[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    41


          Chapters 102 to 200

                         Revised as of July 1, 2002

Public Contracts and Property Management





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2002
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2002



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
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      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



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                            Table of Contents



                                                                    Page
  Explanation.................................................      vi

  Title 41:
    Subtitle C--Federal Property Management Regulations System 
      (Continued):
          Chapter 102--Federal management regulation                 5
           Chapters 103-104 [Reserved]
          Chapter 105--General Services Administration             229
          Chapter 109--Department of Energy Property 
          Management Regulations                                   409
          Chapter 114--Department of the Interior                  475
          Chapter 115--Environmental Protection Agency             479
          Chapter 128--Department of Justice                       483
           Chapters 129- 200 [Reserved]
    Subtitle D--Other Provisions Relating to Property 
      Management [Reserved]
            
  Finding Aids:
      Table of CFR Titles and Chapters........................     501
      Alphabetical List of Agencies Appearing in the CFR......     519

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      Redesignation Table.....................................     529
      List of CFR Sections Affected...........................     531



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

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

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

[[Page vi]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2002, consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

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

[[Page 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.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 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.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
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.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
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Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.access.gpo.gov/nara (``GPO Access''). For more 
information, contact Electronic Information Dissemination Services, U.S. 
Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-
free). E-mail, gpoaccess@gpo.gov.

[[Page viii]]

    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.

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

July 1, 2002.



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                               THIS TITLE

    Title 41--Public Contracts and Property Management consists of 
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal 
Property Management Regulations System; Subtitle D is reserved for other 
provisions relating to property management, Subtitle E--Federal 
Information Resources Management Regulations System and Subtitle F--
Federal Travel Regulation System.

    As of July 1, 1985, the text of subtitle A is no longer published in 
the Code of Federal Regulations. For an explanation of the status of 
subtitle A, see 41 CFR chapters 1--100 (page 3).

    Other government-wide procurement regulations relating to public 
contracts appear in chapters 50 through 100, subtitle B.

    The Federal property management regulations in chapter 101 of 
subtitle C are government-wide property management regulations issued by 
the General Services Administration. In the remaining chapters of 
subtitle C are the implementing and supplementing property management 
regulations issued by individual Government agencies. Those regulations 
which implement chapter 101 are numerically keyed to it.

    The Federal Travel Regulation System in chapters 300-304 of subtitle 
F is issued by the General Services Administration.

    Title 41 is composed of four volumes. The chapters in these volumes 
are arranged as follows: Chapters 1--100, chapter 101, chapters 102--
200, and chapter 201 to End. These volumes represent all current 
regulations codified under this title of the CFR as of July 1, 2002.

    Redesignation tables appear in the finding aids section of the 
volumes containing chapter 101 and chapters 102 to 200.

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[[Page 1]]



           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT




                (This book contains chapters 102 to 200)

  --------------------------------------------------------------------
                                                                    Part

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

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

chapters 103-104 [Reserved]

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

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

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

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

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

chapters 129-200 [Reserved]

 SUBTITLE D--Other Provisions Relating to Property Management [Reserved]

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

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               CHAPTER 102--FEDERAL MANAGEMENT REGULATION




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

                          SUBCHAPTER A--GENERAL
Part                                                                Page
102-1           General [Reserved]

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

Nondiscrimination in Federal financial assistance programs [Reserved]

102-5           Home-to-work transportation.................          40
102-6--102-30   [Reserved]

  

                     SUBCHAPTER B--PERSONAL PROPERTY
102-31          General [Reserved]

102-32          Management of personal property [Reserved]

102-33          Management of aircraft [Reserved]

102-34          Motor vehicle management....................          45
102-35          Disposition of personal property [Reserved]

102-36          Disposition of excess personal property.....          60
102-37          Donation of Surplus Personal Property.......          83
102-38          [Reserved]

102-39          Replacement of personal property pursuant to 
                    the exchange/sale authority.............         115
102-40--102-41  [Reserved]

  

102-42          Utilization, donation, and disposal of 
                    foreign gifts and decorations...........         119
102-43--102-70  [Reserved]

  

                       SUBCHAPTER C--REAL PROPERTY
102-71          General.....................................         127
102-72          Delegation of authority.....................         128
102-73          Real estate acquisition.....................         131
102-74          Facility management.........................         135
102-75          Real property disposal......................         137
102-76          Design and construction.....................         141
102-77          Art-in-architecture.........................         142
102-78          Historic preservation.......................         143

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102-79          Assignment and utilization of space.........         145
102-80          Safety and environmental management.........         148
102-81          Security....................................         151
102-79          Assignment and utilization of space.........         145
102-80          Safety and environmental management.........         148
102-81          Security....................................         151
102-82          Utility services............................         152
102-83

Centralized services in Federal buildings and complexes [Reserved]

102-84          Annual real property inventories............         152
102-85          Pricing policy for occupancy in GSA space...         155
102-86--102-92  [Reserved]

  

102-96--102-115 [Reserved]

  

                      SUBCHAPTER D--TRANSPORTATION
102-116         General [Reserved]

102-117         Transportation management...................         170
102-118         Transportation payment and audit............         185
102-119--102-140 [Reserved]

  

                     SUBCHAPTER E--TRAVEL MANAGEMENT
102-141         General [Reserved]

102-142--102-170 [Reserved]

  

                    SUBCHAPTER F--TELECOMMUNICATIONS
102-171         General [Reserved]

102-172         Telecommunications management policy [Reserved]

102-173--102-190 [Reserved]

  

                  SUBCHAPTER G--ADMINISTRATIVE PROGRAMS
102-191         General [Reserved]

102-192         Mail management.............................         212
102-193         Creation, maintenance, and use of records...         221
102-194         Standard and optional forms management 
                    program.................................         223
102-195         Interagency reports management program......         225
102-196         Federal facility ridesharing [Reserved]

102-197--102-220 [Reserved]

  

                  SUBCHAPTER H-SUBCHAPTER Z [RESERVED]

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                          SUBCHAPTER A--GENERAL



                      PART 102--GENERAL [RESERVED]



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




                      Subpart A--Regulation System

                                 General

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

                                Numbering

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

                               Deviations

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

                         Non-Regulatory Material

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

                            Subpart B--Forms

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

               Subpart C--Plain Language Regulatory Style

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

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

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



                      Subpart A--Regulation System

                                 General



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

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



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

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

[[Page 8]]



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

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



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

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



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

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



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

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



Sec. 102-2.35  How is the FMR distributed?

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



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

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

                                Numbering



Sec. 102-2.45  How is the FMR numbered?

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

[[Page 9]]

[GRAPHIC] [TIFF OMITTED] TR21JY99.001

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



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

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



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

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

                               Deviations



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

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



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

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



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

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



Sec. 102-2.75  What timeframes apply to deviations?

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



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

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



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

    The reasons for writing are to:

[[Page 10]]

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



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

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



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

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



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

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



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

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



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

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

                         Non-Regulatory Material



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

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



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

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



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

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

[[Page 11]]

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



                            Subpart B--Forms



Sec. 102-2.130  Where are FMR forms prescribed?

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



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

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



               Subpart C--Plain Language Regulatory Style



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

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



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

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



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




Subpart A--What Policies Apply To Advisory Committees Established Within 
                          the Executive Branch?

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

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

      Subpart B--How Are Advisory Committees Established, Renewed, 
                     Reestablished, and Terminated?

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

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

             Subpart C--How Are Advisory Committees Managed?

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

[[Page 12]]

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

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

   Subpart D--Advisory Committee Meeting and Recordkeeping Procedures

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

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

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

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

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

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 7, 5 
U.S.C., App.; and E.O. 12024, 3 CFR, 1977 Comp., p. 158.

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



Subpart A--What Policies Apply to Advisory Committees Established Within 
                          the Executive Branch?



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

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



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

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



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

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

[[Page 13]]

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



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

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



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

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

[[Page 14]]

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



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

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

[[Page 15]]

only, unless specifically provided by statute or Presidential directive.



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

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



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

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

[[Page 16]]

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

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

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

[[Page 17]]



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

[[Page 18]]

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

[[Page 19]]

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


[[Page 20]]



      Subpart B--How Are Advisory Committees Established, Renewed, 
                     Reestablished, and Terminated?



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

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



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

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



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

    (a) An advisory committee automatically terminates two years after 
its date of establishment unless:
    (1) The statutory authority used to establish the advisory committee 
provides a different duration;
    (2) The President or agency head determines that the advisory 
committee has fulfilled the purpose for which it was established and 
terminates the advisory committee earlier;
    (3) The President or agency head determines that the advisory 
committee is no longer carrying out the purpose for which it was 
established and terminates the advisory committee earlier; or
    (4) The President or agency head renews the committee not later than 
two years after its date of establishment in accordance with Sec. 102-
3.60. If an advisory committee needed by the President or an agency 
terminates because it was not renewed in a timely manner, or if the 
advisory committee has been terminated under the provisions of Sec. 102-
3.30(b), it can be reestablished in accordance with Sec. 102-3.60.
    (b) When an advisory committee terminates, the agency shall notify 
the Secretariat of the effective date of the termination.



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

    (a) Consult with the Secretariat. Before establishing, renewing, or 
reestablishing a discretionary advisory committee and filing the charter 
as addressed later in Sec. 102-3.70, the agency head must consult with 
the Secretariat. As part of this consultation, agency heads are 
encouraged to engage in constructive dialogue with the Secretariat. With 
a full understanding of the background and purpose behind the proposed 
advisory committee, the Secretariat may share its knowledge and 
experience with the agency on how best to make use of the proposed 
advisory committee, suggest alternate methods of attaining its purpose 
that the agency may wish to consider, or inform the agency of a pre-
existing advisory committee performing similar functions.
    (b) Include required information in the consultation. Consultations 
covering the establishment, renewal, and reestablishment of advisory 
committees must, as a minimum, contain the following information:
    (1) Explanation of need. An explanation stating why the advisory 
committee is essential to the conduct of agency business and in the 
public interest;
    (2) Lack of duplication of resources. An explanation stating why the 
advisory

[[Page 21]]

committee's functions cannot be performed by the agency, another 
existing committee, or other means such as a public hearing; and
    (3) Fairly balanced membership. A description of the agency's plan 
to attain fairly balanced membership. The plan will ensure that, in the 
selection of members for the advisory committee, the agency will 
consider a cross-section of those directly affected, interested, and 
qualified, as appropriate to the nature and functions of the advisory 
committee. Advisory committees requiring technical expertise should 
include persons with demonstrated professional or personal 
qualifications and experience relevant to the functions and tasks to be 
performed.



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

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



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

    No advisory committee may meet or take any action until a charter 
has been filed by the Committee Management Officer (CMO) designated in 
accordance with section 8(b) of the Act, or by another agency official 
designated by the agency head.
    (a) Requirement for discretionary advisory committees. To establish, 
renew, or reestablish a discretionary advisory committee, a charter must 
be filed with:
    (1) The agency head;
    (2) The standing committees of the Senate and the House of 
Representatives having legislative jurisdiction of the agency, the date 
of filing with which constitutes the official date of establishment for 
the advisory committee;
    (3) The Library of Congress, Anglo-American Acquisitions Division, 
Government Documents Section, Federal Advisory Committee Desk, 101 
Independence Avenue, SE., Washington, DC 20540-4172; and
    (4) The Secretariat, indicating the date the charter was filed in 
accordance with paragraph (a)(2) of this section.
    (b) Requirement for non-discretionary advisory committees. Charter 
filing requirements for non-discretionary advisory committees are the 
same as those in paragraph (a) of this section, except the date of 
establishment for a Presidential advisory committee is the date the 
charter is filed with the Secretariat.
    (c) Requirement for subcommittees that report directly to the 
Government. Subcommittees that report directly to a Federal officer or 
agency must comply with this subpart and include in a charter the 
information required by Sec. 102-3.75.



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

    (a) Purpose and contents of an advisory committee charter. An 
advisory committee charter is intended to provide a description of an 
advisory committee's mission, goals, and objectives. It also provides a 
basis for evaluating an advisory committee's progress and effectiveness. 
The charter must contain the following information:
    (1) The advisory committee's official designation;
    (2) The objectives and the scope of the advisory committee's 
activity;

[[Page 22]]

    (3) The period of time necessary to carry out the advisory 
committee's purpose(s);
    (4) The agency or Federal officer to whom the advisory committee 
reports;
    (5) The agency responsible for providing the necessary support to 
the advisory committee;
    (6) A description of the duties for which the advisory committee is 
responsible and specification of the authority for any non-advisory 
functions;
    (7) The estimated annual costs to operate the advisory committee in 
dollars and person years;
    (8) The estimated number and frequency of the advisory committee's 
meetings;
    (9) The planned termination date, if less than two years from the 
date of establishment of the advisory committee;
    (10) The name of the President's delegate, agency, or organization 
responsible for fulfilling the reporting requirements of section 6(b) of 
the Act, if appropriate; and
    (11) The date the charter is filed in accordance with Sec. 102-3.70.
    (b) The provisions of paragraphs (a)(1) through (11) of this section 
apply to all subcommittees that report directly to a Federal officer or 
agency.



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

    (a) Responsibility and limitation. The agency head is responsible 
for amending the charter of an advisory committee. Amendments may be 
either minor or major. The procedures for making changes and filing 
amended charters will depend upon the authority basis for the advisory 
committee. Amending any existing advisory committee charter does not 
constitute renewal of the advisory committee under Sec. 102-3.60.
    (b) Procedures for minor amendments. To make a minor amendment to an 
advisory committee charter, such as changing the name of the advisory 
committee or modifying the estimated number or frequency of meetings, 
the following procedures must be followed:
    (1) Non-discretionary advisory committees. The agency head must 
ensure that any minor technical changes made to current charters are 
consistent with the relevant authority. When the Congress by law, or the 
President by Executive order, changes the authorizing language that has 
been the basis for establishing an advisory committee, the agency head 
or the chairperson of an independent Presidential advisory committee 
must amend those sections of the current charter affected by the new 
statute or Executive order, and file the amended charter as specified in 
Sec. 102-3.70.
    (2) Discretionary advisory committees. The charter of a 
discretionary advisory committee may be amended when an agency head 
determines that technical provisions of a filed charter are inaccurate, 
or specific provisions have changed or become obsolete with the passing 
of time, and that these amendments will not alter the advisory 
committee's objectives and scope substantially. The agency must amend 
the charter language as necessary and file the amended charter as 
specified in Sec. 102-3.70.



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

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

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

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

[[Page 23]]



                                                                 Appendix A to Subpart B
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Key points and principles                   Section(s)                          Question(s)                               Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. Agency heads must consult with the      102-3.60, 102-3.115.........  1. Can an agency head delegate to the     A. Yes. Many administrative functions
 Secretariat prior to establishing a                                      Committee Management Officer (CMO)        performed to implement the Act may
 discretionary advisory committee.                                        responsibility for consulting with the    be delegated. However, those
                                                                          Secretariat regarding the                 functions related to approving the
                                                                          establishment, renewal, or                final establishment, renewal, or
                                                                          reestablishment of discretionary          reestablishment of discretionary
                                                                          advisory committees?                      advisory committees are reserved for
                                                                                                                    the agency head. Each agency CMO
                                                                                                                    should assure that their internal
                                                                                                                    processes for managing advisory
                                                                                                                    committees include appropriate
                                                                                                                    certifications by the agency head.
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. Agency heads are responsible for       102-3.60(a), 102-3.105......  1. Who retains final authority for        A. Although agency heads retain final
 complying with the Act, including                                        establishing or renewing a                authority for establishing or
 determining which discretionary advisory                                 discretionary advisory committee?         renewing discretionary advisory
 committees should be established and                                                                               committees, these decisions should
 renewed.                                                                                                           be consistent with Sec.  102-
                                                                                                                    3.105(e) and reflect consultation
                                                                                                                    with the Secretariat under Sec.  102-
                                                                                                                    3.60(a).
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. An advisory committee must be fairly  102-3.30(c), 102-3.60(b)(3).  1. What factors should be considered in   A. The composition of an advisory
 balanced in its membership in terms of                                   achieving a ``balanced'' advisory         committee's membership will depend
 the points of view represented and the                                   committee membership?                     upon several factors, including: (i)
 functions to be performed.                                                                                         The advisory committee's mission;
                                                                                                                    (ii) The geographic, ethnic, social,
                                                                                                                    economic, or scientific impact of
                                                                                                                    the advisory committee's
                                                                                                                    recommendations; (iii) The types of
                                                                                                                    specific perspectives required, for
                                                                                                                    example, such as those of consumers,
                                                                                                                    technical experts, the public at-
                                                                                                                    large, academia, business, or other
                                                                                                                    sectors; (iv) The need to obtain
                                                                                                                    divergent points of view on the
                                                                                                                    issues before the advisory
                                                                                                                    committee; and (v) The relevance of
                                                                                                                    State, local, or tribal governments
                                                                                                                    to the development of the advisory
                                                                                                                    committee's recommendations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
IV. Charters for advisory committees       102-3.70(b).................  1. If an advisory committee's duration    A. Yes. Section 14(b)(2) of the Act
 required by statute must be filed every                                  exceeds two years, must a charter be      provides that: Any advisory
 two years regardless of the duration                                     filed with the Congress and GSA every     committee established by an Act of
 provided in the statute.                                                 two years?                                Congress shall file a charter upon
                                                                                                                    the expiration of each successive
                                                                                                                    two-year period following the date
                                                                                                                    of enactment of the Act establishing
                                                                                                                    such advisory committee.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 24]]



             Subpart C--How Are Advisory Committees Managed?



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

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



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

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



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

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



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

    The head of each agency that establishes or utilizes one or more 
advisory committees must:

[[Page 25]]

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



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

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



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

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



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

    The agency head or, in the case of an independent Presidential 
advisory committee, the Secretariat, must designate a Federal officer or 
employee who must be either full-time or permanent part-time, to be the 
DFO for each advisory committee and its subcommittees, who must:
    (a) Approve or call the meeting of the advisory committee or 
subcommittee;

[[Page 26]]

    (b) Approve the agenda, except that this requirement does not apply 
to a Presidential advisory committee;
    (c) Attend the meetings;
    (d) Adjourn any meeting when he or she determines it to be in the 
public interest; and
    (e) Chair the meeting when so directed by the agency head.



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

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



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

    In developing guidelines to implement the Act and this Federal 
Advisory Committee Management part at the agency level, agency heads 
must address the following issues concerning advisory committee member 
and staff appointments, and considerations with respect to uniform fair 
rates of compensation for comparable services, or expense reimbursement 
of members, staff, and experts and consultants:
    (a) Appointment and terms of advisory committee members. Unless 
otherwise provided by statute, Presidential directive, or other 
establishment authority, advisory committee members serve at the 
pleasure of the appointing or inviting authority. Membership terms are 
at the sole discretion of the appointing or inviting authority.
    (b) Compensation guidelines. Each agency head must establish uniform 
compensation guidelines for members and staff of, and experts and 
consultants to an advisory committee.
    (c) Compensation of advisory committee members not required. Nothing 
in this subpart requires an agency head to provide compensation to any 
member of an advisory committee, unless otherwise required by a specific 
statute.
    (d) Compensation of advisory committee members. When an agency has 
authority to set pay administratively for advisory committee members, it 
may establish appropriate rates of pay (including any applicable 
locality pay authorized by the President's Pay Agent under 5 U.S.C. 
5304(h)), not to exceed the rate for level IV of the Executive Schedule 
under 5 U.S.C. 5315, unless a higher rate expressly is allowed by 
another statute. However, the agency head personally must authorize a 
rate of basic pay in excess of the maximum rate of basic pay established 
for the General Schedule under 5 U.S.C. 5332, or alternative similar 
agency compensation system. This maximum rate includes any applicable 
locality payment under 5 U.S.C. 5304. The agency may pay advisory 
committee members on either an hourly or a daily rate basis. The agency 
may not provide additional compensation in any form, such as bonuses or 
premium pay.
    (e) Compensation of staff. When an agency has authority to set pay 
administratively for advisory committee staff, it may establish 
appropriate rates of pay (including any applicable locality pay 
authorized by the President's Pay Agent under 5 U.S.C. 5304(h)), not to 
exceed the rate for level IV of the Executive Schedule under 5

[[Page 27]]

U.S.C. 5315, unless a higher rate expressly is allowed by another 
statute. However, the agency head personally must authorize a rate of 
basic pay in excess of the maximum rate of basic pay established for the 
General Schedule under 5 U.S.C. 5332, or alternative similar agency 
compensation system. This maximum rate includes any applicable locality 
payment under 5 U.S.C. 5304. The agency must pay advisory committee 
staff on an hourly rate basis. The agency may provide additional 
compensation, such as bonuses or premium pay, so long as aggregate 
compensation paid in a calendar year does not exceed the rate for level 
IV of the Executive Schedule, with appropriate proration for a partial 
calendar year.
    (f) Other compensation considerations. In establishing rates of pay 
for advisory committee members and staff, the agency must comply with 
any applicable statutes, Executive orders, regulations, or 
administrative guidelines. In determining an appropriate rate of basic 
pay for advisory committee members and staff, an agency must give 
consideration to the significance, scope, and technical complexity of 
the matters with which the advisory committee is concerned, and the 
qualifications required for the work involved. The agency also should 
take into account the rates of pay applicable to Federal employees who 
have duties that are similar in terms of difficulty and responsibility. 
An agency may establish rates of pay for advisory committee staff based 
on the pay these persons would receive if they were covered by the 
General Schedule in 5 U.S.C. Chapter 51 and Chapter 53, subchapter III, 
or by an alternative similar agency compensation system.
    (g) Compensation of experts and consultants. Whether or not an 
agency has other authority to appoint and compensate advisory committee 
members or staff, it also may employ experts and consultants under 5 
U.S.C. 3109 to perform work for an advisory committee. Compensation of 
experts and consultants may not exceed the maximum rate of basic pay 
established for the General Schedule under 5 U.S.C. 5332 (that is, the 
GS-15, step 10 rate, excluding locality pay or any other supplement), 
unless a higher rate expressly is allowed by another statute. The 
appointment and compensation of experts and consultants by an agency 
must be in conformance with applicable regulations issued by the U. S. 
Office of Personnel Management (OPM) (See 5 CFR part 304.).
    (h) Federal employees assigned to an advisory committee. Any 
advisory committee member or staff person who is a Federal employee when 
assigned duties to an advisory committee remains covered during the 
assignment by the compensation system that currently applies to that 
employee, unless that person's current Federal appointment is 
terminated. Any staff person who is a Federal employee must serve with 
the knowledge of the Designated Federal Officer (DFO) for the advisory 
committee to which that person is assigned duties, and the approval of 
the employee's direct supervisor.
    (i) Other appointment considerations. An individual who is appointed 
as an advisory committee member or staff person immediately following 
termination of another Federal appointment with a full-time work 
schedule may receive compensation at the rate applicable to the former 
appointment, if otherwise allowed by applicable law (without regard to 
the limitations on pay established in paragraphs (d) and (e) of this 
section). Any advisory committee staff person who is not a current 
Federal employee serving under an assignment must be appointed in 
accordance with applicable agency procedures, and in consultation with 
the DFO and the members of the advisory committee involved.
    (j) Gratuitous services. In the absence of any special limitations 
applicable to a specific agency, nothing in this subpart prevents an 
agency from accepting the gratuitous services of an advisory committee 
member or staff person who is not a Federal employee, or expert or 
consultant, who agrees in advance and in writing to serve without 
compensation.
    (k) Travel expenses. Advisory committee members and staff, while 
engaged in the performance of their duties away from their homes or 
regular

[[Page 28]]

places of business, may be allowed reimbursement for travel expenses, 
including per diem in lieu of subsistence, as authorized by 5 U.S.C. 
5703, for persons employed intermittently in the Government service.
    (l) Services for advisory committee members with disabilities. While 
performing advisory committee duties, an advisory committee member with 
disabilities may be provided services by a personal assistant for 
employees with disabilities, if the member qualifies as an individual 
with disabilities as provided in section 501 of the Rehabilitation Act 
of 1973, as amended, 29 U.S.C. 791, and does not otherwise qualify for 
assistance under 5 U.S.C. 3102 by reason of being a Federal employee.

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

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

[[Page 29]]



                                                                 Appendix A to Subpart C
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Key points and principles                        Section                                 Question(s)                            Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. FACA does not specify the      102-3.105, 102-3.130(a).....................  1. Does the appointment of an          A. No. Each agency head may
 manner in which advisory                                                        advisory committee member              specify those policies and
 committee members and staff                                                     necessarily result in a lengthy        procedures, consistent with the
 must be appointed.                                                              process?                               Act and this part, or other
                                                                                                                        specific authorizing statute,
                                                                                                                        governing the appointment of
                                                                                                                        advisory committee members and
                                                                                                                        staff.
                                                                                                                       B. Some factors that affect how
                                                                                                                        long the appointment process
                                                                                                                        takes include: (i) Solicitation
                                                                                                                        of nominations; (ii) Conflict of
                                                                                                                        interest clearances; (iii)
                                                                                                                        Security or background
                                                                                                                        evaluations; (iv) Availability
                                                                                                                        of candidates; and (v) Other
                                                                                                                        statutory or administrative
                                                                                                                        requirements.
                                                                                                                       C. In addition, the extent to
                                                                                                                        which agency heads have
                                                                                                                        delegated responsibility for
                                                                                                                        selecting members varies from
                                                                                                                        agency to agency and may become
                                                                                                                        an important factor in the time
                                                                                                                        it takes to finalize the
                                                                                                                        advisory committee's membership.
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. Agency heads retain the       102-3.130(a)................................  1. Can an agency head select for       A. The answer to question 1 is
 final authority for selecting                                                   membership on an advisory committee    yes. Organizations may propose
 advisory committee members,                                                     from among nominations submitted by    for membership individuals to
 unless otherwise provided for                                                   an organization?                       represent them on an advisory
 by a specific statute or                                                                                               committee. However, the agency
 Presidential directive.                                                                                                head establishing the advisory
                                                                                                                        committee, or other appointing
                                                                                                                        authority, retains the final
                                                                                                                        authority for selecting all
                                                                                                                        members.
                                                                                2. If so, can different persons        B. The answer to question 2 also
                                                                                 represent the organization at          is yes. Alternates may represent
                                                                                 different meetings?                    an appointed member with the
                                                                                                                        approval of the establishing
                                                                                                                        agency, where the agency head is
                                                                                                                        the appointing authority.
III. An agency may compensate     102-3.130(d), 102-3.130(e), 102-3.130(g)....  1. May members and staff be            A. The answer to question 1 is
 advisory committee members and                                                  compensated for their service or       yes. (i) However, FACA limits
 staff, and also employ experts                                                  duties on an advisory committee?       compensation for advisory
 and consultants.                                                               2. Are the guidelines the same for      committee members and staff to
                                                                                 compensating both members and staff?   the rate for level IV of the
                                                                                3. May experts and consultants be       Executive Schedule, unless
                                                                                 employed to perform other advisory     higher rates expressly are
                                                                                 committee work?                        allowed by other statutes. (ii)
                                                                                                                        Although FACA provides for
                                                                                                                        compensation guidelines, the Act
                                                                                                                        does not require an agency to
                                                                                                                        compensate its advisory
                                                                                                                        committee members.

[[Page 30]]

 
                                                                                                                       B. The answer to question 2 is
                                                                                                                        no. The guidelines for
                                                                                                                        compensating members and staff
                                                                                                                        are similar, but not identical.
                                                                                                                        For example, the differences are
                                                                                                                        that: (i) An agency ``may'' pay
                                                                                                                        members on either an hourly or a
                                                                                                                        daily rate basis, and ``may
                                                                                                                        not'' provide additional
                                                                                                                        compensation in any form, such
                                                                                                                        as bonuses or premium pay; while
                                                                                                                        (ii) An agency ``must'' pay
                                                                                                                        staff on an hourly rate basis
                                                                                                                        only, and ``may'' provide
                                                                                                                        additional compensation, so long
                                                                                                                        as aggregate compensation paid
                                                                                                                        in a calendar year does not
                                                                                                                        exceed the rate for level IV of
                                                                                                                        the Executive Schedule, with
                                                                                                                        appropriate proration for a
                                                                                                                        partial calendar year.
                                                                                                                       C. The answer to question 3 is
                                                                                                                        yes. Other work not part of the
                                                                                                                        duties of advisory committee
                                                                                                                        members or staff may be
                                                                                                                        performed by experts and
                                                                                                                        consultants. For additional
                                                                                                                        guidance on the employment of
                                                                                                                        experts and consultants,
                                                                                                                        agencies should consult the
                                                                                                                        applicable regulations issued by
                                                                                                                        the U. S. Office of Personnel
                                                                                                                        Management (OPM). (See 5 CFR
                                                                                                                        part 304.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
IV. Agency heads are responsible  102-3.105(h)................................  1. Are all advisory committee members  A. The answer to question 1 is
 for ensuring that the interests                                                 subject to conflict of interest        no. Whether an advisory
 and affiliations of advisory                                                    statutes and other Federal ethics      committee member is subject to
 committee members are reviewed                                                  rules?                                 Federal ethics rules is
 for conformance with applicable                                                2. Who should be consulted for          dependent on the member's
 conflict of interest statutes                                                   guidance on the proper application     status. The determination of a
 and other Federal ethics rules..                                                of Federal ethics rules to advisory    member's status on an advisory
                                                                                 committee members?                     committee is largely a personnel
                                                                                                                        classification matter for the
                                                                                                                        appointing agency. Most advisory
                                                                                                                        committee members will serve
                                                                                                                        either as a ``representative''
                                                                                                                        or a ``special Government
                                                                                                                        employee'' (SGE), based on the
                                                                                                                        role the member will play. In
                                                                                                                        general, SGEs are covered by
                                                                                                                        regulations issued by the U. S.
                                                                                                                        Office of Government Ethics
                                                                                                                        (OGE) and certain conflict of
                                                                                                                        interest statutes,while
                                                                                                                        representatives are not subject
                                                                                                                        to these ethics requirements.
                                                                                                                       B. The answer to question 2 is
                                                                                                                        the agency's Designated Agency
                                                                                                                        Ethics Official (DAEO), who
                                                                                                                        should be consulted prior to
                                                                                                                        appointing members to an
                                                                                                                        advisory committee in order to
                                                                                                                        apply Federal ethics rules
                                                                                                                        properly.
--------------------------------------------------------------------------------------------------------------------------------------------------------
V. An agency head may delegate    102-3.105(c), 102-3.105(i)..................  1. Must an agency's CMO and each       A. The answer to question 1 is
 responsibility for appointing a                                                 advisory committee DFO be appointed    no. The agency head may delegate
 Committee Management Officer                                                    by the agency head?                    responsibility for appointing
 (CMO) or Designated Federal                                                                                            the CMO and DFOs. However, these
 Officer (DFO); however, there                                                                                          appointments, including
 may be only one CMO for each                                                                                           alternate selections, should be
 agency..                                                                                                               documented consistent with the
                                                                                                                        agency's policies and
                                                                                                                        procedures.

[[Page 31]]

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


[[Page 32]]



   Subpart D--Advisory Committee Meeting and Recordkeeping Procedures



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

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



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

    The agency head, or the chairperson of an independent Presidential 
advisory committee, must ensure that:
    (a) Each advisory committee meeting is held at a reasonable time and 
in a manner or place reasonably accessible to the public, to include 
facilities that are readily accessible to and usable by persons with 
disabilities, consistent with the goals of section 504 of the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;
    (b) The meeting room or other forum selected is sufficient to 
accommodate advisory committee members, advisory committee or agency 
staff, and a reasonable number of interested members of the public;
    (c) Any member of the public is permitted to file a written 
statement with the advisory committee;
    (d) Any member of the public may speak to or otherwise address the 
advisory committee if the agency's guidelines so permit; and
    (e) Any advisory committee meeting conducted in whole or part by a 
teleconference, videoconference, the Internet, or other electronic 
medium meets the requirements of this subpart.



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

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



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

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



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

    To close all or part of an advisory committee meeting, the 
Designated Federal Officer (DFO) must:
    (a) Obtain prior approval. Submit a request to the agency head, or 
in the case of an independent Presidential advisory committee, the 
Secretariat, citing the specific exemption(s) of the Government in the 
Sunshine Act, 5 U.S.C. 552b(c), that justify the closure. The request 
must provide the agency head or the Secretariat sufficient time 
(generally, 30 calendar days) to review the matter in order to make a 
determination before publication of the meeting notice required by 
Sec. 102-3.150.

[[Page 33]]

    (b) Seek General Counsel review. The General Counsel of the agency 
or, in the case of an independent Presidential advisory committee, the 
General Counsel of GSA should review all requests to close meetings.
    (c) Obtain agency determination. If the agency head, or in the case 
of an independent Presidential advisory committee, the Secretariat, 
finds that the request is consistent with the provisions in the 
Government in the Sunshine Act and FACA, the appropriate agency official 
must issue a determination that all or part of the meeting be closed.
    (d) Assure public access to determination. The agency head or the 
chairperson of an independent Presidential advisory committee must make 
a copy of the determination available to the public upon request.



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

    The following activities of an advisory committee are excluded from 
the procedural requirements contained in this subpart:
    (a) Preparatory work. Meetings of two or more advisory committee or 
subcommittee members convened solely to gather information, conduct 
research, or analyze relevant issues and facts in preparation for a 
meeting of the advisory committee, or to draft position papers for 
deliberation by the advisory committee; and
    (b) Administrative work. Meetings of two or more advisory committee 
or subcommittee members convened solely to discuss administrative 
matters of the advisory committee or to receive administrative 
information from a Federal officer or agency.



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

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



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

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



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

    (a) Presidential advisory committee follow-up report. Within one 
year after a Presidential advisory committee has

[[Page 34]]

submitted a public report to the President, a follow-up report required 
by section 6(b) of the Act must be prepared and transmitted to the 
Congress detailing the disposition of the advisory committee's 
recommendations. The Secretariat shall assure that these reports are 
prepared and transmitted to the Congress as directed by the President, 
either by the President's delegate, by the agency responsible for 
providing support to a Presidential advisory committee, or by the 
responsible agency or organization designated in the charter of the 
Presidential advisory committee pursuant to Sec. 102-3.75(a)(10). In 
performing this function, GSA may solicit the assistance of the 
President's delegate, the Office of Management and Budget (OMB), or the 
responsible agency Committee Management Officer (CMO), as appropriate. 
Reports shall be consistent with specific guidance provided periodically 
by the Secretariat.
    (b) Annual comprehensive review of Federal advisory committees. To 
conduct an annual comprehensive review of each advisory committee as 
specified in section 7(b) of the Act, GSA requires Federal agencies to 
report information on each advisory committee for which a charter has 
been filed in accordance with Sec. 102-3.70, and which is in existence 
during any part of a Federal fiscal year. Committee Management Officers 
(CMOs), Designated Federal Officers (DFOs), and other responsible agency 
officials will provide this information by data filed electronically 
with GSA on a fiscal year basis, using a Governmentwide shared Internet-
based system that GSA maintains. This information shall be consistent 
with specific guidance provided periodically by the Secretariat. The 
preparation of these electronic submissions by agencies has been 
assigned interagency report control number (IRCN) 0304-GSA-AN.
    (c) Annual report of closed or partially-closed meetings. In 
accordance with section 10(d) of the Act, advisory committees holding 
closed or partially-closed meetings must issue reports at least 
annually, setting forth a summary of activities and such related matters 
as would be informative to the public consistent with the policy of 5 
U.S.C. 552(b).
    (d) Advisory committee reports. Subject to 5 U.S.C. 552, 8 copies of 
each report made by an advisory committee, including any report of 
closed or partially-closed meetings as specified in paragraph (c) of 
this section and, where appropriate, background papers prepared by 
experts or consultants, must be filed with the Library of Congress as 
required by section 13 of the Act for public inspection and use at the 
location specified Sec. 102-3.70(a)(3).
    (e) Advisory committee records. Official records generated by or for 
an advisory committee must be retained for the duration of the advisory 
committee. Upon termination of the advisory committee, the records must 
be processed in accordance with the Federal Records Act (FRA), 44 U.S.C. 
Chapters 21, 29-33, and regulations issued by the National Archives and 
Records Administration (NARA) (see 36 CFR parts 1220, 1222, 1228, and 
1234), or in accordance with the Presidential Records Act (PRA), 44 
U.S.C. Chapter 22.

