be expected to cause substantial competitive harm;</P>
              <P>(5) The information is not designated by the submitter as exempt from disclosure under paragraph (c) of this section, unless GSA has substantial reason to believe that disclosure of the information would be competitively harmful; or</P>
              <P>(6) The designation made by the submitter in accordance with paragraph (c) of this section appears obviously frivolous; except that, in such cases, the agency must provide the submitter with written notice of any final administrative decision five workdays prior to disclosing the information.</P>
              <P>(g) <E T="03">Lawsuits.</E> If a FOIA requester sues the agency to compel disclosure of confidential commercial information, GSA will notify the submitter as soon as possible. If the submitter sues GSA to enjoin disclosure of the records, GSA will notify the requester.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.5—Exemptions</HD>
            <SECTION>
              <SECTNO>§ 105-60.501</SECTNO>
              <SUBJECT>Categories of records exempt from disclosure under the FOIA.</SUBJECT>
              <P>(a) 5 U.S.C. 552(b) provides that the requirements of the FOIA do not apply to matters that are:</P>
              <P>(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;</P>
              <P>(2) Related solely to the internal personnel rules and practices of an agency;</P>
              <P>(3) Specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute</P>
              <P>(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or</P>
              <P>(ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld;</P>
              <P>(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;</P>
              <P>(5) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;</P>
              <P>(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;</P>
              <P>(7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information</P>

              <P>(i) could reasonably be expected to interfere with enforcement proceedings;<PRTPAGE P="142"/>
              </P>
              <P>(ii) would deprive a person of a right to a fair trial or an impartial adjudication;</P>
              <P>(iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;</P>
              <P>(iv) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which 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;</P>
              <P>(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</P>
              <P>(vi) could reasonably be expected to endanger the life or physical safety of any individual;</P>
              <P>(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</P>
              <P>(9) Geological and geophysical information and data, including maps, concerning wells.</P>
              <P>(b) GSA will provide any reasonably segregable portion of a record to a requester after deletion of the portions that are exempt under this section. If GSA must delete information from a record before disclosing it, this information, and the reasons for withholding it, will be clearly described in the cover letter to the requester or in an attachment. Unless indicating the extent of the deletion would harm an interest protected by an exemption, the amount of deleted information shall be indicated on the released portion of paper records by use of brackets or darkened areas indicating removal of information. In the case of electronic deletion, the amount of redacted information shall be indicated at the place in the record where such deletion was made, unless including the indication would harm an interest protected by the exemption under which the exemption was made.</P>
              <P>(c) GSA will invoke no exemption under this section to deny access to records that would be available pursuant to a request made under the Privacy Act of 1974 (5 U.S.C. 552a) and implementing regulations, 41 CFR part 105-64, or if disclosure would cause no demonstrable harm to any governmental or private interest.</P>
              <P>(d) Pursuant to National Defense Authorization Act of Fiscal Year 1997, Pub. L. No. 104-201, section 821, 110 Stat. 2422, GSA will invoke Exemption 3 to deny access to any proposal submitted by a vendor in response to the requirements of a solicitation for a competitive proposal unless the proposal is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal.</P>
              <P>(e) Whenever a request is made which involves access to records described in § 105-60.501(a)(7)(i) and the investigation or proceeding involves a possible violation of criminal law, and there is reason to believe that the subject of the investigation or proceeding is not aware of it, and disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section.</P>
              <P>(f) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed.</P>

              <P>(g) Whenever a request is made that involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the <PRTPAGE P="143"/>records is classified information as provided in paragraph (a)(1) of this section, the Bureau may, as long as the existence of the records remains classified information, treat the records are not subject to the requirements of this section.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.6—Production or Disclosure by Present or Former General Services Administration Employees in Response to Subpoenas or Similar Demands in Judicial or Administrative Proceedings</HD>
            <SECTION>
              <SECTNO>§ 105—60.601</SECTNO>
              <SUBJECT>Purpose and scope of subpart.</SUBJECT>
              <P>(a) By virtue of the authority vested in the Administrator of General Services by 5 U.S.C. 301 and 40 U.S.C. 486(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105—60.602</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>For purposes of this subpart, the following definitions apply:</P>
              <P>(a) <E T="03">Material</E> 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.</P>
              <P>(b) <E T="03">Information</E> 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.</P>
              <P>(c) <E T="03">Demand</E> 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.</P>
              <P>(d) <E T="03">Appropriate Authority</E> means the following officials who are delegated authority to approve or deny responses to demands for material, information or testimony:</P>
              <P>(1) The Counsel to the Inspector General for material and information 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;</P>
              <P>(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;</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.603</SECTNO>
              <SUBJECT>Acceptance of service of a subpoena duces tecum or other legal demand on behalf of the General Services Administration.</SUBJECT>

              <P>(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 <PRTPAGE P="144"/>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.</P>
              <P>(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.</P>
              <P>(c) A Regional Administrator or Regional Counsel shall notify the General Counsel of a demand which may raise policy concerns or affect multiple regions.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.604</SECTNO>
              <SUBJECT>Production or disclosure prohibited unless approved by the Appropriate Authority.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.605</SECTNO>
              <SUBJECT>Procedure in the event of a demand for production or disclosure.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(2) Production of material. When information other than oral testimony is sought by a demand, the Appropriate 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.</P>
              <P>(3) 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.</P>
              <P>(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.</P>

              <P>(e) Factors to be considered by the Appropriate Authority in responding to demands:<PRTPAGE P="145"/>
              </P>
              <P>(1) Whether disclosure or production is appropriate under rules of procedure governing the proceeding out of which the demand arose;</P>
              <P>(2) The relevance of the testimony or documents to the proceedings;</P>
              <P>(3) The impact of the relevant substantive law concerning applicable privileges recognized by statute, common law, judicial interpretation or similar authority;</P>
              <P>(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;</P>
              <P>(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;</P>
              <P>(6) The impact on pending or potential litigation involving GSA or the United States as a party;</P>
              <P>(7) In consultation with the head of the GSA organizational component affected, the burden on GSA which disclosure or production would entail; and</P>
              <P>(8) Any additional factors unique to a particular demand or proceeding.</P>
              <P>(f) The Appropriate Authority shall not approve a disclosure or production which would:</P>
              <P>(1) Violate a statute or a specific regulation;</P>
              <P>(2) Reveal classified information, unless appropriately declassified by the originating agency;</P>
              <P>(3) Reveal a confidential source or informant, unless the investigative agency and the source or informant consent;</P>
              <P>(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;</P>
              <P>(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</P>
              <P>(6) Be contrary to a recognized privilege.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.606</SECTNO>
              <SUBJECT>Procedure where response to demand is required prior to receiving instructions.</SUBJECT>
              <P>(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 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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.607</SECTNO>
              <SUBJECT>Procedure in the event of an adverse ruling.</SUBJECT>

              <P>If the court or other authority declines to stay the effect of the demand <PRTPAGE P="146"/>in response to a request made in accordance with § 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. <E T="03">Touhy</E> v. <E T="03">Ragen,</E> 340 U.S. 462 (1951).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.608</SECTNO>
              <SUBJECT>Fees, expenses, and costs.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-62</EAR>
          <HD SOURCE="HED">PART 105-62—DOCUMENT SECURITY AND DECLASSIFICATION</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-62.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105.62.1—Classified Materials</HD>
              <SECTNO>105-62.101</SECTNO>
              <SUBJECT>Security classification categories.</SUBJECT>
              <SECTNO>105-62.102</SECTNO>
              <SUBJECT>Authority to originally classify.</SUBJECT>
              <SECTNO>105-62.103</SECTNO>
              <SUBJECT>Access to GSA-originated materials.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-62.2—Declassification and Downgrading</HD>
              <SECTNO>105-62.201</SECTNO>
              <SUBJECT>Declassification and downgrading.</SUBJECT>
              <SECTNO>105-62.202</SECTNO>
              <SUBJECT>Review of classified materials for declassification purposes.</SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); and E.O. 12065 dated June 28, 1978.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>44 FR 64805, Nov. 8, 1979, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-62.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-62.1—Classified Materials</HD>
            <SECTION>
              <SECTNO>§ 105-62.101</SECTNO>
              <SUBJECT>Security classification categories.</SUBJECT>
              <P>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:</P>
              <P>(a) <E T="03">Top Secret.</E> 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 <PRTPAGE P="147"/>shall be used with the utmost restraint.</P>
              <P>(b) <E T="03">Secret.</E> 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.</P>
              <P>(c) <E T="03">Confidential.</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-62.102</SECTNO>
              <SUBJECT>Authority to originally classify.</SUBJECT>
              <P>(a) <E T="03">Top secret, secret, and confidential.</E> 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.</P>
              <P>(b) <E T="03">Limitations on delegation of classification authority.</E> Delegations of original classification authority are limited to the minimum number absolutely required for efficient administration. Delegated original classification authority may not be redelegated.</P>
              <CITA>[47 FR 5416, Feb. 5, 1982]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-62.103</SECTNO>
              <SUBJECT>Access to GSA-originated materials.</SUBJECT>
              <P>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 § 105-62.103.</P>
              <P>(a) <E T="03">Access by historical researchers.</E> Persons outside the executive branch who are engaged in historical research projects, may be authorized access to classified information or material, provided that:</P>
              <P>(1) A written determination is made by the Administrator of General Services that such access is clearly consistent with the interests of national security.</P>
              <P>(2) Access is limited to that information over which GSA has classification jurisdiction.</P>
              <P>(3) The material requested is reasonably accessible and can be located with a reasonable amount of effort.</P>
              <P>(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.”</P>
              <P>(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 § 105-62.103(a).</P>
              <P>(b) <E T="03">Access by former Presidential appointees.</E> 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:</P>
              <P>(1) To safeguard the information,</P>
              <P>(2) To authorize a review of his or her notes for determination that no classified information is contained therein, and</P>
              <P>(3) To ensure that no classified information will be further disseminated or published.</P>
              <P>(c) <E T="03">Access during judicial proceedings.</E> 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 <PRTPAGE P="148"/>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.</P>
              <P>(d) <E T="03">Access to material in NARS custody.</E> 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.</P>
              <P>(e) <E T="03">Access by the General Accounting Office and congressional committees.</E> 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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-62.2—Declassification and Downgrading</HD>
            <SECTION>
              <SECTNO>§ 105-62.201</SECTNO>
              <SUBJECT>Declassification and downgrading.</SUBJECT>
              <P>(a) <E T="03">Authority to downgrade and declassify.</E> The authority to downgrade and declassify national security information or material shall be exercised as follows:</P>
              <P>(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.</P>
              <P>(2) Downgrading and declassification authority may also be exercised by an official specifically authorized by the Administrator.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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 § 105-62.202(b).</P>
              <P>(b) <E T="03">Declassification.</E> Declassification of information shall be given emphasis comparable to that acccorded 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 § 105-62.202 determines that the information continues to meet the classification requirements prescribed despite the passage of time.</P>
              <P>(c) <E T="03">Downgrading.</E> 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 <PRTPAGE P="149"/>official authorized to declassify the same information. Notice of downgrading shall be provided to known holders of the information.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-62.202</SECTNO>
              <SUBJECT>Review of classified materials for declassification purposes.</SUBJECT>
              <P>(a) <E T="03">Systematic review for declassification.</E> 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.</P>
              <P>(b) <E T="03">Mandatory review for declassification.</E> 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.</P>
              <P>(c) <E T="03">Submission of requests for review.</E> Requests for mandatory review of classified information shall be submitted in accordance with the following:</P>
              <P>(1) Requests originating within GSA shall in all cases be submitted directly to the service or staff office that originated the information.</P>
              <P>(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.</P>
              <P>(d) <E T="03">Requirements for processing.</E> 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:</P>
              <P>(1) The request is in writing and reasonably describes the information sought with sufficient particularity to enable the element to identify it.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(e) <E T="03">Processing of requests.</E> Requests that meet the foregoing requirements for processing will be acted upon as follows:</P>
              <P>(1) GSA action upon the initial request shall be completed within 60 days.</P>
              <P>(2) Receipt of the request shall be acknowledged within 7 days.</P>
              <P>(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.</P>
              <P>(f) <E T="03">Foreign government information.</E> 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 <PRTPAGE P="150"/>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.</P>
              <P>(g) <E T="03">Information classified outside the service or staff office.</E> 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.</P>
              <P>(h) <E T="03">Action on appeal.</E> The following procedures shall be followed when denials of requests for declassification are appealed:</P>
              <P>(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).</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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 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.</P>
              <P>(5) Final action on appeals shall be completed within 30 days of the date of the appeal.</P>
              <P>(i) <E T="03">Prohibition.</E> 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.</P>
              <P>(j) <E T="03">Presidential papers.</E> 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.</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <PRTPAGE P="151"/>
          <EAR>Pt. 105-64</EAR>
          <HD SOURCE="HED">PART 105-64—REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-64.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SECTNO>105-64.001</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-64.002</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.1—General Policy</HD>
              <SECTNO>105-64.101</SECTNO>
              <SUBJECT>Maintenance of records.</SUBJECT>
              <SECTNO>105-64.101-1</SECTNO>
              <SUBJECT>Collection and use.</SUBJECT>
              <SECTNO>105-64.101-2</SECTNO>
              <SUBJECT>Standards of accuracy.</SUBJECT>
              <SECTNO>105-64.101-3</SECTNO>
              <SUBJECT>Rules of conduct.</SUBJECT>
              <SECTNO>105-64.101-4</SECTNO>
              <SUBJECT>Safeguarding systems of records.</SUBJECT>
              <SECTNO>105-64.101-5</SECTNO>
              <SUBJECT>Inconsistent directives of GSA superseded.</SUBJECT>
              <SECTNO>105-64.102</SECTNO>
              <SUBJECT>Records of other agencies.</SUBJECT>
              <SECTNO>105-64.103</SECTNO>
              <SUBJECT>Subpoenas and other legal demands.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.2—Disclosure of Records</HD>
              <SECTNO>105-64.201</SECTNO>
              <SUBJECT>Conditions of disclosure.</SUBJECT>
              <SECTNO>105-64.202</SECTNO>
              <SUBJECT>Procedures for disclosure.</SUBJECT>
              <SECTNO>105-64.203</SECTNO>
              <SUBJECT>Accounting of disclosure.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.3—Individual Access to Records</HD>
              <SECTNO>105-64.301</SECTNO>
              <SUBJECT>Access procedures.</SUBJECT>
              <SECTNO>105-64.301-1</SECTNO>
              <SUBJECT>Form of requests.</SUBJECT>
              <SECTNO>105-64.301-2</SECTNO>
              <SUBJECT>Special requirements for medical records.</SUBJECT>
              <SECTNO>105-64.301-3</SECTNO>
              <SUBJECT>Granting access.</SUBJECT>
              <SECTNO>105-64.301-4</SECTNO>
              <SUBJECT>Denials of access.</SUBJECT>
              <SECTNO>105-64.301-5</SECTNO>
              <SUBJECT>Appeal of denial of access within GSA.</SUBJECT>
              <SECTNO>105-64.301-6</SECTNO>
              <SUBJECT>Geographic composition, addresses and telephone numbers of regional Administrative Services Division directors.</SUBJECT>
              <SECTNO>105-64.302</SECTNO>
              <SUBJECT>Fees.</SUBJECT>
              <SECTNO>105-64.302-1</SECTNO>
              <SUBJECT>Records available at a fee.</SUBJECT>
              <SECTNO>105-64.302-2</SECTNO>
              <SUBJECT>Additional copies.</SUBJECT>
              <SECTNO>105-64.302-3</SECTNO>
              <SUBJECT>Waiver of fee.</SUBJECT>
              <SECTNO>105-64.302-4</SECTNO>
              <SUBJECT>Prepayment of fees over $25.</SUBJECT>
              <SECTNO>105-64.302-5</SECTNO>
              <SUBJECT>Form of payment.</SUBJECT>
              <SECTNO>105-64.302-6</SECTNO>
              <SUBJECT>Reproduction fee schedule.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.4—Requests to Amend Records</HD>
              <SECTNO>105-64.401</SECTNO>
              <SUBJECT>Submission of requests to amend records.</SUBJECT>
              <SECTNO>105-64.402</SECTNO>
              <SUBJECT>Review of requests to amend records.</SUBJECT>
              <SECTNO>105-64.403</SECTNO>
              <SUBJECT>Approval of requests to amend.</SUBJECT>
              <SECTNO>105-64.404</SECTNO>
              <SUBJECT>Denial of requests to amend.</SUBJECT>
              <SECTNO>105-64.405</SECTNO>
              <SUBJECT>Agreement to alternative amendments.</SUBJECT>
              <SECTNO>105-64.406</SECTNO>
              <SUBJECT>Appeal of denial of request to amend a record.</SUBJECT>
              <SECTNO>105-64.407</SECTNO>
              <SUBJECT>Statements of disagreement.</SUBJECT>
              <SECTNO>105-64.408</SECTNO>
              <SUBJECT>Judicial review.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.5—Reporting New Systems and Altering Existing Systems</HD>
              <SECTNO>105-64.501</SECTNO>
              <SUBJECT>Reporting requirement.</SUBJECT>
              <SECTNO>105-64.502</SECTNO>
              <SUBJECT>
                <E T="04">Federal Register</E> notice of establishment of new system or alteration of existing system.</SUBJECT>
              <SECTNO>105-64.503</SECTNO>
              <SUBJECT>Effective date of new systems of records or alteration of an existing system of records.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.6—Exemptions</HD>
              <SECTNO>105-64.601</SECTNO>
              <SUBJECT>General exemptions.</SUBJECT>
              <SECTNO>105-64.602</SECTNO>
              <SUBJECT>Specific exemptions.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-64.7—Assistance and Referrals</HD>
              <SECTNO>105-64.701</SECTNO>
              <SUBJECT>Requests for assistance and referral. </SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); 88 Stat. 1897 (5 U.S.C. 552a).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>50 FR 43139, Oct. 24, 1985, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-64.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>The policies and procedures for collecting, using, and disseminating records maintained by GSA are subject to 5 U.S.C. 552a, and defined in § 105-64.002. Policies and procedures governing availability of records in general are in parts 105-60 and 61 of this chapter. This part also covers exemptions from disclosing personal information; procedures guiding persons who wish to obtain information, or to inspect or correct the content of records; accounting for disclosure of information; requirements for medical records; and fees.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-64.001</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>This part implements 5 U.S.C. 552a (Pub. L. 93-579), known as the Privacy Act of 1974 (referred to as the Act). This part states procedures for notifying an individual of a GSA system of records containing a record pertaining to him or her, procedures for gaining access to or contesting the content of records, and other procedures for carrying out the Act.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-64.002</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>

            <P>For the purpose of this part 105-64, the terms listed below are defined as follows:<PRTPAGE P="152"/>
            </P>
            <P>(a) <E T="03">Agency</E> means agency as defined in 5 U.S.C. 552(e);</P>
            <P>(b) <E T="03">Individual</E> means a citizen of the United States or a legal alien admitted for permanent residence;</P>
            <P>(c) <E T="03">Maintain</E> means keep, collect, use, and disseminate;</P>
            <P>(d) <E T="03">A record</E> means any item, collection, or grouping of information an agency maintains about a person, including, but not limited to, his or her educational background, financial transactions, medical history, and employment or criminal history, and that contains his or her name or other identifying number of symbols such as a fingerprint, voiceprint, or photograph;</P>
            <P>(e) <E T="03">A system of records</E> means any group of records under the control of the agency from which information is retrieved by a person's name or by an identifying number, symbols, or other identifiers assigned to that individual;</P>
            <P>(f) <E T="03">A statistical record</E> means an item of information maintained for statistical research or reporting purposes that is not used in making any determination about an identifiable person, except as provided by Section 8 of Title 13 U.S.C.;</P>
            <P>(g) <E T="03">Routine use</E> means using a record for the purpose for which it was intended;</P>
            <P>(h) <E T="03">System manager</E> means the GSA employee who maintains a system of records and who collects, uses, and disseminates the information in it;</P>
            <P>(i) <E T="03">The subject individual</E> means the person named or discussed in a record or the person to whom a record refers;</P>
            <P>(j) <E T="03">Disclosure</E> means transferring a record, a copy of a record, or the information contained in a record to someone other than the subject individual, or the reviewing of a record by someone other than the subject individual;</P>
            <P>(k) <E T="03">Access</E> means a transfer of a record, a copy of a record, or the information in a record to the subject individual, or the review of a record by the subject individual; and</P>
            <P>(l) <E T="03">Solicitation</E> means a request by an officer or employee of GSA for a person to provide information about himself or herself.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.1—General Policy</HD>
            <SECTION>
              <SECTNO>§ 105-64.101</SECTNO>
              <RESERVED>Maintenance of records.</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.101-1</SECTNO>
              <SUBJECT>Collection and use.</SUBJECT>
              <P>(a) <E T="03">General.</E> The system manager (also called the manager) should collect information used for determining an individual's rights, benefits, or privileges under GSA programs directly from the subject individual if practical. The system manager should ensure that information collected is used only as intended by the Act and these regulations.</P>
              <P>(b) <E T="03">Soliciting information.</E> Manager must ensure that when information is solicited, the person is informed of the authority for collecting it; whether providing it is mandatory or voluntary; the purpose for which it will be used; routine uses of the information; and the effect on the individual, if any, of not providing the information. Heads of Services and Staff Offices and Regional Administrators must ensure that forms used to solicit information comply with the Act and these regulations.</P>
              <P>(c) <E T="03">Soliciting a social security number.</E> Before requesting a person to disclose his or her social security number, ensure either:</P>
              <P>(1) The disclosure is required by Federal statute, or;</P>
              <P>(2) Disclosure is required under a statute or regulation adopted before January 1, 1975, to verify the person's identity, and that it was part of a system of records in existence before January 1, 1975.</P>
              <FP>If soliciting a social security number is authorized under paragraph (c) (1) or (2) of this section, inform the person beforehand whether the disclosure is mandatory or voluntary, by what legal or other authority the number is requested, and the use that is to be made of it.</FP>
              <P>(d) <E T="03">Soliciting information from third parties.</E> Officers or employees must inform third parties requested to provide information about another person of the reason for collecting the information.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.101-2</SECTNO>
              <SUBJECT>Standards of accuracy.</SUBJECT>