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

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

[[Page 35]]



                                                                 Appendix A to Subpart D
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Key points and principles                      Section(s)                                Question(s)                            Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. With some exceptions,          102-3.140, 102-3.145(a), 102-3.155..........  1. Must all advisory committee and     A. No. Advisory committee
 advisory committee meetings are                                                 subcommittee meetings be open to the   meetings may be closed when
 open to the public.                                                             public?                                appropriate, in accordance with
                                                                                                                        the exemption(s) for closure
                                                                                                                        contained in the Government in
                                                                                                                        the Sunshine Act, 5 U.S.C.
                                                                                                                        552b(c). (i) Subcommittees that
                                                                                                                        report to a parent advisory
                                                                                                                        committee, and not directly to a
                                                                                                                        Federal officer or agency, are
                                                                                                                        not required to open their
                                                                                                                        meetings to the public or comply
                                                                                                                        with the procedures in the Act
                                                                                                                        for announcing meetings. (ii)
                                                                                                                        However, agencies are cautioned
                                                                                                                        to avoid excluding the public
                                                                                                                        from attending any meeting where
                                                                                                                        a subcommittee develops advice
                                                                                                                        or recommendations that are not
                                                                                                                        expected to be reviewed and
                                                                                                                        considered by the parent
                                                                                                                        advisory committee before being
                                                                                                                        submitted to a Federal officer
                                                                                                                        or agency. These exclusions may
                                                                                                                        run counter to the provisions of
                                                                                                                        the Act requiring
                                                                                                                        contemporaneous access to the
                                                                                                                        advisory committee deliberative
                                                                                                                        process.
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. Notices must be published in  102-3.150...................................  1. Can agencies publish a single       A. Yes, agencies may publish a
 the Federal Register announcing                                                 Federal Register notice announcing     single notice announcing
 advisory committee meetings.                                                    multiple advisory committee            multiple meetings so long as
                                                                                 meetings?                              these notices contain all of the
                                                                                                                        information required by Sec.
                                                                                                                        102-3.150. (i) ``Blanket
                                                                                                                        notices'' should not announce
                                                                                                                        meetings so far in advance as to
                                                                                                                        prevent the public from
                                                                                                                        adequately being informed of an
                                                                                                                        advisory committee's schedule.
                                                                                                                        (ii) An agency's Office of
                                                                                                                        General Counsel should be
                                                                                                                        consulted where these notices
                                                                                                                        include meetings that are either
                                                                                                                        closed or partially closed to
                                                                                                                        the public.
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. Although certain advisory    102-3.170...................................  1. May an agency require the use of    A. No. Section 10(b) of FACA
 committee records may be                                                        its internal FOIA procedures for       provides that: Subject to
 withheld under the Freedom of                                                   access to advisory committee records   section 552 of title 5, United
 Information Act (FOIA), as                                                      that are not exempt from release       States Code, the records,
 amended, 5 U.S.C. 552, agencies                                                 under FOIA?                            reports, transcripts, minutes,
 may not require the use of FOIA                                                                                        appendixes, working papers,
 procedures for records                                                                                                 drafts, studies, agenda, or
 available under section 10(b)                                                                                          other documents which were made
 of FACA.                                                                                                               available to or prepared for or
                                                                                                                        by each advisory committee shall
                                                                                                                        be available for public
                                                                                                                        inspection and copying at a
                                                                                                                        single location in the offices
                                                                                                                        of the advisory committee or the
                                                                                                                        agency to which the advisory
                                                                                                                        committee reports until the
                                                                                                                        advisory committee ceases to
                                                                                                                        exist.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 36]]

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

[[Page 37]]

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


[[Page 38]]



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



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

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



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

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

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

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

[[Page 39]]



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


[[Page 40]]

 PART 102-4--NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS 
                               [RESERVED]



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




                           Subpart A--General

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

           Subpart B--Authorizing Home-to-Work Transportation

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

           Subpart C--Documenting and Reporting Determinations

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

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); 31 U.S.C. 
1344(e)(1).

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



                           Subpart A--General



Sec. 102-5.5  Preamble.

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



Sec. 102-5.10  What does this part cover?

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



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

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



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

    This part does not cover:
    (a) Employees who are on official travel (TDY); or
    (b) Employees who are on permanent change of station (PCS) travel; 
or
    (c) Employees who are essential for the safe and efficient 
performance of

[[Page 41]]

intelligence, counterintelligence, protective services, or criminal law 
enforcement duties when designated in writing as such by their agency 
head.



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

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



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

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

[[Page 42]]



           Subpart B--Authorizing Home-to-Work Transportation



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

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



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

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



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

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



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

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

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



Sec. 102-5.55  How do we prepare determinations?

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



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

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



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

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



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

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

[[Page 43]]



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

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

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



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

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

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



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

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

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



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

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



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

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



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

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



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

    Yes, an employee authorized home-to-work transportation may share 
space in a Government passenger carrier with other individuals, provided 
that the passenger carrier does not travel additional distances as a 
result and such sharing is consistent with his/her Federal agency's 
policy. When a Federal agency establishes its space

[[Page 44]]

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



           Subpart C--Documenting and Reporting Determinations



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

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



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

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



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

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

                     PARTS 102-6--102-30 [RESERVED]

[[Page 45]]



                     SUBCHAPTER B--PERSONAL PROPERTY



                     PART 102-31--GENERAL [RESERVED]

         PART 102-32--MANAGEMENT OF PERSONAL PROPERTY [RESERVED]

             PART 102-33--MANAGEMENT OF AIRCRAFT [RESERVED]



PART 102-34--MOTOR VEHICLE MANAGEMENT--Table of Contents




Sec.
102-34.5  Preamble.
102-34.10  What definitions apply to motor vehicle management?
102-34.15  What motor vehicles are not covered by this part?
102-34.20  What types of motor vehicle fleets are there?
102-34.25  What sources of supply are available for obtaining motor 
          vehicles?

           Subpart A--Obtaining Fuel Efficient Motor Vehicles

102-34.30  Who must comply with motor vehicle fuel efficiency 
          requirements?
102-34.35  What are the procedures for purchasing and leasing motor 
          vehicles?
102-34.40  How are passenger automobiles classified?
102-34.45  What size motor vehicles may we purchase and lease?
102-34.50  What are fleet average fuel economy standards?
102-34.55  What are the minimum fleet average fuel economy standards?
102-34.60  How do we calculate the average fuel economy for our fleet?
102-34.65  How may we request an exemption from the fuel economy 
          standards?
102-34.70  How does GSA monitor the fuel economy of purchased and leased 
          motor vehicles?
102-34.75  How must we report fuel economy data for passenger 
          automobiles and light trucks we purchase or commercially 
          lease?
102-34.80  Do we report fuel economy data for passenger automobiles and 
          light trucks purchased for our agency by the GSA Automotive 
          Division?
102.-34.85  Do we have to submit a negative report if we don't purchase 
          or lease any motor vehicles in a fiscal year?
102-34.90  Are any motor vehicles exempted from these reporting 
          requirements?
102-34.95  Does fleet average fuel economy reporting affect our 
          acquisition plan?
102-34.100  Where may we obtain help with our motor vehicle acquisition 
          plan?

          Subpart B--Identifying and Registering Motor Vehicles

                      Motor Vehicle Identification

102-34.105  What motor vehicles require motor vehicle identification?
102-34.110  What motor vehicle identification must we put on motor 
          vehicles we purchase or lease?
102-34.115  What motor vehicle identification must the Department of 
          Defense (DOD) put on motor vehicles it purchases or leases?
102-34.120   Where is motor vehicle identification placed on purchased 
          and leased motor vehicles?
102-34.125  Before we sell a motor vehicle, what motor vehicle 
          identification or markings must we remove?

                             License Plates

102-34.130  Must our motor vehicles use Government license plates?
102-34.135  Do we need to register motor vehicles owned or leased by the 
          Government?
102-34.140  Where may we obtain U.S. Government license plates?
102-34.145  How do we display license plates on motor vehicles?
102-34.150  What do we do about a lost or stolen license plate?
102-34.155  What records do we need to keep on U.S. Government license 
          plates?
102-34.160  How are U.S. Government license plates coded and numbered?
102-34.165  How can we get a new license plate code designation?
102-34.170  Are there special licensing procedures for motor vehicles 
          operating in the District of Columbia (DC)?

                        Identification Exemptions

102-34.175  What types of exemptions are there?
102-34.180  May we have a limited exemption from displaying U.S. 
          Government license plates and other motor vehicle 
          identification?
102-34.185  What information must the certification contain?
102-34.190  For how long is a limited exemption valid?
102-34.195  What agencies have an unlimited exemption from displaying 
          U.S. Government license plates and motor vehicle 
          identification?

[[Page 46]]

102-34.200  What agencies have a special exemption from displaying U.S. 
          Government license plates and motor vehicle identification?
102-34.205  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?
102-34.210  What special requirements apply to exempted motor vehicles 
          operating in the District of Columbia?
102-34.215  Can GSA ask for a listing of exempted motor vehicles?

          Subpart C--Official Use of Government Motor Vehicles

102-34.220  What is official use of a motor vehicle owned or leased by 
          the Government?
102-34.225  May I use a motor vehicle owned or leased by the Government 
          for transportation between my residence and place of 
          employment?
102-34.230  May Government contractors use motor vehicles owned or 
          leased by the Government?
102-34.235  What does GSA do if it learns of unofficial use of a motor 
          vehicle owned or leased by the Government?
102-34.240  How are Federal employees disciplined for misuse of motor 
          vehicles owned or leased by the Government?
102-34.245  How am I responsible for protecting motor vehicles?
102-34.250  Am I bound by State and local traffic laws?
102-34.255  Who pays for parking fees and fines?
102-34.260  Do Federal employees in motor vehicles owned or leased by 
          the Government have to use safety belts?

                Subpart D--Replacement of Motor Vehicles

102-34.265  What are motor vehicle replacement standards?
102-34.270  May we replace a Government-owned motor vehicle sooner?
102-34.275  May we keep a Government-owned motor vehicle even though the 
          standard permits replacement?
102-34.280  How long must we keep a Government-owned motor vehicle?

           Subpart E--Scheduled Maintenance of Motor Vehicles

102-34.285  What kind of maintenance programs must we have?
102-34.290  Must our motor vehicles pass State inspections?
102-34.295  Where can we obtain help in setting up a maintenance 
          program?

               Subpart F--Motor Vehicle Accident Reporting

102-34.300  What forms do I use to report an accident involving a motor 
          vehicle owned or leased by the Government?
102-34.305  To whom do we send accident reports?

                  Subpart G--Disposal of Motor Vehicles

102-34.310  How do we dispose of a motor vehicle in any State, 
          Commonwealth, territory or possession of the United States, or 
          the District of Columbia?
102-34.315  What forms do we use to transfer ownership when selling a 
          motor vehicle?
102-34.320  How do we distribute the completed Standard Form 97?

                    Subpart H--Motor Vehicle Fueling

102-34.325  How do we obtain fuel for motor vehicles?
102-34.330  What Government-issued charge cards may I use to purchase 
          fuel and motor vehicle related services?
102-34.335  What type of fuel do I use in motor vehicles?
102-34.340  Do I have to use self-service fuel pumps?

              Subpart I--Federal Motor Vehicle Fleet Report

102-34.345  What is the Federal Motor Vehicle Fleet Report?
102-34.350  What records do we need to keep?
102-34.355  When and how do we report motor vehicle data?

                            Subpart J--Forms

102-34.360  How do we obtain the forms prescribed in this part?

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

    Source: 64 FR 59593, Nov. 2, 1999, unless otherwise noted.



Sec. 102-34.5  Preamble.

    (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.
    (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.

[[Page 47]]

    (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.



Sec. 102-34.10  What definitions apply to motor vehicle management?

    The following definitions apply to motor vehicle management:
    Commercial design motor vehicle means a motor vehicle procurable 
from regular production lines and designed for use by the general 
public.
    Domestic fleet (see Sec. 102-34.20(a)).
    Foreign fleet (see Sec. 102-34.20(b)).
    GSA Fleet lease (see Sec. 102-34.25(d)).
    Large fleet (see Sec. 102-34.20(d)).
    Law enforcement motor vehicle 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:
    (1) A passenger automobile having heavy duty components for 
electrical, cooling and suspension systems and at least the next higher 
cubic inch displacement or more powerful engine than is standard for the 
automobile concerned.
    (2) A light truck having emergency warning lights and identified 
with markings such as ``police.''
    (3) An unmarked motor vehicle certified by the agency head as 
essential for the safe and efficient performance of intelligence, 
counterintelligence, protective, or other law enforcement duties.
    (4) A motor vehicle seized by a Federal agency that is subsequently 
used for the purpose of performing law enforcement activities.
    Light duty motor vehicle means any motor vehicle with a gross motor 
vehicle weight rating (GVWR) of 8,500 pounds or less.
    Light truck means a motor vehicle on a truck chassis with a gross 
motor vehicle weight rating (GVWR) of 8,500 pounds or less.
    Military design motor vehicle means a motor vehicle (excluding 
general-purpose motor vehicles) designed according to military 
specifications to support directly combat or tactical operations or 
training for such operations.
    Motor vehicle means any vehicle, self-propelled or drawn by 
mechanical power, designed and operated principally for highway 
transportation of property or passengers, but does not include a 
military design motor vehicle or vehicles not covered by this part (see 
Sec. 102-34.15).
    Motor vehicle identification (also referred to as ``motor vehicle 
markings'') means the legends ``For Official Use Only'' and ``U.S. 
Government'' placed on a motor vehicle plus other legends 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.
    Motor vehicle lease (see Sec. 102-34.25(b)).
    Motor vehicle markings (see ``Motor vehicle identification'' in this 
section).
    Motor vehicle purchase (see Sec. 102-34.25(a)).
    Motor vehicle rental (see Sec. 102-34.25(c)).
    Motor vehicles transferred from excess (see Sec. 102-34.25(e)).
    Owning agency 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.
    Passenger automobile means a sedan or station wagon designed 
primarily to transport people.
    Reportable motor vehicles are vehicles which are reported to GSA as 
outlined in Subpart I of this part:
    (1) Included are sedans, station wagons, buses, ambulances, vans, 
utility motor vehicles, trucks and truck tractors, regardless of fuel 
type.
    (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.
    Small fleet (see Sec. 102-34.20(c)).

[[Page 48]]

    Using agency 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.



Sec. 102-34.15  What motor vehicles are not covered by this part?

    Motor vehicles not covered are:
    (a) Designed or used for military field training, combat, or 
tactical purposes;
    (b) Used principally within the confines of a regularly established 
military post, camp, or depot; or
    (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.



Sec. 102-34.20  What types of motor vehicle fleets are there?

    The types of motor vehicle fleets are:
    (a) Domestic fleet means all reportable agency-owned motor vehicles 
operated in any State, Commonwealth, territory or possession of the 
United States, and the District of Columbia.
    (b) Foreign fleet 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.
    (c) Small fleet means a fleet of fewer than 2,000 reportable agency-
owned motor vehicles, worldwide.
    (d) Large fleet means a fleet of 2,000 or more reportable agency-
owned motor vehicles, worldwide.



Sec. 102-34.25  What sources of supply are available for obtaining motor vehicles?

    The following sources of supply are available:
    (a) Motor vehicle purchase means buying a motor vehicle from a 
commercial source, usually a motor vehicle manufacturer or a motor 
vehicle manufacturer's dealership.
    (b) Motor vehicle lease means obtaining a motor vehicle by contract 
or other arrangement from a commercial source for 60 continuous days or 
more.
    (c) Motor vehicle rental means obtaining a motor vehicle by contract 
or other arrangement from a commercial source for less than 60 
continuous days.
    (d) GSA Fleet lease 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.
    (e) Motor vehicles transferred from excess means obtaining a motor 
vehicle reported as excess and transferred with or without cost.



           Subpart A--Obtaining Fuel Efficient Motor Vehicles



Sec. 102-34.30  Who must comply with motor vehicle fuel efficiency requirements?

    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.



Sec. 102-34.35  What are the procedures for purchasing and leasing motor vehicles?

    Procedures for purchasing and leasing motor vehicles can be found in 
subpart 101-26.5 of this title.



Sec. 102-34.40  How are passenger automobiles classified?

    Passenger automobiles are classified in the following table:

------------------------------------------------------------------------
                                     Station wagon
            Sedan class                  class        Descriptive name
------------------------------------------------------------------------
I.................................  I               Subcompact.
II................................  II              Compact.

[[Page 49]]

 
III...............................  III             Midsize
IV................................  IV              Large.
V.................................  ..............  Limousine.
------------------------------------------------------------------------



Sec. 102-34.45  What size motor vehicles may we purchase and lease?

    (a) You must select motor vehicles to achieve maximum fuel 
efficiency.
    (b) Limit motor vehicle body size, engine size and optional 
equipment to what is essential to meet your agency's mission.
    (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.
    (d) Purchase and lease large (class IV) sedans only when such motor 
vehicles are essential to your agency's mission.



Sec. 102-34.50  What are fleet average fuel economy standards?

    (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:
    (1) Average fuel economy standard for all passenger automobiles.
    (2) Average fuel economy standard for light trucks.
    (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.



Sec. 102-34.55  What are the minimum fleet average fuel economy standards?

    The minimum fleet average fuel economy standards appear in the 
following table:

                Fleet Average Fuel Economy Standards \a\
------------------------------------------------------------------------
                                                 Passsenger      Light
                 Fiscal year                   automobile \1\  truck \2\
------------------------------------------------------------------------
1995.........................................          27.5     20.6 \3\
1996.........................................          27.5     20.7 \3\
1997.........................................          27.5     20.7 \3\
1998.........................................          27.5     20.7 \3\
1999.........................................          27.5     20.7 \3\
2000 & beyond................................          27.5        (\4\)
------------------------------------------------------------------------
\a\ These figures represent miles/gallon.
\1\ Established by section 49 U.S.C. 32902 and the Secretary of
  Transportation.
\2\ Fleet average fuel economy standard set by the Secretary of
  Transportation and mandated by Executive Order 12375 beginning in
  fiscal year 1982.
\3\ Fleet average fuel economy for light trucks is the combined fleet
  average fuel economy for all 4 x 2 and 4 x 4 light trucks.
\4\ Requirements not yet set by the Secretary of Transportation.



Sec. 102-34.60  How do we calculate the average fuel economy for our fleet?

    (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.
    (b) An example follows:

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

[[Page 50]]

[GRAPHIC] [TIFF OMITTED] TR02NO99.009

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



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

    (a) You must submit your reasons for the exemption in a written 
request to the: Administrator of General Services, ATTN: MTV, 
Washington, DC 20405.
    (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.



Sec. 102-34.70  How does GSA monitor the fuel economy of purchased and leased motor vehicles?

    (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.
    (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.



Sec. 102-34.75  How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?

    (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: 
vehicle.policy@gsa.gov.
    (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.
    (c) Your submission to GSA must include:
    (1) Number of passenger automobiles and light trucks, by category.
    (2) Year.
    (3) Make.
    (4) Model.
    (5) Transmission type (if manual, number of forward speeds).
    (6) Cubic inch displacement of engine.
    (7) Fuel type (i.e., gasoline, diesel, or type of alternative fuel).
    (8) Monthly lease cost, if applicable.

    Note to Sec. 102-34.75: 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

[[Page 51]]

average fuel economy standards (see Sec. 102-34.50(b) and Sec. 102-
34.65).



Sec. 102-34.80  Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?

    No. The GSA Automotive Division provides information for passenger 
automobiles and light trucks it purchases for agencies.



Sec. 102-34.85  Do we have to submit a negative report if we don't purchase or lease any motor vehicles in a fiscal year?

    Yes, you must submit a negative report if you don't purchase or 
lease any motor vehicles in a fiscal year.



Sec. 102-34.90  Are any motor vehicles exempted from these reporting requirements?

    Yes. You do not need to report passenger automobiles and light 
trucks that are:
    (a) Purchased or leased for use outside any State, Commonwealth, 
territory or possession of the United States, or the District of 
Columbia.
    (b) Designed to perform combat-related missions for the U.S. Armed 
Forces.
    (c) Designed for use in law enforcement or emergency rescue work.



Sec. 102-34.95  Does fleet average fuel economy reporting affect our acquisition plan?

    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.



Sec. 102-34.100  Where may we obtain help with our motor vehicle acquisition plans?

    For help with your motor vehicle acquisition plan, contact the: 
General Services Administration, Attn: MTV, Washington, DC 20405. Email: 
vehicle.policy@gsa.gov



          Subpart B--Identifying and Registering Motor Vehicles

                      Motor Vehicle Identification



Sec. 102-34.105  What motor vehicles require motor vehicle identification?

    All motor vehicles owned or leased by the Government must display 
motor vehicle identification unless exempted under Sec. 102-34.180, 
Sec. 102-34.195, or Sec. 102-34.200.



Sec. 102-34.110  What motor vehicle identification must we put on motor vehicles we purchase or lease?

    (a) For motor vehicles with rear windows, display:
    (1) ``For Official Use Only,'' in letters \1/2\ to \3/4\ inch high.
    (2) ``U.S. Government'' in letters \3/4\ to 1 inch high; and
    (3) The full name of the department, agency, establishment, 
corporation, or service owning or leasing the motor vehicle (in letters 
1 to 1\1/2\ 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).
    (b) For other than motor vehicle rear windows, display the motor 
vehicle identification in paragraphs (a)(1) through (3) of this section, 
but:
    (1) Use letters 1 to 1\1/2\ inches high in colors contrasting to the 
motor vehicle.
    (2) If you use subsidiary words or titles of subordinate units, use 
letters \1/2\ inch to \3/4\ inch high.
    (c) The preferred material is a decal of elastomeric pigmented film 
type for ease of application and removal.

    Note to Sec. 102-34.110: Each agency or activity is responsible for 
acquiring its own decals. Replace this motor vehicle identification when 
necessary due to damage or wear.



Sec. 102-34.115  What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?

    The following must appear on DOD purchased or leased motor vehicles:
    (a) ``For Official Use Only;''
    (b) An appropriate title for the DOD component; and

[[Page 52]]

    (c) The DOD code and registration number assigned by the DOD 
component accountable for the motor vehicle.



Sec. 102-34.120  Where is motor vehicle identification placed on purchased and leased motor vehicles?

    (a) On most motor vehicles. On the left side of the rear window, 
1\1/2\ inches or less from the bottom of the window.
    (b) On motor vehicles without rear windows or where identification 
on the rear window would not be easily seen. Centered on both front 
doors or in any appropriate position on each side of the motor vehicle.
    (c) On trailers. Centered on both sides of the front quarter of the 
trailer in a conspicuous location.



Sec. 102-34.125  Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?

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

                             License Plates



Sec. 102-34.130  Must our motor vehicles use Government license plates?

    Yes you must use Government license plates, with the exception of 
motor vehicles exempted under Sec. 102-34.180, Sec. 102-34.195, and 
Sec. 102-34.200.



Sec. 102-34.135  Do we need to register motor vehicles owned or leased by the Government?

    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 Sec. 102-34.180, Sec. 102-34.195, or Sec. 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.



Sec. 102-34.140  Where may we obtain U.S. Government license plates?

    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.

    Note to Sec. 102-34.140: You may, but are not required to obtain 
license plates from the District of Columbia, Department of Corrections.



Sec. 102-34.145  How do we display license plates on motor vehicles?

    (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.
    (b) You must display U.S. Government license plates on the motor 
vehicle to which the license plates were assigned.
    (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.
    (d) For motor vehicles owned or leased by DOD, follow DOD 
regulations.



Sec. 102-34.150  What do we do about a lost or stolen license plate?

    You should report the loss or theft of license plates as follows:
    (a) U.S. Government license plates. Tell your local security office 
(or equivalent) and local police.
    (b) District of Columbia or State license plates. Tell your local 
security office (or equivalent) and either the District of Columbia, 
Department of Transportation, or the State agency, as appropriate.



Sec. 102-34.155  What records do we need to keep on U.S. Government license plates?

    You must keep a central record of all U.S. Government license plates 
for 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:
    (a) The motor vehicle to which each set of plates is assigned.
    (b) The complete history of any reassigned plates.
    (c) A list of destroyed or voided license plate numbers.

[[Page 53]]



Sec. 102-34.160  How are U.S. Government license plates coded and numbered?

    U.S. Government license plates, except those issued by the District 
of Columbia, Department of Transportation, under Sec. 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:

Agriculture, Department of--A
Air Force, Department of the--AF
Army, Department of the--W
Commerce, Department of--C
Consumer Product Safety Commission--CPSC
Corps of Engineers, Civil Works--CE
Defense, Department of--D
Defense Commissary Agency--DECA
Defense Contract Audit Agency--DA
Defense Logistics Agency--DLA
District of Columbia Redevelopment Land Agency--LA
Energy, Department of--E
Enrichment Corporation, U.S--EC
Environmental Protection Agency--EPA
Executive Office of the President--EO Council of Economic Advisers, 
National Security Council, Office of Management and Budget--EO
Federal Communications Commission--FC
Federal Deposit Insurance Corporation--FD
Federal Emergency Management Agency--FE
Federal Mediation and Conciliation Service--FM
General Services Administration--GS
Government Printing Office--GP
GSA Fleet--G
Health and Human Services, Department of--HHS
Interior, Department of the--I
Judicial Branch of the Government--JB
Justice, Department of--J
Labor, Department of--L
Legislative Branch--LB
Marine Corps--MC
National Aeronautics and Space Administration--NA
National Capital Planning Commission--NP
National Guard Bureau--NG
National Labor Relations Board--NL
National Science Foundation--NS
Navy, Department of the--N
Nuclear Regulatory Commission--NRC
Office of Personnel Management--OPM
Panama Canal Commission--PC
Railroad Retirement Board--RR
Selective Service System--SS
Small Business Administration--SB
Smithsonian Institution, National Gallery of Art--SI
Soldiers' and Airmen's Home, U.S--SH
State, Department of--S
Tennessee Valley Authority--TV
Transportation, Department of--DOT
Treasury, Department of the--T
United States Information Agency--IA
United States Postal Service--P
Veterans Affairs, Department of--VA



Sec. 102-34.165  How can we get a new license plate code designation?

    To get a new license plate code designation, write to the: General 
Services Administration, Attn: MTV, Washington, DC 20405. Email: 
vehicle.policy@gsa.gov



Sec. 102-34.170  Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?

    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.
    (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.
    (b) Motor vehicles owned or leased by the Government and licensed in 
the District of Columbia may have the letter code designation prescribed 
in Sec. 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''.
    (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.
    (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

[[Page 54]]

issues an inspection verification sticker for each motor vehicle that 
passes inspection. Inspections and stickers are free.
    (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.

[64 FR 59593, Nov. 2, 1999; 64 FR 66967, Nov. 30, 2000]

                        Identification Exemptions



Sec. 102-34.175  What types of exemptions are there?

    (a) Limited exemption.
    (b) Unlimited exemption.
    (c) Special exemption.



Sec. 102-34.180  May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?

    Yes. The head of your agency or designee may authorize a limited 
exemption to the display of U.S. Government license plates and motor 
vehicle identification upon written certification. (See Sec. 102-
34.185.) 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.

    Note to Sec. 102-34.180: 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.



Sec. 102-34.185  What information must the certification contain?

    The certification must state either:
    (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
    (b) That identifying the motor vehicle would endanger the security 
of the vehicle occupants.



Sec. 102-34.190  For how long is a limited exemption valid?

    An exemption granted in accordance with Sec. 102-34.180 and 
Sec. 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.



Sec. 102-34.195  What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?

    The following Federal agencies, or activities within agencies, are 
granted an unlimited exemption based on ongoing mission requirements and 
do not need to certify:
    (a) Administrative Office of the United States Courts. All motor 
vehicles used by United States probation offices and pretrial services 
agencies of the judicial branch of the U.S. Government.
    (b) Department of Agriculture. 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.
    (c) Department of Commerce. 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.
    (d) Department of Defense. 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

[[Page 55]]

General; and the Defense Logistics Agency.
    (e) District of Columbia. Motor vehicles used by St. Elizabeth's 
Hospital in outpatient work where identifying the motor vehicles would 
be prejudicial to patients.
    (f) Department of Education. Motor vehicles used for investigative 
and law enforcement activities by the Office of the Inspector General.
    (g) Department of Energy. Motor vehicles used for investigative or 
security activities.
    (h) Environmental Protection Agency. Motor vehicles used for 
investigative and law enforcement activities by the Office of Inspector 
General and the Office of Enforcement and Compliance Assurance.
    (i) Federal Communications Commission. Motor vehicles used for 
investigative activities by the Field Operations Bureau.
    (j) General Services Administration. Motor vehicles used for 
investigative, surveillance, and security activities by special agents 
of the Federal Protective Service, and Office of the Inspector General.
    (k) Department of Health and Human Services. 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.
    (l) Department of Housing and Urban Development. Motor vehicles used 
for law enforcement or investigative purposes by the Office of the 
Inspector General.
    (m) Department of the Interior. 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.
    (n) Department of Justice. All motor vehicles used for undercover 
law enforcement activities or investigative work by the Department.
    (o) Department of Labor. 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) National Aeronautics and Space Administration. Motor vehicles 
used for investigative or law enforcement activities.
    (q) National Labor Relations Board. Motor vehicles used for 
investigative activities by field offices.
    (r) National Security Council. Motor vehicles used by the Central 
Intelligence Agency.
    (s) Nuclear Regulatory Commission. Motor vehicles used for the 
conduct of security operations or in the enforcement of security 
regulations.
    (t) Office of Personnel Management. Motor vehicles used for the 
investigative program of the Office of Personnel Investigations and 
regional investigation activities.
    (u) United States Postal Service. Motor vehicles that the Postal 
Inspection Service uses for investigative and law enforcement 
activities.
    (v) Department of State. Motor vehicles used for protecting domestic 
and foreign dignitaries and investigating passport and visa fraud.
    (w) Department of Transportation. 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.

[[Page 56]]

    (x) Department of Treasury. 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.
    (y) Department of Veterans Affairs. Motor vehicles used for 
investigative activities by the Office of the Inspector General and 
regional Field Examiners and Property Management Inspectors.



Sec. 102-34.200  What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?

    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.



Sec. 102-34.205  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?

    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.



Sec. 102-34.210  What special requirements apply to exempted motor vehicles operating in the District of Columbia?

    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.



Sec. 102-34.215  Can GSA ask for a listing of exempted motor vehicles?

    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: vehicle.policy@gsa.gov



          Subpart C--Official Use of Government Motor Vehicles



Sec. 102-34.220  What is official use of a motor vehicle owned or leased by the Government?

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



Sec. 102-34.225  May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?

    No, you may not use a Government motor vehicle for transportation 
between your residence and place of employment unless your agency 
authorizes such use after making the necessary determination under 31 
U.S.C. 1344 and 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.



Sec. 102-34.230  May Government contractors use motor vehicles owned or leased by the Government?

    Yes, Government contractors may use Government motor vehicles when 
authorized under applicable procedures and the following conditions:
    (a) Motor vehicles are used for official purposes only and solely in 
the performance of the contract.
    (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.
    (c) Contractors must:

[[Page 57]]

    (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
    (2) Pay any expenses or cost, without Government reimbursement, for 
using such motor vehicles other than in the performance of the contract.



Sec. 102-34.235  What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?

    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.



Sec. 102-34.240  How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?

    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).



Sec. 102-34.245  How am I responsible for protecting motor vehicles?

    When a Government-owned or -leased motor vehicle is under your 
control, you must:
    (a) Park or store the vehicle in a manner that reasonably protects 
it from theft or damage.
    (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.)



Sec. 102-34.250  Am I bound by State and local traffic laws?

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



Sec. 102-34.255  Who pays for parking fees and fines?

    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.



Sec. 102-34.260  Do Federal employees in motor vehicles owned or leased by the government have to use safety belts?

    Yes Federal employees must use safety belts, when there is a safety 
belt.



                Subpart D--Replacement of Motor Vehicles



Sec. 102-34.265  What are motor vehicle replacement standards?

    Motor vehicle replacement standards specify the minimum number of 
years in use or miles traveled at which an executive agency may replace 
a Government-owned motor vehicle (see Sec. 102-34.280) .



Sec. 102-34.270  May we replace a Government-owned motor vehicle sooner?

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



Sec. 102-34.275  May we keep a Government-owned motor vehicle even though the standard permits replacement?

    Yes. The replacement standard is a minimum only, and therefore, you 
may

[[Page 58]]

keep a Government-owned motor vehicle longer than shown in Sec. 102-
34.280 if the motor vehicle can be operated without excessive 
maintenance costs or substantial reduction in resale value.



Sec. 102-34.280  How long must we keep a Government-owned motor vehicle?

    You must keep a motor vehicle owned or leased by the Government for 
at least the years or miles shown in the following table:

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



           Subpart E--Scheduled Maintenance of Motor Vehicles



Sec. 102-34.285  What kind of maintenance programs must we have?

    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:
    (a) Meet Federal, State, and local emission standards;
    (b) Meet manufacturer warranty requirements;
    (c) Ensure the safe and economical operating condition of the motor 
vehicle throughout its life; and
    (d) Ensure that inspections and servicing occur as recommended by 
the manufacturer or more often if local operating conditions require.



Sec. 102-34.290  Must our motor vehicles pass State inspections?

    Yes your motor vehicles must pass State inspections, where mandated.
    (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.
    (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.



Sec. 102-34.295  Where can we obtain help in setting up a maintenance program?

    For help in setting up a maintenance programs, contact the: General 
Services Administration, Attn: MTV, Washington, DC 20405. Email: 
vehicle.policy@gsa.gov



               Subpart F--Motor Vehicle Accident Reporting



Sec. 102-34.300  What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?

    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.
    (a) Standard Form 91, Motor Vehicle Accident Report. 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.

[[Page 59]]

    (b) Standard Form 94, Statement of Witness. This form should be 
completed by any witness to the accident.



Sec. 102-34.305  To whom do we send accident reports?

    Send accident reports as follows:
    (a) If the motor vehicle is owned or leased by your agency, follow 
your internal agency directives.
    (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.



                  Subpart G--Disposal of Motor Vehicles



Sec. 102-34.310  How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?

    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.



Sec. 102-34.315  What forms do we use to transfer ownership when selling a motor vehicle?

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

    Note to Sec. 102-34.315(a)(2):
    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.

    (b) Standard Form 97 is optional in foreign countries because 
foreign governments may require the use of other forms.

    Note to Sec. 102-34.315: 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.



Sec. 102-34.320  How do we distribute the completed Standard Form 97?

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



                    Subpart H--Motor Vehicle Fueling



Sec. 102-34.325  How do we obtain fuel for motor vehicles?

    You may obtain fuel for any motor vehicle owned or leased by the 
Government by using:
    (a) A Government-issued charge card;
    (b) A Government agency fueling facility; or
    (c) Personal funds and obtaining reimbursement from your agency.



Sec. 102-34.330  What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?

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

[[Page 60]]

    (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.



Sec. 102-34.335  What type of fuel do I use in motor vehicles?