              <P>Managers should ensure that the records used by the Agency to make <PRTPAGE P="153"/>determinations about an individual are maintained with the accuracy, relevance, timeliness, and completeness needed to ensure fairness to the individual.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.101-3</SECTNO>
              <SUBJECT>Rules of conduct.</SUBJECT>
              <P>Those who design, develop, operate, or maintain a system of records, or any record, must review 5 U.S.C. 552a and the regulations in this part and follow 41 CFR part 105-735, Standards of Conduct, for protecting personal information.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.101-4</SECTNO>
              <SUBJECT>Safeguarding systems of records.</SUBJECT>
              <P>Managers must ensure that administrative, technical, and physical safeguards are established to ensure the security and confidentiality of records and to protect against possible threats or hazards which could be harmful, embarrassing, inconvenient, or unfair to any individual. They must protect personnel information contained in manual and automated systems of records by using the following safeguards:</P>
              <P>(a) Storing official personnel folders and work folders in a lockable filing cabinet when not in use. The system manager may use an alternative storage system if it provides the same security as a locked cabinet.</P>
              <P>(b) Designating other sensitive records that need safeguards similar to those described in paragraph (a) of this section.</P>
              <P>(c) Permitting access to and use of automated or manual personnel records only to persons whose official duties require it, or to a subject individual or to his or her representative.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.101-5</SECTNO>
              <SUBJECT>Inconsistent directives of GSA superseded.</SUBJECT>
              <P>This part 105-64 applies or takes precedence when any GSA directive disagrees with it.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.102</SECTNO>
              <SUBJECT>Records of other agencies.</SUBJECT>
              <P>If a GSA employee receives a request to review records that are the primary responsibility of another agency, but are maintained by or in the temporary possession of GSA, the employee should consult with the other agency before releasing the records. Records in the custody of GSA that are the responsibility of the Office of Personnel Management (OPM) are governed by rules issued by OPM under the Privacy Act.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.103</SECTNO>
              <SUBJECT>Subpoenas and other legal demands.</SUBJECT>
              <P>Access to systems of records by subpoena or other legal process must meet the provisions of ubpart 105-60.6 of this chapter.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.2—Disclosure of Records</HD>
            <SECTION>
              <SECTNO>§ 105-64.201</SECTNO>
              <SUBJECT>Conditions of disclosure.</SUBJECT>
              <P>GSA employees may not disclose any record to a person or another agency without the express written consent of the subject individual unless the disclosure is:</P>
              <P>(a) To GSA officials or employees who need the information to perform their official duties;</P>
              <P>(b) Required by the Freedom of Information Act;</P>
              <P>(c) For a routine use identified in the <E T="04">Federal Register;</E>
              </P>
              <P>(d) For Bureau of the Census use under Title 13 of the United States Code;</P>
              <P>(e) To someone who has assured GSA in writing that the record is to be used solely for statistical research or reporting, and if it does not identify an individual;</P>
              <P>(f) To the National Archives of the United States as a record that has historical or other value warranting permanent retention;</P>
              <P>(g) To another agency or instrumentality under the jurisdiction or control of the United States for a civil or criminal law enforcement activity, if the head of the agency or instrumentality or the designated representative has made a written request to GSA specifying the part needed and the law enforcement agency seeking it;</P>
              <P>(h) To a person showing compelling circumstances affecting someone's health and safety not necessarily the subject individual (Upon disclosure, a notification must be sent to the subject individual's last known address);</P>

              <P>(i) To either House of Congress or to a committee or subcommittee (joint or of either House), to the extent that the matter falls within its jurisdiction;<PRTPAGE P="154"/>
              </P>
              <P>(j) To the Comptroller General or an authorized representative while performing the duties of the General Accounting Office;</P>
              <P>(k) Under an order of a court of competent jurisdiction; or</P>
              <P>(l) To a consumer reporting agency under section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 3711(f)(1)).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.202</SECTNO>
              <SUBJECT>Procedures for disclosure.</SUBJECT>
              <P>(a) On receiving a request to disclose a record, the manager should verify the requester's right to obtain the information under § 105-64.201. Upon verification, the manager may make the records available.</P>
              <P>(b) If the manager decides the record can't be disclosed, he or she must inform the requester in writing and state that the denial can be appealed to the GSA Privacy Act Officer, General Services Administration (ATRAI), for a final decision.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.203</SECTNO>
              <SUBJECT>Accounting of disclosure.</SUBJECT>
              <P>(a) Except for disclosures made under § 105-64.201 (a) and (b), an accurate account of each disclosure is kept and retained for 5 years or for the life of the record, whichever is longer. The date, reason, and type of information disclosed, as well as the name and address of the person or agency to whom you disclosed it are noted.</P>
              <P>(b) The manager also keeps with the account of information disclosed:</P>
              <P>(1) A statement justifying the disclosure;</P>
              <P>(2) Any documentation related to disclosing a record for statistical or law enforcement use; and</P>
              <P>(3) The written consent of the person concerned.</P>
              <P>(c) Except when records are disclosed to agencies or instrumentalities for law enforcement under § 105-64.201(g) or from exempt systems (see subpart 105-64.6), accounts of information disclosed must be opened to the person concerned, upon request. Procedures to request such access are given in the following subpart.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.3—Individual Access to Records</HD>
            <SECTION>
              <SECTNO>§ 105-64.301</SECTNO>
              <RESERVED>Access procedures.</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.301-1</SECTNO>
              <SUBJECT>Form of requests.</SUBJECT>
              <P>(a) A person who wants to see a record or any information concerning him or her that is contained in a system or records maintained in the GSA Central Office should send a written request to the GSA Privacy Act Officer, General Services Administration (ATRAI), Washington, DC 20405. For records maintained in GSA regional offices, send the request to the Director, Administrative Services Division at the address shown in § 105-64.301-6.</P>

              <P>(b) Requests must be made in writing and must be labeled Privacy Act Request both on the letter and on the envelope. The letter should contain the full name and identifying number of the system as published in the <E T="04">Federal Register;</E> the full name and address of the subject individual; a brief description of the nature, time, place, and circumstances of the person's association with GSA; and any other information that would indicate whether the information is in the system of records. The 10-workday time limit for the agency to reply under § 105-64.301-3, begins when a request is received in the office of the official identified in this section.</P>
              <P>(c) Managers may accept oral requests for access, if the requester is properly identified.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.301-2</SECTNO>
              <SUBJECT>Special requirements for medical records.</SUBJECT>

              <P>(a) A manager who receives a request for access to official medical records belonging to the Office of Personnel Management and described in Chapter 339, Federal Personnel Manual (records about entrance qualification, fitness for duty, or records filed in the official personnel folder), should refer the matter to a Federal medical officer for a decision under this section. If no medical officer is available, the manager should send the request and the medical reports to the Office of Personnel Management for a decision.<PRTPAGE P="155"/>
              </P>
              <P>(b) If the Federal medical officer believes the medical records requested by the subject individual discuss a condition that a physician would hesitate to reveal to the person, the manager may release the information only to a physician designated in writing by the subject individual, his or her guardian, or conservator. If the records contain information the physician would likely disclose to the person, the information may be released to anyone the person authorizes in writing to receive it.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.301-3</SECTNO>
              <SUBJECT>Granting access.</SUBJECT>
              <P>(a) Upon receiving a request for access to nonexempt records, the manager must make them available to the subject individual or acknowledge the request within 10 workdays after it is received, stating when the records will be available.</P>
              <P>(b) If the manager expects a delay of more than the 10 days allowed, he or she should state the reason why in the acknowledgement.</P>
              <P>(c) If a request for access does not contain enough information to find the records, the manager should request additional information from the individual and is allowed 10 more workdays after receiving it to make the records available or acknowledge receiving the request.</P>
              <P>(d) Records are available during normal business hours at the offices where the records are maintained. Requesters should be prepared to identify themselves by signature and to show other identification verifying their signature.</P>
              <P>(e) Managers may permit an individual to examine the original of a nonexempt record and, if asked, provide the person with a copy of the record. Fees are charged only for copies given to the person, not for copies made for the agency's convenience.</P>
              <P>(f) A requester may pick up a record in person or receive it by mail, directed to an address provided in the request. The manager should not give a record to a third party to deliver to the subject individual, except medical records as outlined in § 105-64.301-2 or as described in paragraph (g) of this section.</P>
              <P>(g) If a person wants to have someone else accompany him or her while reviewing a record or when obtaining a copy of it, he or she must first sign a statement authorizing the disclosure of the record. The system manager shall maintain this statement with the record.</P>
              <P>(h) The procedure to review the account of disclosures is the same as the procedures for reviewing a record.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.301-4</SECTNO>
              <SUBJECT>Denials of access.</SUBJECT>

              <P>(a) A manager may deny access to a record only if the information is being compiled in reasonable acticipation of a civil action or proceeding as provided under 5 U.S.C. 552(d)(5) or if rules published in the <E T="04">Federal Register</E> state that it is in a system of records that may not be disclosed. These systems are described in Subpart 105-64.6.</P>
              <P>(b) If a manager receives a request for access to a record in an exempt system of record, he or she should forward it to the Head of the Service or Staff Office or Regional Administrator, attaching an explanation and recommending the request be denied or granted.</P>
              <P>(c) If the manager is the Head of a Service or Staff Office or a Regional Administrator, he or she retains the responsibility for granting or denying the request.</P>
              <P>(d) The head of the Service or Staff Office or Regional Administrator, in consultation with legal counsel and other officials concerned, should decide whether the requested record is exempt from disclosure and,</P>
              <P>(1) If the record is not exempt, notify the system manager to grant the request under § 105-64.301-3; or</P>
              <P>(2) If the record is part of an exempt system he or she should:</P>
              <P>(i) Notify the requester that the request is denied, explain why it is denied, and inform the requester of his or her right to have GSA review the decision; or</P>
              <P>(ii) Notify the manager to make the record available under § 105-64.301-3, even though it is in an exempted system.</P>
              <P>(e) A copy of any denial of a request should be sent to the GSA Privacy Act Officer (ATRAI).</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="156"/>
              <SECTNO>§ 105-64.301-5</SECTNO>
              <SUBJECT>Appeal of denial of access within GSA.</SUBJECT>
              <P>(a) A requester who is denied access, in whole or in part, to records pertaining to him or her may file an administrative appeal. Appeals should be addressed to the GSA Privacy Act Officer, General Services Administration (ATRAI), Washington, DC 20405, regardless whether the denial was made by a Central Office or a regional official.</P>
              <P>(b) Each appeal to the Privacy Act Officer must be in writing. The appeal should be marked Privacy Act-Access Appeal, on the face of the letter and on the envelope.</P>
              <P>(c) On receiving an appeal, the Privacy Act Officer consults with the manager, the official who made the denial, legal counsel, and other officials concerned. If the Privacy Act Officer, after consultation, decides to grant the request, he or she notifies the manager in writing to grant access to the record under § 105-64.301-3, or grants access himself or herself and notifies the requester of that action.</P>
              <P>(d) If the Privacy Act Officer decides the appeal should be rejected, he or she sends the request file and any appeal, with a recommendation, to the Deputy Administrator for a final administrative decision.</P>

              <P>(e) If the Deputy Administrator decides to grant a request, he or she promptly instructs the system manager in writing to grant access to the record under <E T="61">§</E> 105-64.301-3. The Deputy Administrator sends a copy of the instructions to the Privacy Act Officer, who notifies the requester.</P>
              <P>(f) If the Deputy Administrator rejects an appeal, he or she should promptly notify the requester in writing. This action constitutes the final administrative decision on the request and should state:</P>
              <P>(1) The reason for rejecting the appeal; and</P>

              <P>(2) That the requester has the right to have a court review the final decision under <E T="61">§</E> 105-64.408.</P>
              <P>(g) The final decision must be made within 30 workdays from the date the appeal is received by the Privacy Act Officer. The Deputy Administrator may extend the time limit by notifying the requester in writing before the 30 days are up. The Deputy Administrator's letter should explain why the time was extended.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.301-6</SECTNO>
              <SUBJECT>Geographic composition, addresses and telephone numbers of regional Administrative Services Division directors.</SUBJECT>
              <EXTRACT>
                <HD SOURCE="HD3">Region 1</HD>
                <FP SOURCE="FP-1">Boston (includes Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont) Telephone: 617-223-5212</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (1BR), John W. McCormack Post Office and Courthouse, Boston, MA 02109</FP>
                <HD SOURCE="HD3">Region 2</HD>
                <FP SOURCE="FP-1">New York (includes New Jersey, New York, the Commonwealth of Puerto Rico, and the Virgin Islands) Telephone: 212-264-8262</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (2BR), 26 Federal Plaza, New York, NY 10278</FP>
                <HD SOURCE="HD3">Region 3</HD>
                <FP SOURCE="FP-1">Philadelphia (includes Delaware, Maryland, Pennsylvania, Virginia, and West Virginia with the exception of the National Capital Region) Telephone: 215-597-7926</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (3BR), Ninth and Market Streets, Philadelphia, PA 19107</FP>
                <HD SOURCE="HD3">Region 4</HD>
                <FP SOURCE="FP-1">Atlanta (includes Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee) Telephone: 404-221-3240</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (4BR), 75 Spring Street, SW, Atlanta, GA 30303</FP>
                <HD SOURCE="HD3">Region 5</HD>
                <FP SOURCE="FP-1">Chicago (includes Illinois, Indiana, Michigan, Ohio, Minnesota, and Wisconsin) Telephone: 312-353-8421</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (5BR), 230 South Dearborn Street, Chicago, IL 60604</FP>
                <HD SOURCE="HD3">Region 6</HD>
                <FP SOURCE="FP-1">Kansas City (includes Iowa, Kansas, Missouri, and Nebraska) Telephone: 816-374-7581</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (6BR), 1500 East Bannister Road, Kansas City, MO 64131</FP>
                <HD SOURCE="HD3">Region 7</HD>

                <FP SOURCE="FP-1">Fort Worth (includes Arkansas, Louisiana, New Mexico, Texas, and Oklahoma) Telephone: 817-334-2350<PRTPAGE P="157"/>
                </FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (7BR), 819 Taylor Street, Fort Worth, TX 76102</FP>
                <HD SOURCE="HD3">Region 8</HD>
                <FP SOURCE="FP-1">Denver (includes Colorado, North Dakota, South Dakota, Montana, Utah, and Wyoming) Telephone: 303-776-2231</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (8BR), Building 41, Denver Federal Center, Denver, CO 80225</FP>
                <HD SOURCE="HD3">Region 9</HD>
                <FP SOURCE="FP-1">San Francisco (includes Hawaii, California, Nevada, and Arizona) Telephone: 415-556-9130</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (9BR), 525 Market Street, San Francisco, CA 95105</FP>
                <HD SOURCE="HD3">Region 10</HD>
                <FP SOURCE="FP-1">Auburn (includes Alaska, Idaho, Oregon, and Washington) Telephone: 206-931-7128</FP>
                <FP SOURCE="FP-1">Director, Administrative Services Division, General Services Administration (10BR), GSA Center, Auburn, WA 98002</FP>
                <HD SOURCE="HD3">National Capital Region</HD>
                <FP SOURCE="FP-1">Washington, DC (includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland; the city of Alexandria and the counties of Arlington, Fairfax, Loudoun, and Prince William in Virginia) Telephone: 202-472-1650</FP>
                <FP SOURCE="FP-1">Director, Adminstrative Services Division, General Services Administration (WBR), Seventh and D Streets, SW, Washington, DC 20407</FP>
              </EXTRACT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302</SECTNO>
              <RESERVED>Fees.</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302-1</SECTNO>
              <SUBJECT>Records available at a fee.</SUBJECT>
              <P>The manager shall provide one copy of a record to a requester for the fee stated in § 105-64.302-6.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302-2</SECTNO>
              <SUBJECT>Additional copies.</SUBJECT>
              <P>A reasonable number of additional copies shall be provided for a fee if a requester cannot get copies made commercially.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302-3</SECTNO>
              <SUBJECT>Waiver of fee.</SUBJECT>
              <P>The manager should make a copy of a record of up to 50 pages at no charge to a requester who is a GSA employee. The manager may waive the fee if the cost of collecting it is nearly as large as or greater than the fee, or if furnishing the record without charge is customary or in the public interest.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302-4</SECTNO>
              <SUBJECT>Prepayment of fees over $25.</SUBJECT>
              <P>If a fee is likely to exceed $25, the manager notifies the person to pay the fee before GSA can make the records available. GSA will remit any overpayment or will send the requester a bill for any change over the amount paid.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302-5</SECTNO>
              <SUBJECT>Form of payment.</SUBJECT>
              <P>Copies must be paid for by check or money order made out to the General Services Administration and addressed to the system manager.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.302-6</SECTNO>
              <SUBJECT>Reproduction fee schedule.</SUBJECT>
              <P>(a) The fee for copying a GSA record (by electrostatic copier) of 8 by 14 inches or less is 10 cents a page.</P>
              <P>(b) The fee for copying a GSA record more than 8 by 14 inches or one that does not permit copying by routine procedures is the same as that charged commercially.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.4—Requests To Amend Records</HD>
            <SECTION>
              <SECTNO>§ 105-64.401</SECTNO>
              <SUBJECT>Submission of requests to amend records.</SUBJECT>
              <P>A person who wants to amend a record containing personal information should send a written request to the GSA Privacy Act Officer. A GSA employee who want to amend personnel records should send a written request to the General Services Administration, Director of Personnel (EP), Washington, DC 20405. It should show evidence of and justify the need to amend the record. Both the letter and the envelope should be marked “Privacy Act-Request to Amend Record”.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.402</SECTNO>
              <SUBJECT>Review of requests to amend records.</SUBJECT>
              <P>(a) Managers must acknowledge a request to amend a record within 10 workdays after receiving it. If possible, the acknowledgment should state whether the request will be granted or denied, under § 105-64.404.</P>

              <P>(b) In reviewing a record in response to a request to amend, the manager should weigh the accuracy, relevance, timeliness, and completeness of the existing record compared to the proposed <PRTPAGE P="158"/>amendment to decide whether the amendment is justified. On a request to delete information, the manager should also review the request and the existing record to decide whether the information is needed by the agency under a statute or an Executive order.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.403</SECTNO>
              <SUBJECT>Approval of requests to amend.</SUBJECT>
              <P>If a manager decides that a record should be amended, he or she must promptly correct it and send the person a corrected copy. If an accounting of disclosure was created to document disclosure of a record, anyone who previously received the record must be informed of the substance of the correction and sent a copy of the corrected record. The manager should advise the Privacy Act Officer that the request to amend was approved.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.404</SECTNO>
              <SUBJECT>Denial of requests to amend.</SUBJECT>
              <P>(a) If a manager decides that amending a record is improper or that it should be amended in a different way, he or she refers the request and recommendation to the Head of the Service or Staff Office or Regional Administrator through channels.</P>
              <P>(b) If the Head of the Service or Staff Office or Regional Administrator decides to amend the record as requested, he or she should promptly return the request to the manager with instructions to make the amendment under § 105-64.403.</P>
              <P>(c) If the Head of the Service or Staff Officer or Regional Administrator decides not to amend the record as requested, he or she should promptly advise the requester in writing of the decision. The letter shall (1) state the reason for denying the request; (2) include proposed alternate amendments, if appropriate; (3) state the requester's right to appeal the denial; and (4) tell how to proceed with an appeal.</P>
              <P>(d) The Privacy Act Officer must be sent a copy of the original denial of a request to amend a record.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.405</SECTNO>
              <SUBJECT>Agreement to alternative amendments.</SUBJECT>
              <P>If the letter denying a request to amend a record proposes alternate amendments and the requester agrees to them, he or she must notify the official who signed the letter. The official should promptly instruct the manager to amend the record under § 105-64.403.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.406</SECTNO>
              <SUBJECT>Appeal of denial of request to amend a record.</SUBJECT>
              <P>(a) A requester who is denied a request to amend a record may appeal the denial. The appeal should be sent to the General Services Administration, Privacy Act Officer (ATRAI), Washington, DC 20405. If the request involves a record in a GSA employee's official personnel folder, as described in Chapter 293 of the Federal Personnel Manual, the appeal should be addressed to the Director, Bureau of Manpower Information Systems, Office of Personnel Management, Washington, DC 20415.</P>
              <P>(b) The appeal to the Privacy Act Officer must be in writing and be received within 30 calendar days after the requester receives the letter stating the request was denied. It should be marked “Privacy Act—Appeal,” both on the front of the letter and the envelope.</P>
              <P>(c) On receiving an appeal, the Privacy Act Officer should consult with the manager, the official who made the denial, legal counsel, and other officials involved. If the Privacy Act Officer, after consulting with these officials, decides that the record should be amended as requested, he or she must promptly inform the manager to amend it under § 105-64.403 and shall notify the requester.</P>
              <P>(d) If the Privacy Act Officer, after consulting with the officials listed in the above paragraph, decides to reject an appeal, he or she should send the file, with a recommendation, to the Deputy Administrator for a final administrative decision.</P>
              <P>(e) If the Deputy Administrator decides to change the record, he or she should promptly instruct the manager in writing to amend it under § 105-64.403 and send a copy of the instruction to the Privacy Act Officer, who shall notify the requester.</P>

              <P>(f) If the Deputy Administrator rejects an appeal, he or she should <PRTPAGE P="159"/>promptly notify the requester in writing. This is the final administrative decision on the request and should include:</P>
              <P>(1) Why the appeal is rejected;</P>
              <P>(2) Alternate amendments that the requester may accept under § 105-64.405;</P>
              <P>(3) Notice of the requester's right to file a Statement of Disagreement that must be distributed under § 105-64.407; and</P>
              <P>(4) Notice of requester's right to seek court review of the final administrative decision under § 105-64.408.</P>
              <P>(g) The final agency decision must be made within 30 workdays from the date the Privacy Act Officer receives the appeal. In unusual circumstances, the Deputy Administrator may extend this time limit by notifying the requester in writing before the 30 days are up. The notice should explain why the limit was extended.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.407</SECTNO>
              <SUBJECT>Statements of disagreement.</SUBJECT>
              <P>On receiving a final decision not to amend a record, the requester may file a Statement of Disagreement with the manager. The statement should explain why the requester believes the record to be inaccurate, irrelevant, untimely, or incomplete. The manager must file the statement with the records and include a copy of it in any disclosure of the record. The manager must also provide a copy of the Statement of Disagreement to any person or agency to whom the record has been disclosed if the disclosure was made under the accounting requirement of § 105-64.202.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.408</SECTNO>
              <SUBJECT>Judicial review.</SUBJECT>
              <P>For up to 2 years after the final administrative decision under § 105-64.301-4 or § 105-64.406, a requester may seek to have the court overturn the decision. A civil action must be filed in the Federal District Court where the requester lives or has his or her principal place of business, where the agency records are maintained, or in the District of Columbia.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.5—Reporting New Systems and Altering Existing Systems</HD>
            <SECTION>
              <SECTNO>§ 105-64.501</SECTNO>
              <SUBJECT>Reporting requirement.</SUBJECT>
              <P>(a) At least 90 calendar days before establishing a new system of records, the manager must notify the Associate Administrator for Policy and Management Systems. The notification must describe and justify each system of records. If the Associate Administrator decides to establish the system, he or she should submit a proposal, at least 60 days before establishing the system, to the President of the Senate, the Speaker of the House of Representatives and the Director of the Office of Management and Budget for evaluating the effect on the privacy and other rights of individuals.</P>
              <P>(b) At least 90 calendar days before altering a system of records, the responsible manager must notify the Associate Administrator for Policy and Management Systems. The notification must describe and justify altering the system of records. If the Associate Administrator decides to alter the system, he or she should submit a proposal, at least 60 calendar days before altering the system, to the President of the Senate, the Speaker of the House of Representatives, and the Director of the Office of Management and Budget for evaluating the effect on the privacy and other rights of individuals.</P>
              <P>(c) Reports required by this regulation are exempt from reports control.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.502</SECTNO>
              <SUBJECT>Federal Register notice of establishment of new system or alteration of existing system.</SUBJECT>

              <P>The Associate Administrator for Policy and Management Systems must publish in the <E T="04">Federal Register</E> a notice of intent to establish or alter a system of records:</P>

              <P>(a) If he or she receives notice that the Senate, the House of Representatives, and the Office of Management and Budget (OMB) do not object to establishing or altering a system of records, or<PRTPAGE P="160"/>
              </P>
              <P>(b) If 30 calendar days after submitting the proposal neither OMB nor the Congress objects.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.503</SECTNO>
              <SUBJECT>Effective date of new systems of records or alteration of an existing system of records.</SUBJECT>

              <P>When there is no objection to establishing or changing a system of records, it becomes effective 30 calendar days after the notice is published in the <E T="04">Federal Register.</E>
              </P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.6—Exemptions</HD>
            <SECTION>
              <SECTNO>§ 105-64.601</SECTNO>
              <SUBJECT>General exemptions.</SUBJECT>
              <P>The following systems of records are exempt from the Privacy Act of 1974, except subsections (b); (c) (1) and (2); (e)(4) (A) through (F); (e) (6), (7), (9), (10), and (11); and (i) of the Act:</P>
              <P>(a) Incident Reporting System, GSA/PBS-3.</P>
              <P>(b) Investigation Case Files, ADM-24.</P>
              <FP>The systems of records GSA/PBS-3 and GSA/ADM-24 are exempt to the extent that information in them relates to enforcing the law, including police efforts to prevent, control, or reduce crime or to apprehend criminals; to the activities of prosecutors, courts, and correctional, probation, pardon, or parole authorities; and to (1) information compiled to identify criminal offenders and alleged offenders, consisting of records of arrests, disposition of criminal charges, sentencing, confinement, release, parole, and probation; (2) information compiled for a criminal investigation, including reports of informants and investigators that identify a person; or (3) reports that identify a person and were prepared while enforcing criminal laws, from arrest or indictment through release from parole. The law exempts these systems to maintain the effectiveness and integrity of the Federal Protective Service and the Office of Inspector General.</FP>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-64.602</SECTNO>
              <SUBJECT>Specific exemptions.</SUBJECT>
              <P>The following systems of records are exempt from subsections (c)(3); (d); (e)(1); (e)(4) (G), (H), and (I); and (f) of the Privacy Act of 1974;</P>
              <P>(a) Incident Reporting System, GSA/PBS-3.</P>
              <P>(b) Investigation Case Files, GSA/ADM-24.</P>
              <P>(c) Security Files, HSA/HRO-37.</P>
              <FP>The systems are exempt (1) if they contain investigatory material compiled for law enforcement. However, if anyone is denied a right, privilege, or benefit for which they would otherwise be eligible because of the material, it should be provided to the person, except if it discloses the identify of a Government source of information which there is an express promise of confidentiality or before the effective date of this section, under an implied promise of confidentiality and (2) investigatory material compiled solely to decide suitability, eligibility, or qualification for Federal employment, military service, Federal contracts, or access to classified information, when disclosing the material would reveal the identity of a confidential Government informant, or prior to the effective date of this section, under an implied promise that their identity is to be held in confidence. The systems are exempted to maintain the effectiveness and integrity of investigations conducted as part of the Federal Protective Service, Office of Inspector General, and Office of Internal Security law enforcement duties or their responsibilities in the areas of Federal employment, Government contracts, and access to security classified information.</FP>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-64.7—Assistance and Referrals</HD>
            <SECTION>
              <SECTNO>§ 105-64.701</SECTNO>
              <SUBJECT>Requests for assistance and referral.</SUBJECT>
              <P>Requests for assistance and referral to a system manager or other GSA employee charged with implementing these regulations are made to the GSA Privacy Officer (ATRAI), General Services Administration, Washington, DC 20405.</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-67</EAR>
          <HD SOURCE="HED">PART 105-67—SALE OF PERSONAL PROPERTY</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-67.100</SECTNO>
            <SUBJECT>Scope of subpart.</SUBJECT>
            <SECTNO>105-67.101</SECTNO>
            <SUBJECT>Debarred, suspended and ineligible contractors.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>40 U.S.C. 486(c).</P>
          </AUTH>
          <SECTION>
            <PRTPAGE P="161"/>
            <SECTNO>§ 105-67.100</SECTNO>
            <SUBJECT>Scope of subpart.</SUBJECT>
            <P>This subpart prescribes policies and procedures governing the debarment or suspension of contractors from purchases of Federal personal property (see FPMR part 101-45).</P>
            <CITA>[51 FR 13500, Apr. 21, 1986]</CITA>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-67.101</SECTNO>
            <SUBJECT>Debarred, suspended and ineligible contractors.</SUBJECT>
            <P>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.</P>
            <CITA>[51 FR 13500, Apr. 21, 1986]</CITA>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-68</EAR>
          <HD SOURCE="HED">PART 105-68—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)</HD>
          <CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-68.1—General</HD>
              <SECHD>Sec.</SECHD>
              <SECTNO>105-68.100</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <SECTNO>105-68.105</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-68.110</SECTNO>
              <SUBJECT>Coverage.</SUBJECT>
              <SECTNO>105-68.115</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-68.2—Effect of Action</HD>
              <SECTNO>105-68.200</SECTNO>
              <SUBJECT>Debarment or suspension.</SUBJECT>
              <SECTNO>105-68.205</SECTNO>
              <SUBJECT>Ineligible persons.</SUBJECT>
              <SECTNO>105-68.210</SECTNO>
              <SUBJECT>Voluntary exclusion.</SUBJECT>
              <SECTNO>105-68.215</SECTNO>
              <SUBJECT>Exception provision.</SUBJECT>
              <SECTNO>105-68.220</SECTNO>
              <SUBJECT>Continuation of covered transactions.</SUBJECT>
              <SECTNO>105-68.225</SECTNO>
              <SUBJECT>Failure to adhere to restrictions.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-68.3—Debarment</HD>
              <SECTNO>105-68.300</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <SECTNO>105-68.305</SECTNO>
              <SUBJECT>Causes for debarment.</SUBJECT>
              <SECTNO>105-68.310</SECTNO>
              <SUBJECT>Procedures.</SUBJECT>
              <SECTNO>105-68.311</SECTNO>
              <SUBJECT>Investigation and referral.</SUBJECT>
              <SECTNO>105-68.312</SECTNO>
              <SUBJECT>Notice of proposed debarment.</SUBJECT>
              <SECTNO>105-68.313</SECTNO>
              <SUBJECT>Opportunity to contest proposed debarment.</SUBJECT>
              <SECTNO>105-68.314</SECTNO>
              <SUBJECT>Debarring official's decision.</SUBJECT>
              <SECTNO>105-68.315</SECTNO>
              <SUBJECT>Settlement and voluntary exclusion.</SUBJECT>
              <SECTNO>105-68.320</SECTNO>
              <SUBJECT>Period of debarment.</SUBJECT>
              <SECTNO>105-68.325</SECTNO>
              <SUBJECT>Scope of debarment.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-68.4—Suspension</HD>
              <SECTNO>105-68.400</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <SECTNO>105-68.405</SECTNO>
              <SUBJECT>Causes for suspension.</SUBJECT>
              <SECTNO>105-68.410</SECTNO>
              <SUBJECT>Procedures.</SUBJECT>
              <SECTNO>105-68.411</SECTNO>
              <SUBJECT>Notice of suspension.</SUBJECT>
              <SECTNO>105-68.412</SECTNO>
              <SUBJECT>Opportunity to contest suspension.</SUBJECT>
              <SECTNO>105-68.413</SECTNO>
              <SUBJECT>Suspending official's decision.</SUBJECT>
              <SECTNO>105-68.415</SECTNO>
              <SUBJECT>Period of suspension.</SUBJECT>
              <SECTNO>105-68.420</SECTNO>
              <SUBJECT>Scope of suspension.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-68.5—Responsibilities of GSA, Agency and Participants</HD>
              <SECTNO>105-68.500</SECTNO>
              <SUBJECT>GSA responsibilities (information dissemination).</SUBJECT>
              <SECTNO>105-68.505</SECTNO>
              <SUBJECT>GSA responsibilities.</SUBJECT>
              <SECTNO>105-68.510</SECTNO>
              <SUBJECT>Participants' responsibilities.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-68.6—Drug-Free Workplace Requirements (Grants)</HD>
              <SECTNO>105-68.600</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <SECTNO>105-68.605</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-68.610</SECTNO>
              <SUBJECT>Coverage.</SUBJECT>
              <SECTNO>105-68.615</SECTNO>
              <SUBJECT>Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment.</SUBJECT>
              <SECTNO>105-68.620</SECTNO>
              <SUBJECT>Effect of violation.</SUBJECT>
              <SECTNO>105-68.625</SECTNO>
              <SUBJECT>Exception provision.</SUBJECT>
              <SECTNO>105-68.630</SECTNO>
              <SUBJECT>Certification requirements and procedures.</SUBJECT>
              <SECTNO>105-68.635</SECTNO>
              <SUBJECT>Reporting of and employee sanctions for convictions of criminal drug offenses.</SUBJECT>
              <APP>Appendix A to Part 105-68—Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions</APP>
              <APP>Appendix B to Part 105-68—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions</APP>
              <APP>Appendix C to Part 105-68—Certification Regarding Drug-Free Workplace Requirements</APP>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>

            <P>E.O. 12549; sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 <E T="03">et seq</E>); 40 U.S.C. 486(c).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>53 FR 19198, 19204, May 26, 1988, unless otherwise noted. Redesignated at 54 FR 4962, Jan. 31, 1989.</P>
          </SOURCE>
          <CROSSREF>
            <HD SOURCE="HED">Cross Reference:</HD>
            <P>See also Office of Management and Budget notices published at 55 FR 21679, May 25, 1990, and 60 FR 33036, June 26, 1995.</P>
          </CROSSREF>
          <EDNOTE>
            <HD SOURCE="HED">Editorial Note:</HD>
            <P>For additional information, see related documents published at 53 FR 19160, May 26, 1988, and 53 FR 34474, Sept. 6, 1988.</P>
          </EDNOTE>
          <SUBPART>
            <PRTPAGE P="162"/>
            <HD SOURCE="HED">Subpart 105-68.1—General</HD>
            <SECTION>
              <SECTNO>§ 105-68.100</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <P>(a) Executive Order (E.O.) 12549 provides that, to the extent permitted by law, Executive departments and agencies shall participate in a governmentwide system for nonprocurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. Debarment or suspension of a participant in a program by one agency shall have governmentwide effect.</P>
              <P>(b) These regulations implement section 3 of E.O. 12549 and the guidelines promulgated by the Office of Management and Budget under section 6 of the E.O. by:</P>
              <P>(1) Prescribing the programs and activities that are covered by the governmentwide system;</P>
              <P>(2) Prescribing the governmentwide criteria and governmentwide minimum due process procedures that each agency shall use;</P>
              <P>(3) Providing for the listing of debarred and suspended participants, participants declared ineligible (see definition of “ineligible” in § 105-68.105), and participants who have voluntarily excluded themselves from participation in covered transactions;</P>
              <P>(4) Setting forth the consequences of a debarment, suspension, determination of ineligibility, or voluntary exclusion; and</P>
              <P>(5) Offering such other guidance as necessary for the effective implementation and administration of the governmentwide system.</P>
              <P>(c) These regulations also implement Executive Order 12689 (3 CFR, 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Public Law 103-355, sec. 2455, 108 Stat. 3327) by—</P>
              <P>(1) Providing for the inclusion in the <E T="03">List of Parties Excluded from Federal Procurement and Nonprocurement Programs</E> all persons proposed for debarment, debarred or suspended under the Federal Acquisition Regulation, 48 CFR part 9, subpart 9.4; persons against which governmentwide exclusions have been entered under this part; and persons determined to be ineligible; and</P>
              <P>(2) Setting forth the consequences of a debarment, suspension, determination of ineligibility, or voluntary exclusion.</P>
              <P>(d) Although these regulations cover the listing of ineligible participants and the effect of such listing, they do not prescribe policies and procedures governing declarations of ineligibility.</P>
              <CITA>[60 FR 33040 and 33059, June 26, 1995]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.105</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>The following definitions apply to this part:</P>
              <P>
                <E T="03">Adequate evidence.</E> Information sufficient to support the reasonable belief that a particular act or omission has occurred.</P>
              <P>
                <E T="03">Affiliate.</E> Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, <E T="03">or</E>, a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension or debarment of a person which has the same or similar management, ownership, or principal employees as the suspended, debarred, ineligible, or voluntarily excluded person.</P>
              <P>
                <E T="03">Agency.</E> Any executive department, military department or defense agency or other agency of the executive branch, excluding the independent regulatory agencies.</P>
              <P>
                <E T="03">Civil judgment.</E> The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement, stipulation, or otherwise creating a civil liability for the wrongful acts complained of; or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-12).</P>
              <P>
                <E T="03">Conviction.</E> A judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, including a plea of nolo contendere.</P>
              <P>
                <E T="03">Debarment.</E> An action taken by a debarring official in accordance with these regulations to exclude a person <PRTPAGE P="163"/>from participating in covered transactions. A person so excluded is “debarred.”</P>
              <P>
                <E T="03">Debarring official.</E> An official authorized to impose debarment. The debarring official is either:</P>
              <P>(1) The agency head, or</P>
              <P>(2) An official designated by the agency head.</P>
              <P>
                <E T="03">GSA.</E> General Services Administration.</P>
              <P>
                <E T="03">Indictment.</E> Indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment.</P>
              <P>
                <E T="03">Ineligible.</E> Excluded from participation in Federal nonprocurement programs pursuant to a determination of ineligibility under statutory, executive order, or regulatory authority, other than Executive Order 12549 and its agency implementing regulations; for exemple, excluded pursuant to the Davis-Bacon Act and its implementing regulations, the equal employment opportunity acts and executive orders, or the environmental protection acts and executive orders. A person is ineligible where the determination of ineligibility affects such person's eligibility to participate in more than one covered transaction.</P>
              <P>
                <E T="03">Legal proceedings.</E> Any criminal proceeding or any civil judicial proceeding to which the Federal Government or a State or local government or quasi-governmental authority is a party. The term includes appeals from such proceedings.</P>
              <P>
                <E T="03">List of Parties Excluded from Federal Procurement and Nonprocurement Programs.</E> A list compiled, maintained and distributed by the General Services Administration (GSA) containing the names and other information about persons who have been debarred, suspended, or voluntarily excluded under Executive Orders 12549 and 12689 and these regulations or 48 CFR part 9, subpart 9.4, persons who have been proposed for debarment under 48 CFR part 9, subpart 9.4, and those persons who have been determined to be ineligible.</P>
              <P>
                <E T="03">Notice.</E> A written communication served in person or sent by certified mail, return receipt requested, or its equivalent, to the last known address of a party, its identified counsel, its agent for service of process, or any partner, officer, director, owner, or joint venturer of the party. Notice, if undeliverable, shall be considered to have been received by the addressee five days after being properly sent to the last address known by the agency.</P>
              <P>
                <E T="03">Participant.</E> Any person who submits a proposal for, enters into, or reasonably may be expected to enter into a covered transaction. This term also includes any person who acts on behalf of or is authorized to commit a participant in a covered transaction as an agent or representative of another participant.</P>
              <P>
                <E T="03">Person.</E> Any individual, corporation, partnership, association, unit of government or legal entity, however organized, except: foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities.</P>
              <P>
                <E T="03">Preponderance of the evidence.</E> Proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.</P>
              <P>
                <E T="03">Principal.</E> Officer, director, owner, partner, key employee, or other person within a participant with primary management or supervisory responsibilities; or a person who has a critical influence on or substantive control over a covered transaction, whether or not employed by the participant. Persons who have a critical influence on or substantive control over a covered transaction are:</P>
              <P>(1) Principal investigators.</P>
              <P>
                <E T="03">Proposal.</E> A solicited or unsolicited bid, application, request, invitation to consider or similar communication by or on behalf of a person seeking to participate or to receive a benefit, directly or indirectly, in or under a covered transaction.</P>
              <P>
                <E T="03">Respondent.</E> A person against whom a debarment or suspension action has been initiated.</P>
              <P>
                <E T="03">State.</E> Any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United <PRTPAGE P="164"/>States, or any agency of a State, exclusive of institutions of higher education, hospitals, and units of local government. A State instrumentality will be considered part of the State government if it has a written determination from a State government that such State considers that instrumentality to be an agency of the State government.</P>
              <P>
                <E T="03">Suspending official.</E> An official authorized to impose suspension. The suspending official is either:</P>
              <P>(1) The agency head, or</P>
              <P>(2) An official designated by the agency head.</P>
              <P>
                <E T="03">Suspension.</E> An action taken by a suspending official in accordance with these regulations that immediately excludes a person from participating in covered transactions for a temporary period, pending completion of an investigation and such legal, debarment, or Program Fraud Civil Remedies Act proceedings as may ensue. A person so excluded is “suspended.”</P>
              <P>
                <E T="03">Voluntary exclusion or voluntarily excluded.</E> A status of nonparticipation or limited participation in covered transactions assumed by a person pursuant to the terms of a settlement.</P>
              <CITA>[53 FR 19198 and 19204, May 26, 1988, as amended at 53 FR 19198, May 26, 1988; 60 FR 33041 and 33059, June 26, 1995]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.110</SECTNO>
              <SUBJECT>Coverage.</SUBJECT>
              <P>(a) These regulations apply to all persons who have participated, are currently participating or may reasonably be expected to participate in transactions under Federal nonprocurement programs. For purposes of these regulations such transactions will be referred to as “covered transactions.”</P>
              <P>(1) <E T="03">Covered transaction.</E> For purposes of these regulations, a covered transaction is a primary covered transaction or a lower tier covered transaction. Covered transactions at any tier need not involve the transfer of Federal funds.</P>
              <P>(i) <E T="03">Primary covered transaction.</E> Except as noted in paragraph (a)(2) of this section, a primary covered transaction is any nonprocurement transaction between an agency and a person, regardless of type, including: grants, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, subsidies, insurance, payments for specified use, donation agreements and any other nonprocurement transactions between a Federal agency and a person. Primary covered transactions also include those transactions specially designated by the U.S. Department of Housing and Urban Development in such agency's regulations governing debarment and suspension.</P>
              <P>(ii) <E T="03">Lower tier covered transaction.</E> A lower tier covered transaction is:</P>
              <P>(A) Any transaction between a participant and a person other than a procurement contract for goods or services, regardless of type, under a primary covered transaction.</P>
              <P>(B) Any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the Federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a primary covered transaction.</P>
              <P>(C) Any procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount, under which that person will have a critical influence on or substantive control over that covered transaction. Such persons are:</P>
              <P>(<E T="03">1</E>) Principal investigators.</P>
              <P>(<E T="03">2</E>) Providers of federally-required audit services.</P>
              <P>(2) <E T="03">Exceptions.</E> The following transactions are not covered:</P>
              <P>(i) Statutory entitlements or mandatory awards (but not subtier awards thereunder which are not themselves mandatory), including deposited funds insured by the Federal Government;</P>
              <P>(ii) Direct awards to foreign governments or public international organizations, or transactions with foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities, entities consisting wholly or partially of foreign governments or foreign governmental entities;</P>