    (a) Use the grade (octane rating) of fuel recommended by the motor 
vehicle manufacturer when fueling motor vehicles owned or leased by the 
Government.
    (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.
    (c) Use unleaded gasoline in all Government owned or leased motor 
vehicles designed to operate on gasoline and used overseas unless:
    (1) Such use would be in conflict with country-to-country or multi-
national logistics agreements; or
    (2) Such gasoline is not available locally.



Sec. 102-34.340  Do I have to use self-service fuel pumps?

    Yes. You must use self-service fuel pumps to the fullest extent 
possible.



              Subpart I--Federal Motor Vehicle Fleet Report



Sec. 102-34.345  What is the Federal Motor Vehicle Fleet Report?

    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.
    Recipients of this report use it to evaluate and analyze operations 
and management of the Federal motor vehicle fleet.



Sec. 102-34.350  What records do we need to keep?

    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.



Sec. 102-34.355  When and how do we report motor vehicle data?

    (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: vehicle.policy@gsa.gov
    (b) Use separate forms to report data for domestic and foreign 
fleets.
    (1) For motor vehicles lent to another agency during the reporting 
period, the owning agency reports all data.
    (2) For motor vehicles transferred from one owning agency to 
another, each agency reports data for the time it retained 
accountability.
    (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: 
vehicle.policy@gsa.gov



                            Subpart J--Forms



Sec. 102-34.360  How do we obtain the forms prescribed in this part?

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

        PART 102-35--DISPOSITION OF PERSONAL PROPERTY [RESERVED]



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




                      Subpart A--General Provisions

Sec.
102-36.5  What is the governing authority for this part?
102-36.10  What does this part cover?
102-36.15  Who must comply with the provisions of this part?
102-36.20  To whom do ``we'', ``you'', and their variants refer?

[[Page 61]]

102-36.25  How do we request a deviation from these requirements and who 
          can approve it?
102-36.30  When is personal property excess?
102-36.35  What is the typical process for disposing of excess personal 
          property?

                               Definitions

102-36.40  What definitions apply to this part?

                             Responsibility

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

      Subpart B--Acquiring Excess Personal Property For Our Agency

                            Acquiring Excess

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

                           Screening of Excess

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

                          Processing Transfers

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

                            Direct Transfers

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

Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients

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

                     Nonappropriated Fund Activities

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

                               Contractors

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

                              Cooperatives

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

                            Project Grantees

102-36.185  What are the requirements for acquiring excess personal 
          property for use by our grantees?
102-36.190  Must we always pay 25 percent of the original acquisition 
          cost when furnishing excess personal property to project 
          grantees?
102-36.195  What type of excess personal property may we furnish to our 
          project grantees?

[[Page 62]]

102-36.200  May we acquire excess personal property for cannibalization 
          purposes by the grantee?
102-36.205  Is there a limit to how much excess personal property we may 
          furnish to our grantees?

           Subpart D--Disposition of Excess Personal Property

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

                   Reporting Excess Personal Property

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

                  Disposing of Excess Personal Property

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

                      Transfers With Reimbursement

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

                       Report of Disposal Activity

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

                         Abandonment/Destruction

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

  Subpart E--Personal Property Whose Disposal Requires Special Handling

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

                       Aircraft and Aircraft Parts

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

                        Canines, Law Enforcement

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

                        Disaster Relief Property

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

                                Firearms

102-36.375  May we dispose of excess firearms?

                    Foreign Excess Personal Property

102-36.380  Who is responsible for disposing of foreign excess personal 
          property?
102-36.385  What are our responsibilities in the disposal of foreign 
          excess personal property?

[[Page 63]]

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

                                  Gifts

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

                       Hazardous Personal Property

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

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

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

                     Printing Equipment and Supplies

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

                           Red Cross Property

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

                            Shelf-Life Items

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

                                 Vessels

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

                  Subpart F--Miscellaneous Disposition

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

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

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



                      Subpart A--General Provisions



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

    Section 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.



Sec. 102-36.10  What does this part cover?

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



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

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



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

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



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

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

[[Page 64]]



Sec. 102-36.30  When is personal property excess?

    Personal property is excess when it is no longer needed by the 
activities within your agency to carry out the functions of official 
programs, as determined by the agency head or designee.



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

    (a) You must ensure personal property not needed by your activity is 
offered for use elsewhere within your agency. If the property is no 
longer needed by any activity within your agency, your agency declares 
the property excess and reports it to GSA for possible transfer to 
eligible recipients, including Federal agencies for direct use or for 
use by their contractors, project grantees, or cooperative agreement 
recipients. All executive agencies must, to the maximum extent 
practicable, fill requirements for personal property by using existing 
agency property or by obtaining excess property from other Federal 
agencies in lieu of new procurements.
    (b) If GSA determines that there are no Federal requirements for 
your excess personal property, it becomes surplus property and is 
available for donation to State and local public agencies and other 
eligible non-Federal activities. 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.
    (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.
    (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.

                               Definitions



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

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

[[Page 65]]

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

[[Page 66]]

    Property Act means the Federal Property and Administrative Services 
Act of 1949 (63 Stat. 386), as amended.
    Public agency means any State, political subdivision thereof, 
including any unit of local government or economic development district; 
any department, agency, or instrumentality thereof, including 
instrumentalities created by compact or other agreement between States 
or political subdivisions; multijurisdictional substate districts 
established by or pursuant to State law; or any Indian tribe, band, 
group, pueblo, or community located on a State reservation.
    Related personal property means any personal property that is an 
integral part of real property. It is:
    (1) Related to, designed for, or specifically adapted to the 
functional capacity of the real property and removal of this personal 
property would significantly diminish the economic value of the real 
property; or
    (2) Determined by the Administrator of General Services to be 
related to the real property.
    Salvage means property that has value greater than its basic 
material content but for which repair or rehabilitation is clearly 
impractical and/or uneconomical.
    Scrap means property that has no value except for its basic material 
content.
    Screening period means the period in which excess and surplus 
personal property are made available for excess transfer or surplus 
donation to eligible recipients.
    Shelf-life item is any item that deteriorates over time or has 
unstable characteristics such that a storage period must be assigned to 
assure the item is issued within that period to provide satisfactory 
performance. Management of such items is governed by part 101-27, 
subpart 27.2, of this title and by DOD instructions, for executive 
agencies and DOD respectively.
    Surplus personal property (surplus) means excess personal property 
no longer required by the Federal agencies as determined by GSA.
    Surplus release date means the date when Federal screening has been 
completed and the excess property becomes surplus.
    Transfer with reimbursement means a transfer of excess personal 
property between Federal agencies where the recipient is required to 
pay, i.e. reimburse the holding agency, for the property.
    Unit cost means the original acquisition cost of a single item of 
property.
    United States means all the 50 States and the District of Columbia.
    Vessels means ships, boats and craft designed for navigation in and 
on the water, propelled by oars or paddles, sail, or power.

                             Responsibility



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

    (a) Agency procurement policies should require consideration of 
excess personal property before authorizing procurement of new personal 
property.
    (b) You are encouraged to designate national and regional property 
management officials to:
    (1) Promote the use of available excess personal property to the 
maximum extent practicable by your agency.
    (2) Review and approve the acquisition and disposal of excess 
personal property.
    (3) Ensure that any agency implementing procedures comply with this 
part.
    (c) When acquiring excess personal property, you must:
    (1) Limit the quantity acquired to that which is needed to 
adequately perform the function necessary to support the mission of your 
agency.
    (2) Establish controls over the processing of excess personal 
property transfer orders.
    (3) Facilitate the timely pickup of acquired excess personal 
property from the holding agency.
    (d) While excess personal property you have acquired is in your 
custody, or the custody of your non-Federal recipients and the 
Government retains title, you and/or the non-Federal recipient must do 
the following:
    (1) Establish and maintain a system for property accountability.
    (2) Protect the property against hazards including but not limited 
to fire, theft, vandalism, and weather.

[[Page 67]]

    (3) Perform the care and handling of personal property. ``Care and 
handling'' includes completing, repairing, converting, rehabilitating, 
operating, preserving, protecting, insuring, packing, storing, handling, 
conserving, and transporting excess and surplus personal property, and 
destroying or rendering innocuous property which is dangerous to public 
health or safety.
    (4) Maintain appropriate inventory levels as set forth in part 101-
27 of this title.
    (5) Continuously monitor the personal property under your control to 
assure maximum use, and develop and maintain a system to prevent and 
detect nonuse, improper use, unauthorized disposal or destruction of 
personal property.
    (e) When you no longer need personal property to carry out the 
mission of your program, you must:
    (1) Offer the property for reassignment to other activities within 
your agency.
    (2) Promptly report excess personal property to GSA when it is no 
longer needed by any activity within your agency for further reuse by 
eligible recipients.
    (3) Continue the care and handling of excess personal property while 
it goes through the disposal process.
    (4) Facilitate the timely transfer of excess personal property to 
other Federal agencies or authorized eligible recipients.
    (5) Provide reasonable access to authorized personnel for inspection 
and removal of excess personal property.
    (6) Ensure that final disposition complies with applicable 
environmental, health, safety and national security regulations.



Sec. 102-36.50  May we use a contractor to perform the functions of excess personal property disposal?

    Yes, you may use service contracts to perform disposal functions 
that are not inherently Governmental, such as warehousing or custodial 
duties. You are responsible for ensuring that the contractor conforms 
with the requirements of the Property Act and the Federal Management 
Regulation (41 CFR chapter 102), and any other applicable statutes and 
regulations when performing these functions.



Sec. 102-36.55  What is GSA's role in the disposition of excess personal property?

    In addition to developing and issuing regulations for the management 
of excess personal property, GSA:
    (a) Screens and offers available excess personal property to Federal 
agencies and eligible non-Federal recipients.
    (b) Approves and processes transfers of excess personal property to 
eligible activities.
    (c) Determines the amount of reimbursement for transfers of excess 
personal property when appropriate.
    (d) Conducts sales of surplus and exchange/sale personal property 
when requested by an agency.
    (e) Maintains an automated system, FEDS, to facilitate the reporting 
and transferring of excess personal property.



      Subpart B--Acquiring Excess Personal Property For Our Agency

                            Acquiring Excess



Sec. 102-36.60  Who is eligible to acquire excess personal property as authorized by the Property Act?

    The following are eligible to acquire excess personal property:
    (a) Federal agencies (for their own use or use by their authorized 
contractors, cooperatives, and project grantees).
    (b) The Senate.
    (c) The House of Representatives.
    (d) The Architect of the Capitol and any activities under his 
direction.
    (e) The DC Government.
    (f) Mixed-ownership Government corporations as defined in 31 U.S.C. 
9101.



Sec. 102-36.65  Why must we use excess personal property instead of buying new property?

    Using excess personal property to the maximum extent practicable 
maximizes the return on Government dollars spent and minimizes 
expenditures for new procurement. Before purchasing new property, check 
with the appropriate regional GSA Personal Property Management office or 
access

[[Page 68]]

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.



Sec. 102-36.70  What must we consider when acquiring excess personal property?

    Consider the following when acquiring excess personal property:
    (a) There must be an authorized requirement.
    (b) The cost of acquiring and maintaining the excess personal 
property (including packing, shipping, pickup, and necessary repairs) 
does not exceed the cost of purchasing and maintaining new material.
    (c) The sources of spare parts or repair/maintenance services to 
support the acquired item are readily accessible.
    (d) The supply of excess parts acquired must not exceed the life 
expectancy of the equipment supported.
    (e) The excess personal property will fulfill the required need with 
reasonable certainty without sacrificing mission or schedule.
    (f) You must not acquire excess personal property with the intent to 
sell or trade for other assets.



Sec. 102-36.75  Do we pay for excess personal property we acquire from another Federal agency under a transfer?

    (a) No, except for the situations listed in paragraph (b) of this 
section, you do not pay for the property. However, you are responsible 
for shipping and transportation costs. Where applicable, you may also be 
required to pay packing, loading, and any costs directly related to the 
dismantling of the property when required for the purpose of 
transporting the property.
    (b) You may be required to reimburse the holding agency for excess 
personal property transferred to you (i.e., transfer with reimbursement) 
when:
    (1) Reimbursement is directed by GSA.
    (2) The property was originally acquired with funds not appropriated 
from the general fund of the Treasury or appropriated therefrom but by 
law reimbursable from assessment, tax, or other revenue and the holding 
agency requests reimbursement. It is executive branch policy that 
working capital fund property shall be transferred without 
reimbursement.
    (3) The property was acquired with appropriated funds, but 
reimbursement is required or authorized by law.
    (4) You or the holding agency is the U.S. Postal Service (USPS).
    (5) You are acquiring excess personal property for use by a project 
grantee that is a public agency or a nonprofit organization and exempt 
from taxation under 26 U.S.C. 501.
    (6) You or the holding agency is the DC Government.
    (7) You or the holding agency is a wholly owned or mixed-ownership 
Government corporation as defined in the Government Corporation Control 
Act (31 U.S.C. 9101-9110).



Sec. 102-36.80  How much do we pay for excess personal property on a transfer with reimbursement?

    (a) You may be required to reimburse the holding agency the fair 
market value when the transfer involves any of the conditions in 
Sec. 102-36.75(b)(1) through (b)(4).
    (b) When acquiring excess personal property for your project 
grantees (Sec. 102-36.75(b)(5)), you are required to deposit into the 
miscellaneous receipts fund of the U.S. Treasury an amount equal to 25 
percent of the original acquisition cost of the property, except for 
transfers under the conditions cited in Sec. 102-36.190.
    (c) When you or the holding agency is the DC Government or a wholly 
owned or mixed-ownership Government corporation (Sec. 102-36.75(b)(6) or 
(b)(7)), you are required to reimburse the holding agency using fair 
value reimbursement. Fair value reimbursement is 20 percent of the 
original acquisition cost for new or unused property (i.e., condition 
code 1), and zero percent for other personal property. Where 
circumstances warrant, a higher fair value may be used if the agencies 
concerned agree. Due to special circumstances or the unusual nature of 
the property, the holding agency may use other criteria for establishing 
fair value if approved or directed by GSA. You must refer any 
disagreements to the appropriate regional

[[Page 69]]

GSA Personal Property Management office.



Sec. 102-36.85  Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?

    Yes, you must pay for personal property disposed of under the 
exchange/sale authority, in the amount required by the holding agency. 
The amount of reimbursement is normally the fair market value.

                           Screening of Excess



Sec. 102-36.90  How do we find out what personal property is available as excess?

    You may use the following methods to find out what excess personal 
property is available:
    (a) Check GSA's automated excess personal property system FEDS. For 
information on FEDS access http://pub.fss.gsa.gov/property/.
    (b) Contact or submit want lists to regional GSA Personal Property 
Management offices.
    (c) Check any available holding agency websites (see http://
www.policyworks.gov/surplus for a list of Federal agency websites.).
    (d) Conduct on-site screening at various Federal facilities.



Sec. 102-36.95  How long is excess personal property available for screening?

    The screening period for excess personal property is normally 21 
calendar days. GSA may extend or shorten the screening period in 
coordination with the holding agency. For screening timeframes for 
Government property in the possession of contractors see the Federal 
Acquisition Regulation (48 CFR part 45).



Sec. 102-36.100  When does the screening period start for excess personal property?

    Screening starts when GSA receives the report of excess personal 
property (see Sec. 102-36.230).



Sec. 102-36.105  Who is authorized to screen and where do we go to screen excess personal property on-site?

    You may authorize your agency employees, contractors, or non-Federal 
recipients that you sponsor to screen excess personal property. You may 
visit Defense Reutilization and Marketing Offices (DRMOs) and DOD 
contractor facilities to screen excess personal property generated by 
the Department of Defense. You may also inspect excess personal property 
at various civilian agency facilities throughout the United States.



Sec. 102-36.110  Do we need authorization to screen excess personal property?

    (a) Yes, when entering a Federal facility, Federal agency employees 
must present a valid Federal ID. Non-Federal individuals will need proof 
of authorization from their sponsoring Federal agency in addition to a 
valid picture identification.
    (b) Entry on some Federal and contractor facilities may require 
special authorization from that facility. Persons wishing to screen 
excess personal property on such a facility must obtain approval from 
that agency. Contact your regional GSA Personal Property Management 
office for locations and accessibility.



Sec. 102-36.115  What information must we include in the authorization form for non-Federal persons to screen excess personal property?

    (a) For non-Federal persons to screen excess personal property, you 
must provide on the authorization form:
    (1) The individual's name and the organization he/she represents;
    (2) The period of time and location(s) in which screening will be 
conducted; and
    (3) The number and completion date of the applicable contract, 
cooperative agreement, or grant.
    (b) An authorized official of your agency must sign the 
authorization form.



Sec. 102-36.120  What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?

    You must do the following:

[[Page 70]]

    (a) Ensure that the non-Federal screener certifies that any and all 
property requested will be used for authorized official purpose(s).
    (b) Maintain a record of the authorized screeners under your 
authority, to include names, addresses and telephone numbers, and any 
additional identifying information such as driver's license or social 
security numbers.
    (c) Retrieve any expired or invalid screener's authorization forms.

                          Processing Transfers



Sec. 102-36.125  How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?

    (a) You must first contact the appropriate regional GSA Personal 
Property Management office to assure the property is available to you. 
Submit your request on a SF 122, Transfer Order Excess Personal 
Property, to the region in which the property is located. For the types 
of property listed in the table in paragraph (b) of this section, submit 
the SF 122 to the corresponding GSA regions. You may submit the SF 122 
manually or transmit the required information by electronic media (FEDS) 
or any other transfer form specified and approved by GSA.
    (b) For the following types of property, you must submit the SF 122 
to the corresponding GSA regions:

------------------------------------------------------------------------
         Type of property             GSA region          Location
------------------------------------------------------------------------
Aircraft.........................  9 FBP            San Francisco, CA
                                                     94102.
Firearms.........................  7 FP-8           Denver, CO 80225.
Foreign Gifts....................  FBP              Washington, DC
                                                     20406.
Forfeited Property...............  3 FP             Washington, DC
                                                     20407.
Standard Forms...................  7 FMP            Ft. Worth, TX 76102.
Vessels, civilian................  4 FD             Atlanta, GA 30365.
Vessels, DOD.....................  3 FPD            Philadelphia, PA
                                                     19107.
------------------------------------------------------------------------


[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000]



Sec. 102-36.130  What are our responsibilities in processing transfer orders of excess personal property?

    Whether the excess is for your use or for use by a non-Federal 
recipient that you sponsor, you must:
    (a) Ensure that only authorized Federal officials of your agency 
sign the SF 122 prior to submission to GSA for approval.
    (b) Ensure that excess personal property approved for transfer is 
used for authorized official purpose(s).
    (c) Advise GSA of names of agency officials that are authorized to 
approve SF 122s, and notify GSA of any changes in signatory authority.



Sec. 102-36.135  How much time do we have to pick up excess personal property that has been approved for transfer?

    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.



Sec. 102-36.140  May we arrange to have the excess personal property shipped to its final destination?

    Yes, when the holding agency agrees to provide assistance in 
preparing the property for shipping. You may be required to pay the 
holding agency any direct costs in preparing the property for shipment. 
You must provide shipping instructions and the appropriate fund code for 
billing purposes on the SF 122.

                            Direct Transfers



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

    Yes, but only under the following situations:
    (a) You may obtain excess personal property that has not yet been 
reported to GSA, provided the total acquisition cost of the excess 
property does not exceed $10,000 per line item. You must ensure that a 
SF 122 is completed for the direct transfer and that an authorized 
official of your agency signs the SF 122. You must provide a copy of the 
SF 122 to the appropriate regional GSA office within 10 workdays from 
the date of the transaction.
    (b) You may obtain excess personal property exceeding the $10,000 
per line item limitation, provided you first contact the appropriate 
regional GSA Personal Property Management office for verbal approval of 
a prearranged transfer. You must annotate the SF 122 with the name of 
the GSA approving official and the date of the verbal approval,

[[Page 71]]

and provide a copy of the SF 122 to GSA within 10 workdays from the date 
of transaction.
    (c) You are subject to the requirement to pay reimbursement for the 
excess personal property under a direct transfer when any of the 
conditions in Sec. 102-36.75(b) applies.
    (d) You may obtain excess personal property directly from another 
Federal agency without GSA approval when that Federal agency has 
statutory authority to dispose of such excess personal property and you 
are an eligible recipient.



Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients



Sec. 102-36.150  For which non-Federal activities may we acquire excess personal property?

    Under the Property Act you may acquire and furnish excess personal 
property for use by your 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.



Sec. 102-36.155  What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?

    When acquiring excess personal property for use by a non-Federal 
recipient, your authorized agency official must:
    (a) Ensure the use of excess personal property by the non-Federal 
recipient is authorized and complies with applicable Federal regulations 
and agency guidelines.
    (b) Determine that the use of excess personal property will reduce 
the costs to the Government and/or that it is in the Government's best 
interest to furnish excess personal property.
    (c) Review and approve transfer documents for excess personal 
property as the sponsoring Federal agency.
    (d) Ensure the non-Federal recipient is aware of his obligations 
under the FMR and your agency regulations regarding the management of 
excess personal property.
    (e) Ensure the non-Federal recipient does not stockpile the property 
but places the property into use within a reasonable period of time, and 
has a system to prevent nonuse, improper use, or unauthorized disposal 
or destruction of excess personal property furnished.
    (f) Establish provisions and procedures for property accountability 
and disposition in situations when the Government retains title.
    (g) Report annually to GSA excess personal property furnished to 
non-Federal recipients during the year (see Sec. 102-36.295).



Sec. 102-36.160  What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?

    Annotate on the SF 122, the name of the non-Federal recipient and 
the contract, grant or agreement number, when applicable, and the 
scheduled completion/expiration date of the contract, grant or 
agreement. If the remaining time prior to the expiration date is less 
than 60 calendar days, you must certify that the contract, grant or 
agreement will be extended or renewed or provide other written 
justification for the transfer.

                     Nonappropriated Fund Activities



Sec. 102-36.165  Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?

    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 Sec. 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.



Sec. 102-36.170  May we transfer personal property owned by one of our nonappropriated fund activities?

    Property purchased by a nonappropriated fund activity is not Federal 
property. A nonappropriated fund activity has the option of making its

[[Page 72]]

privately owned personal property available for transfer to a Federal 
agency, usually with reimbursement. If such reimbursable personal 
property is not transferred to another Federal agency, it may be offered 
for sale. Such property is not available for donation.

[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]

                               Contractors



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

    Yes, you may acquire and furnish excess personal property for use by 
your contractors subject to the criteria and restrictions in the Federal 
Acquisition Regulation (48 CFR part 45). When such property is no longer 
needed by your contractors or your agency, you must dispose of the 
excess personal property in accordance with the provisions of this part.

                              Cooperatives



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

    Yes, you must limit the total dollar amount of property transfers 
(in terms of original acquisition cost) to the dollar value of the 
cooperative agreement. For any transfers in excess of such amount, you 
must ensure that an official of your agency at a level higher than the 
officer administering the agreement approves the transfer. The Federal 
Government retains title to such property, except when provided by 
specific statutory authority.

                            Project Grantees



Sec. 102-36.185  What are the requirements for acquiring excess personal property for use by our grantees?

    You may furnish excess personal property for use by your grantees 
only when:
    (a) The grantee holds a Federally sponsored project grant;
    (b) The grantee is a public agency or a nonprofit tax-exempt 
organization under section 501 of the Internal Revenue Code of 1986 (26 
U.S.C. 501);
    (c) The property is for use in connection with the grant; and
    (d) You pay 25 percent of the original acquisition cost of the 
excess personal property, such funds to be deposited into the 
miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying 
this 25 percent are provided in Sec. 102-36.190. Title to property vests 
in the grantee when your agency pays 25 percent of the original 
acquisition cost.



Sec. 102-36.190  Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?

    No, you may acquire excess personal property for use by a project 
grantee without paying the 25 percent fee when any of the following 
conditions apply:
    (a) The personal property was originally acquired from excess 
sources by your agency and has been placed into official use by your 
agency for at least one year. The Federal Government retains title to 
such property.
    (b) The property is furnished under section 203 of the Department of 
Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest 
Service in connection with cooperative State forest fire control 
programs. The Federal Government retains title to such property.
    (c) The property is furnished by the U.S. Department of Agriculture 
to State or county extension services or agricultural research 
cooperatives under 40 U.S.C. 483(d)(2)(E). The Federal Government 
retains title to such property.
    (d) The property is not needed for donation under part 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.)
    (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

[[Page 73]]

Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and 
70. GSA may approve transfers without reimbursement for property under 
other FSC groups when NSF certifies the item is a component of or 
related to a piece of scientific equipment or is a difficult-to-acquire 
item needed for scientific research. Regardless of FSC, GSA will not 
approve transfers of common-use or general-purpose items without 
reimbursement. Title to such property transfers to the grantee.
    (f) The property is furnished in connection with grants to Indian 
tribes, as defined in section 3(c) of the Indian Financing Act (24 
U.S.C. 1452(c)). Title passage is determined under the authorities of 
the administering agency.



Sec. 102-36.195  What type of excess personal property may we furnish to our project grantees?

    You may furnish to your project grantees any property, except for 
consumable items, determined to be necessary and usable for the purpose 
of the grant. Consumable items are generally not transferable to project 
grantees. GSA may approve transfers of excess consumable items when 
adequate justification for the transfer accompanies such requests. For 
the purpose of this section ``consumable items'' are items which are 
intended for one-time use and are actually consumed in that one time; 
e.g., drugs, medicines, surgical dressings, cleaning and preserving 
materials, and fuels.



Sec. 102-36.200  May we acquire excess personal property for cannibalization purposes by the grantees?

    Yes, subject to GSA approval, you may acquire excess personal 
property for cannibalization purposes. You may be required to provide a 
supporting statement that indicates disassembly of the item for 
secondary use has greater benefit than utilization of the item in its 
existing form and cost savings to the Government will result.



Sec. 102-36.205  Is there a limit to how much excess personal property we may furnish to our grantees?

    Yes, you must monitor transfers of excess personal property so the 
total dollar amount of property transferred (in original acquisition 
cost) does not exceed the dollar value of the grant. Any transfers above 
the grant amount must be approved by an official at an administrative 
level higher than the officer administering the grant.



           Subpart D--Disposition of Excess Personal Property



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

    You must report excess personal property to promote reuse by the 
Government to enable Federal agencies to benefit from the continued use 
of property already paid for with taxpayers' money, thus minimizing new 
procurement costs. Reporting excess personal property to GSA helps 
assure that the information on available excess personal property is 
accessible and disseminated to the widest range of reuse customers.

                   Reporting Excess Personal Property



Sec. 102-36.215  How do we report excess personal property?

    Report excess personal property as follows:
    (a) Electronically submit the data elements required on the Standard 
Form 120 (SF 120), Report of Excess Personal Property, in a format 
specified and approved by GSA; or
    (b) Submit a paper SF 120 to the regional GSA Personal Property 
Management office.



Sec. 102-36.220  Must we report all excess personal property to GSA?

    (a) Generally yes, regardless of the condition code, except as 
authorized in Sec. 102-36.145 for direct transfers or as exempted in 
paragraph (b) of this section. Report all excess personal property, 
including excess personal property to which the Government holds title 
but is in the custody of your contractors, cooperatives, or project 
grantees.
    (b) You are not required to report the following types of excess 
personal property to GSA for screening:
    (1) Property determined appropriate for abandonment/destruction (see 
Sec. 102-36.305).
    (2) Nonappropriated fund property (see Sec. 102-36.165).

[[Page 74]]

    (3) Foreign excess personal property (see Sec. 102-36.380).
    (4) Scrap, except aircraft in scrap condition.
    (5) Perishables, defined for the purposes of this section as any 
personal property subject to spoilage or decay.
    (6) Trading stamps and bonus goods.
    (7) Hazardous waste.
    (8) Controlled substances.
    (9) Nuclear Regulatory Commission-controlled materials.
    (10) Property dangerous to public health and safety.
    (11) Classified items or property determined to be sensitive for 
reasons of national security.
    (c) Refer to part 101-42 of this title for additional guidance on 
the disposition of classes of property under paragraphs (b)(7) through 
(b)(11) of this section.



Sec. 102-36.225  Must we report excess related personal property?

    Yes, you must report excess related personal property to the Office 
of Real Property, GSA, in accordance with part 101-47 of this title.



Sec. 102-36.230  Where do we send the reports of excess personal property?

    (a) You must direct electronic submissions of excess personal 
property to the Federal Disposal System (FEDS) maintained by the 
Property Management Division (FBP), GSA, Washington, DC 20406.
    (b) For paper submissions, you must send the SF 120 to the regional 
GSA Personal Property Management office for the region in which the 
property is located. For the categories of property listed in Sec. 102-
36.125(b), forward the SF 120 to the corresponding regions.



Sec. 102-36.235  What information do we provide when reporting excess personal property?

    (a) You must provide the following data on excess personal property:
    (1) The reporting agency and the property location.
    (2) A report number (6-digit activity address code and 4-digit 
Julian date).
    (3) 4-digit Federal Supply Class (use National Stock Number whenever 
available).
    (4) Description of item, in sufficient detail.
    (5) Quantity and unit of issue.
    (6) Disposal Condition Code (see Sec. 102-36.240).
    (7) Original acquisition cost per unit and total cost (use estimate 
if original cost not available).
    (8) Manufacturer, date of manufacture, part and serial number, when 
required by GSA.
    (b) In addition, provide the following information on your report of 
excess, when applicable:
    (1) Major parts/components that are missing.
    (2) If repairs are needed, the type of repairs.
    (3) Special requirements for handling, storage, or transportation.
    (4) The required date of removal due to moving or space 
restrictions.
    (5) If reimbursement is required, the authority under which the 
reimbursement is requested, the amount of reimbursement and the 
appropriate fund code to which money is to be deposited.
    (6) If you will conduct the sale of personal property that is not 
transferred or donated.



Sec. 102-36.240  What are the disposal condition codes?

    The disposal condition codes are contained in the following table:

------------------------------------------------------------------------
    Disposal condition code                    Definition
------------------------------------------------------------------------
1.............................  New. Property which is in new condition
                                 or unused condition and can be used
                                 immediately without modifications or
                                 repairs.
4.............................  Usable. Property which shows some wear,
                                 but can be used without significant
                                 repair.
7.............................  Repairable. Property which is unusable
                                 in its current condition but can be
                                 economically repaired.
X.............................  Salvage. Property which has value in
                                 excess of its basic material content,
                                 but repair or rehabilitation is
                                 impractical and/or uneconomical.
S.............................  Scrap. Property which has no value
                                 except for its basic material content.
------------------------------------------------------------------------


[[Page 75]]

                  Disposing of Excess Personal Property



Sec. 102-36.245  Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?

    Yes, you are accountable for the excess personal property until the 
time it is picked up by the designated recipient or its agent. You are 
responsible for all care and handling charges while the excess personal 
property is going through the screening and disposal process.



Sec. 102-36.250  Does GSA ever take physical custody of excess personal property?

    Generally you retain physical custody of the excess personal 
property prior to its final disposition. Very rarely GSA may consider 
accepting physical custody of excess personal property. Under special 
circumstances, GSA may take custody or may direct the transfer of 
partial or total custody to other executive agencies, with their 
consent.



Sec. 102-36.255  What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?

    Contact your regional GSA Personal Property Management office for 
any existing interagency agreements that would allow you to turn in 
excess personal property to a Federal facility. You are responsible for 
any turn-in costs and all costs related to transporting the excess 
personal property to these facilities.



Sec. 102-36.260  How do we promote the expeditious transfer of excess personal property?

    For expeditious transfer of excess personal property you should:
    (a) Provide complete and accurate property descriptions and 
condition codes on the report of excess to facilitate the selection of 
usable property by potential users.
    (b) Ensure that any available operating manual, parts list, diagram, 
maintenance log, or other instructional publication is made available 
with the property at the time of transfer.
    (c) Advise the designated recipient of any special requirements for 
dismantling, shipping/transportation.
    (d) When the excess personal property is located at a facility due 
to be closed, provide advance notice of the scheduled date of closing, 
and ensure there is sufficient time for screening and removal of 
property.



Sec. 102-36.265  What if there are competing requests for the same excess personal property?

    (a) GSA will generally approve transfers on a first-come, first-
served basis. When more than one Federal agency requests the same item, 
and the quantity available is not sufficient to meet the demand of all 
interested agencies, GSA will consider factors such as national defense 
requirements, emergency needs, avoiding the necessity of a new 
procurement, energy conservation, transportation costs, and retention of 
title in the Government. GSA will normally give preference to the agency 
that will retain title in the Government.
    (b) Requests for property for the purpose of cannibalization will 
normally be subordinate to requests for use of the property in its 
existing form.



Sec. 102-36.270  What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?

    Prior to final disposition, GSA will consider requests from 
authorized Federal activities for excess personal property undergoing 
donation screening or in the sales process. Federal transfers may be 
authorized prior to removal of the property under a donation or sales 
action.



Sec. 102-36.275  May we dispose of excess personal property without GSA approval?

    No, you may not dispose of excess personal property without GSA 
approval except under the following limited situations:
    (a) You may transfer to another Federal agency excess personal 
property that has not yet been reported to GSA, under direct transfer 
procedures contained in Sec. 102-36.145.

[[Page 76]]

    (b) You may dispose of excess personal property that is not required 
to be reported to GSA (see Sec. 102-36.220(b)).
    (c) You may dispose of excess personal property without going 
through GSA when such disposal is authorized by law.



Sec. 102-36.280  May we withdraw from the disposal process excess personal property that we have reported to GSA?

    Yes, you may withdraw excess personal property from the disposal 
process, but only with the approval of GSA and to satisfy an internal 
agency requirement. Property that has been approved for transfer or 
donation or offered for sale by GSA may be returned to your control with 
proper justification.

                      Transfers With Reimbursement



Sec. 102-36.285  May we charge for personal property transferred to another Federal agency?

    (a) When any one of the following conditions applies, you may 
require and retain reimbursement for the excess personal property from 
the recipient:
    (1) Your agency has the statutory authority to require and retain 
reimbursement for the property.
    (2) You are transferring the property under the exchange/sale 
authority.
    (3) You had originally acquired the property with funds not 
appropriated from the general fund of the Treasury or appropriated 
therefrom but by law reimbursable from assessment, tax, or other 
revenue. It is current executive branch policy that working capital fund 
property shall be transferred without reimbursement.
    (4) You or the recipient is the U.S. Postal Service.
    (5) You or the recipient is the DC Government.
    (6) You or the recipient is a wholly owned or mixed-ownership 
Government corporation.
    (b) You may charge for direct costs you incurred incident to the 
transfer, such as packing, loading and shipping of the property. The 
recipient is responsible for such charges unless you waive the amount 
involved.
    (c) You may not charge for overhead or administrative expenses or 
the costs for care and handling of the property pending disposition.



Sec. 102-36.290  How much do we charge for excess personal property on a transfer with reimbursement?

    (a) You may require reimbursement in an amount up to the fair market 
value of the property when the transfer involves property meeting 
conditions in Sec. 102-36.285(a)(1) through (a)(4).
    (b) When you or the recipient is the DC Government or a wholly owned 
or mixed-ownership Government corporation (Sec. 102-36.285(a)(5) and 
(a)(6)), you may only require fair value reimbursement. Fair value 
reimbursement is 20 percent of the original acquisition cost for new or 
unused property (i.e., condition code 1), and zero percent for other 
personal property. A higher fair value may be used if you and the 
recipient agency agree. Due to special circumstances or the nature of 
the property, you may use other criteria for establishing fair value if 
approved or directed by GSA. You must refer any disagreements to the 
appropriate regional GSA Personal Property Management office.

                       Report of Disposal Activity



Sec. 102-36.295  Is there any reporting requirement on the disposition of excess personal property?