              <P>(iii) Benefits 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);<PRTPAGE P="165"/>
              </P>
              <P>(iv) Federal employment;</P>
              <P>(v) Transactions pursuant to national or agency-recognized emergencies or disasters;</P>
              <P>(vi) Incidental benefits derived from ordinary governmental operations; and</P>
              <P>(vii) Other transactions where the application of these regulations would be prohibited by law.</P>
              <P>(b) <E T="03">Relationship to other sections.</E> This section describes the types of transactions to which a debarment or suspension under the regulations will apply. Subpart 105-68.2, “Effect of Action,” § 105-68.200, “Debarment or suspension,” sets forth the consequences of a debarment or suspension. Those consequences would obtain only with respect to participants and principals in the covered transactions and activities described in § 105-68.110(a). Sections 105-68.325, “Scope of debarment,” and 105-68.420, “Scope of suspension,” govern the extent to which a specific participant or organizational elements of a participant would be automatically included within a debarment or suspension action, and the conditions under which affiliates or persons associated with a participant may also be brought within the scope of the action.</P>
              <P>(c) <E T="03">Relationship to Federal procurement activities.</E> In accordance with E.O. 12689 and section 2455 of Public Law 103-355, any debarment, suspension, proposed debarment or other governmentwide exclusion initiated under the Federal Acquisition Regulation (FAR) on or after August 25, 1995, shall be recognized by and effective for Executive Branch agencies and participants as an exclusion under this regulation. Similarly, any debarment, suspension or other governmentwide exclusion initiated under this regulation on or after August 25, 1995, shall be recognized by and effective for those agencies as a debarment or suspension under the FAR.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4962, Jan. 31, 1989; 60 FR 33041, 33059, June 26, 1995]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.115</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <P>(a) In order to protect the public interest, it is the policy of the Federal Government to conduct business only with responsible persons. Debarment and suspension are discretionary actions that, taken in accordance with Executive Order 12549 and these regulations, are appropriate means to implement this policy.</P>
              <P>(b) Debarment and suspension are serious actions which shall be used only in the public interest and for the Federal Government's protection and not for purposes of punishment. Agencies may impose debarment or suspension for the causes and in accordance with the procedures set forth in these regulations.</P>
              <P>(c) When more than one agency has an interest in the proposed debarment or suspension of a person, consideration shall be given to designating one agency as the lead agency for making the decision. Agencies are encouraged to establish methods and procedures for coordinating their debarment or suspension actions.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-68.2—Effect of Action</HD>
            <SECTION>
              <SECTNO>§ 105-68.200</SECTNO>
              <SUBJECT>Debarment or suspension.</SUBJECT>
              <P>(a) <E T="03">Primary covered transactions.</E> Except to the extent prohibited by law, persons who are debarred or suspended shall be excluded from primary covered transactions as either participants or principals throughout the Executive Branch of the Federal Government for the period of their debarment, suspension, or the period they are proposed for debarment under 48 CFR part 9, subpart 9.4. Accordingly, no agency shall enter into primary covered transactions with such excluded persons during such period, except as permitted pursuant to § 105-68.215.</P>
              <P>(b) <E T="03">Lower tier covered transactions.</E> Except to the extent prohibited by law, persons who have been proposed for debarment under 48 CFR part 9, subpart 9.4, debarred or suspended shall be excluded from participating as either participants or principals in all lower tier covered transactions (see § 105-68.110(a)(1)(ii)) for the period of their exclusion.</P>
              <P>(c) <E T="03">Exceptions.</E> Debarment or suspension does not affect a person's eligibility for—</P>

              <P>(1) Statutory entitlements or mandatory awards (but not subtier awards thereunder which are not themselves mandatory), including deposited funds insured by the Federal Government;<PRTPAGE P="166"/>
              </P>
              <P>(2) Direct awards to foreign governments or public international organizations, or transactions with foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities;</P>
              <P>(3) Benefits 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);</P>
              <P>(4) Federal employment;</P>
              <P>(5) Transactions pursuant to national or agency-recognized emergencies or disasters;</P>
              <P>(6) Incidental benefits derived from ordinary governmental operations; and</P>
              <P>(7) Other transactions where the application of these regulations would be prohibited by law.</P>
              <CITA>[60 FR 33041 and 33059, June 26, 1995]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.205</SECTNO>
              <SUBJECT>Ineligible persons.</SUBJECT>
              <P>Persons who are ineligible, as defined in § 105-68.105(i), are excluded in accordance with the applicable statutory, executive order, or regulatory authority.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.210</SECTNO>
              <SUBJECT>Voluntary exclusion.</SUBJECT>
              <P>Persons who accept voluntary exclusions under § 105-68.315 are excluded in accordance with the terms of their settlements. GSA shall, and participants may, contact the original action agency to ascertain the extent of the exclusion.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.215</SECTNO>
              <SUBJECT>Exception provision.</SUBJECT>
              <P>GSA may grant an exception permitting a debarred, suspended, or voluntarily excluded person, or a person proposed for debarment under 48 CFR part 9, subpart 9.4, to participate in a particular covered transaction upon a written determination by the agency head or an authorized designee stating the reason(s) for deviating from the Presidential policy established by Executive Order 12549 and § 105-68.200. However, in accordance with the President's stated intention in the Executive Order, exceptions shall be granted only infrequently. Exceptions shall be reported in accordance with § 105-68.505(a).</P>
              <CITA>[60 FR 33041 and 33059, June 26, 1995]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.220</SECTNO>
              <SUBJECT>Continuation of covered transactions.</SUBJECT>
              <P>(a) Notwithstanding the debarment, suspension, proposed debarment under 48 CFR part 9, subpart 9.4, determination of ineligibility, or voluntary exclusion of any person by an agency, agencies and participants may continue covered transactions in existence at the time the person was debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 9.4, declared ineligible, or voluntarily excluded. A decision as to the type of termination action, if any, to be taken should be made only after thorough review to ensure the propriety of the proposed action.</P>
              <P>(b) Agencies and participants shall not renew or extend covered transactions (other than no-cost time extensions) with any person who is debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 9.4, ineligible or voluntary excluded, except as provided in § 105-68.215.</P>
              <CITA>[60 FR 33041 and 33059, June 26, 1995]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.225</SECTNO>
              <SUBJECT>Failure to adhere to restrictions.</SUBJECT>
              <P>(a) Except as permitted under § 105-68.215 or § 105-68.220, a participant shall not knowingly do business under a covered transaction with a person who is—</P>
              <P>(1) Debarred or suspended;</P>
              <P>(2) Proposed for debarment under 48 CFR part 9, subpart 9.4; or</P>
              <P>(3) Ineligible for or voluntarily excluded from the covered transaction.</P>
              <P>(b) Violation of the restriction under paragraph (a) of this section may result in disallowance of costs, annulment or termination of award, issuance of a stop work order, debarment or suspension, or other remedies as appropriate.</P>

              <P>(c) A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its principals are not debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 9.4, ineligible, or voluntarily excluded <PRTPAGE P="167"/>from the covered transaction (See appendix B of these regulations), unless it knows that the certification is erroneous. An agency has the burden of proof that a participant did knowingly do business with a person that filed an erroneous certification.</P>
              <CITA>[60 FR 33041 and 33059, June 26, 1995]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-68.3—Debarment</HD>
            <SECTION>
              <SECTNO>§ 105-68.300</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <P>The debarring official may debar a person for any of the causes in § 105-68.305, using procedures established in §§ 105-68.310 through 105-68.314. The existence of a cause for debarment, however, does not necessarily require that the person be debarred; the seriousness of the person's acts or omissions and any mitigating factors shall be considered in making any debarment decision.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.305</SECTNO>
              <SUBJECT>Causes for debarment.</SUBJECT>
              <P>Debarment may be imposed in accordance with the provisions of §§ 105-68.300 through 105-68.314 for:</P>
              <P>(a) Conviction of or civil judgment for:</P>
              <P>(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;</P>
              <P>(2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging;</P>
              <P>(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstruction of justice; or</P>
              <P>(4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person.</P>
              <P>(b) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as:</P>
              <P>(1) A willful failure to perform in accordance with the terms of one or more public agreements or transactions;</P>
              <P>(2) A history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; or</P>
              <P>(3) A willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction.</P>
              <P>(c) Any of the following causes:</P>
              <P>(1) A nonprocurement debarment by any Federal agency taken before October 1, 1988, the effective date of these regulations, or a procurement debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4;</P>
              <P>(2) Knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in connection with a covered transaction, except as permitted in § 105-68.215 or § 105-68.220;</P>
              <P>(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;</P>
              <P>(4) Violation of a material provision of a voluntary exclusion agreement entered into under § 105-68.315 or of any settlement of a debarment or suspension action; or</P>
              <P>(5) Violation of any requirement of subpart 105-68.6 of this part, relating to providing a drug-free workplace, as set forth in § 105-68.615 of this part.</P>
              <P>(d) Any other cause of so serious or compelling a nature that it affects the present responsibility of a person.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4950 and 4962, Jan. 31, 1989; 56 FR 29438, June 27, 1991]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.310</SECTNO>
              <SUBJECT>Procedures.</SUBJECT>
              <P>GSA shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness, using the procedures in §§ 105-68.311 through 105-68.314 and 48 CFR subpart 509.4.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June 27, 1991]</CITA>
            </SECTION>
            <SECTION>
              <PRTPAGE P="168"/>
              <SECTNO>§ 105-68.311</SECTNO>
              <SUBJECT>Investigation and referral.</SUBJECT>
              <P>Information concerning the existence of a cause for debarment from any source shall be promptly reported, investigated, and referred, when appropriate, to the debarring official for consideration. After consideration, the debarring official may issue a notice of proposed debarment.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.312</SECTNO>
              <SUBJECT>Notice of proposed debarment.</SUBJECT>
              <P>A debarment proceeding shall be initiated by notice to the respondent advising:</P>
              <P>(a) That debarment is being considered;</P>
              <P>(b) Of the reasons for the proposed debarment in terms sufficient to put the respondent on notice of the conduct or transaction(s) upon which it is based;</P>
              <P>(c) Of the cause(s) relied upon under § 105-68.305 for proposing debarment;</P>
              <P>(d) Of the provisions of § 105-68.311 through § 105-68.314, and any other GSA procedures, if applicable, governing debarment decisionmaking; and</P>
              <P>(e) Of the potential effect of a debarment.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.313</SECTNO>
              <SUBJECT>Opportunity to contest proposed debarment.</SUBJECT>
              <P>(a) <E T="03">Submission in opposition.</E> Within 30 days after receipt of the notice of proposed debarment, the respondent may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment.</P>
              <P>(b) <E T="03">Additional proceedings as to disputed material facts.</E> (1) In actions not based upon a conviction or civil judgment, if the debarring official finds that the respondent's submission in opposition raises a genuine dispute over facts material to the proposed debarment, respondent(s) shall be afforded an opportunity to appear with a representative, submit documentary evidence, present witnesses, and confront any witness the agency presents.</P>
              <P>(2) A transcribed record of any additional proceedings shall be made available at cost to the respondent, upon request, unless the respondent and the agency, by mutual agreement, waive the requirement for a transcript.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.314</SECTNO>
              <SUBJECT>Debarring official's decision.</SUBJECT>
              <P>(a) <E T="03">No additional proceedings necessary.</E> In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis of all the information in the administrative record, including any submission made by the respondent. The decision shall be made within 45 days after receipt of any information and argument submitted by the respondent, unless the debarring official extends this period for good cause.</P>
              <P>(b) <E T="03">Additional proceedings necessary.</E> (1) In actions in which additional proceedings are necessary to determine disputed material facts, written findings of fact shall be prepared. The debarring official shall base the decision on the facts as found, together with any information and argument submitted by the respondent and any other information in the administrative record.</P>
              <P>(2) The debarring official may refer disputed material facts to another official for findings of fact. The debarring official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.</P>
              <P>(3) The debarring official's decision shall be made after the conclusion of the proceedings with respect to disputed facts.</P>
              <P>(c)(1) <E T="03">Standard of proof.</E> In any debarment action, the cause for debarment must be established by a preponderance of the evidence. Where the proposed debarment is based upon a conviction or civil judgment, the standard shall be deemed to have been met.</P>
              <P>(2) <E T="03">Burden of proof.</E> The burden of proof is on the agency proposing debarment.</P>
              <P>(d) <E T="03">Notice of debarring official's decision.</E> (1) If the debarring official decides to impose debarment, the respondent shall be given prompt notice:</P>
              <P>(i) Referring to the notice of proposed debarment;</P>
              <P>(ii) Specifying the reasons for debarment;</P>

              <P>(iii) Stating the period of debarment, including effective dates; and<PRTPAGE P="169"/>
              </P>
              <P>(iv) Advising that the debarment is effective for covered transactions throughout the executive branch of the Federal Government unless an agency head or an authorized designee makes the determination referred to in § 105-68.215.</P>
              <P>(2) If the debarring official decides not to impose debarment, the respondent shall be given prompt notice of that decision. A decision not to impose debarment shall be without prejudice to a subsequent imposition of debarment by any other agency.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.315</SECTNO>
              <SUBJECT>Settlement and voluntary exclusion.</SUBJECT>
              <P>(a) When in the best interest of the Government, GSA may, at any time, settle a debarment or suspension action.</P>
              <P>(b) If a participant and the agency agree to a voluntary exclusion of the participant, such voluntary exclusion shall be entered on the Nonprocurement List (see subpart 105-68.5).</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4962, Jan. 31, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.320</SECTNO>
              <SUBJECT>Period of debarment.</SUBJECT>
              <P>(a) Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.</P>
              <P>(1) Debarment for causes other than those related to a violation of the requirements of subpart 105-68.6 of this part generally should not exceed three years. Where circumstances warrant, a longer period of debarment may be imposed.</P>