    Yes, you must report annually to GSA personal property furnished in 
any manner in that year to any non-Federal recipients, with respect to 
property obtained as excess or as property determined to be no longer 
required for the purposes of the appropriation from which it was 
purchased. GSA will subsequently submit a summary of these Non-Federal 
Recipients Reports to Congress.



Sec. 102-36.300  How do we report the furnishing of personal property to non-Federal recipients?

    (a) Submit your annual report of personal property furnished to non-
Federal recipients, in letter form, to GSA, Personal Property Management 
Policy Division (MTP), 1800 F Street, NW, Washington, DC 20405, within 
90 calendar days after the close of each fiscal

[[Page 77]]

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.
    (b) The report (interagency report control number 0154--GSA--AN) 
must reference this part and contain the following:
    (1) Names of the non-Federal recipients.
    (2) Status of the recipients (contractor, cooperative, project 
grantee, etc.).
    (3) Total original acquisition cost of excess personal property 
furnished to each type of recipient, by type of property (two-digit FSC 
groups).

                         Abandonment/Destruction



Sec. 102-36.305  May we abandon or destroy excess personal property without reporting it to GSA?

    Yes, you may abandon or destroy excess personal property when you 
have made a written determination that the property has no commercial 
value or the estimated cost of its continued care and handling would 
exceed the estimated proceeds from its sale. An item has no commercial 
value when it has neither utility nor monetary value (either as an item 
or as scrap).



Sec. 102-36.310  Who makes the determination to abandon or destroy excess personal property?

    To abandon or destroy excess personal property, an authorized 
official of your agency makes a written finding that must be approved by 
a reviewing official who is not directly accountable for the property.



Sec. 102-36.315  Are there any restrictions to the use of the abandonment/destruction authority?

    Yes, the following restrictions apply:
    (a) You must not abandon or destroy property in a manner which is 
detrimental or dangerous to public health or safety. Additional 
guidelines for the abandonment/destruction of hazardous materials are 
prescribed in part 101-42 of this title.
    (b) If you become aware of an interest from an entity in purchasing 
the property, you must implement sales procedures in lieu of 
abandonment/destruction.



Sec. 102-36.320  May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?

    In lieu of abandonment/destruction, you may donate such excess 
personal property only to a public body without going through GSA. A 
public body is any department, agency, special purpose district, or 
other instrumentality of a State or local government; any Indian tribe; 
or any agency of the Federal Government. If you become aware of an 
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.



Sec. 102-36.325  What must be done before the abandonment/destruction of excess personal property?

    Except as provided in Sec. 102-36.330, you must provide public 
notice of intent to abandon or destroy excess personal property, in a 
format and timeframe specified by your agency regulations (such as 
publishing a notice in a local newspaper, posting of signs in common use 
facilities available to the public, or providing bulletins on your 
website through the internet). You must also include in the notice an 
offer to sell in accordance with part 101-45 of this title.



Sec. 102-36.330  Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?

    Yes, you are not required to provide public notice when:
    (a) The value of the property is so little or the cost of its care 
and handling, pending abandonment/destruction, is so great that its 
retention for advertising for sale, even as scrap, is clearly not 
economical;

[[Page 78]]

    (b) Abandonment or destruction is required because of health, 
safety, or security reasons; or
    (c) When the original acquisition cost of the item (estimated if 
unknown) is less than $500.

[65 FR 31218, May 16, 2000, as amended at 65 FR 34983, June 1, 2000]



  Subpart E--Personal Property Whose Disposal Requires Special Handling



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

    Yes, you must comply with the additional provisions in this subpart 
when disposing of the types of personal property listed in this subpart.

                       Aircraft and Aircraft Parts



Sec. 102-36.340  What must we do when disposing of excess aircraft?

    (a) You must report to GSA all excess aircraft, regardless of 
condition or dollar value, and provide the following information on the 
SF 120:
    (1) Manufacturer, date of manufacture, model, serial number.
    (2) Major components missing from the aircraft (such as engines, 
electronics).
    (3) Whether or not the:
    (i) Aircraft is operational;
    (ii) Dataplate is available;
    (iii) Historical and maintenance records are available;
    (iv) Aircraft has been previously certificated by the Federal 
Aviation Administration (FAA) and/or has been maintained to FAA 
airworthiness standards;
    (v) Aircraft was previously used for non-flight purposes (i.e., 
ground training or static display), and has been subjected to extensive 
disassembly and re-assembly procedures for ground training, or repeated 
burning for fire-fighting training purposes.
    (4) For military aircraft, indicate Category A, B, or C as 
designated by DOD, as follows:

------------------------------------------------------------------------
     Category of aircraft                     Description
------------------------------------------------------------------------
A............................  Aircraft authorized for sale and exchange
                                for commercial use.
B............................  Aircraft previously used for ground
                                instruction and/or static display.
C............................  Aircraft that are combat configured as
                                determined by DOD.
------------------------------------------------------------------------

    Note to Sec. 102-36.340(a)(4): For additional information on 
military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-
M, accessible at www.drms.dla.mil under Publications.
    (b) When the designated transfer or donation recipient's intended 
use is for non-flight purposes, you must remove and return the 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.
    (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.



Sec. 102-36.345  May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?

    Yes, you may dispose of excess FSCAP, but first you must determine 
whether the documentation available is adequate to allow transfer, 
donation, or sale of the part in accordance with part 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.



Sec. 102-36.350  How do we identify a FSCAP?

    Any aircraft part designated as FSCAP is assigned an alpha 
Criticality

[[Page 79]]

Code, and the code is annotated on the original transfer document when 
you acquire the part. You must perpetuate the appropriate FSCAP 
Criticality Code on all personal property records. You may contact the 
Federal agency or Military service that originally owned the part for 
assistance in making this determination, or query DOD's Federal 
Logistics Information System (FLIS) using the National Stock Number 
(NSN) for the part. For assistance in subscribing to the FLIS service 
contact the FedLog Consumer Support Office, 800-351-4381.



Sec. 102-36.355  What are the FSCAP Criticality Codes?

    The FSCAP Criticality Codes are contained in the following table:

------------------------------------------------------------------------
          FSCAP code                          Description
------------------------------------------------------------------------
E............................  FSCAP specially designed to be or
                                selected as being nuclear hardened.
F............................  Flight Safety Critical Aircraft Part.
------------------------------------------------------------------------



Sec. 102-36.360  How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?

    When disposing of life-limited aircraft parts that have no FSCAP 
designation, you must ensure that tags and labels, historical data and 
maintenance records accompany the part on any transfers, donations or 
sales. For additional information regarding the disposal of life-limited 
parts with or without tags or documentation refer to part 101-37 of this 
title.

                        Canines, Law Enforcement



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

    Yes, under 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.

                        Disaster Relief Property



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

    Yes, upon declaration by the President of an emergency or a major 
disaster, you may loan excess personal property to State and local 
governments, with or without compensation and prior to reporting it as 
excess to GSA, to alleviate suffering and damage resulting from any 
emergency or major disaster (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.

                                Firearms



Sec. 102-36.375  May we dispose of excess firearms?

    Yes, unless you have specific statutory authority to do otherwise, 
excess firearms may be transferred only to those Federal agencies 
authorized to acquire firearms for official use. GSA may donate certain 
classes of surplus firearms to State and local government activities 
whose primary function is the enforcement of applicable Federal, State, 
and/or local laws and whose compensated law enforcement officers have 
the authority to apprehend and arrest. Firearms not transferred or 
donated must be destroyed and sold as scrap. For additional guidance on 
the disposition of firearms refer to part 101-42 of this title.

[[Page 80]]

                    Foreign Excess Personal Property



Sec. 102-36.380  Who is responsible for disposing of foreign excess personal property?

    Your agency is responsible for disposing of your foreign excess 
personal property, as provided by title IV of the Property Act.



Sec. 102-36.385  What are our responsibilities in the disposal of foreign excess personal property?

    When disposing of foreign excess personal property you must:
    (a) Determine whether it is in the interest of the U.S. Government 
to return foreign excess personal property to the U.S. for further re-
use or to dispose of the property overseas.
    (b) Ensure that any disposal of property overseas conforms to the 
foreign policy of the United States and the terms and conditions of any 
applicable Host Nation Agreement.
    (c) Ensure that, when foreign excess personal property is donated or 
sold overseas, donation/sales conditions include a requirement for 
compliance with U.S. Department of Commerce and Department of 
Agriculture regulations when transporting any personal property back to 
the U.S.
    (d) Inform the U.S. State Department of any disposal of property to 
any foreign governments or entities.



Sec. 102-36.390  How may we dispose of foreign excess personal property?

    To dispose of foreign excess personal property, you may:
    (a) Offer the property for re-use by U.S. Federal agencies overseas;
    (b) Return the property to the U.S. for re-use by eligible 
recipients;
    (c) Sell, exchange, lease, or transfer such property for cash, 
credit, or other property;
    (d) Donate medical materials or supplies to nonprofit medical or 
health organizations, including those qualified under sections 214(b) 
and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 
2174, 2357); or
    (e) Abandon, destroy or donate such property when you determine that 
it has no commercial value or the estimated cost of care and handling 
would exceed the estimated proceeds from its sale, in accordance with 
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.



Sec. 102-36.395  How may GSA assist us in disposing of foreign excess personal property?

    You may request GSA's assistance in the screening of foreign excess 
personal property for possible re-use by eligible recipients within the 
U.S. GSA may, after consultation with you, designate property for return 
to the United States for transfer or donation purposes.



Sec. 102-36.400  Who pays for the transportation costs when foreign excess personal property is returned to the United States?

    When foreign excess property is to be returned to the U.S. for the 
purpose of an approved transfer or donation under the provisions of 
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.

                                  Gifts



Sec. 102-36.405  May we keep gifts given to us from the public?

    If your agency has gift retention authority, you may retain gifts 
from the public. Otherwise, you must report gifts you receive on a SF 
120 to GSA. You must report gifts received from a foreign government in 
accordance with part 101-49 of this title.



Sec. 102-36.410  How do we dispose of a gift in the form of money or intangible personal property?

    Report intangible personal property to GSA, Personal Property 
Management Division (FBP), Washington, 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.

[[Page 81]]



Sec. 102-36.415  How do we dispose of gifts other than intangible personal property?

    (a) When the gift is offered with the condition that the property be 
sold and the proceeds used to reduce the public debt, report the gift to 
the regional GSA Personal Property Management office in which the 
property is located. GSA will convert the gift to money upon acceptance 
and deposit the proceeds into a special account of the U.S. Treasury.
    (b) When the gift is offered with no conditions or restrictions, and 
your agency has gift retention authority, you may use the gift for an 
authorized official purpose without reporting to GSA. The property will 
then lose its identity as a gift and you must account for it in the same 
manner as Federal personal property acquired from authorized sources. 
When the property is no longer needed, you must report it as excess 
personal property to GSA.
    (c) When the gift is offered with no conditions or restrictions, but 
your agency does not have gift retention authority, you must report it 
to the regional GSA Personal Property Management office. GSA will offer 
the property for screening for possible transfer to a Federal agency or 
convert the gift to money and deposit the funds with U.S. Treasury. If 
your agency is interested in keeping the gift for an official purpose, 
you must annotate your interest on the SF 120 and also submit a SF 122.



Sec. 102-36.420  How do we dispose of gifts from foreign governments or entities?

    Report foreign gifts on a SF 120 to GSA, 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.

                       Hazardous Personal Property



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

    Yes, but only in accordance with part 101-42 of this title. When 
reporting excess hazardous property to GSA, certify on the SF 120 that 
the property has been packaged and labeled as required. Annotate any 
special requirements for handling, storage, or use, and provide a 
description of the actual or potential hazard.

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



Sec. 102-36.430  May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?

    You may dispose of excess MLIs/CCLIs only when you comply with the 
additional disposal and demilitarization (DEMIL) requirements contained 
in part 101-42 of this title. MLIs may require demilitarization when 
issued to any non-DoD entity, and will require appropriate licensing 
when exported from the U.S. CCLIs usually require export licensing when 
transported from the U.S.



Sec. 102-36.435  How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?

    You identify MLIs/CCLIs requiring demilitarization by the 
demilitarization code that is assigned to each MLI or CCLI. The code 
indicates the type and scope of demilitarization and/or export controls 
that must be accomplished, when required, before issue to any non-DOD 
activity. For a listing of the codes and additional guidance on DEMIL 
procedures see DOD Demilitarization and Trade Security Control Manual, 
DOD 4160.21-M-1.

                     Printing Equipment and Supplies



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

    Yes, in accordance with 44 U.S.C. 312, you must submit reports of 
excess printing and binding machinery, equipment, materials, and 
supplies to the Public Printer, Government Printing Office (GPO), 
Customer Service Manager, 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.

[[Page 82]]

                           Red Cross Property



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

    Yes, when reporting excess personal property which was processed, 
produced, or donated by the American National Red Cross, note ``RED 
CROSS PROPERTY'' on the SF 120 or report document. GSA will offer to 
return this property to the Red Cross if no other Federal agency has a 
need for it. If the Red Cross has no requirement the property continues 
in the disposal process and is available for donation.

                            Shelf-Life Items



Sec. 102-36.450  Do we report excess shelf-life items?

    (a) When there are quantities on hand that would not be utilized by 
the expiration date and cannot be returned to the vendor for credit, you 
must report such expected overage as excess for possible transfer and 
disposal to ensure maximum use prior to deterioration.
    (b) You need not report expired shelf-life items. You may dispose of 
property with expired shelf-life by abandonment/destruction in 
accordance with Sec. 102-36.305 and in compliance with Federal, State, 
and local waste disposal and air and water pollution control standards.



Sec. 102-36.455  How do we report excess shelf-life items?

    You must identify the property as shelf-life items by ``SL'', 
indicate the expiration date, whether the date is the original or an 
extended date, and if the date is further extendable. GSA may adjust the 
screening period based on re-use potential and the remaining useful 
shelf life.



Sec. 102-36.460  Do we report excess medical shelf-life items held for national emergency purposes?

    When the remaining shelf life of any medical materials or supplies 
held for national emergency purposes is of too short a period to justify 
their continued retention, you should report such property excess for 
possible transfer and disposal. You must make such excess determinations 
at such time as to ensure that sufficient time remains to permit their 
use before their shelf life expires and the items are unfit for human 
use. You must identify such items with ``MSL'' and the expiration date, 
and indicate any specialized storage requirements.



Sec. 102-36.465  May we transfer or exchange excess medical shelf-life items with other Federal agencies?

    Yes, you may transfer or exchange excess medical shelf-life items 
held for national emergency purposes with any other Federal agency for 
other medical materials or supplies, without GSA approval and without 
regard to part 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.

                                 Vessels



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

    (a) When you dispose of excess vessels you must indicate on the SF 
120 the following information:
    (1) Whether the vessel has been inspected by the Coast Guard.
    (2) Whether testing for hazardous materials has been done. And if 
so, the result of the testing, specifically the presence or absence of 
PCB's and asbestos and level of contamination.
    (3) Whether hazardous materials clean-up is required, and when it 
will be accomplished by your agency.
    (b) In accordance with 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.
    (c) Disposal instructions regarding vessels in this part do not 
apply to battleships, cruisers, aircraft carriers, destroyers, and 
submarines.

[[Page 83]]



                  Subpart F--Miscellaneous Disposition



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

    (a) The Stevenson-Wydler Technology Innovation Act of 1980, as 
amended (15 U.S.C. 3710(i)), authorizes Federal agencies to transfer 
excess education-related Federal equipment to educational institutions 
or nonprofit organizations for educational and research activities. 
Executive Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the 
extent permitted by law and where appropriate, the transfer of computer 
equipment for use by schools or non-profit organizations.
    (b) Each Federal agency is required to identify a point of contact 
within the agency to assist eligible recipients, and to publicize the 
availability of such property to eligible communities. Excess education-
related equipment may be transferred directly under established agency 
procedures, or reported to GSA as excess for subsequent transfer to 
potential eligible recipients as appropriate. You must include transfers 
under this authority in the annual Non-Federal Recipients Report (See 
Sec. 102-36.295) to GSA.
    (c) The ``Computers for Learning'' website has been developed to 
streamline the transfer of excess and surplus Federal computer equipment 
to schools and nonprofit educational organizations. For additional 
information about this program access the ``Computers for Learning'' 
website, http://www.computers.fed.gov.



PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY--Table of Contents




                      Subpart A--General Provisions

Sec.
102-37.5   What does this part cover?
102-37.10   What is the primary governing authority for this part?
102-37.15   Who must comply with the provisions of this part?
102-37.20   How do we request a deviation from this part and who can 
          approve it?

                               Definitions

102-37.25   What definitions apply to this part?

                            Donation Overview

102-37.30   When does property become available for donation?
102-37.35   Who handles the donation of surplus property?
102-37.40   What type of surplus property is available for donation?
102-37.45   How long is property available for donation screening?
102-37.50   What is the general process for requesting surplus property 
          for donation?
102-37.55   Who pays for transportation and other costs associated with 
          a donation?
102-37.60   How much time does a transferee have to pick up or remove 
          surplus property from holding agency premises?
102-37.65   What happens to surplus property that has been approved for 
          transfer when the prospective transferee decides it cannot use 
          the property and declines to pick it up?
102-37.70   How should a transferee account for the receipt of a larger 
          or smaller number of items than approved by GSA on the SF 123?
102-37.75   What should be included in a shortage report?
102-37.80   What happens to surplus property that isn't transferred for 
          donation?
102-37.85   Can surplus property being offered for sale be withdrawn and 
          approved for donation?

            Subpart B--General Services Administration (GSA)

102-37.90   What are GSA's responsibilities in the donation of surplus 
          property?
102-37.95   How will GSA resolve competing requests?
102-37.100   What factors will GSA consider in allocating surplus 
          property among SASPs?
102-37.105   Is GSA required to compile any reports concerning the 
          donation program?

                        Subpart C--Holding Agency

102-37.110   What are a holding agency's responsibilities in the 
          donation of surplus property?
102-37.115   May a holding agency be reimbursed for costs incurred 
          incident to a donation?
102-37.120   May a holding agency donate surplus property directly to 
          eligible non-Federal recipients without going through GSA?
102-37.125   What are some donations that do not require GSA's approval?

           Subpart D--State Agency for Surplus Property (SASP)

102-37.130   What are a SASP's responsibilities in the donation of 
          surplus property?

[[Page 84]]

102-37.135   How does a SASP become eligible to distribute surplus 
          property to donees?

                         State Plan of Operation

102-37.140   What is a State plan of operation?
102-37.145   Who is responsible for developing, certifying, and 
          submitting the plan?
102-37.150   What must a State legislature include in the plan?
102-37.155   When does a plan take effect?
102-37.160   Must GSA approve amendments or modifications to the plan?
102-37.165   Do plans or major amendments require public notice?
102-37.170   What happens if a SASP does not operate in accordance with 
          its plan?

                    Screening and Requesting Property

102-37.175   How does a SASP find out what property is potentially 
          available for donation?
102-37.180   Does a SASP need special authorization to screen property 
          at Federal facilities?
102-37.185   How does a SASP obtain screening authorization for itself 
          or its donees?
102-37.190   What records must a SASP maintain on authorized screeners?
102-37.195   Does a SASP have to have a donee in mind to request surplus 
          property?
102-37.200   What certifications must a SASP make when requesting 
          surplus property for donation?
102-37.205   What agreements must a SASP make?
102-37.210   Must a SASP make a drug-free workplace certification when 
          requesting surplus property for donation?
102-37.215   When must a SASP make a certification regarding lobbying?

                  Justifying Special Transfer Requests

102-37.220   Are there special types of surplus property that require 
          written justification when submitting a transfer request?
102-37.225   What information or documentation must a SASP provide when 
          requesting a surplus aircraft or vessel?
102-37.230   What must a letter of intent for obtaining surplus aircraft 
          or vessels include?
102-37.235   What type of information must a SASP provide when 
          requesting surplus property for cannibalization?
102-37.240   How must a transfer request for surplus firearms be 
          justified?

                     Custody, Care, and Safekeeping

102-37.245   What must a SASP do to safeguard surplus property in its 
          custody?
102-37.250   What actions must a SASP take when it learns of damage to 
          or loss of surplus property in its custody?
102-37.255   Must a SASP insure surplus property against loss or damage?

                        Distribution of Property

102-37.260   How must a SASP document the distribution of surplus 
          property?
102-37.265   May a SASP distribute surplus property to eligible donees 
          of another State?
102-37.270   May a SASP retain surplus property for its own use?

                      Service and Handling Charges

102-37.275   May a SASP accept personal checks and non-official payment 
          methods in payment of service charges?
102-37.280   How may a SASP use service charge funds?
102-37.285   May a SASP use service charge funds to support non-SASP 
          State activities and programs?

                   Disposing of Undistributed Property

102-37.290   What must a SASP do with surplus property it cannot donate?
102-37.295   Must GSA approve a transfer between SASPs?
102-37.300   What information must a SASP provide GSA when reporting 
          unneeded usable property for disposal?
102-37.305   May a SASP act as GSA's agent in selling undistributed 
          surplus property (either as usable property or scrap)?
102-37.310   What must a proposal to sell undistributed surplus property 
          include?
102-37.315   What costs may a SASP recover if undistributed surplus 
          property is retransferred or sold?
102-37.320   Under what conditions may a SASP abandon or destroy 
          undistributed surplus property?

                         Cooperative Agreements

102-37.325   With whom and for what purpose(s) may a SASP enter into a 
          cooperative agreement?
102-37.330   Must the costs of providing support under a cooperative 
          agreement be reimbursed by the parties receiving such support?
102-37.335   May a SASP enter into a cooperative agreement with another 
          SASP?
102-37.340   When may a SASP terminate a cooperative agreement?

                           Audits and Reviews

102-37.345   When must a SASP be audited?
102-37.350   Does coverage under the single audit process in OMB 
          Circular A-133 exempt a SASP from other reviews of its 
          program?
102-37.355   What obligations does a SASP have to ensure that donees 
          meet Circular A-133 requirements?

                                 Reports

102-37.360   What reports must a SASP provide to GSA?

[[Page 85]]

                           Liquidating a SASP

102-37.365   What steps must a SASP take if the State decides to 
          liquidate the agency?
102-37.370   Do liquidation plans require public notice?

Subpart E--Donations to Public Agencies, Service Educational Activities 
              (SEAs), and Eligible Nonprofit Organizations

102-37.375   How is the pronoun ``you'' used in this subpart?
102-37.380  What is the statutory authority for donations of surplus 
          Federal property made under this subpart?

                            Donee Eligibility

102-37.385   Who determines if a prospective donee applicant is eligible 
          to receive surplus property under this subpart?
102-37.390   What basic criteria must an activity meet before a SASP can 
          qualify it for eligibility?
102-37.395   How can a SASP determine whether an applicant meets any 
          required approval, accreditation, or licensing requirements?
102-37.400   What type of eligibility information must a SASP maintain 
          on donees?
102-37.405   How often must a SASP update donee eligibility records?
102-37.410   What must a SASP do if a donee fails to maintain its 
          eligibility status?
102-37.415   What should a SASP do if an applicant appeals a negative 
          eligibility decision?

                         Conditional Eligibility

102-37.420   May a SASP grant conditional eligibility to applicants who 
          would otherwise qualify as eligible donees, but are unable to 
          obtain approval, accreditation, or licensing because they are 
          newly organized or their facilities are not yet constructed?
102-37.425   May a SASP grant conditional eligibility to a not-for-
          profit organization whose tax-exempt status is pending?
102-37.430   What property can a SASP make available to a donee with 
          conditional eligibility?

                    Terms and Conditions of Donation

102-37.435   For what purposes may donees acquire and use surplus 
          property?
102-37.440   May donees acquire property for exchange?
102-37.445   What certifications must a donee make before receiving 
          property?
102-37.450   What agreements must a donee make?

                   Special Handling or Use Conditions

102-37.455   On what categories of surplus property has GSA imposed 
          special handling conditions or use limitations?
102-37.460   What special terms and conditions apply to the donation of 
          aircraft and vessels?

                         Release of Restrictions

102-37.465   May a SASP modify or release any of the terms and 
          conditions of donation?
102-37.470   At what point may restrictions be released on property that 
          has been authorized for cannibalization?
102-37.475   What are the requirements for releasing restrictions on 
          property being considered for exchange?

                       Compliance and Utilization

102-37.480   What must a SASP do to ensure that property is used for the 
          purpose(s) for which it was donated?
102-37.485   What actions must a SASP take if a review or other 
          information indicates noncompliance with donation terms and 
          conditions?
102-37.490   When must a SASP coordinate with GSA on compliance actions?
102-37.495   How must a SASP handle funds derived from compliance 
          actions?

                        Returns and Reimbursement

102-37.500   May a donee receive reimbursement for its donation expenses 
          when unneeded property is returned to the SASP?
102-37.505   How does a donee apply for and receive reimbursement for 
          unneeded property returned to a SASP?

                  Special Provisions Pertaining to SEAs

102-37.510   Are there special requirements for donating property to 
          SEAs?
102-37.515   Do SEAs have a priority over other SASP donees for DOD 
          property?

                 Subpart F--Donations to Public Airports

102-37.520   What is the authority for public airport donations?
102-37.525   What should a holding agency do if it wants a public 
          airport to receive priority consideration for excess personal 
          property it has reported to GSA?
102-37.530   What are FAA's responsibilities in the donation of surplus 
          property to public airports?
102-37.535   What information must FAA provide to GSA on its 
          administration of the public airport donation program?

[[Page 86]]

         Subpart G--Donations to the American National Red Cross

102-37.540   What is the authority for donations to the American 
          National Red Cross?
102-37.545   What type of property may the American National Red Cross 
          receive?
102-37.550   What steps must the American National Red Cross take to 
          acquire property?
102-37.555   What happens to property the American National Red Cross 
          does not request?

Subpart H--Donations to Public Bodies in Lieu of Abandonment/Destruction

102-37.560   What is a public body?
102-37.565   What is the authority for donations to public bodies?
102-37.570   What type of property may a holding agency donate under 
          this subpart?
102-37.575   Is there a special form for holding agencies to process 
          donations?
102-37.580   QWho is responsible for costs associated with the donation?

Appendix A--Miscellaneous Donation Statutes
Appendix B--Elements of a State Plan of Operation
Appendix C--Glossary of Terms for Determining Eligibility of Public 
          Agencies and Nonprofit Organizations

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

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



                      Subpart A--General Provisions



Sec. 102-37.5  What does this part cover?

    This part covers the donation of surplus Federal personal property 
located within a State, including foreign excess personal property 
returned to a State for handling as surplus property. For purposes of 
this part, the term State includes any of the 50 States, as well as the 
District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the 
Commonwealth of Puerto Rico, and the Commonwealth of the Northern 
Mariana Islands.



Sec. 102-37.10  What is the primary governing authority for this part?

    Subsection 203(j)(1) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(j)(1)), as amended (the Property 
Act), gives the General Services Administration (GSA) discretionary 
authority to prescribe the necessary regulations for, and to execute the 
surplus personal property donation program.



Sec. 102-37.15  Who must comply with the provisions of this part?

    You must comply with this part if you are a holding agency or a 
recipient of Federal surplus personal property approved by GSA for 
donation (e.g., a State agency for surplus property (SASP) or a public 
airport).



Sec. 102-37.20  How do we request a deviation from this part and who can approve it?

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

                               Definitions



Sec. 102-37.25  What definitions apply to this part?

    The following definitions apply to this part:
    Cannibalization means to remove serviceable parts from one item of 
equipment in order to install them on another item of equipment.
    Donee means any of the following entities that receive Federal 
surplus personal property through a SASP:
    (1) A service educational activity (SEA).
    (2) A public agency (as defined in appendix C of this part) which 
uses surplus personal property to carry out or promote one or more 
public purposes. (Public airports are an exception and are only 
considered donees when they elect to receive surplus property through a 
SASP, but not when they elect to receive surplus property through the 
Federal Aviation Administration as discussed in subpart F of this part.)
    (3) An eligible nonprofit tax-exempt educational or public health 
institution (including a provider of assistance to homeless or 
impoverished families or individuals).
    (4) A State or local government agency, or a nonprofit organization 
or institution, that receives funds appropriated for a program for older 
individuals.

[[Page 87]]

    Holding agency means the executive agency having accountability for, 
and generally possession of, the property involved.
    Period of restriction means the period of time for keeping donated 
property in use for the purpose for which it was donated.
    Property Act means the Federal Property and Administrative Services 
Act of 1949 (63 Stat. 377), as amended (codified as amended in scattered 
sections of titles 40 and 41 of the United States Code), the law that 
centralized Federal property management and disposal functions under the 
GSA.
    Screening means the process of physically inspecting property or 
reviewing lists or reports of property to determine whether property is 
usable or needed for donation purposes.
    Service educational activity (SEA) means any educational activity 
designated by the Secretary of Defense as being of special interest to 
the armed forces; e.g., maritime academies or military, naval, Air 
Force, or Coast Guard preparatory schools.
    Standard Form (SF) 123, Transfer Order Surplus Personal Property 
means the document used to request and document the transfer of Federal 
surplus personal property for donation purposes.
    State means one of the 50 States, the District of Columbia, the U.S. 
Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, 
and the Commonwealth of the Northern Mariana Islands.
    State agency for surplus property (SASP) means the agency designated 
under State law to receive Federal surplus personal property for 
distribution to eligible donees within the State as provided for in 
subsection 203(j) of the Property Act (40 U.S.C. 484(j)).
    Surplus personal property (surplus property) means excess personal 
property (as defined in Sec. 102-36.40 of this chapter) not required for 
the needs of any Federal agency, as determined by GSA.
    Surplus release date means the date on which Federal utilization 
screening of excess personal property has been completed, and the 
property is available for donation.
    Transferee means a public airport receiving surplus property from a 
holding agency through the Federal Aviation Administration, or a SASP.
    You, when used in subparts D and E of this part, means SASP, unless 
otherwise specified.

                            Donation Overview



Sec. 102-37.30  When does property become available for donation?

    Excess personal property becomes available for donation the day 
following the surplus release date. This is the point at which the 
screening period has been completed without transfer to a Federal agency 
or other eligible recipient, and the GSA has determined the property to 
be surplus.



Sec. 102-37.35  Who handles the donation of surplus property?

    (a) The SASPs handle the donation of most surplus property to 
eligible donees in their States in accordance with this part.
    (b) The GSA handles the donation of surplus property to public 
airports under a program administered by the Federal Aviation 
Administration (FAA) (see subpart F of this part). The GSA may also 
donate to the American National Red Cross surplus property that was 
originally derived from or through the Red Cross (see subpart G of this 
part).
    (c) Holding agencies may donate surplus property that they would 
otherwise abandon or destroy directly to public bodies in accordance 
with subpart H of this part.



Sec. 102-37.40  What type of surplus property is available for donation?

    All surplus property (including property held by working capital 
funds established under 10 U.S.C. 2208 or in similar funds) is available 
for donation to eligible recipients, except for property in the 
following categories:
    (a) Agricultural commodities, food, and cotton or woolen goods 
determined from time to time by the Secretary of Agriculture to be 
commodities requiring special handling with respect to price support or 
stabilization.

[[Page 88]]

    (b) Property acquired with trust funds (e.g., Social Security Trust 
Funds).
    (c) Non-appropriated fund property.
    (d) Naval vessels of the following categories: Battleships, 
cruisers, aircraft carriers, destroyers, and submarines.
    (e) Vessels of 1500 gross tons or more which the Maritime 
Administration determines to be merchant vessels or capable of 
conversion to merchant use.
    (f) Records of the Federal Government.
    (g) Property that requires reimbursement upon transfer (such as 
abandoned or other unclaimed property that is found on premises owned or 
leased by the Government).
    (h) Controlled substances.
    (i) Items as may be specified from time to time by the GSA Office of 
Governmentwide Policy.



Sec. 102-37.45  How long is property available for donation screening?

    Entities authorized to participate in the donation program may 
screen property, concurrently with Federal agencies, as soon as the 
property is reported as excess up until the surplus release date. The 
screening period is normally 21 calendar days, except as noted in 
Sec. 102-36.95 of this chapter.



Sec. 102-37.50  What is the general process for requesting surplus property for donation?

    The process for requesting surplus property for donation varies, 
depending on who is making the request.
    (a) Donees should submit their requests for property directly to the 
appropriate SASP.
    (b) SASPs and public airports should submit their requests to the 
appropriate GSA regional office. Requests must be submitted on a 
Standard Form (SF) 123, Transfer Order Surplus Personal Property, or its 
electronic equivalent. Public airports must have FAA certify their 
transfer requests prior to submission to GSA for approval. GSA may ask 
SASPs or public airports to submit any additional information required 
to support and justify transfer of the property.
    (c) The American National Red Cross should submit requests to GSA as 
described in subpart G of this part.
    (d) Public bodies, when seeking to acquire property that is being 
abandoned or destroyed, should follow rules and procedures established 
by the donor agency (see subpart H of this part).



Sec. 102-37.55  Who pays for transportation and other costs associated with a donation?

    The receiving organization (the transferee) is responsible for any 
packing, shipping, or transportation charges associated with the 
transfer of surplus property for donation. Those costs, in the case of 
SASPs, may be passed on to donees that receive the property.



Sec. 102-37.60  How much time does a transferee have to pick up or remove surplus property from holding agency premises?

    The transferee (or the transferee's agent) must remove property from 
the holding agency premises within 15 calendar days after being notified 
that the property is available for pickup, unless otherwise coordinated 
with the holding agency. If the transferee decides prior to pickup or 
removal that it no longer needs the property, it must notify the GSA 
regional office that approved the transfer request.



Sec. 102-37.65  What happens to surplus property that has been approved for transfer when the prospective transferee decides it cannot use the property and 
          declines to pick it up?

    When a prospective transferee decides it cannot use surplus property 
that has already been approved for transfer and declines to pick it up, 
the GSA regional office will advise any other SASP or public airport 
known to be interested in the property to submit a transfer request. If 
there is no transfer interest, GSA will release the property for other 
disposal.



Sec. 102-37.70  How should a transferee account for the receipt of a larger or smaller number of items than approved by GSA on the SF 123?

    When the quantity of property received doesn't agree with that 
approved by GSA on the SF 123, the transferee should handle the overage 
or shortage as follows:

[[Page 89]]



------------------------------------------------------------------------
            If . . .                   And . . .          Then . . .
------------------------------------------------------------------------
(a) More property is received     The known or        Submit a SF 123
 than was approved by GSA for      estimated           for the
 transfer.                         acquisition cost    difference to GSA
                                   of the line         (Identify the
                                   item(s) involved    property as an
                                   is $500 or more.    overage and
                                                       include the
                                                       original transfer
                                                       order number.)
                                                       \1\
------------------------------------------------------------------------
(b) Less property is received     The acquisition     Submit a shortage
 than was approved by GSA for      cost of the         report to GSA,
 transfer.                         missing item(s)     with a copy to
                                   is $500 or more.    the holding
                                                       agency.\1\
------------------------------------------------------------------------
(c) The known or estimated                            Annotate on your
 acquisition cost of the                               receiving and
 property is less than $500                            inventory
                                                       records, a
                                                       description of
                                                       the property, its
                                                       known or
                                                       estimated
                                                       acquisition cost,
                                                       and the name of
                                                       the holding
                                                       agency.
------------------------------------------------------------------------
\1\ Submit the SF 123 or shortage report to the GSA approving office
  within 30 calendar days of the date of transfer.



Sec. 102-37.75  What should be included in a shortage report?

    The shortage report should include:
    (a) The name and address of the holding agency;
    (b) All pertinent GSA and holding agency control numbers, in 
addition to the original transfer order number; and
    (c) A description of each line item of property, the condition code, 
the quantity and unit of issue, and the unit and total acquisition cost.