              <P>(2) In the case of a debarment for a violation of the requirements of subpart 105-68.6 of this part (<E T="03">see</E> 105-68.305(c)(5)), the period of debarment shall not exceed five years.</P>
              <P>(b) The debarring official may extend an existing debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment action was based. If debarment for an additional period is determined to be necessary, the procedures of §§ 105-68.311 through 105-68.314 shall be followed to extend the debarment.</P>
              <P>(c) The respondent may request the debarring official to reverse the debarment decision or to reduce the period or scope of debarment. Such a request shall be in writing and supported by documentation. The debarring official may grant such a request for reasons including, but not limited to:</P>
              <P>(1) Newly discovered material evidence;</P>
              <P>(2) Reversal of the conviction or civil judgment upon which the debarment was based;</P>
              <P>(3) Bona fide change in ownership or management;</P>
              <P>(4) Elimination of other causes for which the debarment was imposed; or</P>
              <P>(5) Other reasons the debarring official deems appropriate.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4950 and 4962, Jan. 31, 1989; 56 FR 29438, June 27, 1991]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.325</SECTNO>
              <SUBJECT>Scope of debarment.</SUBJECT>
              <P>(a) <E T="03">Scope in general.</E> (1) Debarment of a person under these regulations constitutes debarment of all its divisions and other organizational elements from all covered transactions, unless the debarment decision is limited by its terms to one or more specifically identified individuals, divisions or other organizational elements or to specific types of transactions.</P>
              <P>(2) The debarment action may include any affiliate of the participant that is specifically named and given notice of the proposed debarment and an opportunity to respond (see §§ 105-68.311 through 105-68.314).</P>
              <P>(b) <E T="03">Imputing conduct.</E> For purposes of determining the scope of debarment, conduct may be imputed as follows:</P>
              <P>(1) <E T="03">Conduct imputed to participant.</E> The fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a participant may be imputed to the participant when the conduct occurred in connection with the individual's performance of duties for or on behalf of the participant, or with the participant's knowledge, approval, or acquiescence. The participant's acceptance of the benefits derived from the conduct shall <PRTPAGE P="170"/>be evidence of such knowledge, approval, or acquiescence.</P>
              <P>(2) <E T="03">Conduct imputed to individuals associated with participant.</E> The fraudulent, criminal, or other seriously improper conduct of a participant may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the participant who participated in, knew of, or had reason to know of the participant's conduct.</P>
              <P>(3) <E T="03">Conduct of one participant imputed to other participants in a joint venture.</E> The fraudulent, criminal, or other seriously improper conduct of one participant in a joint venture, grant pursuant to a joint application, or similar arrangement may be imputed to other participants if the conduct occurred for or on behalf of the joint venture, grant pursuant to a joint application, or similar arrangement or with the knowledge, approval, or acquiescence of these participants. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June 27, 1991]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-68.4—Suspension</HD>
            <SECTION>
              <SECTNO>§ 105-68.400</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <P>(a) The suspending official may suspend a person for any of the causes in § 105-68.405 using procedures established in §§ 105-68.410 through 105-68.413.</P>
              <P>(b) Suspension is a serious action to be imposed only when:</P>
              <P>(1) There exists adequate evidence of one or more of the causes set out in § 105-68.405, and</P>
              <P>(2) Immediate action is necessary to protect the public interest.</P>
              <P>(c) In assessing the adequacy of the evidence, the agency should consider 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. This assessment should include an examination of basic documents such as grants, cooperative agreements, loan authorizations, and contracts.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.405</SECTNO>
              <SUBJECT>Causes for suspension.</SUBJECT>
              <P>(a) Suspension may be imposed in accordance with the provisions of §§ 105-68.400 through 105-68.413 upon adequate evidence:</P>
              <P>(1) To suspect the commission of an offense listed in § 105-68.305(a); or</P>
              <P>(2) That a cause for debarment under § 105-68.305 may exist.</P>
              <P>(b) Indictment shall constitute adequate evidence for purposes of suspension actions.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.410</SECTNO>
              <SUBJECT>Procedures.</SUBJECT>
              <P>(a) <E T="03">Investigation and referral.</E> Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for consideration. After consideration, the suspending official may issue a notice of suspension.</P>
              <P>(b) <E T="03">Decisionmaking process.</E> GSA shall process suspension actions as informally as practicable, consistent with principles of fundamental fairness, using the procedures in § 105-68.411 through § 105-68.413 and 48 CFR subpart 509.4.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June 27, 1991]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.411</SECTNO>
              <SUBJECT>Notice of suspension.</SUBJECT>
              <P>When a respondent is suspended, notice shall immediately be given:</P>
              <P>(a) That suspension has been imposed;</P>
              <P>(b) That the suspension is based on an indictment, conviction, or other adequate evidence that the respondent has committed irregularities seriously reflecting on the propriety of further Federal Government dealings with the respondent;</P>
              <P>(c) Describing any such irregularities in terms sufficient to put the respondent on notice without disclosing the Federal Government's evidence;</P>
              <P>(d) Of the cause(s) relied upon under § 105-68.405 for imposing suspension;</P>
              <P>(e) That the suspension is for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies Act proceedings;</P>

              <P>(f) Of the provisions of § 105-68.411 through § 105-68.413 and any other GSA <PRTPAGE P="171"/>procedures, if applicable, governing suspension decisionmaking; and</P>
              <P>(g) Of the effect of the suspension.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.412</SECTNO>
              <SUBJECT>Opportunity to contest suspension.</SUBJECT>
              <P>(a) <E T="03">Submission in opposition.</E> Within 30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension.</P>
              <P>(b) <E T="03">Additional proceedings as to disputed material facts.</E> (1) If the suspending official finds that the respondent's submission in opposition raises a genuine dispute over facts material to the suspension, respondent(s) shall be afforded an opportunity to appear with a representative, submit documentary evidence, present witnesses, and confront any witness the agency presents, unless:</P>
              <P>(i) The action is based on an indictment, conviction or civil judgment, or</P>
              <P>(ii) A determination is made, on the basis of Department of Justice advice, that the substantial interests of the Federal Government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced.</P>
              <P>(2) A transcribed record of any additional proceedings shall be prepared and made available at cost to the respondent, upon request, unless the respondent and the agency, by mutual agreement, waive the requirement for a transcript.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.413</SECTNO>
              <SUBJECT>Suspending official's decision.</SUBJECT>
              <P>The suspending official may modify or terminate the suspension (for example, see § 105-68.320(c) for reasons for reducing the period or scope of debarment) or may leave it in force. However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition of suspension by any other agency or debarment by any agency. The decision shall be rendered in accordance with the following provisions:</P>
              <P>(a) <E T="03">No additional proceedings necessary.</E> In actions: based on an indictment, conviction, or civil judgment; in which there is no genuine dispute over material facts; or in which additional proceedings to determine disputed material facts have been denied on the basis of Department of Justice advice, the suspending official shall make a decision on the basis of all the information in the administrative record, including any submission made by the respondent. The decision shall be made within 45 days after receipt of any information and argument submitted by the respondent, unless the suspending official extends this period for good cause.</P>
              <P>(b) <E T="03">Additional proceedings necessary.</E> (1) In actions in which additional proceedings are necessary to determine disputed material facts, written findings of fact shall be prepared. The suspending official shall base the decision on the facts as found, together with any information and argument submitted by the respondent and any other information in the administrative record.</P>
              <P>(2) The suspending official may refer matters involving disputed material facts to another official for findings of fact. The suspending official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary or capricious or clearly erroneous.</P>
              <P>(c) <E T="03">Notice of suspending official's decision.</E> Prompt written notice of the suspending official's decision shall be sent to the respondent.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.415</SECTNO>
              <SUBJECT>Period of suspension.</SUBJECT>
              <P>(a) Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies Act proceedings, unless terminated sooner by the suspending official or as provided in paragraph (b) of this section.</P>
              <P>(b) If legal or administrative proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated unless an Assistant Attorney General or United States Attorney requests its extension in writing, in which case it may be extended for an additional six months. In no event may a suspension extend beyond 18 months, unless such proceedings have been initiated within that period.</P>

              <P>(c) The suspending official shall notify the Department of Justice of an <PRTPAGE P="172"/>impending termination of a suspension, at least 30 days before the 12-month period expires, to give that Department an opportunity to request an extension.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.420</SECTNO>
              <SUBJECT>Scope of suspension.</SUBJECT>
              <P>The scope of a suspension is the same as the scope of a debarment (see § 105-68.325), except that the procedures of §§ 105-68.410 through 105-68.413 shall be used in imposing a suspension.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-68.5—Responsibilities of GSA, Agency and Participants</HD>
            <SECTION>
              <SECTNO>§ 105-68.500</SECTNO>
              <SUBJECT>GSA responsibilities (information dissemination).</SUBJECT>
              <P>(a) In accordance with the OMB guidelines, GSA shall compile, maintain, and distribute a list of all persons who have been debarred, suspended, or voluntarily excluded by agencies under Executive Order 12549 and these regulations, and those who have been determined to be ineligible.</P>
              <P>(b) At a minimum, this list shall indicate:</P>
              <P>(1) The names and addresses of all debarred, suspended, ineligible, and voluntarily excluded persons, in alphabetical order, with cross-references when more than one name is involved in a single action;</P>
              <P>(2) The type of action;</P>
              <P>(3) The cause for the action;</P>
              <P>(4) The scope of the action;</P>
              <P>(5) Any termination date for each listing; and</P>
              <P>(6) The agency and name and telephone number of the agency point of contact for the action.</P>
              <CITA>[53 FR 19198 and 19204, May 26, 1988, as amended at 53 FR 19198, May 26, 1988]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.505</SECTNO>
              <SUBJECT>GSA responsibilities.</SUBJECT>
              <P>(a) The agency shall provide GSA with current information concerning debarments, suspension, determinations of ineligibility, and voluntary exclusions it has taken. Until February 18, 1989, the agency shall also provide GSA and OMB with information concerning all transactions in which GSA has granted exceptions under § 105-68.215 permitting participation by debarred, suspended, or voluntarily excluded persons.</P>
              <P>(b) Unless an alternative schedule is agreed to by GSA, the agency shall advise GSA of the information set forth in § 105-68.500(b) and of the exceptions granted under § 105-68.215 within five working days after taking such actions.</P>
              <P>(c) The agency shall direct inquiries concerning listed persons to the agency that took the action.</P>
              <P>(d) Agency officials shall check the Nonprocurement List before entering covered transactions to determine whether a participant in a primary transaction is debarred, suspended, ineligible, or voluntarily excluded (202) 501-0688.</P>
              <P>(e) Agency officials shall check the Nonprocurement List before approving principals or lower tier participants where agency approval of the principal or lower tier participant is required under the terms of the transaction, to determine whether such principals or participants are debarred, suspended, ineligible, or voluntarily excluded.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29439, June 27, 1991]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.510</SECTNO>
              <SUBJECT>Participants' responsibilities.</SUBJECT>
              <P>(a) <E T="03">Certification by participants in primary covered transactions.</E> Each participant shall submit the certification in appendix A to this part for it and its principals at the time the participant submits its proposal in connection with a primary covered transaction, except that States need only complete such certification as to their principals. Participants may decide the method and frequency by which they determine the eligibility of their principals. In addition, each participant may, but is not required to, check the Nonprocurement List for its principals (202) 501-0688. Adverse information on the certification will not necessarily result in denial of participation. However, the certification, and any additional information pertaining to the certification submitted by the participant, shall be considered in the administration of covered transactions.</P>
              <P>(b) <E T="03">Certification by participants in lower tier covered transactions.</E> (1) Each participant shall require participants in lower tier covered transactions to include the certification in appendix B <PRTPAGE P="173"/>to this part for it and its principals in any proposal submitted in connection with such lower tier covered transactions.</P>
              <P>(2) A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its principals are not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction by any Federal agency, unless it knows that the certification is erroneous. Participants may decide the method and frequency by which they determine the eligiblity of their principals. In addition, a participant may, but is not required to, check the Nonprocurement List for its principals and for participants (202) 501-0688.</P>
              <P>(c) <E T="03">Changed circumstances regarding certification.</E> A participant shall provide immediate written notice to GSA if at any time the participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Participants in lower tier covered transactions shall provide the same updated notice to the participant to which it submitted its proposals.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29439, June 27, 1991]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-68.6—Drug-Free Workplace Requirements (Grants)</HD>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>55 FR 21688, 21701, May 25, 1990; 55 FR 26442, June 28, 1990, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 105-68.600</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <P>(a) The purpose of this subpart is to carry out the Drug-Free Workplace Act of 1988 by requiring that—</P>
              <P>(1) A grantee, other than an individual, shall certify to the agency that it will provide a drug-free workplace;</P>
              <P>(2) A grantee who is an individual shall certify to the agency that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in conducting any activity with the grant.</P>
              <P>(b) Requirements implementing the Drug-Free Workplace Act of 1988 for contractors with the agency are found at 48 CFR subparts 9.4, 23.5, and 52.2.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.605</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>(a) Except as amended in this section, the definitions of § 105-68.105 apply to this subpart.</P>
              <P>(b) For purposes of this subpart—</P>
              <P>(1) <E T="03">Controlled substance</E> 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;</P>
              <P>(2) <E T="03">Conviction</E> 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;</P>
              <P>(3) <E T="03">Criminal drug statute</E> means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance;</P>
              <P>(4) <E T="03">Drug-free workplace</E> means a site for the performance of work done in connection with a specific grant at which employees of the grantee are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance;</P>
              <P>(5) <E T="03">Employee</E> means the employee of a grantee directly engaged in the performance of work under the grant, including:</P>
              <P>(i) All <E T="03">direct charge</E> employees;</P>
              <P>(ii) All <E T="03">indirect charge</E> employees, unless their impact or involvement is insignificant to the performance of the grant; and,</P>
              <P>(iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll.</P>

              <FP>This definition does not include workers not on the payroll of the grantee (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);<PRTPAGE P="174"/>
              </FP>
              <P>(6) <E T="03">Federal agency</E> or <E T="03">agency</E> 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;</P>
              <P>(7) <E T="03">Grant</E> means an award of financial assistance, including a cooperative agreement, in the form of money, or property in lieu of money, by a Federal agency directly to a grantee. The term grant includes block grant and entitlement grant programs, whether or not exempted from coverage under the grants management government-wide common rule on uniform administrative requirements for grants and cooperative agreements. The term does not include technical assistance that provides services instead of money, or other assistance in the form of loans, loan guarantees, interest subsidies, insurance, or direct appropriations; or any 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;</P>
              <P>(8) <E T="03">Grantee</E> means a person who applies for or receives a grant directly from a Federal agency (except another Federal agency);</P>
              <P>(9) <E T="03">Individual</E> means a natural person;</P>
              <P>(10) <E T="03">State</E> means any of the 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 of a State, exclusive of institutions of higher education, hospitals, and units of local government. A State instrumentality will be considered part of the State government if it has a written determination from a State government that such State considers the instrumentality to be an agency of the State government.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.610</SECTNO>
              <SUBJECT>Coverage.</SUBJECT>
              <P>(a) This subpart applies to any grantee of the agency.</P>
              <P>(b) This subpart applies to any grant, except where application of this subpart would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. A determination of such inconsistency may be made only by the agency head or his/her designee.</P>
              <P>(c) The provisions of subparts 105-68.1, 105-68.2, 105-68.3, 105-68.4 and 105-68.5 of this part apply to matters covered by this subpart, except where specifically modified by this subpart. In the event of any conflict between provisions of this subpart and other provisions of this part, the provisions of this subpart are deemed to control with respect to the implementation of drug-free workplace requirements concerning grants.</P>
              <CITA>[53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June 27, 1991]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.615</SECTNO>
              <SUBJECT>Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment.</SUBJECT>
              <P>A grantee shall be deemed in violation of the requirements of this subpart if the agency head or his or her official designee determines, in writing, that—</P>
              <P>(a) The grantee has made a false certification under § 105-68.630;</P>
              <P>(b) With respect to a grantee other than an individual—</P>
              <P>(1) The grantee has violated the certification by failing to carry out the requirements of paragraphs (A)(a) through (g) and/or (B) of the certification (Alternate I to Appendix C) or</P>
              <P>(2) Such a number of employees of the grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the grantee has failed to make a good faith effort to provide a drug-free workplace.</P>
              <P>(c) With respect to a grantee who is an individual—</P>
              <P>(1) The grantee has violated the certification by failing to carry out its requirements (Alternate II to Appendix C); or</P>
              <P>(2) The grantee is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.620</SECTNO>
              <SUBJECT>Effect of violation.</SUBJECT>

              <P>(a) In the event of a violation of this subpart as provided in § 105-68.615, and in accordance with applicable law, the <PRTPAGE P="175"/>grantee shall be subject to one or more of the following actions:</P>
              <P>(1) Suspension of payments under the grant;</P>
              <P>(2) Suspension or termination of the grant; and</P>
              <P>(3) Suspension or debarment of the grantee under the provisions of this part.</P>

              <P>(b) Upon issuance of any final decision under this part requiring debarment of a grantee, the debarred grantee shall be ineligible for award of any grant from any Federal agency for a period specified in the decision, not to exceed five years (<E T="03">see</E> § 105-68.320(a)(2) of this part).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.625</SECTNO>
              <SUBJECT>Exception provision.</SUBJECT>
              <P>The agency head may waive with respect to a particular grant, in writing, a suspension of payments under a grant, suspension or termination of a grant, or suspension or debarment of a grantee if the agency head determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.630</SECTNO>
              <SUBJECT>Certification requirements and procedures.</SUBJECT>
              <P>(a)(1) As a prior condition of being awarded a grant, each grantee shall make the appropriate certification to the Federal agency providing the grant, as provided in appendix C to this part.</P>
              <P>(2) Grantees are not required to make a certification in order to continue receiving funds under a grant awarded before March 18, 1989, or under a no-cost time extension of such a grant. However, the grantee shall make a one-time drug-free workplace certification for a non-automatic continuation of such a grant made on or after March 18, 1989.</P>
              <P>(b) Except as provided in this section, all grantees shall make the required certification for each grant. For mandatory formula grants and entitlements that have no application process, grantees shall submit a one-time certification in order to continue receiving awards.</P>
              <P>(c) A grantee that is a State may elect to make one certification in each Federal fiscal year. States that previously submitted an annual certification are not required to make a certification for Fiscal Year 1990 until June 30, 1990. Except as provided in paragraph (d) of this section, this certification shall cover all grants to all State agencies from any Federal agency. The State shall retain the original of this statewide certification in its Governor's office and, prior to grant award, shall ensure that a copy is submitted individually with respect to each grant, unless the Federal agency has designated a central location for submission.</P>
              <P>(d)(1) The Governor of a State may exclude certain State agencies from the statewide certification and authorize these agencies to submit their own certifications to Federal agencies. The statewide certification shall name any State agencies so excluded.</P>
              <P>(2) A State agency to which the statewide certification does not apply, or a State agency in a State that does not have a statewide certification, may elect to make one certification in each Federal fiscal year. State agencies that previously submitted a State agency certification are not required to make a certification for Fiscal Year 1990 until June 30, 1990. The State agency shall retain the original of this State agency-wide certification in its central office and, prior to grant award, shall ensure that a copy is submitted individually with respect to each grant, unless the Federal agency designates a central location for submission.</P>
              <P>(3) When the work of a grant is done by more than one State agency, the certification of the State agency directly receiving the grant shall be deemed to certify compliance for all workplaces, including those located in other State agencies.</P>
              <P>(e)(1) For a grant of less than 30 days performance duration, grantees shall have this policy statement and program in place as soon as possible, but in any case by a date prior to the date on which performance is expected to be completed.</P>
              <P>(2) For a grant of 30 days or more performance duration, grantees shall have this policy statement and program in place within 30 days after award.</P>

              <P>(3) Where extraordinary circumstances warrant for a specific <PRTPAGE P="176"/>grant, the grant officer may determine a different date on which the policy statement and program shall be in place.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-68.635</SECTNO>
              <SUBJECT>Reporting of and employee sanctions for convictions of criminal drug offenses.</SUBJECT>
              <P>(a) When a grantee other than an individual is notified that an employee has been convicted for a violation of a criminal drug statute occurring in the workplace, it shall take the following actions:</P>
              <P>(1) Within 10 calendar days of receiving notice of the conviction, the grantee shall provide written notice, including the convicted employee's position title, to every grant officer, or other designee on whose grant activity the convicted employee was working, unless a Federal agency has designated a central point for the receipt of such notifications. Notification shall include the identification number(s) for each of the Federal agency's affected grants.</P>
              <P>(2) Within 30 calendar days of receiving notice of the conviction, the grantee shall do the following with respect to the employee who was convicted.</P>
              <P>(i) Take appropriate personnel action against the employee, up to and including termination, consistent with requirements of the Rehabilitation Act of 1973, as amended; or</P>
              <P>(ii) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.</P>
              <P>(b) A grantee who is an individual who is convicted for a violation of a criminal drug statute occurring during the conduct of any grant activity shall report the conviction, in writing, within 10 calendar days, to his or her Federal agency grant officer, or other designee, unless the Federal agency has designated a central point for the receipt of such notices. Notification shall include the identification number(s) for each of the Federal agency's affected grants.</P>
              <APPRO>(Approved by the Office of Management and Budget under control number 0991-0002)</APPRO>
            </SECTION>
            <APPENDIX>
              <EAR>Pt. 105-68, App. A</EAR>
              <HD SOURCE="HED">Appendix A to Part 105-68—Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions</HD>
              <HD SOURCE="HD1">Instructions for Certification</HD>
              <P>1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.</P>
              <P>2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.</P>
              <P>3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.</P>
              <P>4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.</P>
              <P>5. The terms <E T="03">covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded</E>, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.</P>

              <P>6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.<PRTPAGE P="177"/>
              </P>
              <P>7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.</P>
              <P>8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.</P>
              <P>9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.</P>
              <P>10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.</P>
              <HD SOURCE="HD2">Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions</HD>
              <P>(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:</P>
              <P>(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;</P>
              <P>(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;</P>
              <P>(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and</P>
              <P>(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.</P>
              <P>(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.</P>
              <CITA>[60 FR 33042 and 33059, June 26, 1995]</CITA>
            </APPENDIX>
            <APPENDIX>
              <EAR>Pt. 105-68, App. B </EAR>
              <HD SOURCE="HED">Appendix B to Part 105-68—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions</HD>
              <HD SOURCE="HD1">Instructions for Certification</HD>
              <P>1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.</P>
              <P>2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.</P>
              <P>3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.</P>
              <P>4. The terms <E T="03">covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal,</E> and <E T="03">voluntarily excluded,</E> as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.</P>