Sec. 102-37.80  What happens to surplus property that isn't transferred for donation?

    Surplus property not transferred for donation is generally offered 
for sale under the provisions of part 101-45 of this title. Under the 
appropriate circumstances (see Sec. 102-36.305 of this chapter), such 
property might be abandoned or destroyed.



Sec. 102-37.85  Can surplus property being offered for sale be withdrawn and approved for donation?

    Yes, surplus property being offered for sale may be withdrawn for 
donation if approved by GSA. GSA will not approve requests for the 
withdrawal of property that has been advertised or listed on a sales 
offering if that withdrawal would be harmful to the overall outcome of 
the sale. GSA will only grant such requests prior to sales award, since 
an award is binding.



            Subpart B--General Services Administration (GSA)



Sec. 102-37.90  What are GSA's responsibilities in the donation of surplus property?

    The General Services Administration (GSA) is responsible for 
supervising and directing the disposal of surplus personal property. In 
addition to issuing regulatory guidance for the donation of such 
property, GSA:
    (a) Determines when property is surplus to the needs of the 
Government;
    (b) Allocates and transfers surplus property on a fair and equitable 
basis to State agencies for surplus property (SASPs) for further 
distribution to eligible donees;
    (c) Oversees the care and handling of surplus property while it is 
in the custody of a SASP;
    (d) Approves all transfers of surplus property to public airports, 
pursuant to the appropriate determinations

[[Page 90]]

made by the Federal Aviation Administration (see subpart F of this 
part);
    (e) Donates to the American National Red Cross property (generally 
blood plasma and related medical materials) originally provided by the 
Red Cross to a Federal agency, but that has subsequently been determined 
surplus to Federal needs (see subpart G of this part);
    (f) Approves, after consultation with the holding agency, foreign 
excess personal property to be returned to the United States for 
donation purposes;
    (g) Coordinates and controls the level of SASP and donee screening 
at Federal installations;
    (h) Imposes appropriate conditions on the donation of surplus 
property having characteristics that require special handling or use 
limitations (see Sec. 102-37.455); and
    (i) Keeps track of and reports on Federal donation programs (see 
Sec. 102-37.105).



Sec. 102-37.95  How will GSA resolve competing transfer requests?

    In case of requests from two or more SASPs, GSA will use the 
allocating criteria in Sec. 102-37.100. When competing requests are 
received from public airports and SASPs, GSA will transfer property 
fairly and equitably, based on such factors as need, proposed use, and 
interest of the holding agency in having the property donated to a 
specific public airport.



Sec. 102-37.100  What factors will GSA consider in allocating surplus property among SASPs?

    GSA allocates property among the SASPs on a fair and equitable basis 
using the following factors:
    (a) Extraordinary needs caused by disasters or emergency situations.
    (b) Requests from the Department of Defense (DOD) for DOD-generated 
property to be allocated through a SASP for donation to a specific 
service educational activity.
    (c) Need and usability of property, as reflected by requests from 
SASPs. GSA will also give special consideration to requests transmitted 
through the SASPs by eligible donees for specific items of property. 
(Requests for property to be used as is will be given preference over 
cannibalization requests.)
    (d) States in greatest need of the type of property to be allocated 
where the need is evidenced by a letter of justification from the 
intended donee.
    (e) Whether a SASP has already received similar property in the 
past, and how much.
    (f) Past performance of a SASP in effecting timely pickup or removal 
of property approved for transfer and making prompt distribution of 
property to eligible donees.
    (g) The property's condition and its original acquisition cost.
    (h) Relative neediness of each State based on the State's population 
and per capita income.



Sec. 102-37.105  Is GSA required to compile any reports concerning the donation program?

    Yes, biennially, GSA must compile a report containing:
    (a) A full and independent evaluation of the operation of programs 
for the donation of surplus property;
    (b) Statistical information on the amount of surplus property 
approved for transfer to the SASPs and donated to eligible non-Federal 
organizations during the report period (as well as the amount of excess 
personal property transferred to Federal agencies and provided to 
grantees and non-Federal organizations); and
    (c) Any recommendations GSA wishes to make on the donation program.



                        Subpart C--Holding Agency



Sec. 102-37.110  What are a holding agency's responsibilities in the donation of surplus property?

    Your donation responsibilities as a holding agency begin when you 
determine that property is to be declared excess. You must then:
    (a) Let GSA know if you have a donee in mind for foreign gift items 
or airport property, as provided for in Sec. 102-37.525 and Sec. 102-
42.95(h) of this chapter;
    (b) Cooperate with all entities authorized to participate in the 
donation program and their authorized representatives in locating, 
screening, and inspecting excess or surplus property for possible 
donation;

[[Page 91]]

    (c) Set aside surplus property selected by a screener pending GSA 
approval of the transfer;
    (d) Upon receipt of a GSA-approved transfer document, promptly ship 
or release property to the transferee (or the transferee's designated 
agent) in accordance with pickup or shipping instructions on the 
transfer document;
    (e) Notify the approving GSA regional office if surplus property to 
be picked up is not removed within 15 calendar days after you notify the 
transferee (or its agent) of its availability. (GSA will advise you of 
further disposal instructions.); and
    (f) Perform and bear the cost of care and handling of surplus 
property pending its disposal, except as provided in Sec. 102-37.115.



Sec. 102-37.115  May a holding agency be reimbursed for costs incurred incident to a donation?

    Yes, you, as a holding agency, may charge the transferee for the 
direct costs you incurred incident to a donation transfer, such as your 
packing, handling, crating, and transportation expenses. However, you 
may not include overhead or administrative costs in these charges.



Sec. 102-37.120  May a holding agency donate surplus property directly to eligible non-Federal recipients without going through GSA?

    Generally, a holding agency may not donate surplus property directly 
to eligible non-Federal recipients without going through GSA, except for 
the situations listed in Sec. 102-37.125.



Sec. 102-37.125  What are some donations that do not require GSA's approval?

    (a) Some donations of surplus property that do not require GSA's 
approval are:
    (1) Donations of condemned, obsolete, or other specified material by 
a military department or the Coast Guard to recipients eligible under 10 
U.S.C. 2572, 10 U.S.C. 7306, 10 U.S.C. 7541, 10 U.S.C. 7545, and 14 
U.S.C. 641a (see Appendix A of this part for details). However, such 
property must first undergo excess Federal and surplus donation 
screening as required in this part and part 102-36 of this chapter;
    (2) Donations by holding agencies to public bodies under subpart H 
of this part;
    (3) Donations by the Small Business Administration to small 
disadvantaged businesses under 13 CFR part 124; and
    (4) Donations by holding agencies of law enforcement canines to 
their handlers under 40 U.S.C. 484(r).
    (b) You may also donate property directly to eligible non-Federal 
recipients under other circumstances if you have statutory authority to 
do so. All such donations must be included on your annual report to GSA 
under Sec. 102-36.300 of this chapter.



           Subpart D--State Agency for Surplus Property (SASP)



Sec. 102-37.130  What are a SASP's responsibilities in the donation of surplus property?

    As a SASP, your responsibilities in the donation of surplus property 
are to:
    (a) Determine whether or not an entity seeking to obtain surplus 
property is eligible for donation as a:
    (1) Public agency;
    (2) Nonprofit educational or public health institution; or
    (3) Program for older individuals.
    (b) Distribute surplus property fairly, equitably, and promptly to 
eligible donees in your State based on their relative needs and 
resources, and ability to use the property, and as provided in your 
State plan of operation.
    (c) Enforce compliance with the terms and conditions imposed on 
donated property.



Sec. 102-37.135  How does a SASP become eligible to distribute surplus property to donees?

    In order to receive transfers of surplus property, a SASP must:
    (a) Have a GSA-approved State plan of operation; and
    (b) Provide the certifications and agreements as set forth in 
Secs. 102-37.200 and 102-37.205.

                         State Plan of Operation



Sec. 102-37.140  What is a State plan of operation?

    A State plan of operation is a document developed under State law 
and

[[Page 92]]

approved by GSA in which the State sets forth a plan for the management 
and administration of the SASP in the donation of property.



Sec. 102-37.145  Who is responsible for developing, certifying, and submitting the plan?

    The State legislature must develop the plan. The chief executive 
officer of the State must submit the plan to the Administrator of 
General Services for acceptance and certify that the SASP is authorized 
to:
    (a) Acquire and distribute property to eligible donees in the State;
    (b) Enter into cooperative agreements; and
    (c) Undertake other actions and provide other assurances as are 
required by subsection 203(j)(4) of the Property Act (40 U.S.C. 484(j)) 
and set forth in the plan.



Sec. 102-37.150  What must a State legislature include in the plan?

    The State legislature must ensure the plan conforms to the 
provisions of subsection 203(j)(4) of the Property Act (40 U.S.C. 
484(j)) and includes the information and assurances set forth in 
Appendix B of this part. It may also include in the plan other 
provisions not inconsistent with the purposes of the Property Act and 
the requirements of this part.



Sec. 102-37.155  When does a plan take effect?

    The plan takes effect on the date GSA notifies the chief executive 
officer of the State that the plan is approved.



Sec. 102-37.160  Must GSA approve amendments or modifications to the plan?

    Yes, GSA must approve amendments or modifications to the plan.



Sec. 102-37.165  Do plans or major amendments require public notice?

    Yes, proposed plans and major amendments to existing plans require 
general notice to the public for comment. A State must publish a general 
notice of the plan or amendment at least 60 calendar days in advance of 
filing the proposal with GSA and provide interested parties at least 30 
calendar days to submit comments before filing the proposal.



Sec. 102-37.170  What happens if a SASP does not operate in accordance with its plan?

    If a SASP does not operate in accordance with its plan, GSA may 
withhold allocation and transfer of surplus property until the 
nonconformance is corrected.

                    Screening and Requesting Property



Sec. 102-37.175  How does a SASP find out what property is potentially available for donation?

    A SASP may conduct onsite screening at various Federal facilities, 
contact or submit want lists to GSA, or use GSA's or other agencies' 
computerized inventory system to electronically search for property that 
is potentially available for donation (see Sec. 102-36.90 for 
information on GSA's system, FEDS).



Sec. 102-37.180  Does a SASP need special authorization to screen property at Federal facilities?

    Yes, SASP personnel or donee personnel representing a SASP must have 
a valid screener-identification card (GSA Optional Form 92, Screener's 
Identification, or other suitable identification approved by GSA) before 
screening and selecting property at holding agencies. However, SASP or 
donee personnel do not need a screener-ID card to inspect or remove 
property previously set aside or approved by GSA for transfer.



Sec. 102-37.185  How does a SASP obtain screening authorization for itself or its donees?

    (a) To obtain screening authorization for itself or donees, a SASP 
must submit an Optional Form 92 (with the signature and an affixed 
passport-style photograph of the screener applicant) and a written 
request to the GSA regional office serving the area in which the 
intended screener is located. The request must:
    (1) State the prospective screener's name and the name and address 
of the organization he or she represents;

[[Page 93]]

    (2) Specify the period of time and location(s) in which screening 
will be conducted; and
    (3) Certify that the applicant is qualified to screen property.
    (b) If the request is approved, GSA will complete the Optional Form 
92 and return it to the SASP for issuance to the screener.



Sec. 102-37.190  What records must a SASP maintain on authorized screeners?

    You must maintain a current record of all individuals authorized to 
screen for your SASP, including their names, addresses, telephone 
numbers, qualifications to screen, and any additional identifying 
information such as driver's license or social security numbers. In the 
case of donee screeners, you should place such records in the donee's 
eligibility file and review for currency each time a periodic review of 
the donee's file is undertaken.



Sec. 102-37.195  Does a SASP have to have a donee in mind to request surplus property?

    Generally yes, you should have a firm requirement or an anticipated 
demand for any property that you request.



Sec. 102-37.200  What certifications must a SASP make when requesting surplus property for donation?

    When requesting or applying for property, you must certify that:
    (a) You are the agency of the State designated under State law that 
has legal authority under subsection 203(j) of the Property Act (40 
U.S.C. 484(j)) and GSA regulations, to receive property for distribution 
within the State to eligible donees as defined in this part.
    (b) No person with supervisory or managerial duties in your State's 
donation program is debarred, suspended, ineligible, or voluntarily 
excluded from participating in the donation program.
    (c) The property is usable and needed within the State by:
    (1) A public agency for one or more public purposes.
    (2) An eligible nonprofit organization or institution which is 
exempt from taxation under section 501 of the Internal Revenue Code (26 
U.S.C. 501), for the purpose of education or public health (including 
research for any such purpose).
    (3) An eligible nonprofit activity for programs for older 
individuals.
    (4) A service educational activity (SEA), for DOD-generated property 
only.
    (d) When property is picked up by, or shipped to, your SASP, you 
have adequate and available funds, facilities, and personnel to provide 
accountability, warehousing, proper maintenance, and distribution of the 
property.
    (e) When property is distributed by your SASP to a donee, or when 
delivery is made directly from a holding agency to a donee pursuant to a 
State distribution document, you have determined that the donee 
acquiring the property is eligible within the meaning of the Property 
Act and GSA regulations, and that the property is usable and needed by 
the donee.



Sec. 102-37.205  What agreements must a SASP make?

    With respect to surplus property picked up by or shipped to your 
SASP, you must agree to the following:
    (a) You will make prompt statewide distribution of such property, on 
a fair and equitable basis, to donees eligible to acquire property under 
section 203(j) of the Property Act (40 U.S.C. 484(j)) and GSA 
regulations. You will distribute property only after such eligible 
donees have properly executed the appropriate certifications and 
agreements established by your SASP and/or GSA.
    (b) Title to the property remains in the United States Government 
although you have taken possession of it. Conditional title to the 
property will pass to the eligible donee when the donee executes the 
required certifications and agreements and takes possession of the 
property.
    (c) You will:
    (1) Promptly pay the cost of care, handling, and shipping incident 
to taking possession of the property.
    (2) During the time that title remains in the United States 
Government, be responsible as a bailee for the property from the time it 
is released to you or to the transportation agent you have designated.

[[Page 94]]

    (3) In the event of any loss of or damage to any or all of the 
property during transportation or storage at a place other than a place 
under your control, take the necessary action to obtain restitution 
(fair market value) for the Government. In the event of loss or damage 
due to negligence or willful misconduct on your part, repair, replace, 
or pay to the GSA the fair market value of any such property, or take 
such other action as the GSA may direct.
    (d) You may retain property to perform your donation program 
functions, but only when authorized by GSA in accordance with the 
provisions of a cooperative agreement entered into with GSA.
    (e) When acting under an interstate cooperative distribution 
agreement (see Sec. 102-37.335) as an agent and authorized 
representative of an adjacent State, you will:
    (1) Make the certifications and agreements required in Sec. 102-
37.200 and this section on behalf of the adjacent SASP.
    (2) Require the donee to execute the distribution documents of the 
State in which the donee is located.
    (3) Forward copies of the distribution documents to the 
corresponding SASP.
    (f) You will not discriminate on the basis of race, color, national 
origin, sex, age, or handicap in the distribution of property, and will 
comply with GSA regulations on nondiscrimination as set forth in part 
101-6, subpart 101-6.2, and part 101-8 of this title.
    (g) You will not seek to hold the United States Government liable 
for consequential or incidental damages or the personal injuries, 
disabilities, or death to any person arising from the transfer, 
donation, use, processing, or final disposition of this property. The 
Government's liability in any event is limited in scope to that provided 
for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq.).



Sec. 102-37.210  Must a SASP make a drug-free workplace certification when requesting surplus property for donation?

    No, you must certify that you will provide a drug-free workplace 
only as a condition for retaining surplus property for SASP use. Drug-
free workplace certification requirements are found at part 105-68, 
subpart 105-68.6, of this title.



Sec. 102-37.215  When must a SASP make a certification regarding lobbying?

    You are subject to the anti-lobbying certification and disclosure 
requirements in part 105-69 of this title when all of the following 
conditions apply:
    (a) You have entered into a cooperative agreement with GSA that 
provides for your SASP to retain surplus property for use in performing 
donation functions or any other cooperative agreement.
    (b) The cooperative agreement was executed after December 23, 1989.
    (c) The fair market value of the property requested under the 
cooperative agreement is more than $100,000.

                  Justifying Special Transfer Requests



Sec. 102-37.220  Are there special types of surplus property that require written justification when submitting a transfer request?

    Yes, a SASP must obtain written justification from the intended 
donee, and submit it to GSA along with the transfer request, prior to 
allocation of:
    (a) Aircraft and vessels covered by Sec. 102-37.455;
    (b) Items requested specifically for cannibalization;
    (c) Foreign gifts and decorations (see part 102-42 of this chapter);
    (d) Items containing 50 parts per million or greater of 
polychlorinated biphenyl (see part 101-42 of this title);
    (e) Firearms as described in part 101-42 of this title; and
    (f) Any item on which written justification will assist GSA in 
making allocation to States with the greatest need.



Sec. 102-37.225  What information or documentation must a SASP provide when requesting a surplus aircraft or vessel?

    (a) For each SF 123 that you submit to GSA for transfer of a surplus 
aircraft or vessel covered by Sec. 102-37.455 include:
    (1) A letter of intent, signed and dated by the authorized 
representative of the proposed donee setting forth a

[[Page 95]]

detailed plan of utilization for the property (see Sec. 102-37.230 for 
information a donee has to include in the letter of intent); and
    (2) A letter, signed and dated by you, confirming and certifying the 
applicant's eligibility and containing an evaluation of the applicant's 
ability to use the aircraft or vessel for the purpose stated in its 
letter of intent and any other supplemental information concerning the 
needs of the donee which supports making the allocation.
    (b) For each SF 123 that GSA approves, you must include:
    (1) Your distribution document, signed and dated by the authorized 
donee representative; and
    (2) A conditional transfer document, signed by you and the intended 
donee, and containing the special terms and conditions prescribed by 
GSA.



Sec. 102-37.230  What must a letter of intent for obtaining surplus aircraft or vessels include?

    A letter of intent for obtaining surplus aircraft or vessels must 
provide:
    (a) A description of the aircraft or vessel requested. If the item 
is an aircraft, the description must include the manufacturer, date of 
manufacture, model, and serial number. If the item is a vessel, it must 
include the type, name, class, size, displacement, length, beam, draft, 
lift capacity, and the hull or registry number, if known;
    (b) A detailed description of the donee's program and the number and 
types of aircraft or vessels it currently owns;
    (c) A detailed description of how the aircraft or vessel will be 
used, its purpose, how often and for how long. If an aircraft is 
requested for flight purposes, the donee must specify a source of 
pilot(s) and where the aircraft will be housed. If an aircraft is 
requested for cannibalization, the donee must provide details of the 
cannibalization process (time to complete the cannibalization process, 
how recovered parts are to be used, method of accounting for usable 
parts, disposition of unsalvageable parts, etc.) If a vessel is 
requested for waterway purposes, the donee must specify a source of 
pilot(s) and where the vessel will be docked. If a vessel is requested 
for permanent docking on water or land, the donee must provide details 
of the process, including the time to complete the process; and
    (d) Any supplemental information (such as geographical area and 
population served, number of students enrolled in educational programs, 
etc.) supporting the donee's need for the aircraft or vessel.



Sec. 102-37.235  What type of information must a SASP provide when requesting surplus property for cannibalization?

    When a donee wants surplus property to cannibalize, include the 
following statement on the SF 123: ``Line Item Number(s)------requested 
for cannibalization.''. In addition to including this statement, provide 
a detailed justification concerning the need for the components or 
accessories and an explanation of the effect removal will have on the 
item. GSA will approve requests for cannibalization only when it is 
clear from the justification that disassembly of the item for use of its 
component parts will provide greater potential benefit than use of the 
item in its existing form.



Sec. 102-37.240  How must a transfer request for surplus firearms be justified?

    To justify a transfer request for surplus firearms, the requesting 
SASP must obtain and submit to GSA a letter of intent from the intended 
donee that provides:
    (a) Identification of the donee applicant, including its legal name 
and complete address and the name, title, and telephone number of its 
authorized representative;
    (b) The number of compensated officers with the power to apprehend 
and to arrest;
    (c) A description of the firearm(s) requested;
    (d) Details on the planned use of the firearm(s); and
    (e) The number and types of donated firearms received during the 
previous 12 months through any other Federal program.

[[Page 96]]

                     Custody, Care, and Safekeeping



Sec. 102-37.245  What must a SASP do to safeguard surplus property in its custody?

    To safeguard surplus property in your custody, you must provide 
adequate protection of property in your custody, including protection 
against the hazards of fire, theft, vandalism, and weather.



Sec. 102-37.250  What actions must a SASP take when it learns of damage to or loss of surplus property in its custody?

    If you learn that surplus property in your custody has been damaged 
or lost, you must always notify GSA and notify the appropriate law 
enforcement officials if a crime has been committed.



Sec. 102-37.255  Must a SASP insure surplus property against loss or damage?

    No, you are not required to carry insurance on Federal surplus 
property in your custody. However, if you elect to carry insurance and 
the insured property is lost or damaged, you must submit a check made 
payable to GSA for any insurance proceeds received in excess of your 
actual costs of acquiring and rehabilitating the property prior to its 
loss, damage, or destruction.

                        Distribution of Property



Sec. 102-37.260  How must a SASP document the distribution of surplus property?

    All SASPs must document the distribution of Federal surplus property 
on forms that are prenumbered, provide for donees to indicate the 
primary purposes for which they are acquiring property, and include the:
    (a) Certifications and agreements in Secs. 102-37.200 and 102-
37.205; and
    (b) Period of restriction during which the donee must use the 
property for the purpose for which it was acquired.



Sec. 102-37.265  May a SASP distribute surplus property to eligible donees of another State?

    Yes, you may distribute surplus property to eligible donees of 
another State, if you and the other SASP determine that such an 
arrangement will be of mutual benefit to you and the donees concerned. 
Where such determinations are made, an interstate distribution 
cooperative agreement must be prepared as prescribed in Sec. 102-37.335 
and submitted to the appropriate GSA regional office for approval. When 
acting under an interstate distribution cooperative agreement, you must:
    (a) Require the donee recipient to execute the distribution 
documents of its home SASP; and
    (b) Forward copies of executed distribution documents to the donee's 
home SASP.



Sec. 102-37.270  May a SASP retain surplus property for its own use?

    Yes, you can retain surplus property for use in operating the 
donation program, but only if you have a cooperative agreement with GSA 
that allows you to do so. You must obtain prior GSA approval before 
using any surplus property in the operation of the SASP. Make your needs 
known by submitting a listing of needed property to the appropriate GSA 
regional office for approval. GSA will review the list to ensure that it 
is of the type and quantity of property that is reasonably needed and 
useful in performing SASP operations. GSA will notify you within 30 
calendar days whether you may retain the property for use in your 
operations. Title to any surplus property GSA approves for your 
retention will vest in your SASP. You must maintain separate records for 
such property.

                      Service and Handling Charges



Sec. 102-37.275  May a SASP accept personal checks and non-official payment methods in payment of service charges?

    No, service charge payments must readily identify the donee 
institution as the payer (or the name of the parent organization when 
that organization pays the operational expenses of the donee). Personal 
checks, personal cashier checks, personal money orders, and personal 
credit cards are not acceptable.

[[Page 97]]



Sec. 102-37.280  How may a SASP use service charge funds?

    Funds accumulated from service charges may be deposited, invested, 
or used in accordance with State law to:
    (a) Cover direct and reasonable indirect costs of operating the 
SASP;
    (b) Purchase necessary equipment for the SASP;
    (c) Maintain a reasonable working capital reserve;
    (d) Rehabilitate surplus property, including the purchase of 
replacement parts;
    (e) Acquire or improve office or distribution center facilities; or
    (f) Pay for the costs of internal and external audits.



Sec. 102-37.285  May a SASP use service charge funds to support non-SASP State activities and programs?

    No, except as provided in Sec. 102-37.495, you must use funds 
collected from service charges, or from other sources such as proceeds 
from sale of undistributed property or funds collected from compliance 
cases, solely for the operation of the SASP and the benefit of 
participating donees.

                   Disposing of Undistributed Property



Sec. 102-37.290  What must a SASP do with surplus property it cannot donate?

    (a) As soon as it becomes clear that you cannot donate the surplus 
property, you should first determine whether or not the property is 
usable.
    (1) If you determine that the undistributed surplus property is not 
usable, you should seek GSA approval to abandon or destroy the property 
in accordance with Sec. 102-37.320.
    (2) If you determine that the undistributed surplus property is 
usable, you should immediately offer it to other SASPs. If other SASPs 
cannot use the property, you should promptly report it to GSA for 
redisposal (i.e., disposition through retransfer, sale, or other means).
    (b) Normally, any property not donated within a 1-year period should 
be processed in this manner.



Sec. 102-37.295  Must GSA approve a transfer between SASPs?

    Yes, the requesting SASP must submit a SF 123, Transfer Order 
Surplus Personal Property, to the GSA regional office in which the 
releasing SASP is located. GSA will approve or disapprove the request 
within 30 calendar days of receipt of the transfer order.



Sec. 102-37.300  What information must a SASP provide GSA when reporting unneeded usable property for disposal?

    When reporting unneeded usable property that is not required for 
transfer to another SASP, provide GSA with the:
    (a) Best possible description of each line item of property, its 
current condition code, quantity, unit and total acquisition cost, State 
serial number, demilitarization code, and any special handling 
conditions;
    (b) Date you received each line item of property listed; and
    (c) Certification of reimbursement requested under Sec. 102-37.315.



Sec. 102-37.305  May a SASP act as GSA's agent in selling undistributed surplus property (either as usable property or scrap)?

    Yes, you may act as GSA's agent in selling undistributed surplus 
property (either as usable property or scrap) if an established 
cooperative agreement with GSA permits such an action. You must notify 
GSA each time you propose to conduct a sale under the cooperative 
agreement. You may request approval to conduct a sale when reporting the 
property to GSA for disposal instructions. If no formal agreement 
exists, you may submit such an agreement at that time for approval.



Sec. 102-37.310  What must a proposal to sell undistributed surplus property include?

    (a) Your request to sell undistributed surplus property must 
include:
    (1) The proposed sale date;
    (2) A listing of the property;
    (3) Location of the sale;
    (4) Method of sale; and
    (5) Proposed advertising to be used.
    (b) If the request is approved, the GSA regional sales office will 
provide

[[Page 98]]

the necessary forms and instructions for you to use in conducting the 
sale.



Sec. 102-37.315  What costs may a SASP recover if undistributed surplus property is retransferred or sold?

    (a) When undistributed surplus property is transferred to a Federal 
agency or another SASP, or disposed of by public sale, you are entitled 
to recoup:
    (1) Direct costs you initially paid to the Federal holding agency, 
including but not limited to, packing, preparation for shipment, and 
loading. You will not be reimbursed for actions following receipt of the 
property, including unloading, moving, repairing, preserving, or 
storage.
    (2) Transportation costs you incurred, but were not reimbursed by a 
donee, for initially moving the property from the Federal holding agency 
to your distribution facility or other point of receipt. You must 
document and certify the amount of reimbursement requested for these 
costs.
    (b) Reimbursable arrangements should be made prior to transfer of 
the property. In the case of a Federal transfer, GSA will secure 
agreement of the Federal agency to reimburse your authorized costs, and 
annotate the amount of reimbursement on the transfer document. You must 
coordinate and make arrangements for reimbursement when property is 
transferred to another SASP. If you and the receiving SASP cannot agree 
on an appropriate reimbursement charge, GSA will determine appropriate 
reimbursement. The receiving SASP must annotate the reimbursement amount 
on the transfer document prior to its being forwarded to GSA for 
approval.
    (c) When undistributed property is disposed of by public sale, GSA 
must approve the amount of sales proceeds you may receive to cover your 
costs. Generally, this will not exceed 50 percent of the total sales 
proceeds.



Sec. 102-37.320  Under what conditions may a SASP abandon or destroy undistributed surplus property?

    (a) You may abandon or destroy undistributed surplus property when 
you have made a written finding that the property has no commercial 
value or the estimated cost of its continued care and handling would 
exceed the estimated proceeds from its sale. The abandonment or 
destruction finding must be sent to the appropriate GSA regional office 
for approval. You must include in the finding:
    (1) The basis for the abandonment or destruction;
    (2) A detailed description of the property, its condition, and total 
acquisition cost;
    (3) The proposed method of destruction (burning, burying, etc.) or 
the abandonment location;
    (4) A statement confirming that the proposed abandonment or 
destruction will not be detrimental or dangerous to public health or 
safety and will not infringe on the rights of other persons; and
    (5) The signature of the SASP director requesting approval for the 
abandonment or destruction.
    (b) GSA will notify you within 30 calendar days whether you may 
abandon or destroy the property. GSA will provide alternate disposition 
instructions if it disapproves your request for abandonment or 
destruction. If GSA doesn't reply to you within 30 calendar days of 
notification, the property may be abandoned or destroyed.

                         Cooperative Agreements



Sec. 102-37.325  With whom and for what purpose(s) may a SASP enter into a cooperative agreement?

    Section 203(n) of the Property Act (40 U.S.C. 484(n)) allows GSA, or 
Federal agencies designated by GSA, to enter into cooperative agreements 
with SASPs to carry out the surplus property donation program. Such 
agreements allow GSA, or the designated Federal agencies, to use the 
SASP's property, facilities, personnel, or services or to furnish such 
resources to the SASP. For example:
    (a) Regional GSA personal property management offices, or designated 
Federal agencies, may enter into a cooperative agreement to assist a 
SASP in distributing surplus property for donation. Assistance may 
include:
    (1) Furnishing the SASP with available GSA or agency office space 
and related support such as office furniture and information technology 
equipment

[[Page 99]]

needed to screen and process property for donation.
    (2) Permitting the SASP to retain items of surplus property 
transferred to the SASP that are needed by the SASP in performing its 
donation functions (see Sec. 102-37.270).
    (b) Regional GSA personal property management offices may help the 
SASP to enter into agreements with other GSA or Federal activities for 
the use of Federal telecommunications service or federally-owned real 
property and related personal property.
    (c) A SASP may enter into a cooperative agreement with GSA to 
conduct sales of undistributed property on behalf of GSA (see Sec. 102-
37.305).



Sec. 102-37.330  Must the costs of providing support under a cooperative agreement be reimbursed by the parties receiving such support?

    The parties to a cooperative agreement must decide among themselves 
the extent to which the costs of the services they provide must be 
reimbursed. Their decision should be reflected in the cooperative 
agreement itself. As a general rule, the Economy Act (31 U.S.C. 1535) 
would require a Federal agency receiving services from a SASP to 
reimburse the SASP for those services. Since SASPs are not Federal 
agencies, the Economy Act would not require them to reimburse Federal 
agencies for services provided by such agencies. In this situation, the 
Federal agencies would have to determine whether or not their own 
authorities would permit them to provide services to SASPs without 
reimbursement. If a Federal agency is reimbursed by a SASP for services 
provided under a cooperative agreement, it must credit that payment to 
the fund or appropriation that incurred the related costs.



Sec. 102-37.335  May a SASP enter into a cooperative agreement with another SASP?

    Yes, with GSA's concurrence and where authorized by State law, a 
SASP may enter into an agreement with an adjacent State to act as its 
agent and authorized representative in disposing of surplus Federal 
property. Interstate cooperative agreements may be considered when 
donees, because of their geographic proximity to the property 
distribution centers of the adjoining State, could be more efficiently 
and economically serviced by surplus property facilities in the adjacent 
State. You and the other SASP must agree to the payment or reimbursement 
of service charges by the donee and you also must agree to the 
requirements of Sec. 102-37.205(e).



Sec. 102-37.340  When may a SASP terminate a cooperative agreement?

    You may terminate a cooperative agreement with GSA 60-calendar days 
after providing GSA with written notice. For other cooperative 
agreements with other authorized parties, you or the other party may 
terminate the agreement as mutually agreed. You must promptly notify GSA 
when such other agreements are terminated.

                           Audits and Reviews



Sec. 102-37.345  When must a SASP be audited?

    For each year in which a SASP receives $300,000 or more a year in 
surplus property or other Federal assistance, it must be audited in 
accordance with the Single Audit Act (31 U.S.C. 7501-7507) as 
implemented by Office of Management and Budget (OMB) Circular A-133, 
``Audits of States, Local Governments, and Non-Profit Organizations'' 
(for availability see 5 CFR 1310.3). GSA's donation program should be 
identified by Catalog of Federal Domestic Assistance number 39.003 when 
completing the required schedule of Federal assistance.



Sec. 102-37.350  Does coverage under the single audit process in OMB Circular A-133 exempt a SASP from other reviews of its program?

    No, although SASPs are covered under the single audit process in OMB 
Circular A-133, from time to time the General Accounting Office (GAO), 
GSA, or other authorized Federal activities may audit or review the 
operations of a SASP. GSA will notify the chief executive officer of the 
State of the reasons for a GSA audit. When requested, you must make 
available financial records and all other records of the SASP for 
inspection by representatives of GSA, GAO, or other authorized Federal 
activities.

[[Page 100]]



Sec. 102-37.355  What obligations does a SASP have to ensure that donees meet Circular A-133 requirements?

    SASPs, if they donate $300,000 or more in Federal property to a 
donee in a fiscal year, must ensure that the donee has an audit 
performed in accordance with Circular A-133. If a donee receives less 
than $300,000 in donated property, the SASP is not expected to assume 
responsibility for ensuring the donee meets audit requirements, beyond 
making sure the donee is aware that the requirements do exist. It is the 
donee's responsibility to identify and determine the amount of Federal 
assistance it has received and to arrange for audit coverage.

                                 Reports



Sec. 102-37.360  What reports must a SASP provide to GSA?

    (a) Quarterly report on donations. Submit a GSA Form 3040, State 
Agency Monthly Donation Report of Surplus Personal Property, to the 
appropriate GSA regional office by the 25th day of the month following 
the quarter being reported. (OMB Control Number 3090-0112 has been 
assigned to this form.) Forms and instructions for completing the form 
are available from your servicing GSA office.
    (b) Additional reports. Make other reports GSA may require to carry 
out its discretionary authority to transfer surplus personal property 
for donation and to report to the Congress on the status and progress of 
the donation program.

                           Liquidating a SASP



Sec. 102-37.365  What steps must a SASP take if the State decides to liquidate the agency?

    Before suspending operations, a SASP must submit to GSA a 
liquidation plan that includes:
    (a) Reasons for the liquidation;
    (b) A schedule for liquidating the agency and the estimated date of 
termination;
    (c) Method of disposing of property on hand under the requirements 
of this part;
    (d) Method of disposing of the agency's physical and financial 
assets;
    (e) Retention of all available records of the SASP for a 2-year 
period following liquidation; and
    (f) Designation of another governmental entity to serve as the 
agency's successor in function until continuing obligations on property 
donated prior to the closing of the agency are fulfilled.



Sec. 102-37.370  Do liquidation plans require public notice?

    Yes, a liquidation plan constitutes a major amendment of a SASP's 
plan of operation and, as such, requires public notice.



Subpart E--Donations to Public Agencies, Service Educational Activities 
              (SEAs), and Eligible Nonprofit Organizations



Sec. 102-37.375  How is the pronoun ``you'' used in this subpart?

    The pronoun ``you,'' when used in this subpart, refers to the State 
agency for surplus property (SASP).



Sec. 102-37.380  What is the statutory authority for donations of surplus Federal property made under this subpart?