              <P>5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with <PRTPAGE P="178"/>a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.</P>
              <P>6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.</P>
              <P>7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.</P>
              <P>8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.</P>
              <P>9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.</P>
              <HD SOURCE="HD2">Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion—Lower Tier Covered Transactions</HD>
              <P>(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.</P>
              <P>(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.</P>
              <CITA>[60 FR 33042 and 33059, June 26, 1995]</CITA>
            </APPENDIX>
            <APPENDIX>
              <EAR>Pt. 105-68, App. C </EAR>
              <HD SOURCE="HED">Appendix C to Part 105-68—Certification Regarding Drug-Free Workplace Requirements</HD>
              <HD SOURCE="HD1">Instructions for Certification</HD>
              <P>1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below.</P>
              <P>2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.</P>
              <P>3. For grantees other than individuals, Alternate I applies.</P>
              <P>4. For grantees who are individuals, Alternate II applies.</P>
              <P>5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements.</P>
              <P>6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant 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).</P>
              <P>7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five).</P>
              <P>8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules:</P>
              <P>
                <E T="03">Controlled substance</E> 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 (21 CFR 1308.11 through 1308.15);<PRTPAGE P="179"/>
              </P>
              <P>
                <E T="03">Conviction</E> 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;</P>
              <P>
                <E T="03">Criminal drug statute</E> means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance;</P>
              <P>
                <E T="03">Employee</E> means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All <E T="03">direct charge</E> employees; (ii) All <E T="03">indirect charge</E> employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).</P>
              <HD SOURCE="HD2">Certification Regarding Drug-Free Workplace Requirements</HD>
              <HD SOURCE="HD3">
                <E T="03">Alternate I.</E> (Grantees Other Than Individuals)</HD>
              <P>A. The grantee certifies that it will or will continue to provide a drug-free workplace by:</P>
              <P>(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;</P>
              <P>(b) Establishing an ongoing drug-free awareness program to inform employees about—</P>
              <P>(1) The dangers of drug abuse in the workplace;</P>
              <P>(2) The grantee's policy of maintaining a drug-free workplace;</P>
              <P>(3) Any available drug counseling, rehabilitation, and employee assistance programs; and</P>
              <P>(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;</P>
              <P>(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);</P>
              <P>(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—</P>
              <P>(1) Abide by the terms of the statement; and</P>
              <P>(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;</P>
              <P>(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;</P>
              <P>(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted—</P>
              <P>(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or</P>
              <P>(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;</P>
              <P>(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).</P>

              <P>B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:
              </P>
              <FP SOURCE="FP-1">Place of Performance (Street address, city, county, state, zip code)</FP>
              
              <FP SOURCE="FP-DASH"/>
              <FP SOURCE="FP-DASH"/>
              
              <FP>Check □ if there are workplaces on file that are not identified here.</FP>
              <HD SOURCE="HD3">
                <E T="03">Alternate II.</E> (Grantees Who Are Individuals)</HD>
              <P>(a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant;</P>

              <P>(b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include <PRTPAGE P="180"/>the identification number(s) of each affected grant.</P>
              <CITA>[55 FR 21690, 21701, May 25, 1990]</CITA>
            </APPENDIX>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-69</EAR>
          <HD SOURCE="HED">PART 105-69—NEW RESTRICTIONS ON LOBBYING</HD>
          <CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECHD>Sec.</SECHD>
              <SECTNO>105-69.100</SECTNO>
              <SUBJECT>Conditions on use of funds.</SUBJECT>
              <SECTNO>105-69.105</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-69.110</SECTNO>
              <SUBJECT>Certification and disclosure.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Activities by Own Employees</HD>
              <SECTNO>105-69.200</SECTNO>
              <SUBJECT>Agency and legislative liaison.</SUBJECT>
              <SECTNO>105-69.205</SECTNO>
              <SUBJECT>Professional and technical services.</SUBJECT>
              <SECTNO>105-69.210</SECTNO>
              <SUBJECT>Reporting.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Activities by Other Than Own Employees</HD>
              <SECTNO>105-69.300</SECTNO>
              <SUBJECT>Professional and technical services.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Penalties and Enforcement</HD>
              <SECTNO>105-69.400</SECTNO>
              <SUBJECT>Penalties.</SUBJECT>
              <SECTNO>105-69.405</SECTNO>
              <SUBJECT>Penalty procedures.</SUBJECT>
              <SECTNO>105-69.410</SECTNO>
              <SUBJECT>Enforcement.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Exemptions</HD>
              <SECTNO>105-69.500</SECTNO>
              <SUBJECT>Secretary of Defense.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Agency Reports</HD>
              <SECTNO>105-69.600</SECTNO>
              <SUBJECT>Semi-annual compilation.</SUBJECT>
              <SECTNO>105-69.605</SECTNO>
              <SUBJECT>Inspector General report.</SUBJECT>
              <APP>Appendix A to Part 105-69—Certification Regarding Lobbying</APP>
              <APP>Appendix B to Part 105-69—Disclosure Form to Report Lobbying</APP>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 319, Pub. L. 101-121 (31 U.S.C. 1352); 40 U.S.C. 486(c).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>55 FR 6737 and 6753, Feb. 26, 1990, unless otherwise noted.</P>
          </SOURCE>
          <CROSSREF>
            <HD SOURCE="HED">Cross reference:</HD>
            <P>See also Office of Management and Budget notice published at 54 FR 52306, December 20, 1989.</P>
          </CROSSREF>
          <SUBPART>
            <HD SOURCE="HED">Subpart A—General</HD>
            <SECTION>
              <SECTNO>§ 105-69.100</SECTNO>
              <SUBJECT>Conditions on use of funds.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="181"/>
              <SECTNO>§ 105-69.105</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>For purposes of this part:</P>
              <P>(a) <E T="03">Agency,</E> 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).</P>
              <P>(b) <E T="03">Covered Federal action</E> means any of the following Federal actions:</P>
              <P>(1) The awarding of any Federal contract;</P>
              <P>(2) The making of any Federal grant;</P>
              <P>(3) The making of any Federal loan;</P>
              <P>(4) The entering into of any cooperative agreement; and,</P>
              <P>(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.</P>
              <FP>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.</FP>
              <P>(c) <E T="03">Federal contract</E> 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.</P>
              <P>(d) <E T="03">Federal cooperative agreement</E> means a cooperative agreement entered into by an agency.</P>
              <P>(e) <E T="03">Federal grant</E> means an award of financial assistance in the form of money, or property in lieu of money, by the Federal Government or a direct 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.</P>
              <P>(f) <E T="03">Federal loan</E> means a loan made by an agency. The term does not include loan guarantee or loan insurance.</P>
              <P>(g) <E T="03">Indian tribe</E> and <E T="03">tribal organization</E> 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.</P>
              <P>(h) <E T="03">Influencing or attempting to influence</E> 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.</P>
              <P>(i) <E T="03">Loan guarantee</E> and <E T="03">loan insurance</E> means an agency's guarantee or insurance of a loan made by a person.</P>
              <P>(j) <E T="03">Local government</E> 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.</P>
              <P>(k) <E T="03">Officer or employee of an agency</E> includes the following individuals who are employed by an agency:</P>
              <P>(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;</P>
              <P>(2) A member of the uniformed services as defined in section 101(3), title 37, U.S. Code;</P>
              <P>(3) A special Government employee as defined in section 202, title 18, U.S. Code; and,</P>
              <P>(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.</P>
              <P>(l) <E T="03">Person</E> 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.</P>
              <P>(m) <E T="03">Reasonable compensation</E> means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer <PRTPAGE P="182"/>or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.</P>
              <P>(n) <E T="03">Reasonable payment</E> 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.</P>
              <P>(o) <E T="03">Recipient</E> 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>
              <P>(p) <E T="03">Regularly employed</E> 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 soon as he or she is employed by such person for 130 working days.</P>
              <P>(q) <E T="03">State</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-69.110</SECTNO>
              <SUBJECT>Certification and disclosure.</SUBJECT>
              <P>(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:</P>
              <P>(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or</P>
              <P>(2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.</P>
              <P>(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:</P>
              <P>(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or</P>
              <P>(2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000,</P>
              <FP>unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section.</FP>
              <P>(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:</P>
              <P>(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</P>
              <P>(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or,</P>
              <P>(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.</P>
              <P>(d) Any person who requests or receives from a person referred to in paragraph (a) or (b) of this section:</P>
              <P>(1) A subcontract exceeding $100,000 at any tier under a Federal contract;</P>
              <P>(2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant;</P>

              <P>(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or,<PRTPAGE P="183"/>
              </P>
              <P>(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement,</P>
              <FP>shall file a certification, and a disclosure form, if required, to the next tier above.</FP>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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 at time of award or commitment but shall be filed within 30 days.</P>
              <P>(h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart B—Activities by Own Employees</HD>
            <SECTION>
              <SECTNO>§ 105-69.200</SECTNO>
              <SUBJECT>Agency and legislative liaison.</SUBJECT>
              <P>(a) The prohibition on the use of appropriated funds, in § 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.</P>
              <P>(b) For purposes of paragraph (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time.</P>
              <P>(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:</P>
              <P>(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,</P>
              <P>(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.</P>
              <P>(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:</P>
              <P>(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;</P>
              <P>(2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and,</P>
              <P>(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.</P>
              <P>(e) Only those activities expressly authorized by this section are allowable under this section.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-69.205</SECTNO>
              <SUBJECT>Professional and technical services.</SUBJECT>

              <P>(a) The prohibition on the use of appropriated funds, in § 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, <PRTPAGE P="184"/>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.</P>
              <P>(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 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.</P>
              <P>(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.</P>
              <P>(d) Only those services expressly authorized by this section are allowable under this section.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-69.210</SECTNO>
              <SUBJECT>Reporting.</SUBJECT>
              <P>No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart C—Activities by Other Than Own Employees</HD>
            <SECTION>
              <SECTNO>§ 105-69.300</SECTNO>
              <SUBJECT>Professional and technical services.</SUBJECT>
              <P>(a) The prohibition on the use of appropriated funds, in § 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.</P>
              <P>(b) The reporting requirements in § 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.</P>

              <P>(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 <PRTPAGE P="185"/>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.</P>
              <P>(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.</P>
              <P>(e) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.</P>
              <P>(f) Only those services expressly authorized by this section are allowable under this section.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart D—Penalties and Enforcement</HD>
            <SECTION>
              <SECTNO>§ 105-69.400</SECTNO>
              <SUBJECT>Penalties.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-69.405</SECTNO>
              <SUBJECT>Penalty procedures.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="186"/>
              <SECTNO>§ 105-69.410</SECTNO>
              <SUBJECT>Enforcement.</SUBJECT>
              <P>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.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart E—Exemptions</HD>
            <SECTION>
              <SECTNO>§ 105-69.500</SECTNO>
              <SUBJECT>Secretary of Defense.</SUBJECT>
              <P>(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.</P>
              <P>(b) The Department of Defense may issue supplemental regulations to implement paragraph (a) of this section.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart F—Agency Reports</HD>
            <SECTION>
              <SECTNO>§ 105-69.600</SECTNO>
              <SUBJECT>Semi-annual compilation.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(h) Agencies shall keep the originals of all disclosure reports in the official files of the agency.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-69.605</SECTNO>
              <SUBJECT>Inspector General report.</SUBJECT>
              <P>(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.</P>

              <P>(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.<PRTPAGE P="187"/>
              </P>
              <P>(c) The annual report shall be submitted at the same time the agency submits its annual budget justifications to Congress.</P>
              <P>(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.</P>
            </SECTION>
            <APPENDIX>
              <EAR>Pt. 105-69, App. A</EAR>
              <HD SOURCE="HED">Appendix A to Part 105-69—Certification Regarding Lobbying</HD>
              <HD SOURCE="HD2">Certification for Contracts, Grants, Loans, and Cooperative Agreements</HD>
              <P>The undersigned certifies, to the best of his or her knowledge and belief, that:</P>
              <P>(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.</P>
              <P>(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 Form to Report Lobbying,” in accordance with its instructions.</P>
              <P>(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.</P>
              <P>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.</P>
              <HD SOURCE="HD2">Statement for Loan Guarantees and Loan Insurance</HD>
              <P>The undersigned states, to the best of his or her knowledge and belief, that:</P>
              <P>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.</P>
              <P>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.</P>
            </APPENDIX>
            <APPENDIX>
              <EAR>Pt. 105-69, App. A </EAR>
              <PRTPAGE P="188"/>
              <WHED>Appendix B to Part 105-69—Disclosure Form to Report Lobbying</WHED>
              <GPH DEEP="470" SPAN="2">
                <GID>EC21OC91.008</GID>
              </GPH>
              <GPH DEEP="445" SPAN="2">
                <PRTPAGE P="189"/>
                <GID>EC21OC91.009</GID>
              </GPH>
              <GPH DEEP="470" SPAN="2">
                <PRTPAGE P="190"/>
                <GID>EC21OC91.010</GID>
              </GPH>
            </APPENDIX>
          </SUBPART>
        </PART>
        <PART>
          <PRTPAGE P="191"/>
          <EAR>Pt. 105-70</EAR>
          <HD SOURCE="HED">PART 105-70—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-70.000</SECTNO>
            <SUBJECT>Scope.</SUBJECT>
            <SECTNO>105-70.001</SECTNO>
            <SUBJECT>Basis.</SUBJECT>
            <SECTNO>105-70.002</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-70.003</SECTNO>
            <SUBJECT>Basis for civil penalties and assessments.</SUBJECT>
            <SECTNO>105-70.004</SECTNO>
            <SUBJECT>Investigation.</SUBJECT>
            <SECTNO>105-70.005</SECTNO>
            <SUBJECT>Review by the reviewing official.</SUBJECT>
            <SECTNO>105-70.006</SECTNO>
            <SUBJECT>Prerequisites for issuing a complaint.</SUBJECT>
            <SECTNO>105-70.007</SECTNO>
            <SUBJECT>Complaint.</SUBJECT>
            <SECTNO>105-70.008</SECTNO>
            <SUBJECT>Service of complaint.</SUBJECT>
            <SECTNO>105-70.009</SECTNO>
            <SUBJECT>Answer.</SUBJECT>
            <SECTNO>105-70.010</SECTNO>
            <SUBJECT>Default upon failure to file an answer.</SUBJECT>
            <SECTNO>105-70.011</SECTNO>
            <SUBJECT>Referral of complaint and answer to the ALJ.</SUBJECT>
            <SECTNO>105-70.012</SECTNO>
            <SUBJECT>Notice of hearing.</SUBJECT>
            <SECTNO>105-70.013</SECTNO>
            <SUBJECT>Parties to the hearing.</SUBJECT>
            <SECTNO>105-70.014</SECTNO>
            <SUBJECT>Separation of functions.</SUBJECT>
            <SECTNO>105-70.015</SECTNO>
            <SUBJECT>Ex parte contacts.</SUBJECT>
            <SECTNO>105-70.016</SECTNO>
            <SUBJECT>Disqualification of reviewing official or ALJ.</SUBJECT>
            <SECTNO>105-70.017</SECTNO>
            <SUBJECT>Rights of parties.</SUBJECT>
            <SECTNO>105-70.018</SECTNO>
            <SUBJECT>Authority of the ALJ.</SUBJECT>
            <SECTNO>105-70.019</SECTNO>
            <SUBJECT>Prehearing conferences.</SUBJECT>
            <SECTNO>105-70.020</SECTNO>
            <SUBJECT>Disclosure of documents.</SUBJECT>
            <SECTNO>105-70.021</SECTNO>
            <SUBJECT>Discovery.</SUBJECT>
            <SECTNO>105-70.022</SECTNO>
            <SUBJECT>Exchange of witness lists, statements, and exhibits.</SUBJECT>
            <SECTNO>105-70.023</SECTNO>
            <SUBJECT>Subpoena for attendance at hearing.</SUBJECT>
            <SECTNO>105-70.024</SECTNO>
            <SUBJECT>Protective order.</SUBJECT>
            <SECTNO>105-70.025</SECTNO>
            <SUBJECT>Fees.</SUBJECT>
            <SECTNO>105-70.026</SECTNO>
            <SUBJECT>Form, filing and service of papers.</SUBJECT>
            <SECTNO>105-70.027</SECTNO>
            <SUBJECT>Computation of time.</SUBJECT>
            <SECTNO>105-70.028</SECTNO>
            <SUBJECT>Motions.</SUBJECT>
            <SECTNO>105-70.029</SECTNO>
            <SUBJECT>Sanctions.</SUBJECT>
            <SECTNO>105-70.030</SECTNO>
            <SUBJECT>The hearing and burden of proof.</SUBJECT>
            <SECTNO>105-70.031</SECTNO>
            <SUBJECT>Determining the amount of penalties and assessments.</SUBJECT>
            <SECTNO>105-70.032</SECTNO>
            <SUBJECT>Location of hearing.</SUBJECT>
            <SECTNO>105-70.033</SECTNO>
            <SUBJECT>Witnesses.</SUBJECT>
            <SECTNO>105-70.034</SECTNO>
            <SUBJECT>Evidence.</SUBJECT>
            <SECTNO>105-70.035</SECTNO>
            <SUBJECT>The record.</SUBJECT>
            <SECTNO>105-70.036</SECTNO>
            <SUBJECT>Post-hearing briefs.</SUBJECT>
            <SECTNO>105-70.037</SECTNO>
            <SUBJECT>Initial decision.</SUBJECT>
            <SECTNO>105-70.038</SECTNO>
            <SUBJECT>Reconsideration of initial decision.</SUBJECT>
            <SECTNO>105-70.039</SECTNO>
            <SUBJECT>Appeal to Authority Head.</SUBJECT>
            <SECTNO>105-70.040</SECTNO>
            <SUBJECT>Stays ordered by the Department of Justice.</SUBJECT>
            <SECTNO>105-70.041</SECTNO>
            <SUBJECT>Stay pending appeal.</SUBJECT>
            <SECTNO>105-70.042</SECTNO>
            <SUBJECT>Judicial review.</SUBJECT>
            <SECTNO>105-70.043</SECTNO>
            <SUBJECT>Collection of civil penalties and assessments.</SUBJECT>
            <SECTNO>105-70.044</SECTNO>
            <SUBJECT>Right to administrative offset.</SUBJECT>
            <SECTNO>105-70.045</SECTNO>
            <SUBJECT>Deposit in Treasury of United States.</SUBJECT>
            <SECTNO>105-70.046</SECTNO>
            <SUBJECT>Compromise or settlement.</SUBJECT>
            <SECTNO>105-70.047</SECTNO>
            <SUBJECT>Limitations.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>40 U.S.C. 486(c); 31 U.S.C. 3809.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>52 FR 45188, Nov. 25, 1987, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-70.000</SECTNO>
            <SUBJECT>Scope.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.001</SECTNO>
            <SUBJECT>Basis.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.002</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>The following shall have the meanings ascribed to them below unless the context clearly indicates otherwise:</P>
            <P>(a) <E T="03">ALJ</E> 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.</P>
            <P>(b) <E T="03">Authority</E> means the General Services Administration.</P>
            <P>(c) <E T="03">Authority Head</E> means the Administrator or Deputy Administrator of General Services.</P>
            <P>(d) <E T="03">Benefit</E> 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.</P>
            <P>(e) <E T="03">Claim</E> means any request, demand or submission—</P>
            <P>(1) Made to the Authority for property, services, or money (including money representing grants, loans, insurance, or benefits);</P>
            <P>(2) Made to a recipient of property, services, or money from the Authority or to a party to a contract with the Authority—</P>

            <P>(i) For property or services if the United States—<PRTPAGE P="192"/>
            </P>
            <P>(A) Provided such property or services;</P>
            <P>(B) Provided any portion of the funds for the purchase of such property or services; or</P>
            <P>(C) Will reimburse such recipient or party for the purchase of such property or services; or</P>
            <P>(ii) For the payment of money (including money representing grants, loans, insurance, or benefits) if the United States—</P>
            <P>(A) Provided any portion of the money requested or demanded, or</P>
            <P>(B) Will reimburse such recipient or party for any portion of the money paid on such request of demand; or</P>
            <P>(3) Made to the Authority which has the effect of decreasing an obligation to pay or account for property, services, or money.</P>
            <P>(f) <E T="03">Complaint</E> means the administrative complaint served by the reviewing official on the defendant under § 105-70.007.</P>
            <P>(g) <E T="03">Defendant</E> means any person alleged in a complaint under § 105-70.007 to be liable for a civil penalty or assessment under § 105-70.003.</P>
            <P>(h) <E T="03">Individual</E> means a natural person.</P>
            <P>(i) <E T="03">Initial Decision</E> means the written decision of the ALJ required by § 105-70.010 or § 105-70.037, and includes a revised initial decision issued following a remand or a motion for reconsideration.</P>
            <P>(j) <E T="03">Investigating Official</E> 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.</P>
            <P>(k) <E T="03">Knows or has reason to know</E> means that a person, with respect to a claim or statement—</P>
            <P>(1) Has actual knowledge that the claim or statement is false, fictitious, or fraudulent;</P>
            <P>(2) Acts in deliberate ignorance of the truth or falsity of the claim or statement; or</P>
            <P>(3) Acts in reckless disregard of the truth or falsity of the claim or statement.</P>
            <P>(l) <E T="03">Makes,</E> 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.</P>
            <P>(m) <E T="03">Person</E> means any individual, partnership, corporation, association, or private organization.</P>
            <P>(n) <E T="03">Representative</E> 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 <E T="03">pro se;</E> a corporate officer or an owner may represent a business entity.)</P>
            <P>(o) <E T="03">Reviewing Official</E> means the General Counsel of the General Services Administration or his designee who is—</P>
            <P>(1) Not subject to supervision by, or required to report to, the investigating official; and</P>
            <P>(2) Not employed in the organizational unit of the authority in which the investigating official is employed; and</P>
            <P>(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>
            <P>(p) <E T="03">Statement</E> means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made—</P>
            <P>(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</P>
            <P>(2) With respect to (including relating to eligibility for)—</P>
            <P>(i) A contract with, or a bid or proposal for a contract with; or</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="193"/>
            <SECTNO>§ 105-70.003</SECTNO>
            <SUBJECT>Basis for civil penalties and assessments.</SUBJECT>
            <P>(a) <E T="03">Claims.</E> (1) Any person who makes a claim that the person knows or has reason to know—</P>
            <P>(i) Is false, fictitious, or fraudulent;</P>
            <P>(ii) Includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent;</P>
            <P>(iii) Includes or is supported by any written statement that—</P>
            <P>(A) Omits a material fact;</P>
            <P>(B) Is false, fictitious, or fraudulent as a result of such omission; and</P>
            <P>(C) Is a statement in which the person making such statement has a duty to include such material fact; or</P>
            <P>(iv) Is for payment for the provision of property or services which the person has not provided as claimed,</P>
            <FP>shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $5,500 for each such claim.</FP>
            <P>(2) Each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(b) <E T="03">Statements.</E> (1) Any person who makes a written statement that—</P>
            <P>(i) The person knows or has reason to know—</P>
            <P>(A) Asserts a material fact which is false, fictitious, or fraudulent; or</P>
            <P>(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</P>
            <P>(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 $5,500 for each such statement.</P>
            <P>(2) Each written representation, certification, or affirmation constitutes a separate statement.</P>
            <P>(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.</P>
            <P>(c) No proof of specific intent to defraud is required to establish liability under this section.</P>
            <P>(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.</P>
            <P>(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.</P>
            <CITA>[52 FR 45188, Nov. 25, 1987, as amended at 61 FR 67235, Dec. 20, 1996]</CITA>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.004</SECTNO>
            <SUBJECT>Investigation.</SUBJECT>
            <P>(a) If an investigating official concludes that a subpoena pursuant to the authority conferred by 31 U.S.C. 3804(a) is warranted—</P>
            <P>(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;</P>

            <P>(2) The investigating official may designate a person to act on his or her <PRTPAGE P="194"/>behalf to receive the documents sought; and</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(d) Nothing in this section modifies any responsibility of an investigating official to report violations of criminal law to the Attorney General.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.005</SECTNO>
            <SUBJECT>Review by the reviewing official.</SUBJECT>
            <P>(a) If, based on the report of the investigating official under § 105-70.004(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under § 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 § 105-70.007.</P>
            <P>(b) Such notice shall include—</P>
            <P>(1) A statement of the reviewing official's reasons for issuing a complaint;</P>
            <P>(2) A statement specifying the evidence that supports the allegations of liability;</P>
            <P>(3) A description of the claims or statements upon which the allegations of liability are based;</P>
            <P>(4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of § 105-70.003 of this part;</P>
            <P>(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</P>
            <P>(6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.006</SECTNO>
            <SUBJECT>Prerequisites for issuing a complaint.</SUBJECT>
            <P>(a) The reviewing official may issue a complaint under § 105-70.007 only if—</P>
            <P>(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</P>
            <P>(2) In the case of allegations of liability under § 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 § 105-70.003(a) does not exceed $150,000.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.007</SECTNO>
            <SUBJECT>Complaint.</SUBJECT>
            <P>(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 § 105-70.008.</P>
            <P>(b) The complaint shall state—</P>

            <P>(1) The allegations of liability against the defendant, including the <PRTPAGE P="195"/>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;</P>
            <P>(2) The maximum amount of penalties and assessments for which the defendant may be held liable;</P>
            <P>(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</P>
            <P>(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 § 105-70.010.</P>
            <P>(c) At the same time the reviewing official serves the complaint, he or she shall serve the defendant with a copy of these regulations.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.008</SECTNO>
            <SUBJECT>Service of complaint.</SUBJECT>
            <P>(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.</P>
            <P>(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—</P>
            <P>(1) Affidavit of the individual serving the complaint by delivery;</P>
            <P>(2) A United States Postal Service return receipt card acknowledging receipt; or</P>
            <P>(3) Written acknowledgment of receipt by the defendant or his representative.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.009</SECTNO>
            <SUBJECT>Answer.</SUBJECT>
            <P>(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.</P>
            <P>(b) In the answer, the defendant—</P>
            <P>(1) Shall admit or deny each of the allegations of liability made in the complaint;</P>
            <P>(2) Shall state any defense on which the defendant intends to rely;</P>
            <P>(3) May state any reasons why the defendant contends that the penalties and assessments should be less than the statutory maximum; and</P>
            <P>(4) Shall state the name, address, and telephone number of the person authorized by the defendant to act as defendant's representative, if any.</P>
            <P>(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 § 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.010</SECTNO>
            <SUBJECT>Default upon failure to file an answer.</SUBJECT>
            <P>(a) If the defendant does not file an answer within the time prescribed in § 105-70.009(a), the reviewing official may refer the complaint to the ALJ.</P>
            <P>(b) Upon the referral of the complaint, the ALJ shall promptly serve on the defendant in the manner prescribed in § 105-70.008, a notice that an initial decision will be issued under this section.</P>
            <P>(c) The ALJ shall assume the facts alleged in the complaint to be true, and, if such facts establish liability under § 105-70.003, the ALJ shall issue an initial decision imposing the maximum amount of penalties and assessments allowed under the statute.</P>

            <P>(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 upon the parties 30 days after it is issued.<PRTPAGE P="196"/>
            </P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(g) A decision of the ALJ denying a defendant's motion under paragraph (e) of this section is not subject to reconsideration under § 105-70.038.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.011</SECTNO>
            <SUBJECT>Referral of complaint and answer to the ALJ.</SUBJECT>
            <P>Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.012</SECTNO>
            <SUBJECT>Notice of hearing.</SUBJECT>
            <P>(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 § 105-70.008. At the same time, the ALJ shall send a copy of such notice to the representative for the Government.</P>
            <P>(b) Such notice shall include—</P>
            <P>(1) The tentative time and place, and the nature of the hearing;</P>
            <P>(2) The legal authority and jurisdiction under which the hearing is to be held;</P>
            <P>(3) The matters of fact and law to be asserted;</P>
            <P>(4) A description of the procedures for the conduct of the hearing;</P>
            <P>(5) The name, address, and telephone number of the representative of the Government and of the defendant, if any; and</P>
            <P>(6) Such other matters as the ALJ deems appropriate.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.013</SECTNO>
            <SUBJECT>Parties to the hearing.</SUBJECT>
            <P>(a) The parties to the hearing shall be the defendant and the Authority.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.014</SECTNO>
            <SUBJECT>Separation of functions.</SUBJECT>
            <P>(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—</P>
            <P>(1) Participate in the hearing as the ALJ;</P>

            <P>(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<PRTPAGE P="197"/>
            </P>
            <P>(3) Make the collection of penalties and assessments under 31 U.S.C. 3806.</P>
            <P>(b) The ALJ shall not be responsible to, or subject to the supervision or direction of the investigating official or the reviewing official.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.015</SECTNO>
            <SUBJECT>Ex parte contacts.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.016</SECTNO>
            <SUBJECT>Disqualification of reviewing official or ALJ.</SUBJECT>
            <P>(a) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(f)(1) If the ALJ determines that a reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice.</P>
            <P>(2) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.017</SECTNO>
            <SUBJECT>Rights of parties.</SUBJECT>
            <P>Except as otherwise limited by this part, all parties may—</P>
            <P>(a) Be accompanied, represented, and advised by a representative;</P>
            <P>(b) Participate in any conference held by the ALJ;</P>
            <P>(c) Conduct discovery;</P>
            <P>(d) Agree to stipulations of fact or law, which shall be made part of the record;</P>
            <P>(e) Present evidence relevant to the issues at the hearing;</P>
            <P>(f) Present and cross-examine witnesses;</P>
            <P>(g) Present oral argument at the hearing as permitted by the ALJ; and</P>
            <P>(h) Submit written briefs and proposed findings of fact and conclusions of law after the hearing.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.018</SECTNO>
            <SUBJECT>Authority of the ALJ.</SUBJECT>
            <P>(a) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.</P>
            <P>(b) The ALJ has the authority to—</P>
            <P>(1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties;</P>
            <P>(2) Continue or recess the hearing in whole or in part for a reasonable period of time;</P>
            <P>(3) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;</P>
            <P>(4) Administer oaths and affirmations;</P>
            <P>(5) Issue subpoenas requiring the attendance of witnesses and the production of documents at depositions or at hearings;</P>
            <P>(6) Rule on motions and other procedural matters;</P>
            <P>(7) Regulate the scope and timing of discovery;<PRTPAGE P="198"/>
            </P>
            <P>(8) Regulate the course of the hearing and the conduct of representatives and parties;</P>
            <P>(9) Examine witnesses;</P>
            <P>(10) Receive, rule on, exclude, or limit evidence;</P>
            <P>(11) Upon motion of a party, take official notice of facts;</P>
            <P>(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;</P>
            <P>(13) Conduct any conference, argument, or hearing on motions in person or by telephone; and</P>
            <P>(14) Exercise such other authority as is necessary to carry out the responsibility of the ALJ under this part.</P>
            <P>(c) The ALJ does not have the authority to find Federal statutes or regulations invalid.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.019</SECTNO>
            <SUBJECT>Prehearing conferences.</SUBJECT>
            <P>(a) The ALJ may schedule prehearing conferences as appropriate.</P>
            <P>(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.</P>
            <P>(c) The ALJ may use prehearing conferences to discuss the following:</P>
            <P>(1) Simplification of the issues;</P>
            <P>(2) The necessity or desirability of amendments to the pleadings, including the need for a more definite statement;</P>
            <P>(3) Stipulations and admissions of fact or as to the contents and authenticity of documents;</P>
            <P>(4) Whether the parties can agree to submission of the case on a stipulated record;</P>
            <P>(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;</P>
            <P>(6) Limitation of the number of witnesses;</P>
            <P>(7) Scheduling dates for the exchange of witness lists and of proposed exhibits;</P>
            <P>(8) Discovery;</P>
            <P>(9) The time and place for the hearing; and</P>
            <P>(10) Such other matters as may tend to expedite the fair and just disposition of the proceedings.</P>
            <P>(d) The ALJ may issue an order containing all matters agreed upon by the parties or ordered by the ALJ at a prehearing conference.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.020</SECTNO>
            <SUBJECT>Disclosure of documents.</SUBJECT>
            <P>(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 § 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.</P>
            <P>(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.</P>
            <P>(c) The notice sent to the Attorney General from the reviewing official as described in § 105-70.005 is not discoverable under any circumstances.</P>
            <P>(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 § 105-70.009.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.021</SECTNO>
            <SUBJECT>Discovery.</SUBJECT>
            <P>(a) The following types of discovery are authorized:</P>
            <P>(1) Requests for production of documents for inspection and copying;</P>
            <P>(2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact;</P>
            <P>(3) Written interrogatories; and</P>
            <P>(4) Depositions.</P>

            <P>(b) For the purpose of this section and §§ 105-70.022 and 105-70.023, the term “documents” includes information, documents, reports, answers, records, accounts, papers, and other data and <PRTPAGE P="199"/>documentary evidence. Nothing contained herein shall be interpreted to require the creation of a document.</P>
            <P>(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.</P>
            <P>(d) <E T="03">Motions for discovery.</E> (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.</P>
            <P>(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 § 105-70.024.</P>
            <P>(3) The ALJ may grant a motion for discovery only if he finds that the discovery sought—</P>
            <P>(i) Is necessary for the expeditious, fair, and reasonable consideration of the issues;</P>
            <P>(ii) Is not unduly costly or burdensome;</P>
            <P>(iii) Will not unduly delay the proceeding; and</P>
            <P>(iv) Does not seek privileged information.</P>
            <P>(4) The burden of showing that discovery should be allowed is on the party seeking discovery;</P>
            <P>(5) The ALJ may grant discovery subject to a protective order under § 105-70.024.</P>
            <P>(e) <E T="03">Depositions.</E> (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.</P>
            <P>(2) The party seeking to depose shall serve the subpoena in the manner prescribed in § 105-70.008.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(f) Each party shall bear its own costs of discovery.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.022</SECTNO>
            <SUBJECT>Exchange of witness lists, statements, and exhibits.</SUBJECT>
            <P>(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 § 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.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.023</SECTNO>
            <SUBJECT>Subpoena for attendance at hearing.</SUBJECT>
            <P>(a) A party wishing to procure the appearance and testimony of any individual at the hearing may request that the ALJ issue a subpoena.</P>
            <P>(b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at the hearing.</P>
            <P>(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.</P>

            <P>(d) The subpoena shall specify the time and place at which the witness is <PRTPAGE P="200"/>to appear and any documents the witness is to produce.</P>
            <P>(e) The party seeking the subpoena shall serve it in the manner prescribed in § 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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.024</SECTNO>
            <SUBJECT>Protective order.</SUBJECT>
            <P>(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.</P>
            <P>(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:</P>
            <P>(1) That the discovery not be had;</P>
            <P>(2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place;</P>
            <P>(3) That the discovery may be had only through a method of discovery other than that requested;</P>
            <P>(4) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters;</P>
            <P>(5) That discovery be conducted with no one present except persons designated by the ALJ;</P>
            <P>(6) That the contents of discovery or evidence be sealed;</P>
            <P>(7) That a deposition after being sealed be opened only by order of the ALJ;</P>
            <P>(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</P>
            <P>(9) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the ALJ.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.025</SECTNO>
            <SUBJECT>Fees.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.026</SECTNO>
            <SUBJECT>Form, filing and service of papers.</SUBJECT>
            <P>(a) <E T="03">Form.</E> (1) Documents filed with the ALJ shall include an original and two copies.</P>
            <P>(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).</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(b) <E T="03">Service.</E> 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 § 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.</P>
            <P>(c) <E T="03">Proof of service.</E> A certificate of the individual serving the document by personal delivery or by mail, setting <PRTPAGE P="201"/>forth the manner of service, shall be proof of service.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.027</SECTNO>
            <SUBJECT>Computation of time.</SUBJECT>
            <P>(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 legal holiday observed by the Federal government, in which event it includes the next business day.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.028</SECTNO>
            <SUBJECT>Motions.</SUBJECT>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(e) The ALJ shall make a reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.029</SECTNO>
            <SUBJECT>Sanctions.</SUBJECT>
            <P>(a) The ALJ may sanction a person, including any party or representative for—</P>
            <P>(1) Failing to comply with an order, rule, or procedure governing the proceeding;</P>
            <P>(2) Failing to prosecute or defend an action; or</P>
            <P>(3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.</P>
            <P>(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.</P>
            <P>(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—</P>
            <P>(1) Draw an inference in favor of the requesting party with regard to the information sought;</P>
            <P>(2) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;</P>
            <P>(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</P>
            <P>(4) Strike any part of the pleadings or other submissions of the party failing to comply with such request.</P>
            <P>(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.</P>
            <P>(e) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.030</SECTNO>
            <SUBJECT>The hearing and burden of proof.</SUBJECT>
            <P>(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 § 105-70.003 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.</P>
            <P>(b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.</P>

            <P>(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.<PRTPAGE P="202"/>
            </P>
            <P>(d) The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.031</SECTNO>
            <SUBJECT>Determining the amount of penalties and assessments.</SUBJECT>
            <P>In determining an appropriate amount of civil penalties and assessments, the ALJ and the Authority 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.032</SECTNO>
            <SUBJECT>Location of hearing.</SUBJECT>
            <P>(a) The hearing may be held—</P>
            <P>(1) In any judicial district of the United States in which the defendant resides or transacts business;</P>
            <P>(2) In any judicial district of the United States in which the claim or statement in issue was made; or</P>
            <P>(3) In such other place as may be agreed upon by the defendant and the ALJ.</P>
            <P>(b) Each party shall have the opportunity to present arguments with respect to the location of the hearing.</P>
            <P>(c) The hearing shall be held at the place and at the time ordered by the ALJ.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.033</SECTNO>
            <SUBJECT>Witnesses.</SUBJECT>
            <P>(a) Except as provided in paragraph (b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation.</P>
            <P>(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 § 105-70.022(a).</P>
            <P>(c) The ALJ shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to—</P>
            <P>(1) Make the interrogation and presentation effective for the ascertainment of the truth,</P>
            <P>(2) Avoid needless consumption of time, and</P>
            <P>(3) Protect witnesses from harrassment or undue embarrassment.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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—</P>
            <P>(1) A party who is an individual;</P>

            <P>(2) In the case of a party that is not an individual, an officer or employee of the party appearing for the entity <E T="03">pro se</E> or designated by the party's representative; or</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.034</SECTNO>
            <SUBJECT>Evidence.</SUBJECT>
            <P>(a) The ALJ shall determine the admissibility of evidence.</P>
            <P>(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.</P>
            <P>(c) The ALJ shall exclude irrelevant and immaterial evidence.</P>
            <P>(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.</P>

            <P>(e) Although relevant, evidence may be excluded if it is privileged under Federal law.<PRTPAGE P="203"/>
            </P>
            <P>(f) Evidence concerning offers of compromise or settlement shall be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence.</P>
            <P>(g) The ALJ shall permit the parties to introduce rebuttal witnesses and evidence.</P>
            <P>(h) All documents and other evidence offered or taken for the record shall be open to examination by all parties, unless otherwise ordered by the ALJ pursuant to § 105-70.024.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.035</SECTNO>
            <SUBJECT>The record.</SUBJECT>
            <P>(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.</P>
            <P>(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.</P>
            <P>(c) The record may be inspected and copied (upon payment of a reasonable fee) by anyone, unless otherwise ordered by the ALJ pursuant to § 105-70.024.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.036</SECTNO>
            <SUBJECT>Post-hearing briefs.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.037</SECTNO>
            <SUBJECT>Initial decision.</SUBJECT>
            <P>(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.</P>
            <P>(b) The findings of fact shall include a finding on each of the following issues:</P>
            <P>(1) Whether the claims or statements identified in the complaint, or any portions thereof, violate § 105-70.003.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.038</SECTNO>
            <SUBJECT>Reconsideration of initial decision.</SUBJECT>
            <P>(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.</P>
            <P>(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.</P>
            <P>(c) Responses to such motions shall be allowed only upon request of the ALJ.</P>
            <P>(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.</P>
            <P>(e) The ALJ may dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.</P>

            <P>(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 <PRTPAGE P="204"/>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 § 105-70.039.</P>
            <P>(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 the parties 30 days after it is issued, unless it is timely appealed to the Authority Head in accordance with § 105-70.039.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.039</SECTNO>
            <SUBJECT>Appeal to Authority Head.</SUBJECT>
            <P>(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.</P>
            <P>(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 § 105-70.038, consideration of the appeal shall be stayed automatically pending resolution of the motion for reconsideration.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(c) If the defendant files a timely notice of appeal with the Authority Head and the time for filing motions for reconsideration under § 105-70.038 has expired, the ALJ shall forward the record of the proceeding to the Authority Head.</P>
            <P>(d) A notice of appeal shall be accompanied by a written brief specifying exceptions to the initial decision and reasons supporting the exceptions.</P>
            <P>(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.</P>
            <P>(f) There is no right to appear personally before the Authority Head.</P>
            <P>(g) There is no right to appeal any interlocutory ruling by the ALJ.</P>
            <P>(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.</P>
            <P>(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.</P>
            <P>(j) The Authority Head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment, determined by the ALJ in any initial decision.</P>
            <P>(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.</P>
            <P>(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 § 105-70.003 is final and is not subject to judicial review.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.040</SECTNO>
            <SUBJECT>Stays ordered by the Department of Justice.</SUBJECT>