    The following statutes provide the authority to donate surplus 
Federal property to different types of recipients:
    (a) Subsection 203(j)(2) of the Property Act (40 U.S.C. 484(j)(2)) 
authorizes surplus property under the control of the Department of 
Defense (DOD) to be donated, through SASPs, to educational activities 
which are of special interest to the armed services (referred to in this 
part 102-37 as service educational activities or SEAs).
    (b) Subsection 203(j)(3) of the Property Act (40 U.S.C. 484(j)(3)) 
authorizes SASPs to donate surplus property to public agencies and to 
nonprofit educational or public health institutions, such as:
    (1) Medical institutions.
    (2) Hospitals.
    (3) Clinics.
    (4) Health centers.
    (5) Drug abuse or alcohol treatment centers.

[[Page 101]]

    (6) Providers of assistance to homeless individuals.
    (7) Providers of assistance to impoverished families and 
individuals.
    (8) Schools.
    (9) Colleges.
    (10) Universities.
    (11) Schools for the mentally disabled.
    (12) Schools for the physically disabled.
    (13) Child care centers.
    (14) Radio and television stations licensed by the Federal 
Communications Commission as educational radio or educational television 
stations.
    (15) Museums attended by the public.
    (16) Libraries, serving free all residents of a community, district, 
State or region.
    (c) Section 213 of the Older Americans Act of 1965, as amended (42 
U.S.C. 3020d), authorizes donations of surplus property to State or 
local government agencies, or nonprofit organizations or institutions, 
that receive Federal funding to conduct programs for older individuals.

                            Donee Eligibility



Sec. 102-37.385  Who determines if a prospective donee applicant is eligible to receive surplus property under this subpart?

    (a) For most public and nonprofit activities, the SASP determines if 
an applicant is eligible to receive property as a public agency, a 
nonprofit educational or public health institution, or for a program for 
older individuals. A SASP may request GSA assistance or guidance in 
making such determinations.
    (b) For applicants that offer courses of instruction devoted to the 
military arts and sciences, the Defense Department will determine 
eligibility to receive surplus property through the SASP as a service 
educational activity or SEA.



Sec. 102-37.390  What basic criteria must an applicant meet before a SASP can qualify it for eligibility?

    To qualify for donation program eligibility through a SASP, an 
applicant must:
    (a) Conform to the definition of one of the categories of eligible 
entities listed in Sec. 102-37.380 (see appendix C of this part for 
definitions);
    (b) Demonstrate that it meets any approval, accreditation, or 
licensing requirements for operation of its program;
    (c) Prove that it is a public agency or a nonprofit and tax-exempt 
organization under section 501 of the Internal Revenue Code;
    (d) Certify that it is not debarred, suspended, or excluded from any 
Federal program, including procurement programs; and
    (e) Operate in compliance with applicable Federal nondiscrimination 
statutes.



Sec. 102-37.395  How can a SASP determine whether an applicant meets any required approval, accreditation, or licensing requirements?

    A SASP may accept the following documentation as evidence that an 
applicant has met established standards for the operation of its 
educational or health program:
    (a) A certificate or letter from a nationally recognized accrediting 
agency affirming the applicant meets the agency's standards and 
requirements.
    (b) The applicant's appearance on a list with other similarly 
approved or accredited institutions or programs when that list is 
published by a State, regional, or national accrediting authority.
    (c) Letters from State or local authorities (such as a board of 
health or a board of education) stating that the applicant meets the 
standards prescribed for approved or accredited institutions and 
organizations.
    (d) In the case of educational activities, letters from three 
accredited or State-approved institutions that students from the 
applicant institution have been and are being accepted.
    (e) In the case of public health institutions, licensing may be 
accepted as evidence of approval, provided the licensing authority 
prescribes the medical requirements and standards for the professional 
and technical services of the institution.
    (f) The awarding of research grants to the institution by a 
recognized authority such as the National Institutes of Health, the 
National Institute of

[[Page 102]]

Education, or by similar national advisory council or organization.



Sec. 102-37.400  What type of eligibility information must a SASP maintain on donees?

    In general, you must maintain the records required by your State 
plan to document donee eligibility (see appendix B of this part). For 
SEAs, you must maintain separate records that include:
    (a) Documentation verifying that the activity has been designated as 
eligible by DOD to receive surplus DOD property.
    (b) A statement designating one or more donee representative(s) to 
act for the SEA in acquiring property.
    (c) A listing of the types of property that are needed or have been 
authorized by DOD for use in the SEA's program.



Sec. 102-37.405  How often must a SASP update donee eligibility records?

    You must update donee eligibility records as needed, but no less 
than every 3 years, to ensure that all documentation supporting the 
donee's eligibility is current and accurate. Annually, you must update 
files for nonprofit organizations whose eligibility depends on annual 
appropriations, annual licensing, or annual certification. Particular 
care must be taken to ensure that all records relating to the authority 
of donee representatives to receive and receipt for property, or to 
screen property at Federal facilities, are current.



Sec. 102-37.410  What must a SASP do if a donee fails to maintain its eligibility status?

    If you determine that a donee has failed to maintain its eligibility 
status, you must terminate distribution of property to that donee, 
recover any usable property still under Federal restriction (as outlined 
in Sec. 102-37.465), and take any other required compliance actions.



Sec. 102-37.415  What should a SASP do if an applicant appeals a negative eligibility determination?

    If an applicant appeals a negative eligibility determination, 
forward complete documentation on the appeal request, including your 
comments and recommendations, to the applicable GSA regional office for 
review and coordination with GSA headquarters. GSA's decision will be 
final.

                         Conditional Eligibility



Sec. 102-37.420  May a SASP grant conditional eligibility to applicants who 

would otherwise qualify as eligible donees, but have been unable to obtain approval, 
          accreditation, or licensing because they are newly organized 
          or their facilities are not yet constructed?

    You may grant conditional eligibility to such an applicant provided 
it submits a statement from any required approving, accrediting, or 
licensing authority confirming it will be approved, accredited, or 
licensed.



Sec. 102-37.425  May a SASP grant conditional eligibility to a not-for-profit organization whose tax-exempt status is pending?

    No, under no circumstances may you grant conditional eligibility 
prior to receiving from the applicant a copy of a letter of 
determination by the Internal Revenue Service stating that the applicant 
is exempt from Federal taxation under section 501 of the Internal 
Revenue Code.



Sec. 102-37.430  What property can a SASP make available to a donee with conditional eligibility?

    You may only make available surplus property that the donee can use 
immediately. You may not make available property that will only be used 
at a later date, for example, after the construction of the donee's 
facility has been completed.

                    Terms and Conditions of Donation



Sec. 102-37.435  For what purposes may donees acquire and use surplus property?

    A donee may acquire and use surplus property only for the following 
authorized purposes:
    (a) Public purposes. A public agency that acquires surplus property 
through a SASP must use such property to carry out or to promote one or 
more public purposes for the people it serves.

[[Page 103]]

    (b) Educational and public health purposes, including related 
research. A nonprofit educational or public health institution must use 
surplus property for education or public health, including research for 
either purpose and assistance to the homeless or impoverished. While 
this does not preclude the use of donated surplus property for a related 
or subsidiary purpose incident to the institution's overall program, the 
property may not be used for a nonrelated or commercial purpose.
    (c) Programs for older individuals. An entity that conducts a 
program for older individuals must use donated surplus property to 
provide services that are necessary for the general welfare of older 
individuals, such as social services, transportation services, nutrition 
services, legal services, and multipurpose senior centers.



Sec. 102-37.440  May donees acquire property for exchange?

    No, a donee may not acquire property with the intent to sell or 
trade it for other assets.



Sec. 102-37.445  What certifications must a donee make before receiving property?

    Prior to a SASP releasing property to a donee, the donee must 
certify that:
    (a) It is a public agency or a nonprofit organization meeting the 
requirements of the Property Act and/or regulations of GSA;
    (b) It is acquiring the property for its own use and will use the 
property for authorized purposes;
    (c) Funds are available to pay all costs and charges incident to the 
donation;
    (d) It will comply with the nondiscrimination regulations issued 
under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-
4), section 606 of title VI of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 476), as amended, section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681-1688), as amended, and 
section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); 
and
    (e) It isn't currently debarred, suspended, declared ineligible, or 
otherwise excluded from receiving the property.



Sec. 102-37.450  What agreements must a donee make?

    Before a SASP may release property to a donee, the donee must agree 
to the following conditions:
    (a) The property is acquired on an ``as is, where is'' basis, 
without warranty of any kind, and it will hold the Government harmless 
from any or all debts, liabilities, judgments, costs, demands, suits, 
actions, or claims of any nature arising from or incident to the 
donation of the property, its use, or final disposition.
    (b) It will return to the SASP, at its own expense, any donated 
property:
    (1) That is not placed in use for the purposes for which it was 
donated within 1 year of donation; or
    (2) Which ceases to be used for such purposes within 1 year after 
being placed in use.
    (c) It will comply with the terms and conditions imposed by the SASP 
on the use of any item of property having a unit acquisition cost of 
$5,000 or more and any passenger motor vehicle or other donated item. 
(Not applicable to SEAs.)
    (d) It agrees that, upon execution of the SASP distribution 
document, it has conditional title only to the property during the 
applicable period of restriction. Full title to the property will vest 
in the donee only after the donee has met all of the requirements of 
this part.
    (e) It will comply with conditions imposed by GSA, if any, requiring 
special handling or use limitations on donated property.
    (f) It will use the property for an authorized purpose during the 
period of restriction.
    (g) It will obtain permission from the SASP before selling, trading, 
leasing, loaning, bailing, cannibalizing, encumbering or otherwise 
disposing of property during the period of restriction, or removing it 
permanently for use outside the State.
    (h) It will report to the SASP on the use, condition, and location 
of donated

[[Page 104]]

property, and on other pertinent matters as the SASP may require from 
time to time.
    (i) If an insured loss of the property occurs during the period of 
restriction, GSA or the SASP (depending on which agency has imposed the 
restriction) will be entitled to reimbursement out of the insurance 
proceeds of an amount equal to the unamortized portion of the fair 
market value of the damaged or destroyed item.

                   Special Handling or Use Conditions



Sec. 102-37.455  On what categories of surplus property has GSA imposed special handling conditions or use limitations?

    GSA has imposed special handling or processing requirements on the 
property discussed in this section. GSA may, on a case-by-case basis, 
prescribe additional restrictions for handling or using these items or 
prescribe special processing requirements on items in addition to those 
listed in this section.
    (a) Aircraft and vessels. The requirements of this section apply to 
the donation of any fixed- or rotary-wing aircraft and donable vessels 
that are 50 feet or more in length, having a unit acquisition cost of 
$5,000 or more, regardless of the purpose for which donated. Such 
aircraft or vessels may be donated to public agencies and eligible 
nonprofit activities provided the aircraft or vessel is not classified 
for reasons of national security and any lethal characteristics are 
removed. The following table provides locations of other policies and 
procedures governing aircraft and vessels:

------------------------------------------------------------------------
              For. . .                             See. . .
------------------------------------------------------------------------
(1) Policies and procedures           Part 101-37, subpart 101-37.6, of
 governing the donation of aircraft    this title.
 parts.
------------------------------------------------------------------------
(2) Documentation needed by GSA to    Sec.  102-37.225.
 process requests for aircraft or
 vessels.
------------------------------------------------------------------------
(3) Special terms, conditions, and    Sec.  102-37.460.
 restrictions imposed on aircraft
 and vessels.
------------------------------------------------------------------------
(4) Guidelines on preparing letters   Sec.  102-37.230.
 of intent for aircraft or vessels.
------------------------------------------------------------------------

    (b) Alcohol. (1) When tax-free or specially denatured alcohol is 
requested for donation, the donee must have a special permit issued by 
the Assistant Regional Commissioner of the appropriate regional office, 
Bureau of Alcohol, Tobacco, and Firearms (BATF), Department of the 
Treasury, in order to acquire the property. Include the BATF use-permit 
number on the SF 123, Transfer Order Surplus Personal Property.
    (2) You may not store tax-free or specially denatured alcohol in 
SASP facilities. You must make arrangements for this property to be 
shipped or transported directly from the holding agency to the 
designated donee.
    (c) Hazardous materials, firearms, and property with unsafe or 
dangerous characteristics. For hazardous materials, firearms, and 
property with unsafe or dangerous characteristics, see part 101-42 of 
this title.
    (d) Franked and penalty mail envelopes and official letterhead. 
Franked and penalty mail envelopes and official letterhead may not be 
donated without the SASP certifying that all Federal Government markings 
will be obliterated before use.

[[Page 105]]



Sec. 102-37.460  What special terms and conditions apply to the donation of aircraft and vessels?

    The following special terms and conditions apply to the donation of 
aircraft and vessels:
    (a) There must be a period of restriction which will expire after 
the aircraft or vessel has been used for the purpose stated in the 
letter of intent (see Sec. 102-37.230) for a period of 5 years, except 
that the period of restriction for a combat-configured aircraft is in 
perpetuity.
    (b) The donee of an aircraft must apply to the FAA for registration 
of an aircraft intended for flight use within 30 calendar days of 
receipt of the aircraft. The donee of a vessel must, within 30 calendar 
days of receipt of the vessel, apply for documentation of the vessel 
under applicable Federal, State, and local laws and must record each 
document with the U.S. Coast Guard at the port of documentation. The 
donee's application for registration or documentation must include a 
fully executed copy of the conditional transfer document and a copy of 
its letter of intent. The donee must provide the SASP and GSA with a 
copy of the FAA registration (and a copy of its FAA Standard 
Airworthiness Certificate if the aircraft is to be flown as a civil 
aircraft) or Coast Guard documentation.
    (c) The aircraft or vessel must be used solely in accordance with 
the executed conditional transfer document and the plan of utilization 
set forth in the donee's letter of intent, unless the donee has amended 
the letter, and it has been approved in writing by the SASP and GSA and 
a copy of the amendment recorded with FAA or the U.S. Coast Guard, as 
applicable.
    (d) In the event any of the terms and conditions imposed by the 
conditional transfer document are breached, title may revert to the 
Government. GSA may require the donee to return the aircraft or vessel 
or pay for any unauthorized disposal, transaction, or use.
    (e) If, during the period of restriction, the aircraft or vessel is 
no longer needed by the donee, the donee must promptly notify the SASP 
and request disposal instructions. A SASP may not issue disposal 
instructions without the prior written concurrence of GSA.
    (f) Military aircraft previously used for ground instruction and/or 
static display (Category B aircraft, as designated by DOD) or that are 
combat-configured (Category C aircraft) may not be donated for flight 
purposes.
    (g) For all aircraft donated for nonflight use, the donee must, 
within 30 calendar days of receipt of the aircraft, turn over to the 
SASP the remaining aircraft historical records (except the records of 
the major components/life limited parts; e.g., engines, transmissions, 
rotor blades, etc., necessary to substantiate their reuse). The SASP in 
turn must transmit the records to GSA for forwarding to the FAA.

                         Release of Restrictions



Sec. 102-37.465  May a SASP modify or release any of the terms and conditions of donation?

    You may alter or grant releases from State-imposed restrictions, 
provided your State plan of operation sets forth the standards by which 
such actions will be taken. You may not grant releases from, or 
amendments or corrections to:
    (a) The terms and conditions you are required by the Property Act to 
impose on the use of passenger motor vehicles and any item of property 
having a unit acquisition cost of $5,000 or more.
    (b) Any special handling condition or use limitation imposed by GSA, 
except with the prior written approval of GSA.
    (c) The statutory requirement that usable property be returned by 
the donee to the SASP if the property has not been placed in use for the 
purposes for which it was donated within 1 year of donation or ceases to 
be used by the donee for those purposes within 1 year of being placed in 
use, except that:
    (1) You may grant authority to the donee to cannibalize property 
items subject to this requirement when you determine that such action 
will result in increased use of the property and that the proposed 
action meets the standards prescribed in your plan of operation.
    (2) You may, with the written concurrence of GSA, grant donees:
    (i) A time extension to place property into use if the delay in 
putting the

[[Page 106]]

property into use was beyond the control and without the fault or 
negligence of the donee.
    (ii) Authority to trade in one donated item for one like item having 
similar use potential.



Sec. 102-37.470  At what point may restrictions be released on property that has been authorized for cannibalization?

    Property authorized for cannibalization must remain under the period 
of restriction imposed by the transfer/distribution document until the 
proposed cannibalization is completed. Components resulting from the 
cannibalization, which have a unit acquisition cost of $5,000 or more, 
must remain under the restrictions imposed by the transfer/distribution 
document. Components with a unit acquisition cost of less than $5,000 
may be released upon cannibalization from the additional restrictions 
imposed by the State. However, these components must continue to be used 
or be otherwise disposed of in accordance with this part.



Sec. 102-37.475  What are the requirements for releasing restrictions on property being considered for exchange?

    GSA must consent to the exchange of donated property under Federal 
restrictions or special handling conditions. The donee must have used 
the donated item for its acquired purpose for a minimum of 6 months 
prior to being considered for exchange, and it must be demonstrated that 
the exchange will result in increased utilization value to the donee. As 
a condition of approval of the exchange, the item being exchanged must 
have remained in compliance with the terms and conditions of the 
donation. Otherwise, Sec. 102-37.485 applies. The item acquired by the 
donee must be:
    (a) Made subject to the period of restriction remaining on the item 
exchanged; and
    (b) Of equal or greater value than the item exchanged.

                       Compliance and Utilization



Sec. 102-37.480  What must a SASP do to ensure that property is used for the purpose(s) for which it was donated?

    You must conduct utilization reviews, as provided in your plan of 
operation, to ensure that donees are using surplus property during the 
period of restriction for the purposes for which it was donated. You 
must fully document your efforts and report all instances of 
noncompliance (misuse or mishandling of property) to GSA.



Sec. 102-37.485  What actions must a SASP take if a review or other information indicates noncompliance with donation terms and conditions?

    If a review or other information indicates noncompliance with 
donation terms and conditions, you must:
    (a) Promptly investigate any suspected failure to comply with the 
conditions of donated property;
    (b) Notify GSA immediately where there is evidence or allegation of 
fraud, wrongdoing by a screener, or nonuse, misuse, or unauthorized 
disposal or destruction of donated property;
    (c) Temporarily defer any further donations of property to any donee 
to be investigated for noncompliance allegations until such time as the 
investigation has been completed and:
    (1) A determination made that the allegations are unfounded and the 
deferment is removed.
    (2) The allegations are substantiated and the donee is proposed for 
suspension or debarment; and
    (d) Take steps to correct the noncompliance or otherwise enforce the 
conditions imposed on use of the property if a donee is found to be in 
noncompliance. Enforcement of compliance may involve:
    (1) Ensuring the property is used by the present donee for the 
purpose for which it was donated.
    (2) Recovering the property from the donee for:
    (i) Redistribution to another donee within the State;
    (ii) Transfer through GSA to another SASP; or

[[Page 107]]

    (iii) Transfer through GSA to a Federal agency.
    (3) Recovering fair market value or the proceeds of disposal in 
cases of unauthorized disposal or destruction.
    (4) Recovering fair rental value for property in cases where the 
property has been loaned or leased to an ineligible user or used for an 
unauthorized purpose.
    (5) Disposing of by public sale property no longer suitable, usable, 
or necessary for donation.



Sec. 102-37.490  When must a SASP coordinate with GSA on compliance actions?

    You must coordinate with GSA before selling or demanding payment of 
the fair market or fair rental value of donated property that is:
    (a) Subject to any special handling condition or use limitation 
imposed by GSA (see Sec. 102-37.455); or
    (b) Not properly used within 1 year of donation or which ceases to 
be properly used within 1 year of being placed in use.



Sec. 102-37.495  How must a SASP handle funds derived from compliance actions?

    You must handle funds derived from compliance actions as follows:
    (a) Enforcement of Federal restrictions. You must promptly remit to 
GSA any funds derived from the enforcement of compliance involving a 
violation of any Federal restriction, for deposit in the Treasury of the 
United States. You must also submit any supporting documentation 
indicating the source of the funds and essential background information.
    (b) Enforcement of State restrictions. You may retain any funds 
derived from a compliance action involving violation of any State-
imposed restriction and use such funds as provided in your State plan of 
operation.

                        Returns and Reimbursement



Sec. 102-37.500  May a donee receive reimbursement for its donation expenses when unneeded property is returned to the SASP?

    When a donee returns unneeded property to a SASP, the donee may be 
reimbursed for all or part of the initial cost of any repairs required 
to make the property usable if:
    (a) The property is transferred to a Federal agency or sold for the 
benefit of the U.S. Government;
    (b) No breach of the terms and conditions of donation has occurred; 
and
    (c) GSA authorizes the reimbursement.



Sec. 102-37.505  How does a donee apply for and receive reimbursement for unneeded property returned to a SASP?

    If the donee has incurred repair expenses for property it is 
returning to a SASP and wishes to be reimbursed for them, it will inform 
the SASP of this. The SASP will recommend for GSA approval a 
reimbursement amount, taking into consideration the benefit the donee 
has received from the use of the property and making appropriate 
deductions for that use.
    (a) If this property is subsequently transferred to a Federal 
agency, the receiving agency will be required to reimburse the donee as 
a condition of the transfer.
    (b) If the property is sold, the donee will be reimbursed from the 
sales proceeds.

                  Special Provisions Pertaining to SEAs



Sec. 102-37.510  Are there special requirements for donating property to SEAs?

    Yes, only DOD-generated property may be donated to SEAs. When 
donating DOD property to an eligible SEA, SASPs must observe any 
restrictions the sponsoring Military Service may have imposed on the 
types of property the SEA may receive.



Sec. 102-37.515  Do SEAs have a priority over other SASP donees for DOD property?

    Yes, SEAs have a priority over other SASP donees for DOD property, 
but only if DOD requests GSA to allocate surplus DOD property through a 
SASP for donation to a specific SEA. In such cases, DOD would be 
expected to clearly identify the items in question and briefly justify 
the request.

[[Page 108]]



                 Subpart F--Donations to Public Airports



Sec. 102-37.520  What is the authority for public airport donations?

    The authority for public airport donations is 49 U.S.C. 47151. 49 
U.S.C. 47151 authorizes executive agencies to give priority 
consideration to requests from a public airport (as defined in 41 U.S.C. 
47102) for the donation of surplus property if the Department of 
Transportation (DOT) considers the property appropriate for airport 
purposes and GSA approves the donation.



Sec. 102-37.525  What should a holding agency do if it wants a public airport to receive priority consideration for excess personal property it has reported to 
          GSA?

    A holding agency interested in giving priority consideration to a 
public airport should annotate its reporting document to make GSA aware 
of this interest. In an addendum to the document, include the name of 
the requesting airport, specific property requested, and a brief 
description of how the airport intends to use the property.



Sec. 102-37.530  What are FAA's responsibilities in the donation of surplus property to public airports?

    In the donation of surplus property to public airports, the Federal 
Aviation Administration (FAA), acting under delegation from the DOT, is 
responsible for:
    (a) Determining the property requirements of any State, political 
subdivision of a State, or tax-supported organization for public airport 
use;
    (b) Setting eligibility requirements for public airports and making 
determinations of eligibility;
    (c) Certifying that property listed on a transfer request is 
desirable or necessary for public airport use;
    (d) Advising GSA of FAA officials authorized to certify transfer 
requests and notifying GSA of any changes in signatory authority;
    (e) Determining and enforcing compliance with the terms and 
conditions under which surplus personal property is transferred for 
public airport use; and
    (f) Authorizing public airports to visit holding agencies for the 
purpose of screening and selecting property for transfer. This 
responsibility includes:
    (1) Issuing a screening pass or letter of authorization to only 
those persons who are qualified to screen.
    (2) Maintaining a current record (to include names, addresses, and 
telephone numbers, and additional identifying information such as 
driver's license or social security numbers) of screeners operating 
under FAA authority and making such records available to GSA upon 
request.
    (3) Recovering any expired or invalid screener authorizations.



Sec. 102-37.535  What information must FAA provide to GSA on its administration of the public airport donation program?

    So that GSA has information on which to base its discretionary 
authority to approve the donation of surplus personal property, FAA 
must:
    (a) Provide copies of internal instructions that outline the scope 
of FAA's oversight program for enforcing compliance with the terms and 
conditions of transfer; and
    (b) Report any compliance actions involving donations to public 
airports.



         Subpart G--Donations to the American National Red Cross



Sec. 102-37.540  What is the authority for donations to the American National Red Cross?

    Subsection 203(l) of the Property Act (40 U.S.C. 484(l)) authorizes 
GSA to donate to the Red Cross, for charitable use, such property as was 
originally derived from or through the Red Cross.



Sec. 102-37.545  What type of property may the American National Red Cross receive?

    The Red Cross may receive surplus gamma globulin, dried plasma, 
albumin, antihemophilic globulin, fibrin foam, surgical dressings, or 
other products or materials it processed, produced, or donated to a 
Federal agency.

[[Page 109]]



Sec. 102-37.550  What steps must the American National Red Cross take to acquire surplus property?

    Upon receipt of information from GSA regarding the availability of 
surplus property for donation, the Red Cross will:
    (a) Have 21 calendar days to inspect the property or request it 
without inspection; and
    (b) Be responsible for picking up property donated to it or 
arranging and paying for its shipment.



Sec. 102-37.555  What happens to property the American National Red Cross does not request?

    Property the Red Cross declines to request will be offered to SASPs 
for distribution to eligible donees. If such property is transferred, 
GSA will require the SASP to ensure that all Red Cross labels or other 
Red Cross identifications are obliterated or removed from the property 
before it is used.



Subpart H--Donations to Public Bodies in Lieu of Abandonment/Destruction



Sec. 102-37.560  What is a public body?

    A public body is any department, agency, special purpose district, 
or other instrumentality of a State or local government; any Indian 
tribe; or any agency of the Federal Government.



Sec. 102-37.565  What is the authority for donations to public bodies?

    Subsection 202(h) of the Property Act (40 U.S.C. 483(h)) authorizes 
the abandonment, destruction, or donation to public bodies of property 
which has no commercial value or for which the estimated cost of 
continued care and handling would exceed the estimated proceeds from its 
sale.



Sec. 102-37.570  What type of property may a holding agency donate under this subpart?

    Only that property a holding agency has made a written determination 
to abandon or destroy (see process in part 102-36 of this chapter) may 
be donated under this subpart. A holding agency may not donate property 
that requires destruction for health, safety, or security reasons. When 
disposing of hazardous materials and other dangerous property, a holding 
agency must comply with all applicable laws and regulations and any 
special disposal requirements in part 101-42 of this title.



Sec. 102-37.575  Is there a special form for holding agencies to process donations?

    There is no special form for holding agencies to process donations. 
A holding agency may use any document that meets its agency's needs for 
maintaining an audit trail of the transaction.



Sec. 102-37.580  Who is responsible for costs associated with the donation?

    The recipient public body is responsible for paying the disposal 
costs incident to the donation, such as packing, preparation for 
shipment, demilitarization (as defined in Sec. 102-36.40 of this 
chapter), loading, and transportation to its site.

       Appendix A to Part 102-37--Miscellaneous Donation Statutes

    The following is a listing of statutes which authorize donations 
which do not require GSA's approval:
    Statute: 10 U.S.C. 2572.
    Donor Agency: Any military department (Army, Navy, and Air Force) or 
the Coast Guard.
    Type of Property: Books, manuscripts, works of art, historical 
artifacts, drawings, plans, models, and condemned or obsolete combat 
material.
    Eligible Recipients: Municipal corporations; soldiers' monument 
associations; museums, historical societies, or historical institutions 
of a State or foreign nation; incorporated museums that are operated and 
maintained for educational purposes only and the charters of which 
denies them the right to operate for profit; posts of the Veterans of 
Foreign Wars of the United States or of the American Legion or a unit of 
any other recognized war veterans' association; local or national units 
of any war veterans' association of a foreign nation which is recognized 
by the national government of that nation or a principal subdivision of 
that nation; and posts of the Sons of Veterans Reserve.

    Statute: 10 U.S.C. 7306.
    Donor Agency: Department of the Navy.
    Type of Property: Any vessel stricken from the Naval Vessel Register 
or any captured vessel in the possession of the Navy.
    Eligible Recipients: States, Commonwealths, or possessions of the 
United States; the District of Columbia; and not-for-profit or nonprofit 
entities.


[[Page 110]]


    Statute: 10 U.S.C. 7541.
    Donor Agency: Department of the Navy.
    Type of Property: Obsolete material not needed for naval purposes.
    Eligible Recipients: Sea scouts of the Boy Scouts of America; Naval 
Sea Cadet Corps; and the Young Marines of the Marine Corps League.

    Statute: 10 U.S.C. 7545.
    Donor Agency: Department of the Navy.
    Type of Property: Captured, condemned, or obsolete ordnance 
material, books, manuscripts, works of art, drawings, plans, and models; 
other condemned or obsolete material, trophies, and flags; and other 
material of historic interest not needed by the Navy.
    Eligible Recipients: States, territories, commonwealths, or 
possessions of the United States, or political subdivisions or municipal 
corporations thereof; the District of Columbia; libraries; historical 
societies; educational institutions whose graduates or students fought 
in World War I or World War II; soldiers' monument associations; State 
museums; museums operated and maintained for educational purposes only, 
whose charter denies it the right to operate for profit; posts of the 
Veterans of Foreign Wars of the United States; American Legion posts; 
recognized war veterans' associations; or posts of the Sons of Veterans 
Reserve.

    Statute: 14 U.S.C. 641(a).
    Donor Agency: Coast Guard.
    Type of Property: Obsolete or other material not needed for the 
Coast Guard.
    Eligible Recipients: Coast Guard Auxiliary; sea scout service of the 
Boy Scouts of America; and public bodies or private organizations not 
organized for profit.

    Appendix B to Part 102-37--Elements of a State Plan of Operation

    The following is the information and assurances that must be 
included in a SASP's plan of operation:

                         State Plan Requirements
------------------------------------------------------------------------
       Regarding . . .                    The plan must . . .
------------------------------------------------------------------------
(a) Designation of a SASP....  (1) Name the State agency that will be
                                responsible for administering the plan.
                               (2) Describe the responsibilities vested
                                in the agency which must include the
                                authorities to acquire, warehouse and
                                distribute surplus property to eligible
                                donees, carry out other requirements of
                                the State plan, and provide details
                                concerning the organization of the
                                agency, including supervision, staffing,
                                structure, and physical facilities.
                               (3) Indicate the organizational status of
                                the agency within the State governmental
                                structure and the title of the State
                                official who directly supervises the
                                State agent.
------------------------------------------------------------------------
(b) Operational authority....  Include copies of existing State statutes
                                and/or executive orders relative to the
                                operational authority of the SASP. Where
                                express statutory authority does not
                                exist or is ambiguous, or where
                                authority exists by virtue of executive
                                order, the plan must include also the
                                opinion of the State's Attorney General
                                regarding the existence of such
                                authority.
------------------------------------------------------------------------
(c) Inventory control and      (1) Require the SASP to use a management
 accounting system.             control and accounting system that
                                effectively governs the utilization,
                                inventory control, accountability, and
                                disposal of property.
                               (2) Provide a detailed explanation of the
                                inventory control and accounting system
                                that the SASP will use.
                               (3) Provide that property retained by the
                                SASP to perform its functions be
                                maintained on separate records from
                                those of donable property.
------------------------------------------------------------------------
(d) Return of donated          (1) Require the SASP to provide for the
 property.                      return of donated property from the
                                donee, at the donee's expense, if the
                                property is still usable as determined
                                by the SASP; and
                               (i) The donee has not placed the property
                                into use for the purpose for which it
                                was donated within 1 year of donation;
                                or
                               (ii) The donee ceases to use the property
                                within 1 year after placing it in use.
                               (2) Specify that return of property can
                                be accomplished by:
                               (i) Physical return to the SASP facility,
                                if required by the SASP.
                               (ii) Retransfer directly to another
                                donee, SASP, or
                               Federal agency, as required by the SASP.
                               (iii) Disposal (by sale or other means)
                                as directed by the SASP.
                               (3) Set forth procedures to accomplish
                                property returns to the SASP,
                                retransfers to other organizations, or
                                disposition by sale, abandonment, or
                                destruction.
------------------------------------------------------------------------
(e) Financing and service      (1) Set forth the means and methods for
 charges.                       financing the SASP. When the State
                                authorizes the SASP to assess and
                                collect service charges from
                                participating donees to cover direct and
                                reasonable indirect costs of its
                                activities, the method of establishing
                                the charges must be set forth in the
                                plan.
                               (2) Affirm that service charges, if
                                assessed, are fair and equitable and
                                based on services performed (or paid
                                for) by the SASP, such as screening,
                                packing, crating, removal, and
                                transportation. When the SASP provides
                                minimal services in connection with the
                                acquisition of property, except for
                                document processing and other
                                administrative actions, the State plan
                                must provide for minimal charges to be
                                assessed in such cases and include the
                                bases of computation.