            <P>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 <PRTPAGE P="205"/>receipt of the written authorization of the Attorney General.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.041</SECTNO>
            <SUBJECT>Stay pending appeal.</SUBJECT>
            <P>(a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the Authority Head.</P>
            <P>(b) No administrative stay is available following a final decision of the Authority Head.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.042</SECTNO>
            <SUBJECT>Judicial review.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.043</SECTNO>
            <SUBJECT>Collection of civil penalties and assessments.</SUBJECT>
            <P>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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.044</SECTNO>
            <SUBJECT>Right to administrative offset.</SUBJECT>
            <P>The amount of any penalty or assessment which has become final, or for which a judgment has been entered under § 105-70.042 or § 105-70.043, or any amount agreed upon in a compromise or settlement under § 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.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.045</SECTNO>
            <SUBJECT>Deposit in Treasury of United States.</SUBJECT>
            <P>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).</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.046</SECTNO>
            <SUBJECT>Compromise or settlement.</SUBJECT>
            <P>(a) Parties may make offers of compromise or settlement at any time.</P>
            <P>(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.</P>
            <P>(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 § 105-70.042 or during the pendency of any action to collect penalties and assessments under § 105-70.043.</P>
            <P>(d) The Attorney General has exclusive authority to compromise or settle a case under this part during the pendency of any review under § 105-70.042 or of any action to recover penalties and assessments under 31 U.S.C. 3806.</P>
            <P>(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.</P>
            <P>(f) Any compromise or settlement must be in writing.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-70.047</SECTNO>
            <SUBJECT>Limitations.</SUBJECT>
            <P>(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 § 105-70.012 herein shall be served within 6 years after the date on which a claim or statement is made.</P>

            <P>(b) If the defendant fails to file a timely answer, service of a notice under § 105-70.010(b) shall be deemed a <PRTPAGE P="206"/>notice of hearing for purposes of this section.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-71</EAR>
          <HD SOURCE="HED">PART 105-71—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS WITH STATE AND LOCAL GOVERNMENTS</HD>
          <CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-71.1—General</HD>
              <SECHD>Sec.</SECHD>
              <SECTNO>105-71.100</SECTNO>
              <SUBJECT>Purpose and scope of this part.</SUBJECT>
              <SECTNO>105-71.101</SECTNO>
              <SUBJECT>Scope of §§ 105-71.100 through 105-71.105.</SUBJECT>
              <SECTNO>105-71.102</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-71.103</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-71.104</SECTNO>
              <SUBJECT>Effect on other issuances.</SUBJECT>
              <SECTNO>105-71.105</SECTNO>
              <SUBJECT>Additions and exceptions.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-71.11—Pre-Award Requirements</HD>
              <SECTNO>105-71.110</SECTNO>
              <SUBJECT>Forms for applying for grants.</SUBJECT>
              <SECTNO>105-71.111</SECTNO>
              <SUBJECT>State plans.</SUBJECT>
              <SECTNO>105-71.112</SECTNO>
              <SUBJECT>Special grant or subgrant conditions for “high-risk” grantees.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-71.12—Post-Award Requirements/Financial Administration</HD>
              <SECTNO>105-71.120</SECTNO>
              <SUBJECT>Standards for financial management systems.</SUBJECT>
              <SECTNO>105-71.121</SECTNO>
              <SUBJECT>Payment.</SUBJECT>
              <SECTNO>105-71.122</SECTNO>
              <SUBJECT>Allowable costs.</SUBJECT>
              <SECTNO>105-71.123</SECTNO>
              <SUBJECT>Period of availability of funds.</SUBJECT>
              <SECTNO>105-71.124</SECTNO>
              <SUBJECT>Matching or cost sharing.</SUBJECT>
              <SECTNO>105-71.125</SECTNO>
              <SUBJECT>Program income.</SUBJECT>
              <SECTNO>105-71.126</SECTNO>
              <SUBJECT>Non-Federal audit.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-71.13—Post-Award Requirements/Changes, Property, and Subawards</HD>
              <SECTNO>105-71.130</SECTNO>
              <SUBJECT>Changes.</SUBJECT>
              <SECTNO>105-71.131</SECTNO>
              <SUBJECT>Real property.</SUBJECT>
              <SECTNO>105-71.132</SECTNO>
              <SUBJECT>Equipment.</SUBJECT>
              <SECTNO>105-71.133</SECTNO>
              <SUBJECT>Supplies.</SUBJECT>
              <SECTNO>105-71.134</SECTNO>
              <SUBJECT>Copyrights.</SUBJECT>
              <SECTNO>105-71.135</SECTNO>
              <SUBJECT>Subawards to debarred and suspended parties.</SUBJECT>
              <SECTNO>105-71.136</SECTNO>
              <SUBJECT>Procurement.</SUBJECT>
              <SECTNO>105-71.137</SECTNO>
              <SUBJECT>Subgrants.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-71.14—Post-Award Requirements/Reports, Records, Retention, and Enforcement</HD>
              <SECTNO>105-71.140</SECTNO>
              <SUBJECT>Monitoring and reporting program performance.</SUBJECT>
              <SECTNO>105-71.141</SECTNO>
              <SUBJECT>Financial reporting.</SUBJECT>
              <SECTNO>105-71.142</SECTNO>
              <SUBJECT>Retention and access requirements for records.</SUBJECT>
              <SECTNO>105-71.143</SECTNO>
              <SUBJECT>Enforcement.</SUBJECT>
              <SECTNO>105-71.144</SECTNO>
              <SUBJECT>Termination for convenience.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-71.15—After-the-Grant Requirements</HD>
              <SECTNO>105-71.150</SECTNO>
              <SUBJECT>Closeout.</SUBJECT>
              <SECTNO>105-71.151</SECTNO>
              <SUBJECT>Later disallowances and adjustments.</SUBJECT>
              <SECTNO>105-71.152</SECTNO>
              <SUBJECT>Collection of amounts due.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subpart 105-71.16—Entitlements [Reserved]</RESERVED>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 205(c), 63 Stat. 390, (40 U.S.C. 486(c)).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>58 FR 43270, Aug. 16, 1993, unless otherwise noted.</P>
          </SOURCE>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-71.1—General</HD>
            <SECTION>
              <SECTNO>§ 105-71.100</SECTNO>
              <SUBJECT>Purpose and scope of this part.</SUBJECT>
              <P>This part establishes uniform administrative rules for Federal grants and cooperative agreements and subawards to State, local and Indian tribal governments.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.101</SECTNO>
              <SUBJECT>Scope of §§ 105-71.100 through 105-71.105.</SUBJECT>
              <P>This section contains general rules pertaining to this part and procedures for control of exceptions from this subpart.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.102</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>As used in this part:</P>
              <P>
                <E T="03">Accrued expenditures</E> 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.</P>
              <P>
                <E T="03">Accrued income</E> 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.<PRTPAGE P="207"/>
              </P>
              <P>
                <E T="03">Acquisition cost</E> 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.</P>
              <P>
                <E T="03">Administrative</E> requirements mean those matters common to grants in general, such as financial management, kinds and frequency of reports, and retention of records. These are distinguished from <E T="03">programmatic</E> 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.</P>
              <P>
                <E T="03">Awarding agency</E> means (1) with respect to a grant, the Federal agency, and (2) with respect to a subgrant, the party that awarded the subgrant.</P>
              <P>
                <E T="03">Cash contributions</E> 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.</P>
              <P>
                <E T="03">Contract</E> means (except as used in the definitions for <E T="03">grant</E> and <E T="03">subgrant</E> in this section and except where qualified by <E T="03">Federal</E>) a procurement contract under a grant or subgrant, and means a procurement subcontract under a contract.</P>
              <P>
                <E T="03">Cost sharing or matching</E> 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.</P>
              <P>
                <E T="03">Cost-type contract</E> 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.</P>
              <P>
                <E T="03">Equipment</E> 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.</P>
              <P>
                <E T="03">Expenditure report</E> 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).</P>
              <P>
                <E T="03">Federally recognized Indian tribal government</E> 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.</P>
              <P>
                <E T="03">Government</E> means a State or local government or a federally recognized Indian tribal government.</P>
              <P>
                <E T="03">Grant</E> 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.</P>
              <P>
                <E T="03">Grantee</E> 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.</P>
              <P>
                <E T="03">Local government</E> 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, <PRTPAGE P="208"/>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.</P>
              <P>
                <E T="03">Obligations</E> 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.</P>
              <P>
                <E T="03">OMB</E> means the United States Office of Management and Budget.</P>
              <P>
                <E T="03">Outlays</E> (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 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.</P>
              <P>
                <E T="03">Percentage of completion method</E> 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.</P>
              <P>
                <E T="03">Prior approval</E> means documentation evidencing consent prior to incurring specific cost.</P>
              <P>
                <E T="03">Real property</E> means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.</P>
              <P>
                <E T="03">Share,</E> 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.</P>
              <P>
                <E T="03">State</E> 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.</P>
              <P>
                <E T="03">Subgrant</E> 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.</P>
              <P>
                <E T="03">Subgrantee</E> 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.</P>
              <P>
                <E T="03">Supplies</E> means all tangible personal property other than equipment as defined in this part.</P>
              <P>
                <E T="03">Suspension</E> 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.</P>
              <P>
                <E T="03">Termination</E> 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.</P>
              <P>
                <E T="03">Termination</E> does not include: (1) Withdrawal of funds awarded on the basis of the grantee's underestimate of <PRTPAGE P="209"/>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.</P>
              <P>
                <E T="03">Terms of a grant or subgrant</E> mean all requirements of the grant or subgrant whether in statute, regulations, or the award document.</P>
              <P>
                <E T="03">Third party in-kind contributions</E> mean property or services which benefit a federally assisted project or program and which are contributed by non-Federal third parties without charge to the grantee, or a cost-type contractor under the grant agreement.</P>
              <P>
                <E T="03">Unliquidated obligations</E> 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.</P>
              <P>
                <E T="03">Unobligated balance</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.103</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>(a) <E T="03">General.</E> 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 § 105-71.105 or:</P>
              <P>(1) Grants and subgrants to State and local institutions of higher education or State and local hospitals.</P>
              <P>(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).</P>
              <P>(3) Entitlement grants to carry out the following programs of the Social Security Act:</P>
              <P>(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);</P>
              <P>(ii) Child Support Enforcement and Establishment of Paternity (Title IV-D of the Act);</P>
              <P>(iii) Foster Care and Adoption Assistance (Title IV-E of the Act);</P>
              <P>(iv) Aid to the Aged, Blind, Disabled (Titles I, X, XIV, and XVI-AABD of the Act); and</P>
              <P>(v) Medical Assistance (Medicaid) (Title XIX of the Act) not including the State Medical Fraud Control program authorized by section 1903(a)(6)(B).</P>
              <P>(4) Entitlement grants under the following programs of The National School Lunch Act:</P>
              <P>(i) School Lunch (section 4 of the Act);</P>
              <P>(ii) Commodity Assistance (section 6 of the Act);</P>
              <P>(iii) Special Meal Assistance (section 11 of the Act);</P>
              <P>(iv) Summer Food Service for Children (section 13 of the Act); and</P>
              <P>(v) Child Care Food Program (section 17 of the Act).</P>
              <P>(5) Entitlement grants under the following programs of The Child Nutrition Act of 1966:</P>
              <P>(i) Special Milk (section 3 of the Act), and</P>
              <P>(ii) School Breakfast (section 4 of the Act).</P>

              <P>(6) Entitlement grants for State Administrative expenses under The Food Stamp Act of 1977 (section 16 of the Act).<PRTPAGE P="210"/>
              </P>
              <P>(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;</P>
              <P>(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;</P>
              <P>(9) Grants to local education agencies under 20 U.S.C. 236 through 241-1(a), 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</P>
              <P>(10) Payments under the Veterans Administration's State Home Per Diem Program (38 U.S.C. 641(a)).</P>
              <P>(b) <E T="03">Entitlement programs.</E> Entitlement programs enumerated above in § 105-71.103(a)(3) through (8) are subject to Subpart—Entitlement.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.104</SECTNO>
              <SUBJECT>Effect on other issuances.</SUBJECT>
              <P>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 § 105-71.105.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.105</SECTNO>
              <SUBJECT>Additions and exceptions.</SUBJECT>

              <P>(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 <E T="04">Federal Register</E>.</P>
              <P>(b) Exceptions for classes of grants or grantees may be authorized only by OMB.</P>
              <P>(c) Exceptions on a case-by-case basis and for subgrantees may be authorized by the affected Federal agencies.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-71.11—Pre-Award Requirements</HD>
            <SECTION>
              <SECTNO>§ 105-71.110</SECTNO>
              <SUBJECT>Forms for applying for grants.</SUBJECT>
              <P>(a) <E T="03">Scope.</E> (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.</P>
              <P>(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.</P>
              <P>(b) <E T="03">Authorized forms and instructions for governmental organizations.</E> (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.</P>
              <P>(2) Applicants are not required to submit more than the original and two copies of preapplications or applications.</P>
              <P>(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.</P>

              <P>(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. <PRTPAGE P="211"/>Previously submitted pages with information that is still current need not be resubmitted.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.111</SECTNO>
              <SUBJECT>State plans.</SUBJECT>
              <P>(a) <E T="03">Scope.</E> 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.</P>
              <P>(b) <E T="03">Requirements.</E> A State need meet only Federal administrative or programmatic requirements for a plan that are in statutes or codified regulations.</P>
              <P>(c) <E T="03">Assurances.</E> 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 which it receives grant funding. For this assurance and other assurances required in the plan, the State may:</P>
              <P>(1) Cite by number the statutory or regulatory provisions requiring the assurances and affirm that it gives the assurances required by those provisions,</P>
              <P>(2) Repeat the assurance language in the statutes or regulations, or</P>
              <P>(3) Develop its own language to the extent permitted by law.</P>
              <P>(d) <E T="03">Amendments.</E> A State will amend a plan whenever necessary to reflect:</P>
              <P>(1) New or revised Federal statutes or regulations or</P>
              <P>(2) A material change in any State law, organization, policy, or State agency operation.</P>
              <FP>The State will obtain approval for the amendment and its effective date but need submit for approval only the amended portions of the plan.</FP>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.112</SECTNO>
              <SUBJECT>Special grant or subgrant conditions for “high-risk” grantees.</SUBJECT>
              <P>(a) A grantee or subgrantee may be considered “high risk” if an awarding agency determines that a grantee or subgrantee:</P>
              <P>(1) Has a history of unsatisfactory performance, or</P>
              <P>(2) Is not financially stable, or</P>
              <P>(3) Has a management system which does not meet the management standards set forth in this part, or</P>
              <P>(4) Has not conformed to terms and conditions of previous awards, or</P>
              <P>(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.</P>
              <P>(b) Special conditions or restrictions may include:</P>
              <P>(1) Payment on a reimbursement basis;</P>
              <P>(2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period;</P>
              <P>(3) Requiring additional, more detailed financial reports;</P>
              <P>(4) Additional project monitoring;</P>
              <P>(5) Requiring the grantee or subgrantee to obtain technical or management assistance; or</P>
              <P>(6) Establishing additional prior approvals.</P>
              <P>(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:</P>
              <P>(1) The nature of the special conditions/restrictions;</P>
              <P>(2) The reason(s) for imposing them;</P>
              <P>(3) The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions and</P>
              <P>(4) The method of requesting reconsideration of the conditions/restrictions imposed.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-71.12—Post-Award Requirements/Financial Administration</HD>
            <SECTION>
              <SECTNO>§ 105-71.120</SECTNO>
              <SUBJECT>Standards for financial management systems.</SUBJECT>

              <P>(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—<PRTPAGE P="212"/>
              </P>
              <P>(1) Permit preparation of reports required by this part and the statutes authorizing the grant, and</P>
              <P>(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.</P>
              <P>(b) The financial management systems of other grantees and subgrantees must meet the following standards:</P>
              <P>(1) <E T="03">Financial reporting.</E> 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.</P>
              <P>(2) <E T="03">Accounting records.</E> 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.</P>
              <P>(3) <E T="03">Internal control.</E> 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.</P>
              <P>(4) <E T="03">Budget control.</E> 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.</P>
              <P>(5) <E T="03">Allowable cost.</E> 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.</P>
              <P>(6) <E T="03">Source documentation.</E> 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.</P>
              <P>(7) <E T="03">Cash management.</E> 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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.121</SECTNO>
              <SUBJECT>Payment.</SUBJECT>
              <P>(a) <E T="03">Scope.</E> 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.</P>
              <P>(b) <E T="03">Basic standard.</E> 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.</P>
              <P>(c) <E T="03">Advances.</E> 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.</P>
              <P>(d) <E T="03">Reimbursement.</E> Reimbursement shall be the preferred method when the requirements in paragraph (c) of this <PRTPAGE P="213"/>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.</P>
              <P>(e) <E T="03">Working capital advances.</E> 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 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.</P>
              <P>(f) <E T="03">Effect of program income, refunds and audit recoveries on payment.</E> (1) Grantees and subgrantees shall disburse repayments to and interest earned on a revolving fund before requesting additional cash payments for the same activity.</P>
              <P>(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.</P>
              <P>(g) <E T="03">Withholding payments.</E> (1) Unless otherwise required by Federal statute, awarding agencies shall not withhold payments for proper charges incurred by grantees or subgrantees unless—</P>
              <P>(i) The grantee or subgrantee has failed to comply with grant award conditions or</P>
              <P>(ii) The grantee or subgrantee is indebted to the United States.</P>
              <P>(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 § 105-71.143(c).</P>
              <P>(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.</P>
              <P>(h) <E T="03">Cash depositories.</E> (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.</P>
              <P>(2) A grantee or subgrantee shall maintain a separate bank account only when required by Federal-State agreement.</P>
              <P>(i) <E T="03">Interest earned on advances.</E> Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 <E T="03">et seq.</E>) 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.122</SECTNO>
              <SUBJECT>Allowable costs.</SUBJECT>
              <P>(a) <E T="03">Limitation on use of funds.</E> Grant funds may be used only for:</P>

              <P>(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<PRTPAGE P="214"/>
              </P>
              <P>(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.</P>
              <P>(b) <E T="03">Applicable cost principles.</E> 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:</P>
              <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,i1">
                <BOXHD>
                  <CHED H="1">For the costs of a—</CHED>
                  <CHED H="1">Use the principles in—</CHED>
                </BOXHD>
                <ROW>
                  <ENT I="01">State, local or Indian tribal government.</ENT>
                  <ENT>OMB Circular A-87.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">Private nonprofit organization other than an (1) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular</ENT>
                  <ENT>OMB Circular A-122.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">Educational institutions</ENT>
                  <ENT>OMB Circular A-21</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">For-profit organization other than a hospital and an organization named in OMB Circular A-122 as not subject to that circular</ENT>
                  <ENT>48 CFR part 31, Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the Federal agency.</ENT>
                </ROW>
              </GPOTABLE>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.123</SECTNO>
              <SUBJECT>Period of availability of funds.</SUBJECT>
              <P>(a) <E T="03">General.</E> 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.</P>
              <P>(b) <E T="03">Liquidation of obligations.</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-71.124</SECTNO>
              <SUBJECT>Matching or cost sharing.</SUBJECT>
              <P>(a) <E T="03">Basic rule: Costs and contributions acceptable.</E> 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:</P>
              <P>(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.</P>
              <P>(2) The value of third party in-kind contributions applicable to the period to which the cost sharing or matching requirements apply.</P>
              <P>(b) <E T="03">Qualifications and exceptions—</E>(1) <E T="03">Costs borne by other Federal grant agreements.</E> 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.</P>
              <P>(2) <E T="03">General revenue sharing.</E> For the purpose of this section, general revenue sharing funds distributed under 31 U.S.C. 6702 are not considered Federal grant funds.</P>
              <P>(3) <E T="03">Cost or contributions counted towards other Federal costs-sharing requirements.</E> 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.</P>
              <P>(4) <E T="03">Costs financed by program income.</E> Costs financed by program income, as defined in § 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 § 105-71.125(g).)</P>
              <P>(5) <E T="03">Services or property financed by income earned by contractors.</E> 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 