[[Page 111]]

 
                               (3) Provide that property made available
                                to nonprofit providers of assistance to
                                homeless individuals be distributed at a
                                nominal cost for care and handling of
                                the property.
                               (4) Set forth how funds accumulated from
                                service charges, or from other sources
                                such as sales or compliance proceeds are
                                to be used for the operation of the SASP
                                and the benefit of participating donees.
                               (5) Affirm, if service charge funds are
                                to be deposited or invested, that such
                                deposits or investments are permitted by
                                State law and set forth the types of
                                depositories and/or investments
                                contemplated.
                               (6) Cite State authority to use service
                                charges to acquire or improve SASP
                                facilities and set forth disposition to
                                be made of any financial assets realized
                                upon the sale or other disposal of the
                                facilities.
                               (7) Indicate if the SASP intends to
                                maintain a working capital reserve. If
                                one is to be maintained, the plan should
                                provide the provisions and limitations
                                for it.
                               (8) State if refunds of service charges
                                are to be made to donees when there is
                                an excess in the SASP's working capital
                                reserve and provide details of how such
                                refunds are to be made, such as a
                                reduction in service charges or a cash
                                refund, prorated in an equitable manner.
------------------------------------------------------------------------
(f) Terms and conditions on    (1) Require the SASP to identify terms
 donated property.              and conditions that will be imposed on
                                the donee for any item of donated
                                property with a unit acquisition cost of
                                $5,000 or more and any passenger motor
                                vehicle.
                               (2) Provide that the SASP may impose
                                reasonable terms and conditions on the
                                use of other donated property. If the
                                SASP elects to impose additional terms
                                and conditions, it should list them in
                                the plan. If the SASP wishes to provide
                                for amending, modifying, or releasing
                                any terms or conditions it has elected
                                to impose, it must state in the plan the
                                standards it will use to grant such
                                amendments, modifications or releases.
                               (3) Provide that the SASP will impose on
                                the donation of property, regardless of
                                unit acquisition cost, such conditions
                                involving special handling or use
                                limitations as GSA may determine
                                necessary because of the characteristics
                                of the property.
------------------------------------------------------------------------
(g) Nonutilized or             Provide that, subject to GSA approval,
 undistributed property.        property in the possession of the SASP
                                which donees in the State cannot use
                                will be disposed of by:
                               (1) Transfer to another SASP or Federal
                                agency.
                               (2) Sale.
                               (3) Abandonment or destruction.
                               (4) Other arrangements.
------------------------------------------------------------------------
(h) Fair and equitable         (1) Provide that the SASP will make fair
 distribution.                  and equitable distribution of property
                                to eligible donees in the State based on
                                their relative needs and resources and
                                ability to use the property.
                               (2) Set forth the policies and detailed
                                procedures for effecting a prompt, fair,
                                and equitable distribution.
                               (3) Require that the SASP, insofar as
                                practicable, select property requested
                                by eligible donees and, if requested by
                                the donee, arrange for shipment of the
                                property directly to the donee.
------------------------------------------------------------------------
(i) Eligibility..............  (1) Set forth procedures for the SASP to
                                determine the eligibility of applicants
                                for the donation of surplus personal
                                property.
                               (2) Provide for donee eligibility records
                                to include at a minimum:
                               (i) Legal name and address of the donee.
                               (ii) Status of the donee as a public
                                agency or as an eligible nonprofit
                                activity.
                               (iii) Details on the scope of the donee's
                                program.
                               (iv) Proof of tax exemption under section
                                501 of the Internal Revenue Code if the
                                donee is nonprofit.
                               (v) Proof that the donee is approved,
                                accredited, licensed, or meets any other
                                legal requirement for operation of its
                                program(s).
                               (vi) Financial information.
                               (vii) Written authorization by the
                                donee's governing body or chief
                                administrative officer designating at
                                least one person to act for the donee in
                                acquiring property.
                               (viii) Assurance that the donee will
                                comply with GSA's regulations on
                                nondiscrimination.
                               (ix) Types of property needed.
------------------------------------------------------------------------

[[Page 112]]

 
(j) Compliance and             (1) Provide that the SASP conduct
 utilization.                   utilization reviews for donee compliance
                                with the terms, conditions,
                                reservations, and restrictions imposed
                                by GSA and the SASP on property having a
                                unit acquisition cost of $5,000 or more
                                and any passenger motor vehicle.
                               (2) Provide for the reviews to include a
                                survey of donee compliance with any
                                special handling conditions or use
                                limitations imposed on items of property
                                by GSA.
                               (3) Set forth the proposed frequency of
                                such reviews and provide adequate
                                assurances that the SASP will take
                                effective action to correct
                                noncompliance or otherwise enforce such
                                terms, conditions, reservations, and
                                restrictions.
                               (4) Require the SASP to prepare reports
                                on utilization reviews and compliance
                                actions and provide assurance that the
                                SASP will initiate appropriate
                                investigations of alleged fraud in the
                                acquisition of donated property or
                                misuse of such property.
------------------------------------------------------------------------
(k) Consultation with          (1) Provide for consultation with
 advisory bodies and public     advisory bodies and public and private
 and private groups.            groups which can assist the SASP in
                                determining the relative needs and
                                resources of donees, the proposed
                                utilization of surplus property by
                                eligible donees, and how distribution of
                                surplus property can be effected to fill
                                existing needs of donees.
                               (2) Provide details of how the SASP will
                                accomplish such consultation.
------------------------------------------------------------------------
(l) Audit....................  (1) Provide for periodic internal audits
                                of the operations and financial affairs
                                of the SASP.
                               (2) Provide for compliance with the
                                external audit requirements of Office of
                                Management and Budget Circular No. A-
                                133, ``Audits of States, Local
                                Governments, and Non-Profit
                                Organizations'' (available at
                                www.whitehouse.gov/OMB), and make
                                provisions for the SASP to furnish GSA
                                with:
                               (i) Two copies of any audit report made
                                pursuant to the Circular, or with two
                                copies of those sections that pertain to
                                the Federal donation program.
                               (ii) An outline of all corrective actions
                                and scheduled completion dates for the
                                actions.
                               (3) Provide for cooperation in GSA or
                                Comptroller General conducted audits.
------------------------------------------------------------------------
(m) Cooperative agreements...  If the SASP wishes to enter into, renew,
                                or revise cooperative agreements with
                                GSA or other Federal agencies:
                               (1) Affirm the SASP's intentions to enter
                                into cooperative agreements.
                               (2) Cite the authority for entering into
                                such agreements.
------------------------------------------------------------------------
(n) Liquidation..............  Provide for the SASP to submit a
                                liquidation plan prior to termination of
                                the SASP activities if the State decides
                                to dissolve the SASP.
------------------------------------------------------------------------
(o) Forms....................  Include copies of distribution documents
                                used by the SASP.
------------------------------------------------------------------------
(p) Records..................  Affirm that all official records of the
                                SASP will be retained for a minimum of 3
                                years, except that:
                               (1) Records involving property subject to
                                restrictions for more than 2 years must
                                be kept 1 year beyond the specified
                                period of restriction.
                               (2) Records involving property with
                                perpetual restriction must be retained
                                in perpetuity.
                               (3) Records involving property in
                                noncompliance status must be retained
                                for at least 1 year after the
                                noncompliance case is closed.
------------------------------------------------------------------------

  Appendix C--Glossary of Terms for Determining Eligibility of Public 
                  Agencies and Nonprofit Organizations

    The following is a glossary of terms for determining eligibility of 
public agencies and nonprofit organizations:
    Accreditation means the status of public recognition that an 
accrediting agency grants to an institution or program that meets the 
agency's standards and requirements.
    Accredited means approval by a recognized accrediting board or 
association on a regional, State, or national level, such as a State 
board of education or health; the American Hospital Association; a 
regional or national accrediting association for universities, colleges, 
or secondary schools; or another recognized accrediting association.
    Approved means recognition and approval by the State department of 
education, State department of health, or other appropriate authority 
where no recognized accrediting board, association, or other authority 
exists for the purpose of making an accreditation. For an educational 
institution or an educational program, approval must relate to academic 
or instructional standards established by the appropriate authority. For 
a public health institution or program, approval must relate to the 
medical requirements and standards for the professional and technical 
services of the institution established by the appropriate authority.
    Child care center means a public or nonprofit facility where 
educational, social, health, and nutritional services are provided to 
children through age 14 (or as prescribed

[[Page 113]]

by State law) and that is approved or licensed by the State or other 
appropriate authority as a child day care center or child care center.
    Clinic means an approved public or nonprofit facility organized and 
operated for the primary purpose of providing outpatient public health 
services and includes customary related services such as laboratories 
and treatment rooms.
    College means an approved or accredited public or nonprofit 
institution of higher learning offering organized study courses and 
credits leading to a baccalaureate or higher degree.
    Conservation means a program or programs carried out or promoted by 
a public agency for public purposes involving directly or indirectly the 
protection, maintenance, development, and restoration of the natural 
resources of a given political area. These resources include but are not 
limited to the air, land, forests, water, rivers, streams, lakes and 
ponds, minerals, and animals, fish and other wildlife.
    Drug abuse or alcohol treatment center means a clinic or medical 
institution that provides for the diagnosis, treatment, or 
rehabilitation of alcoholics or drug addicts. These centers must have on 
their staffs, or available on a regular visiting basis, qualified 
professionals in the fields of medicine, psychology, psychiatry, or 
rehabilitation.
    Economic development means a program(s) carried out or promoted by a 
public agency for public purposes to improve the opportunities of a 
given political area for the establishment or expansion of industrial, 
commercial, or agricultural plants or facilities and which otherwise 
assist in the creation of long-term employment opportunities in the area 
or primarily benefit the unemployed or those with low incomes.
    Education means a program(s) to develop and promote the training, 
general knowledge, or academic, technical, and vocational skills and 
cultural attainments of individuals in a community or given political 
area. Public educational programs may include public school systems and 
supporting facilities such as centralized administrative or service 
facilities.
    Educational institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, entity, or organization 
conducting educational programs or research for educational purposes, 
such as a child care center, school, college, university, school for the 
mentally or physically disabled, or an educational radio or television 
station.
    Educational radio or television station means a public or nonprofit 
radio or television station licensed by the Federal Communications 
Commission and operated exclusively for noncommercial educational 
purposes.
    Health center means an approved public or nonprofit facility that 
provides public health services, including related facilities such as 
diagnostic and laboratory facilities and clinics.
    Homeless individual means:
    (1) An individual who lacks a fixed, regular, and adequate nighttime 
residence, or who has a primary nighttime residence that is:
    (i) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing for the mentally ill);
    (ii) An institution that provides a temporary residence for 
individuals intended to be institutionalized; or
    (iii) A public or private place not designed for, or ordinarily used 
as, a regular sleeping accommodation for human beings.
    (2) For purposes of this part, the term homeless individual does not 
include any individual imprisoned or otherwise detained pursuant to an 
Act of the Congress or a State law.
    Hospital means an approved or accredited public or nonprofit 
institution providing public health services primarily for inpatient 
medical or surgical care of the sick and injured and includes related 
facilities such as laboratories, outpatient departments, training 
facilities, and staff offices.
    Library means a public or nonprofit facility providing library 
services free to all residents of a community, district, State, or 
region.
    Licensed means recognition and approval by the appropriate State or 
local authority approving institutions or programs in specialized areas. 
Licensing generally relates to established minimum public standards of 
safety, sanitation, staffing, and equipment as they relate to the 
construction, maintenance, and operation of a health or educational 
facility, rather than to the academic, instructional, or medical 
standards for these institutions.
    Medical institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, or organization whose primary 
function is the furnishing of public health and medical services to the 
public or promoting public health through the conduct of research, 
experiments, training, or demonstrations related to cause, prevention, 
and methods of diagnosis and treatment of diseases and injuries. The 
term includes, but is not limited to, hospitals, clinics, alcohol and 
drug abuse treatment centers, public health or treatment centers, 
research and health centers, geriatric centers, laboratories, medical 
schools, dental schools, nursing schools, and similar institutions. The 
term does not include institutions primarily engaged in domiciliary 
care, although a separate medical facility within such a domiciliary 
institution may qualify as a medical institution.

[[Page 114]]

    Museum means a public or nonprofit institution that is organized on 
a permanent basis for essentially educational or aesthetic purposes and 
which, using a professional staff, owns or uses tangible objects, either 
animate or inanimate; cares for these objects; and exhibits them to the 
public on a regular basis (at least 1000 hours a year). As used in this 
part, the term museum includes, but is not limited to, the following 
institutions if they satisfy all other provisions of this definition: 
Aquariums and zoological parks; botanical gardens and arboretums; nature 
centers; museums relating to art, history (including historic 
buildings), natural history, science, and technology; and planetariums. 
For the purposes of this definition, an institution uses a professional 
staff if it employs at least one fulltime staff member or the 
equivalent, whether paid or unpaid, primarily engaged in the 
acquisition, care, or public exhibition of objects owned or used by the 
institution. This definition of museum does not include any institution 
that exhibits objects to the public if the display or use of the objects 
is only incidental to the primary function of the institution.
    Nationally recognized accrediting agency means an accrediting agency 
that the Department of Education recognizes under 34 CFR part 600. (For 
a list of accrediting agencies, see the Department's web site at http://
www.ed.gov/offices/OPE/accreditation/index.html)
    Nonprofit means not organized for profit and exempt from Federal 
income tax under section 501 of the Internal Revenue Code (26 U.S.C. 
501).
    Parks and recreation means a program(s) carried out or promoted by a 
public agency for public purposes that involve directly or indirectly 
the acquisition, development, improvement, maintenance, and protection 
of park and recreational facilities for the residents of a given 
political area.
    Program for older individuals means a program conducted by a State 
or local government agency or nonprofit activity that receives funds 
appropriated for services or programs for older individuals under the 
Older Americans Act of 1965, as amended, under title IV or title XX of 
the Social Security Act (42 U.S.C. 601 et seq.), or under titles VIII 
and X of the Economic Opportunity Act of 1964 (42 U.S.C. 2991 et seq.) 
and the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
    Provider of assistance to homeless individuals means a public agency 
or a nonprofit institution or organization that operates a program which 
provides assistance such as food, shelter, or other services to homeless 
individuals.
    Provider of assistance to impoverished families and individuals 
means a public or nonprofit organization whose primary function is to 
provide money, goods, or services to families or individuals whose 
annual incomes are below the poverty line (as defined in section 673 of 
the Community Services Block Grant Act) (42 U.S.C. 9902). Providers 
include food banks, self-help housing groups, and organizations 
providing services such as the following: Health care; medical 
transportation; scholarships and tuition assistance; tutoring and 
literacy instruction; job training and placement; employment counseling; 
child care assistance; meals or other nutritional support; clothing 
distribution; home construction or repairs; utility or rental 
assistance; and legal counsel.
    Public agency means any State; political subdivision thereof, 
including any unit of local government or economic development district; 
any department, agency, or instrumentality thereof, including 
instrumentalities created by compact or other agreement between States 
or political subdivisions; multijurisdictional substate districts 
established by or pursuant to State law; or any Indian tribe, band, 
group, pueblo, or community located on a State reservation.
    Public health means a program(s) to promote, maintain, and conserve 
the public's health by providing health services to individuals and/or 
by conducting research, investigations, examinations, training, and 
demonstrations. Public health services may include but are not limited 
to the control of communicable diseases, immunization, maternal and 
child health programs, sanitary engineering, sewage treatment and 
disposal, sanitation inspection and supervision, water purification and 
distribution, air pollution control, garbage and trash disposal, and the 
control and elimination of disease-carrying animals and insects.
    Public health institution means an approved, accredited, or licensed 
public or nonprofit institution, facility, or organization conducting a 
public health program(s) such as a hospital, clinic, health center, or 
medical institution, including research for such programs, the services 
of which are available to the public.
    Public purpose means a program(s) carried out by a public agency 
that is legally authorized in accordance with the laws of the State or 
political subdivision thereof and for which public funds may be 
expended. Public purposes include but are not limited to programs such 
as conservation, economic development, education, parks and recreation, 
public health, public safety, programs of assistance to the homeless or 
impoverished, and programs for older individuals.
    Public safety means a program(s) carried out or promoted by a public 
agency for public purposes involving, directly or indirectly, the 
protection, safety, law enforcement activities, and criminal justice 
system of a given political area. Public safety programs may include, 
but are not limited to those carried out by:

[[Page 115]]

    (1) Public police departments.
    (2) Sheriffs' offices.
    (3) The courts.
    (4) Penal and correctional institutions (including juvenile 
facilities).
    (5) State and local civil defense organizations.
    (6) Fire departments and rescue squads (including volunteer fire 
departments and rescue squads supported in whole or in part with public 
funds).
    School (except schools for the mentally or physically disabled) 
means a public or nonprofit approved or accredited organizational entity 
devoted primarily to approved academic, vocational, or professional 
study and instruction, that operates primarily for educational purposes 
on a full-time basis for a minimum school year and employs a full-time 
staff of qualified instructors.
    School for the mentally or physically disabled means a facility or 
institution operated primarily to provide specialized instruction to 
students of limited mental or physical capacity. It must be public or 
nonprofit and must operate on a full-time basis for the equivalent of a 
minimum school year prescribed for public school instruction for the 
mentally or physically disabled, have a staff of qualified instructors, 
and demonstrate that the facility meets the health and safety standards 
of the State or local government.
    University means a public or nonprofit approved or accredited 
institution for instruction and study in the higher branches of learning 
and empowered to confer degrees in special departments or colleges.

                         PART 102-38 [RESERVED]



PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE EXCHANGE/SALE AUTHORITY--Table of Contents




                           Subpart A--General

Sec.
102-39.5  How are the terms ``I'' and ``you'' used in this part?
102-39.10  What does this part cover?
102-39.15  Why should I use the exchange/sale authority?
102-39.20  What definitions apply to this part?
102-39.25  How do I request a deviation from this part?

                 Subpart B--Exchange/Sale Considerations

102-39.30  When should I not use the exchange/sale authority?
102-39.35  How do I determine whether to do an exchange or a sale?
102-39.40  When should I arrange for a reimbursable transfer of 
          exchange/sale property to a Federal agency or other eligible 
          organization, or sell such property to a State Agency for 
          Surplus Property?
102-39.45  What prohibitions apply to the exchange/sale of personal 
          property?
102-39.50  What conditions apply to the exchange/sale of personal 
          property?
102-39.55  What exceptions apply to the conditions for exchange/sale in 
          Sec. 102-39.50?

              Subpart C--Exchange/Sale Methods and Reports

102-39.60  What are the exchange methods?
102-39.65  What are the sales methods?
102-39.70  What are the accounting requirements for the proceeds of 
          sale?
102-39.75  What information am I required to report?

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

    Source: 66 FR 48614, Sept. 21, 2001, unless otherwise noted.



                           Subpart A--General



Sec. 102-39.5  How are the terms ``I'' and ``you'' used in this part?

    Use of pronouns ``I'' and ``you'' throughout this part refer to 
executive agencies.



Sec. 102-39.10  What does this part cover?

    This part covers the exchange/sale authority, and applies to all 
personal property owned by executive agencies worldwide. For the 
exchange/sale of aircraft parts and hazardous materials, you must meet 
the requirements in this part and in parts 101-37 and 101-42 of this 
title.



Sec. 102-39.15  Why should I use the exchange/sale authority?

    You should use the exchange/sale authority to:
    (a) Reduce the cost of replacement personal property. If you have 
personal property that needs to be replaced, you can exchange or sell 
that property and apply the exchange allowance or sales proceeds to 
reduce the cost of similar replacement property. By contrast, if you 
choose not to replace the property using the exchange/sale authority, 
you may declare it excess and dispose of it through the normal disposal 
process. Any sales proceeds from the eventual

[[Page 116]]

sale of that property as surplus generally must be forwarded to the 
miscellaneous receipts account at the United States Treasury and thus 
would not be available to you.
    (b) Avoid costs (e.g., administrative and storage) that may be 
incurred when declaring the property to be replaced as excess and 
processing it through the normal disposal process. The normal disposal 
process may include abandonment or destruction, reutilization by other 
Federal agencies, donation to eligible non-Federal public or non-profit 
organizations, or sale to the public. The time required to determine 
which of these options will apply and to complete the disposal 
transaction is likely to exceed the time required for an exchange/sale 
transaction.



Sec. 102-39.20  What definitions apply to this part?

    The following definitions apply to this part:
    Acquire means to procure or otherwise obtain personal property, 
including by lease.
    Combat material means arms, ammunition, and implements of war listed 
in the U.S. munitions list (22 CFR part 121).
    Exchange means to replace personal property by trade or trade-in 
with the supplier of the replacement property.
    Exchange/sale means to exchange or sell non-excess, non-surplus 
personal property and apply the exchange allowance or proceeds of sale 
in whole or in part payment for the acquisition of similar property.
    Executive agency means any executive department or independent 
establishment in the executive branch of the Government, including any 
wholly owned Government corporation.
    Federal agency means any executive agency or any establishment in 
the legislative or judicial branch of the Government (except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his/her direction).
    Historic item means property having added value for display purposes 
because its historical significance is greater than its fair market 
value for continued use. Items that are commonly available and remain in 
use for their intended purpose, such as military aircraft still in use 
by active or reserve units, are not historic items.
    Replacement means the process of acquiring property to be used in 
place of property that is still needed but:
    (1) No longer adequately performs the tasks for which it is used; or
    (2) Does not meet the agency's need as well as the property to be 
acquired.
    Similar means where the acquired item and replaced item:
    (1) Are identical;
    (2) Are designed and constructed for the same purpose;
    (3) Constitute parts or containers for identical or similar end 
items; or
    (4) Fall within a single Federal Supply Classification (FSC) group 
of property that is eligible for handling under the exchange/sale 
authority.



Sec. 102-39.25  How do I request a deviation from this part?

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



                 Subpart B--Exchange/Sale Considerations



Sec. 102-39.30  When should I not use the exchange/sale authority?

    You should not use the exchange/sale authority if the exchange 
allowance or estimated sales proceeds for the property will be 
unreasonably low. You must either abandon or destroy such property in 
accordance with part 101-45, subpart 101-45.9, of this title, or declare 
the property excess and follow the regulations in part 102-36 of this 
chapter, whichever is appropriate. Further, you must not use the 
exchange/sale authority if the transaction(s) would violate any other 
applicable statute or regulation.



Sec. 102-39.35  How do I determine whether to do an exchange or a sale?

    You must determine whether an exchange or sale will provide the 
greater return for the Government. When estimating the return under each 
method, consider all related administrative and overhead costs.

[[Page 117]]



Sec. 102-39.40  When should I arrange for a reimbursable transfer of exchange/sale property to a Federal agency or other eligible organization, or sell such 
          property to a State Agency for SurplusProperty?

    If you have property to replace which is eligible for exchange/sale, 
you should first, to the maximum extent practicable, solicit:
    (a) Federal agencies known to use or distribute such property. If a 
Federal agency is interested in acquiring and paying for the property, 
you should arrange for a reimbursable transfer. Reimbursable transfers 
may also be conducted with the Senate, the House of Representatives, the 
Architect of the Capitol and any activities under the Architect's 
direction, the District of Columbia, and mixed-ownership Government 
corporations. When conducting a reimbursable transfer, you must:
    (1) Do so under terms mutually agreeable to you and the recipient.
    (2) Not require reimbursement of an amount greater than the 
estimated fair market value of the transferred property.
    (3) Apply the transfer proceeds in whole or part payment for 
property acquired to replace the transferred property; and
    (b) State Agencies for Surplus Property (SASPs) known to have an 
interest in acquiring such property. If a SASP is interested in 
acquiring the property, you should consider selling it to the SASP by 
negotiated sale at fixed price under the conditions specified at 
Sec. 101-45.304-12 of this title. The sales proceeds must be applied in 
whole or part payment for property acquired to replace the transferred 
property.



Sec. 102-39.45  What prohibitions apply to the exchange/sale of personal property?

    You must not use the exchange/sale authority for:
    (a) The following FSC groups of personal property:

    10  Weapons.
    11  Nuclear ordnance.
    12  Fire control equipment.
    14  Guided missiles.
    15  Aircraft and airframe structural components (except FSC Class 
1560 Airframe Structural Components).
    42  Firefighting, rescue, and safety equipment.
    44  Nuclear reactors (FSC Class 4472 only).
    51  Hand tools.
    54  Prefabricated structure and scaffolding.
    68  Chemicals and chemical products, except medicinal chemicals.
    84  Clothing, individual equipment, and insignia.

    Note to Sec. 102-39.45(a): The exception to the prohibition is 
Department of Defense (DOD) property in FSC Groups 10, 12, and 14 
(except FSC Class 1005) for which the applicable DOD demilitarization 
requirements, and any other applicable regulations and statutes are met.

    (b) Materials in the National Defense Stockpile (50 U.S.C. 98-98h) 
or the Defense Production Act inventory (50 U.S.C. App. 2093).
    (c) Nuclear Regulatory Commission-controlled materials unless you 
meet the requirements of Sec. 101-42.1102-4 of this title.
    (d) Controlled substances, unless you meet the requirements of 
Sec. 101-42.1102-3 of this title.
    (e) Scrap materials, except in the case of scrap gold for fine gold.
    (f) Property that was originally acquired as excess or forfeited 
property or from another source other than new procurement, unless such 
property has been in official use by the acquiring agency for at least 1 
year. You may exchange or sell forfeited property in official use for 
less than 1 year if the head of your agency determines that a continuing 
valid requirement exists, but the specific item in use no longer meets 
that requirement, and that exchange or sale meets all other requirements 
of this part.
    (g) Property that is dangerous to public health or safety without 
first rendering such property innocuous or providing for adequate 
safeguards as part of the exchange/sale.
    (h) Combat material without demilitarizing it or obtaining a 
demilitarization waiver or other necessary clearances from the 
Department of Defense Demilitarization Office.
    (i) Flight Safety Critical Aircraft Parts unless you meet the 
provisions of Sec. 101-37.610 of this title.
    (j) Acquisition of unauthorized replacement property.
    (k) Acquisition of replacement property that violates any:

[[Page 118]]

    (1) Restriction on procurement of a commodity or commodities;
    (2) Replacement policy or standard prescribed by the President, the 
Congress, or the Administrator of General Services; or
    (3) Contractual obligation.
    (l) Vessels subject to 40 U.S.C. 484(i).

[66 FR 48614, Sept. 21, 2001; 66 FR 51095, Oct. 5, 2001]



Sec. 102-39.50  What conditions apply to the exchange/sale of personal property?

    You may use the exchange/sale authority only if you meet all of the 
following conditions:
    (a) The property exchanged or sold is similar to the property 
acquired;
    (b) The property exchanged or sold is not excess or surplus, and you 
have a continuing need for that type of property;
    (c) The number of items acquired must equal the number of items 
exchanged or sold unless:
    (1) The item(s) acquired perform all or substantially all of the 
tasks for which the item(s) exchanged or sold would otherwise be used; 
or
    (2) The item(s) acquired and the item(s) exchanged or sold meet the 
test for similarity specified in Sec. 102-39.20 that they are a part(s) 
or container(s) for identical or similar end items;
    (d) The property exchanged or sold was not acquired for the 
principal purpose of exchange or sale; and
    (e) You document at the time of exchange or sale (or at the time of 
acquiring the replacement property if it precedes the sale) that the 
exchange allowance or sale proceeds will be applied to the acquisition 
of replacement property.



Sec. 102-39.55  What exceptions apply to the conditions for exchange/sale in Sec. 102-39.50?

    The exceptions that apply to the conditions for exchange/sale 
Sec. 102-39.50 are:
    (a) You may exchange books and periodicals in your libraries for 
other books and periodicals, without monetary appraisal or detailed 
listing or reporting.
    (b) In acquiring items for historical preservation or display at 
Federal museums, you may exchange historic items in the museum property 
account without regard to the FSC group, provided the exchange 
transaction is documented and certified by the head of your agency to be 
in the best interests of the Government and all other provisions of this 
part are met. The documentation must contain a determination that the 
item exchanged and the item acquired are historic items.



              Subpart C--Exchange/Sale Methods and Reports



Sec. 102-39.60  What are the exchange methods?

    Exchange of property may be accomplished by either of the following 
methods:
    (a) The supplier (e.g., a Government agency, commercial or private 
organization, or an individual) delivers the replacement property to one 
of your organizational units and removes the property being replaced 
from that same organizational unit.
    (b) The supplier delivers the replacement property to one of your 
organizational units and removes the property being replaced from a 
different organizational unit.



Sec. 102-39.65  What are the sales methods?

    (a) You must use the methods, terms, and conditions of sale, and the 
forms prescribed in Sec. 101-45.304 of this title in the sale of 
property being replaced, except for the provisions of Sec. 101-45.304-
2(a) of this title regarding negotiated sales. Section 3709, Revised 
Statutes (41 U.S.C. 5), specifies the following conditions under which 
property being replaced can be sold by negotiation, subject to obtaining 
such competition as is feasible:
    (1) The reasonable value involved in the contract does not exceed 
$500; or
    (2) Otherwise authorized by law.
    (b) You may sell property being replaced by negotiation at fixed 
prices in accordance with the provisions of Sec. 101-45.304-2(b) of this 
title.



Sec. 102-39.70  What are the accounting requirements for the proceeds of sale?

    You must account for sales proceeds in accordance with the general 
finance

[[Page 119]]

and accounting rules applicable to you. Except as otherwise directed by 
law, all proceeds from the sale of personal property under this part 
will be available during the fiscal year in which the property was sold 
and for one fiscal year thereafter for obligation for the purchase of 
replacement property. Any sales proceeds not applied to replacement 
purchases during this time must be deposited in the United States 
Treasury as miscellaneous receipts.



Sec. 102-39.75  What information am I required to report?

    (a) You must submit, within 90 calendar days after the close of each 
fiscal year, a summary report in a format of your choice on the 
exchange/sale transactions made under this part during the fiscal year 
(except for transactions involving books and periodicals in your 
libraries). The report must include:
    (1) A list by Federal Supply Classification Group of property sold 
under this part showing the:
    (i) Number of items sold;
    (ii) Acquisition cost; and
    (iii) Net proceeds.
    (2) A list by Federal Supply Classification Group of property 
exchanged under this part showing the:
    (i) Number of items exchanged;
    (ii) Acquisition cost; and
    (iii) Exchange allowance.
    (b) Submit your report electronically or by mail to the General 
Services Administration, Personal Property ManagementPolicy Division 
(MTP), 1800 F St. NW., Washington, DC 20405.
    (c) Report control number: 1528-GSA-AN.
    (d) If you make no transactions under this part during a fiscal 
year, you must submit a report stating that no transactions occurred.

                  PARTS 102-40-- and 102-41 [RESERVED]



PART 102-42--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS--Table of Contents




                      Subpart A--General Provisions

Sec.
102-42.5  What does this part cover?

                               Definitions

102-42.10  What definitions apply to this part?

                     Care, Handling and Disposition

102-42.15  Under what circumstances may an employee retain a foreign 
          gift or decoration?
102-42.20  What is the typical disposition process for gifts and 
          decorations that employees are not authorized to retain?
102-42.25  Who retains custody of gifts and decorations pending 
          disposal?
102-42.30  Who is responsible for the security, care and handling, and 
          delivery of gifts and decorations to GSA, and all costs 
          associated with such functions?
102-42.35  Can the employing agency be reimbursed for transfers of gifts 
          and decorations?

                               Appraisals

102-42.40  When is a commercial appraisal necessary?
102-42.45  Who obtains a commercial appraisal?
102-42.50  Is there a special format for a commercial appraisal?
102-42.55  What does the employing agency do with the appraisal?

                            Special Disposals

102-42.60  Who is responsible for gifts and decorations received by 
          Senators and Senate employees?
102-42.65  What happens if the Commission on Art and Antiquities does 
          not dispose of a gift or decoration?
102-42.70  Who handles gifts and decorations received by the President 
          or a member of the President's family?
102-42.75  How are gifts containing hazardous materials handled?

         Subpart B--Utilization of Foreign Gifts and Decorations

102-42.80  To whom do ``we'', ``you'', and their variants refer?
102-42.85  What gifts or decorations must we report to GSA?
102-42.90  What is the requirement for reporting gifts or decorations 
          that were retained for official use but are no longer needed?
102-42.95  How do we report gifts and decorations as excess personal 
          property?
102-42.100  How can we obtain an excess gift or decoration from another 
          agency?
102-42.105  What special information must be included on the transfer 
          request (SF 122)?
102-42.110  How must we justify a transfer request?
102-42.115  What must we do when the transferred gifts and decorations 
          are no longer required for official use?

[[Page 120]]

          Subpart C--Donation of Foreign Gifts and Decorations

102-42.120  When may gifts or decorations be donated to State agencies?
102-42.125  How is donation of gifts or decorations accomplished?
102-42.130  Are there special requirements for the donation of gifts and 
          decorations?

     Subpart D--Sale or Destruction of Foreign Gifts and Decorations

102-42.135  Whose approval must be obtained before a foreign gift or 
          decoration is offered for public sale?
102-42.140  How is a sale of a foreign gift or decoration to an employee 
          conducted?
102-42.145  When is public sale of a foreign gift or decoration 
          authorized?
102-42.150  What happens to proceeds from sales?
102-42.155  Can foreign gifts or decorations be destroyed?

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 515, 
91 Stat. 862 (5 U.S.C. 7342).

    Source: 65 FR 45539, July 24, 2000, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 102-42.5  What does this part cover?

    This part covers the acceptance, utilization, donation, and disposal 
of gifts and decorations from foreign governments under 5 U.S.C. 7342. 
If you receive gifts other than from a foreign government you should 
refer to Sec. 102-36.405.

                               Definitions



Sec. 102-42.10  What definitions apply to this part?

    The following definitions apply to this part:
    Decoration means an order, device, medal, badge, insignia, emblem, 
or award offered by or received from a foreign government.
    Employee means:
    (1) An employee as defined by 5 U.S.C. 2105 and an officer or 
employee of the United States Postal Service or of the Postal Rate 
Commission;
    (2) An expert or consultant who is under contract under 5 U.S.C. 
3109 with the United States or any agency, department, or establishment 
thereof, including, in the case of an organization performing services 
under that section, any individual involved in the performance of such 
services;
    (3) An individual employed by or occupying an office or position in 
the government of a territory or possession of the United States or the 
government of the District of Columbia;
    (4) A member of a uniformed service as specified in 10 U.S.C 101;
    (5) The President and the Vice President;
    (6) A Member of Congress as defined by 5 U.S.C. 2106 (except the 
Vice President) and any Delegate to the Congress; and
    (7) The spouse of an individual described in paragraphs (1) through 
(6) of this definition of employee (unless this individual and his or 
her spouse are separated) or a dependent (within the meaning of section 
152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of this 
individual, other than a spouse or dependent who is an employee under 
paragraphs (1) through (6) of this definition of employee.
    Employing agency means:
    (1) The department, agency, office, or other entity in which an 
employee is employed, for other legislative branch employees and for all 
executive branch employees;
    (2) The Committee on Standards of Official Conduct of the House of 
Representatives, for Members and employees of the House of 
Representatives, except that those responsibilities specified in 5 
U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) must be carried out by the 
Clerk of the House;
    (3) The Select Committee on Ethics of the Senate, for Senators and 
employees of the Senate, except that those responsibilities (other than 
responsibilities involving approval of the employing agency) specified 
in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B) must be carried out by the 
Secretary of the Senate; and
    (4) The Administrative Offices of the United States Courts, for 
judges and judicial branch employees.
    Foreign government means:
    (1) Any unit of foreign government, including any national, State, 
local, and municipal government and their foreign equivalents;

[[Page 121]]

    (2) Any international or multinational organization whose membership 
is composed of any unit of a foreign government; and
    (3) Any agent or representative of any such foreign government unit 
or organization while acting as such.
    Gift means a monetary or non-monetary present (other than a 
decoration) offered by or received from a foreign government. A monetary 
gift includes anything that may commonly be used in a financial 
transaction, such as cash or currency, checks, money orders, bonds, 
shares of stock, and other securities and negotiable financial 
instruments.
    Minimal value means a retail value in the United States at the time 
of acceptance of $260 or less, except that:
    (1) GSA will adjust the definition of minimal value in regulations 
prescribed by the Administrator of General Services every three years, 
in consultation with the Secretary of State, to reflect changes in the 
consumer price index for the immediately preceding 3-year period; and
    (2) Regulations of an employing agency may define minimal value for 
its employees to be less, but not more than, the value provided under 
this definition.

                     Care, Handling and Disposition



Sec. 102-42.15  Under what circumstances may an employee retain a foreign gift or decoration?

    Employees, with the approval of their employing agencies, may accept 
and retain:
    (a) Gifts of minimal value received as souvenirs or marks of 
courtesy. When a gift of more than minimal value is accepted, the gift 
becomes the property of the U.S. Government, not the employee, and must 
be reported.
    (b) Decorations that have been offered or awarded for outstanding or 
unusually meritorious performance. If the employing agency disapproves 
retention of the decoration by the employee, the decoration becomes the 
property of the U.S. Government.



Sec. 102-42.20  What is the typical disposition process for gifts and decorations that employees are not authorized to retain?

    (a) Non-monetary gifts or decorations. When an employee receives a 
non-monetary gift above the minimal value or a decoration that he/she is 
not authorized to retain:
    (1) The employee must report the gift or decoration to his/her 
employing agency within 60 days after accepting it.
    (2) The employing agency determines if it will keep the gift or 
decoration for official use.
    (3) If it does not return the gift or decoration to the donor or 
keep it for official use, the employing agency reports it as excess 
personal property to GSA for Federal utilization screening under 
Sec. 102-42.95.
    (4) If GSA does not transfer the gift or decoration during
    Federal utilization screening, the employee may purchase the gift or 
decoration (see Sec. 102-42.140).
    (5) If the employee declines to purchase the gift or decoration, and 
there is no Federal requirement for either, GSA may offer it for 
donation through State Agencies for Surplus Property (SASP) under part 
101-44 of this title.
    (6) If no SASP requests the gift or decoration for donation, GSA may 
offer it for public sale, with the approval of the Secretary of State, 
or will authorize the destruction of the gift or decoration under part 
101-45 of this title.
    (b) Monetary gifts. When an employee receives a monetary gift above 
the minimal value:
    (1) The employee must report the gift to his/her employing agency 
within 60 days after accepting it.
    (2) The employing agency must:
    (i) Report a monetary gift with possible historic or numismatic 
(i.e., collectible) value to GSA; or
    (ii) Deposit a monetary gift that has no historic or numismatic 
value with the Department of the Treasury.



Sec. 102-42.25  Who retains custody of gifts and decorations pending disposal?

    (a) The employing agency retains custody of gifts and decorations 
that

[[Page 122]]

employees have expressed an interest in purchasing.
    (b) GSA will accept physical custody of gifts above the minimal 
value, which employees decline to purchase, or decorations that are not 
retained for official use or returned to donors.

    Note to Sec. 102-42.25(b): GSA will not accept physical custody of 
foreign gifts of firearms. Firearms reported by the agency as excess 
must be disposed of in accordance with part 101-42 of this title.



Sec. 102-42.30  Who is responsible for the security, care and handling, and delivery of gifts and decorations to GSA, and all costs associated with such 
          functions?

    The employing agency is responsible for the security, care and 
handling, and delivery of gifts and decorations to GSA, and all costs 
associated with such functions.



Sec. 102-42.35  Can the employing agency be reimbursed for transfers of gifts and decorations?

    No, all transfers of gifts and decorations to Federal agencies or 
donation through SASPs will be without reimbursement. However, the 
employing agency may require the receiving agency to pay all or part of 
the direct costs incurred by the employing agency in packing, 
preparation for shipment, loading, and transportation.

                               Appraisals



Sec. 102-42.40  When is a commercial appraisal necessary?

    (a) A commercial appraisal is necessary when an employee indicates 
an interest in purchasing a gift or decoration and must be obtained 
before the gift or decoration is reported to GSA for screening.
    (b) GSA may also require the employing agency to obtain a commercial 
appraisal of a gift or decoration that the agency no longer needs before 
accepting the agency's report of the item as excess personal property.



Sec. 102-42.45  Who obtains a commercial appraisal?

    The employing agency obtains a commercial appraisal.



Sec. 102-42.50  Is there a special format for a commercial appraisal?

    There is no special format for a commercial appraisal, but it must 
be:
    (a) On official company letterhead;
    (b) Prepared in the United States;
    (c) Dated; and
    (d) Expressed in U.S. dollars.



Sec. 102-42.55  What does the employing agency do with the appraisal?

    The employing agency must attach the commercial appraisal to a 
Standard Form (SF) 120, Report of Excess Personal Property.

                            Special Disposals



Sec. 102-42.60  Who is responsible for gifts and decorations received by Senators and Senate employees?

    Gifts and decorations received by Senators and Senate employees are 
deposited with the Secretary of the Senate for disposal by the 
Commission on Art and Antiquities of the United States Senate under 5 
U.S.C. 7342(e)(2). GSA is responsible for disposing of gifts or 
decorations received by Members and employees of the House of 
Representatives.



Sec. 102-42.65  What happens if the Commission on Art and Antiquities does not dispose of a gift or decoration?

    If the Commission on Art and Antiquities does not dispose of a gift 
or decoration, then it must be reported to GSA for disposal. If GSA does 
not dispose of a gift or decoration within one year of the Commission's 
reporting, the Commission may:
    (a) Request that GSA return the gift or decoration and dispose of it 
itself; or
    (b) Continue to allow GSA to dispose of the gift or decoration in 
accordance with this part.



Sec. 102-42.70  Who handles gifts and decorations received by the President or a member of the President's family?

    The National Archives and Records Administration normally handles 
gifts and decorations received by the President or a member of the 
President's family.

[[Page 123]]



Sec. 102-42.75  How are gifts containing hazardous materials handled?

    Gifts containing hazardous materials are handled in accordance with 
the requirements and provisions of this part and part 101-42 of this 
title.



         Subpart B--Utilization of Foreign Gifts and Decorations



Sec. 102-42.80  To whom do ``we'', ``you'', and their variants refer?

    Use of pronouns ``we'', ``you'', and their variants throughout this 
subpart refers to the employing agency.



Sec. 102-42.85  What gifts or decorations must we report to GSA?

    You must report to GSA gifts of more than minimal value, except for 
monetary gifts that have no historic or numismatic value (see Sec. 102-
42.20), or decorations the employee is not authorized to retain that 
are:
    (a) Not being retained for official use or have not been returned to 
the donor; or
    (b) Received by a Senator or a Senate employee and not disposed of 
by the Commission on Art and Antiquities of the United States Senate.



Sec. 102-42.90  What is the requirement for reporting gifts or decorations that were retained for official use but are no longer needed?

    Non-monetary gifts or decorations that were retained for official 
use must be reported to GSA as excess property within 30 days after 
termination of the official use.



Sec. 102-42.95  How do we report gifts and decorations as excess personal property?

    You must complete a Standard Form (SF) 120, Report of Excess 
Personal Property, and send it to the General Services Administration, 
Property Management Division (FBP), Washington, DC 20406. Conspicuously 
mark the SF 120, ``FOREIGN GIFTS AND/OR DECORATIONS'', and include the 
following information:

------------------------------------------------------------------------
               Entry                             Description
------------------------------------------------------------------------
(a) Identity of Employee..........  Give the name and position of the
                                     employee.
------------------------------------------------------------------------
(b) Description of Item...........  Give a full description of the gift
                                     or decoration, including the title
                                     of the decoration.
------------------------------------------------------------------------
(c) Identity of Foreign Government  Give the identity of the foreign
                                     government (if known) and the name
                                     and position of the individual who
                                     presented the gift or decoration.
------------------------------------------------------------------------
(d) Date of Acceptance............  Give the date the gift or decoration
                                     was accepted by the employee.
------------------------------------------------------------------------
(e) Appraised Value...............  Give the appraised value in United
                                     States dollars of the gift or
                                     decoration, including the cost of
                                     the appraisal. (The employing
                                     agency must obtain a commercial
                                     appraisal before the gift is
                                     offered for sale to the employee.)
------------------------------------------------------------------------
(f) Current Location of Item......  Give the current location of the
                                     gift or decoration.
------------------------------------------------------------------------
(g) Employing Agency Contact        Give the name, address, and
 Person.                             telephone number of the accountable
                                     official in the employing agency.
------------------------------------------------------------------------

[[Page 124]]

 
(h) Purchase Interest or Donation   Indicate whether the employee wants
 Recommendation.                     to buy the gift, or whether the
                                     employee wants the gift or
                                     decoration donated to an eligible
                                     donee through GSA's surplus
                                     donation program. Document this
                                     interest in a letter outlining any
                                     special significance of the gift or
                                     decoration to the proposed donee.
                                     Also provide the mailing address
                                     and telephone number of both the
                                     employee and the proposed donee.
------------------------------------------------------------------------
(i) Administration................  Give the Administration in which the
                                     gift or decoration was received
                                     (for example, Clinton
                                     Administration).
------------------------------------------------------------------------
(j) Multiple Items................  Identify each gift or decoration as
                                     a separate line item. Report
                                     multiple gift items that make up a
                                     set (for example, a tea set, a
                                     necklace and matching earrings) as
                                     a single line item.
------------------------------------------------------------------------



Sec. 102-42.100  How can we obtain an excess gift or decoration from another agency?

    To obtain an excess gift or decoration from another agency, you 
would complete a Standard Form (SF) 122, Transfer Order Excess Personal 
Property, or any other transfer order form approved by GSA, for the 
desired item(s) and submit the form to the General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406.



Sec. 102-42.105  What special information must be included on the SF 122?

    Conspicuously mark the SF 122, ``FOREIGN GIFTS AND/OR DECORATIONS'', 
and include all information furnished by the employing agency as 
specified in Sec. 102-42.95. Also, include on the form the following 
statement: ``At such time as these items are no longer required, they 
will be reported to the General Services Administration, Property 
Management Division (FBP), Washington, DC 20406, and will be identified 
as foreign gift items and cross-referenced to this transfer order 
number.''



Sec. 102-42.110  How must we justify a transfer request?

    You may only request excess gifts and decorations for public display 
or other bona fide agency use and not for the personal benefit of any 
individual. GSA may require that transfer orders be supported by 
justifications for the intended display or official use of requested 
gifts and decorations. Jewelry and watches that are transferred for 
official display must be displayed with adequate provisions for 
security.



Sec. 102-42.115  What must we do when the transferred gifts and decorations are no longer required for official use?

    When transferred gifts and decorations are no longer required for 
official use, report these gifts and decorations to the GSA as excess 
property on a SF 120, including the original transfer order number or a 
copy of the original transfer order.



          Subpart C--Donation of Foreign Gifts and Decorations



Sec. 102-42.120  When may gifts or decorations be donated to State agencies?

    If there is no Federal requirement for the gifts or decorations, and 
if gifts were not sold to the employee, GSA may make the gifts or 
decorations available for donation to State agencies under this subpart 
and part 101-44 of this title.



Sec. 102-42.125  How is donation of gifts or decorations accomplished?

    The State Agencies for Surplus Property (SASP) must initiate the 
process on behalf of a prospective donee (e.g., units of State or local 
governments

[[Page 125]]

and eligible non-profit organizations) by:
    (a) Completing a Standard Form (SF) 123, Transfer Order Surplus 
Personal Property, and submitting it to General Services Administration, 
Property Management Division (FBP), Washington, DC 20406. Conspicuously 
mark the SF 123 with the words, ``FOREIGN GIFTS AND/OR DECORATIONS.''
    (b) Attaching an original and two copies of a letter of intent to 
each SF 123 submitted to GSA. An authorized representative of the 
proposed donee must sign and date the letter, setting forth a detailed 
plan for use of the property. The letter of intent must provide the 
following information:
    (1) Identifying the donee applicant, including its legal name and 
complete address, its status as a public agency or as an eligible 
nonprofit tax-exempt activity, and the name, title, and telephone number 
of its authorized representative;
    (2) A description of the gift or decoration requested, including the 
gift's commercially appraised value or estimated fair market value if no 
commercial appraisal was performed; and
    (3) Details on the planned use of the gift or decoration, including 
where and how it will be used and how it will be safeguarded.



Sec. 102-42.130  Are there special requirements for the donation of gifts and decorations?

    Yes, GSA imposes special handling and use limitations on the 
donation of gifts and decorations. The SASP distribution document must 
contain or incorporate by reference the following:
    (a) The donee must display or use the gift or decoration in 
accordance with its GSA-approved letter of intent.
    (b) There must be a period of restriction which will expire after 
the gift or decoration has been used for the purpose stated in the 
letter of intent for a period of 10 years, except that GSA may restrict 
the use of the gift or decoration for such other period when the 
inherent character of the property justifies such action.
    (c) The donee must allow the right of access to the donee's premises 
at reasonable times for inspection of the gift or decoration by duly 
authorized representatives of the SASP or the U.S. Government.
    (d) During the period of restriction, the donee must not:
    (1) Sell, trade, lease, lend, bail, encumber, cannibalize or 
dismantle for parts, or otherwise dispose of the property;
    (2) Remove it permanently for use outside the State;
    (3) Transfer title to the gift or decoration directly or indirectly; 
or
    (4) Do or allow anything to be done that would contribute to the 
gift or decoration being seized, attached, lost, stolen, damaged, or 
destroyed.
    (e) If the gift or decoration is no longer suitable, usable, or 
needed by the donee for the stated purpose of donation during the period 
of restriction, the donee must promptly notify the General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406, through the SASP, and upon demand by GSA, title and right to 
possession of the gift or decoration reverts to the U.S. Government. In 
this event, the donee must comply with transfer or disposition 
instructions furnished by GSA through the SASP, and pay the costs of 
transportation, handling, and reasonable insurance during 
transportation.
    (f) The donee must comply with all additional conditions covering 
the handling and use of any gift or decoration imposed by GSA.
    (g) If the donee fails to comply with the conditions or limitations 
during the period of restriction, the SASP may demand return of the gift 
or decoration and, upon such demand, title and right to possession of 
the gift or decoration reverts to the U.S. Government. In this event, 
the donee must return the gift or decoration in accordance with 
instructions furnished by the SASP, with costs of transportation, 
handling, and reasonable insurance during transportation to be paid by 
the donee or as directed by the SASP.
    (h) If the gift or decoration is lost, stolen, or cannot legally be 
recovered or returned for any other reason, the donee must pay to the 
U.S. Government the fair market value of the gift or decoration at the 
time of its loss, theft, or at the time that it became unrecoverable as 
determined by GSA. If

[[Page 126]]

the gift or decoration is damaged or destroyed, the SASP may require the 
donee to:
    (1) Return the item and pay the difference between its former fair 
market value and its current fair market value; or
    (2) Pay the fair market value, as determined by GSA, of the item had 
it not been damaged or destroyed.



     Subpart D--Sale or Destruction of Foreign Gifts and Decorations



Sec. 102-42.135  Whose approval must be obtained before a foreign gift or decoration is offered for public sale?

    The Secretary of State or the Secretary's designee must approve any 
sale of foreign gifts or decorations (except sale of foreign gifts to 
the employee, that is approved in this part).



Sec. 102-42.140  How is a sale of a foreign gift or decoration to an employee conducted?

    Foreign gifts and decorations must be offered first through 
negotiated sales to the employee who has indicated an interest in 
purchasing the item. The sale price must be the commercially appraised 
value of the gift plus the cost of the appraisal. Sales must be 
conducted and documented in accordance with part 101-45 of this title.



Sec. 102-42.145  When is public sale of a foreign gift or decoration authorized?

    A public sale is authorized if a foreign gift or decoration:
    (a) Survives Federal utilization screening;
    (b) Is not purchased by the employee;
    (c) Survives donation screening; and
    (d) Is approved by the Secretary of State or designee.



Sec. 102-42.150  What happens to proceeds from sales?

    The proceeds from the sale of foreign gifts or decorations must be 
deposited in the Treasury as miscellaneous receipts, unless otherwise 
authorized.



Sec. 102-42.155  Can foreign gifts or decorations be destroyed?

    Yes, foreign gifts or decorations that are not sold under this part 
may be destroyed and disposed of as scrap or for their material content 
under part 101-45 of this title.

[[Page 127]]



                       SUBCHAPTER C--REAL PROPERTY





PART 102-71--GENERAL--Table of Contents




Sec.
102-71.5  What are the scope and philosophy of the General Services 
          Administration's (GSA) real property policies?
102-71.10  How are these policies organized?
102-71.15  What happens if the policy statements in this part and parts 
          102-72 through 102-82 of this chapter conflict with policy 
          statements in 41 CFR parts 101-6, 101-17 through 101-20, 101-
          33, and 101-47?
102-71.20  What definitions apply to GSA's real property policies?
102-71.25  Who must comply with GSA's real property policies?
102-71.30  How must these real property policies be implemented?
102-71.35  Are agencies allowed to deviate from GSA's real property 
          policies?

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

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-71.5  What are the scope and philosophy of the General Services Administration's (GSA) real property policies?

    GSA's real property policies contained in this part and parts 102-72 
through 102-82 of this chapter apply to Federal agencies, including the 
GSA/Public Buildings Service (PBS), operating under, or subject to, the 
authorities of the Administrator of General Services. These policies 
cover the acquisition, management, and utilization and disposal of real 
property by Federal agencies that initiate and have decisionmaking 
authority over actions for real property services. The detailed guidance 
implementing these policies is contained in separate customer service 
guides.



Sec. 102-71.10  How are these policies organized?

    GSA has divided its real property policies into the following 
functional areas:
    (a) Delegation of authority;
    (b) Real estate acquisition;
    (c) Facility management;
    (d) Real property disposal;
    (e) Design and construction;
    (f) Art-in-architecture;
    (g) Historic preservation;
    (h) Assignment and utilization of space;
    (i) Safety and environmental management;
    (j) Security; and
    (k) Utility services.



Sec. 102-71.15  What happens if the policy statements in this part and parts 102-72 through 102-82 of this chapter conflict with policy statements in 41 CFR 
          parts 101-6, 101-17 through 101-20, 101-33, and 101-47?

    The policies in this part and parts 102-72 through 102-82 of this 
chapter apply to 41 CFR parts 101-17 through 101-20, 101-33, and 101-47. 
To the extent that any policy statements elsewhere in 41 CFR parts 101-
17 through 101-20, 101-33, and 101-47 are inconsistent with the policy 
statements in this part and parts 102-72 through 102-82 of this chapter, 
the policy statements in this chapter are controlling.



Sec. 102-71.20  What definitions apply to GSA's real property policies?

    The following definitions apply to GSA's real property policies:
    Executive agency means any Executive department or independent 
establishment in the Executive branch of the Government, including any 
wholly owned Government corporation.
    Federal agency means any Executive agency or any establishment in 
the legislative or judicial branch of the Government (except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his or her direction).
    Federal Government real property services provider means any Federal 
Government entity operating under, or subject to, the authorities of the 
Administrator of General Services, that provides real property services 
to Federal agencies. This definition also includes private sector firms 
under contract with Federal agencies that deliver real property services 
to Federal agencies. This definition excludes any entity operating 
under, or subject to, authorities other than those of the Administrator 
of General Services.

[[Page 128]]

    Public building means:
    (1) Any building which is suitable for office and/or storage space 
for the use of one or more Federal agencies or mixed ownership 
corporations, such as Federal office buildings, post offices, 
customhouses, courthouses, border inspection facilities, warehouses, and 
any such building designated by the President. It also includes 
buildings of this sort that are acquired by the Federal Government under 
the Administrator's installment-purchase, lease-purchase, and purchase-
contract authorities.
    (2) Public building does not include buildings:
    (i) On the public domain.
    (ii) In foreign countries.
    (iii) On Indian and native Eskimo properties held in trust by the 
United States.
    (iv) On lands used in connection with Federal programs for 
agricultural, recreational, and conservation purposes.
    (v) On or used in connection with river, harbor, flood control, 
reclamation or power projects, or for chemical manufacturing or 
development projects, or for nuclear production, research, or 
development projects.
    (vi) On or used in connection with housing and residential projects.
    (vii) On military installations.
    (viii) On Department of Veteran's Affairs' installations used for 
hospital or domiciliary purposes.
    (ix) Excluded by the President.



Sec. 102-71.25  Who must comply with GSA's real property policies?

    Federal agencies operating under, or subject to, the authorities of 
the Administrator of General Services must comply with these policies.



Sec. 102-71.30  How must these real property policies be implemented?

    Each Federal Government real property services provider must provide 
services that are in accord with the policies presented in parts 102-71 
through 102-82 of this chapter. Also, Federal agencies must make the 
provisions of any contract with private sector real property services 
providers conform to the policies in parts 102-71 through 102-82 of this 
chapter.



Sec. 102-71.35  Are agencies allowed to deviate from GSA's real property policies?

    Yes, see Sec. Sec. 102-2.60 through 102-2.110 of this chapter to 
request a deviation from the requirements of these real property 
policies.



PART 102-72--DELEGATION OF AUTHORITY--Table of Contents




Sec.
102-72.5  What is the scope of this part?
102-72.10  What basic policy governs delegation of authority to Federal 
          agencies?
102-72.15  What criteria must a delegation meet?
102-72.20  Are there limitations on this delegation of authority?
102-72.25  What are the different types of delegations of authority?
102-72.30  What are the different types of delegations related to real 
          estate leasing?
102-72.35  What are the requirements for obtaining an ACO delegation 
          from GSA?
102-72.40  What are facility management delegations?
102-72.45  What are the different types of delegations related to 
          facility management?
102-72.50  What are Executive agencies' responsibilities under a 
          delegation of real property management and operation authority 
          from GSA?
102-72.55  What are the requirements for obtaining a delegation of real 
          property management and operation authority from GSA?
102-72.60  What are Executive agencies' responsibilities under a 
          delegation of individual repair and alteration project 
          authority from GSA?
102-72.65  What are the requirements for obtaining a delegation of 
          individual repair and alteration project authority from GSA?
102-72.70  What are Executive agencies' responsibilities under a 
          delegation of lease management authority (contracting officer 
          representative authority) from GSA?
102-72.75  What are the requirements for obtaining a delegation of lease 
          management authority (contracting officer representative 
          authority) from GSA?
102-72.80  What are Executive agencies' responsibilities under a 
          disposal of real property delegation of authority from GSA?
102-72.85  What are the requirements for obtaining a disposal of real 
          property delegation of authority from GSA?
102-72.90  What are Executive agencies' responsibilities under a 
          security delegation of authority from GSA?

[[Page 129]]

102-72.95  What are the requirements for obtaining a security delegation 
          of authority from GSA?
102-72.100  What are Executive agencies' responsibilities under a 
          utility service delegation of authority from GSA?
102-72.105  What are the requirements for obtaining a utility services 
          delegation of authority from GSA?

    Authority: 40 U.S.C. 486(c), (d) and (e).

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-72.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-72.10  What basic policy governs delegation of authority to Federal agencies?

    The Administrator of General Services may delegate and may authorize 
successive redelegations of the real property authority vested in the 
Administrator to any Federal agency.



Sec. 102-72.15  What criteria must a delegation meet?

    Delegations must be in the Government's best interest, which means 
that GSA must evaluate such factors as whether a delegation would be 
cost effective for the Government in the delivery of space.



Sec. 102-72.20  Are there limitations on this delegation of authority?

    Federal agencies must exercise delegated real property authority and 
functions according to the parameters described in each delegation of 
authority document, and Federal agencies may only exercise the authority 
of the Administrator that is specifically provided within the delegation 
of authority document.



Sec. 102-72.25  What are the different types of delegations of authority?

    The basic types of GSA Delegations of Authority are:
    (a) Delegation of Leasing Authority;
    (b) Delegation of Real Property Management and Operation Authority;
    (c) Delegation of Individual Repair and Alteration Project 
Authority;
    (d) Delegation of Lease Management Authority (Contracting Office 
Representative Authority);
    (e) Delegation of Administrative Contracting Officer (ACO) 
Authority;
    (f) Delegation of Real Property Disposal Authority;
    (g) Security Delegation of Authority; and
    (h) Utility Services Delegation of Authority.



Sec. 102-72.30  What are the different types of delegations related to real estate leasing?

    Delegations related to real estate leasing include the following:
    (a) Categorical space delegations, Agency special purpose space 
delegations, and delegations to specific agencies for certain space and 
lands outside urban areas (see Sec. 101-18.104 of this title).
    (b) The Administrator of General Services has issued a standing 
delegation of authority (under a program known as ``Can't Beat GSA 
Leasing'') to the heads of all Federal agencies to accomplish all 
functions relating to leasing of general purpose space for terms of up 
to 20 years regardless of geographic location. This delegation includes 
some conditions Federal agencies must meet when conducting the 
procurement themselves, such as training in lease contracting and 
reporting data to GSA.
    (c) An Administrative Contracting Officer (ACO) delegation, in 
addition to lease management authority, provides Federal agencies with 
limited contracting officer authority to perform such duties as paying 
and withholding lessor rent and modifying lease provisions that don't 
change the lease term length or the amount of space under lease.



Sec. 102-72.35  What are the requirements for obtaining an ACO delegation from GSA?

    When Federal agencies don't exercise the delegation of authority for 
general purpose space mentioned in Sec. 102-72.30(b), GSA may consider 
granting an ACO delegation when Federal agencies:
    (a) Occupy at least 90 percent of the building's GSA-controlled 
space or

[[Page 130]]

Federal agencies have the written concurrence of 100 percent of rent-
paying occupants covered under the lease; and
    (b) Have the technical capability to perform the leasing function.



Sec. 102-72.40  What are facility management delegations?

    Facility management delegations give Executive agencies authority to 
operate and manage buildings day to day, to perform individual repair 
and alteration projects and manage real property leases.



Sec. 102-72.45  What are the different types of delegations related to facility management?

    The principal types of delegations involved in the management of 
facilities are:
    (a) Real property management and operation authority;
    (b) Individual repair and alteration project authority; and
    (c) Lease management authority (contracting officer representative 
authority).



Sec. 102-72.50  What are Executive agencies' responsibilities under a delegation of real property management and operation authority from GSA?

    With this delegation, Executive agencies have the authority to 
operate and manage buildings day to day. Delegated functions may include 
building operations, maintenance, recurring repairs, minor alterations, 
historic preservation, concessions, and energy management of specified 
buildings subject to the conditions in the delegation document.



Sec. 102-72.55  What are the requirements for obtaining a delegation of real property management and operation authority from GSA?

    An Executive agency may be delegated real property management and 
operation authority when it:
    (a) Occupies at least 90 percent of the space in the Government-
controlled facility or has the concurrence of 100 percent of the rent-
paying occupants to perform these functions; and
    (b) Demonstrates that it can perform the delegated real property 
management and operation responsibilities.



Sec. 102-72.60  What are Executive agencies' responsibilities under a delegation of individual repair and alteration project authority from GSA?

    With this delegation of authority, Executive agencies have the 
responsibility to perform individual repair and alterations projects. 
Executive agencies are delegated repair and alterations authority for 
reimbursable space alteration projects up to the simplified acquisition 
threshold, under Sec. 101-20.106 of this title.



Sec. 102-72.65  What are the requirements for obtaining a delegation of individual repair and alteration project authority from GSA?

    Executive agencies may be delegated repair and alterations authority 
for other individual alteration projects when they demonstrate the 
ability to perform the delegated repair and alterations responsibilities 
and when such a delegation promotes efficiency and economy.



Sec. 102-72.70  What are Executive agencies' responsibilities under a delegation of lease management authority (contracting officer representative authority) 
          from GSA?

    When an Executive agency does not exercise the delegation of 
authority mentioned in Sec. 102-72.30(b) to lease general purpose space 
itself, it may be delegated, upon request, lease management authority to 
manage the administration of one or more lease contracts awarded by GSA.



Sec. 102-72.75  What are the requirements for obtaining a delegation of lease management authority (contracting officer representative authority) from GSA?

    An Executive agency may be delegated lease management authority when 
it:
    (a) Occupies at least 90 percent of the building's GSA-controlled 
space or has the written concurrence of 100 percent of rent-paying 
occupants covered under the lease to perform this function; and
    (b) Demonstrates the ability to perform the delegated lease 
management responsibilities.

[[Page 131]]



Sec. 102-72.80  What are Executive agencies' responsibilities under a disposal of real property delegation of authority from GSA?

    With this delegation, Executive agencies have the authority to 
utilize and dispose of excess or surplus real and related personal 
property and to grant approvals and make determinations subject to the 
conditions in the delegation document.



Sec. 102-72.85  What are the requirements for obtaining a disposal of real property delegation of authority from GSA?

    While disposal delegations to Executive agencies are infrequent, GSA 
may delegate authority to them based on situations involving certain 
low-value properties and when they can demonstrate that they have the 
technical expertise to perform the disposition functions. GSA may grant 
special delegations of authority to Executive agencies for the 
utilization and disposal of certain real property through the procedures 
set forth in part 101-47, subpart 101-47.6, of this title.



Sec. 102-72.90  What are Executive agencies' responsibilities under a security delegation of authority from GSA?

    With a security delegation, Executive agencies have the authority 
and responsibility to protect persons and property at the locations 
identified in the delegation document.



Sec. 102-72.95  What are the requirements for obtaining a security delegation of authority from GSA?

    Executive agencies may be delegated security authority when any of 
the following conditions exist:
    (a) A clear and unique security requirement;
    (b) A critical national security issue;
    (c) An intelligence or law enforcement mission; or
    (d) The current security contractor is ineffective.



Sec. 102-72.100  What are Executive agencies' responsibilities under a utility service delegation of authority from GSA?

    With this delegation, Executive agencies have the authority to 
negotiate and execute utility services contracts for periods over one 
year but not exceeding ten years for their use and benefit. Agencies 
also have the authority to intervene in utility rate proceedings to 
represent the consumer interests of the Federal Government, if so 
provided in the delegation of authority.



Sec. 102-72.105  What are the requirements for obtaining a utility services delegation of authority from GSA?

    Executive agencies may be delegated utility services authority when 
they have the technical expertise and adequate staffing.



PART 102-73--REAL ESTATE ACQUISITION--Table of Contents




Sec.
102-73.5  What is the scope of this part?
102-73.10  What is the basic real estate acquisition policy?
102-73.15  What real estate acquisition and related services must 
          Federal agencies provide?
102-73.20  When may Federal agencies consider leases of privately owned 
          land and buildings to satisfy their space needs?
102-73.25  Are Federal agencies required to give priority consideration 
          to space in buildings under the custody and control of the 
          United States Postal Service in fulfilling Federal agency 
          space needs?
102-73.30  On what basis must Federal agencies acquire leases?
102-73.35  Are Executive agencies required to acquire leased space by 
          negotiation?
102-73.40  Is the CICA applicable to lease acquisition?
102-73.45  What policy must Executive agencies comply with in locating 
          Federal facilities?
102-73.50  What historic preservation provisions must Federal agencies 
          comply with when acquiring space by lease?
102-73.55  With whom may Federal agencies enter into lease agreements?
102-73.60  Are there any limitations on leasing certain space?
102-73.65  When may Federal agencies consider acquiring leases with 
          purchase options?
102-73.70  What scoring rules must Federal agencies follow when 
          considering leases and leases with purchase options?
102-73.75  When may Federal agencies consider purchase of buildings?
102-73.80  What factors must Executive agencies consider when purchasing 
          sites?
102-73.85  What land acquisition policy must Federal agencies follow?

[[Page 132]]

102-73.90  What relocation assistance policy must Federal agencies 
          follow?
102-73.95  Is a prospectus required for all acquisition, construction or 
          alteration projects?
102-73.100  What happens if the project exceeds the prospectus 
          threshold?

    Authority: 40 U.S.C. 486(c); Sec. 3(c), Reorganization Plan No. 18 
of 1950 (40 U.S.C. 490 note); Sec. 1-201(b), E.O. 12072, 43 FR 36869, 3 
CFR, 1978 Comp., p. 213.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-73.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-73.10  What is the basic real estate acquisition policy?

    If suitable Government-controlled space is unavailable, Executive 
agencies must acquire real estate and related services in an efficient 
and cost effective manner.



Sec. 102-73.15  What real estate acquisition and related services must Federal agencies provide?

    Federal agencies, upon approval from GSA, may provide real estate 
and related services, including leases (with and without purchase 
options), building purchase, purchase of sites, condemnation, and 
relocation assistance.



Sec. 102-73.20  When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs?

    Federal agencies may consider leases of privately owned land and 
buildings only when needs cannot be satisfactorily met in Government-
controlled space and one or more of the following conditions exist:
    (a) Leasing is more advantageous to the Government than constructing 
a new building, or more advantageous than altering an existing Federal 
building;
    (b) New construction or alteration is unwarranted because demand for 
space in the community is insufficient, or is indefinite in scope or 
duration; or
    (c) Federal agencies cannot provide for the completion of a new 
building within a reasonable time.



Sec. 102-73.25  Are Federal agencies required to give priority consideration to space in buildings under the custody and control of the United States Postal 
          Service in fulfilling Federal agency space needs?

    Yes, after considering the availability of GSA-controlled space, 
Federal agencies must extend priority consideration to available space 
in buildings under the custody and control of the United States Postal 
Service (USPS) in fulfilling Federal agency space needs.



Sec. 102-73.30  On what basis must Federal agencies acquire leases?

    Federal agencies must acquire leases on the most favorable basis to 
the Federal Government, with due consideration to maintenance and 
operational efficiency, and at charges consistent with prevailing market 
rates for comparable facilities in the community.



Sec. 102-73.35  Are Executive agencies required to acquire leased space by negotiation?

    Yes, Executive agencies must acquire leased space by negotiation, 
except where the sealed bid procedure is required by the Competition in 
Contracting Act of 1984 (CICA), as amended (41 U.S.C. 253(a)). See also 
40 U.S.C. 618(b) with respect to the use of competitive procedures for 
the acquisition of leaseholds in buildings constructed for Federal 
Government use.



Sec. 102-73.40  Is the CICA applicable to lease acquisition?

    Yes, Executive agencies must obtain full and open competition among 
suitable locations meeting minimum Government requirements, except as 
otherwise provided by CICA.



Sec. 102-73.45  What policy must Executive agencies comply with in locating Federal facilities?

    When acquiring space by lease, Executive agencies must comply with 
the location policies in Sec. 101-17.205 and Sec. 102-79.90 (E.O. 13006 
(61 FR 26071, 3 CFR, 1996 Comp., p. 195)) of this title.

[[Page 133]]



Sec. 102-73.50  What historic preservation provisions must Federal agencies comply with when acquiring space by lease?

    When acquiring space by lease, Federal agencies must comply with the 
provisions of section 110(a) of the National Historic Preservation Act 
of 1966, as amended, (16 U.S.C. 470h-2(a)), regarding the use of 
historic properties.



Sec. 102-73.55  With whom may Federal agencies enter into lease agreements?

    Federal agencies, upon approval from GSA, may enter into lease 
agreements with any person, copartnership, corporation, or other public 
or private entity, which do not bind the Government for periods in 
excess of twenty years (40 U.S.C. 490(h)(1)). This policy does not 
include persons who might otherwise be barred from contracting with the 
Federal Government (e.g., debarred or suspended contractors or Members 
of Congress).



Sec. 102-73.60  Are there any limitations on leasing certain space?

    Yes, the limitations on leasing certain space are as follows:
    (a) In general, Federal agencies may not lease any space to 
accommodate computer and telecommunications operations; secure or 
sensitive activities related to the national defense or security; or a 
permanent courtroom, judicial chamber, or administrative office for any 
United States court, if the average annual net rental cost of leasing 
such space would exceed the prospectus threshold (40 U.S.C. 606(e)).
    (b) Federal agencies may lease such space only if the Administrator 
of General Services first determines that leasing such space is 
necessary to meet requirements which cannot be met in public buildings 
and submits such reasons to the Committee on Environment and Public 
Works of the Senate and the Committee on Public Works and Transportation 
of the House of Representatives in accordance with 40 U.S.C. 606(e).



Sec. 102-73.65  When may Federal agencies consider acquiring leases with purchase options?

    Agencies may consider leasing with a purchase option at or below 
fair market value when one or more of the following conditions exist:
    (a) The purchase option offers economic and other advantages to the 
Government and is consistent with the Government's goals;
    (b) The Government is the sole or major tenant of the building, and 
has a long-term need for the property; or
    (c) Leasing with a purchase option is otherwise in the best interest 
of the Government.



Sec. 102-73.70  What scoring rules must Federal agencies follow when considering leases and leases with purchase options?

    All Federal agencies must follow the budget scorekeeping rules for 
leases, capital leases, and lease-purchases identified in appendices A 
and B of OMB Circular A-11 (For availability, see 5 CFR 1310.3).



Sec. 102-73.75  When may Federal agencies consider purchase of buildings?

    Agencies may consider purchase of buildings on a case-by-case basis 
when one or more of the following conditions exist:
    (a) It is economically more beneficial to own and manage the 
property;
    (b) There is a long-term need for the property;
    (c) The property is an existing building, or a building nearing 
completion, that can be purchased and occupied within a reasonable time; 
or
    (d) When otherwise in the best interests of the Government.



Sec. 102-73.80  What factors must Executive agencies consider when purchasing sites?

    Agencies must locate proposed Federal buildings on sites that are 
most advantageous to the United States. Executive agencies must consider 
factors such as whether the site will contribute to economy and 
efficiency in the construction, maintenance and operation of the 
individual building, and how the proposed site relates to the

[[Page 134]]

Government's total space needs in the community. Prior to acquiring, 
constructing or leasing buildings (or sites for such buildings), Federal 
agencies must use, to the maximum extent feasible, historic properties 
available to the agency. In site selections, Executive agencies must 
consider Executive Orders 12072 (3 CFR, 1978 Comp., p. 213) and 13006 
(40 U.S.C. 601a note). In addition, Executive agencies must consider all 
of the following:
    (a) Maximum utilization of Government-owned land (including excess 
land) whenever it is adequate, economically adaptable to requirements 
and properly located, where such use is consistent with the provisions 
of part 101-47, subpart 101-47.8, of this title.
    (b) A site adjacent to or in the proximity of an existing Federal 
building which is well located and is to be retained for long-term 
occupancy.
    (c) The environmental condition of proposed sites prior to purchase: 
The sites must be free from contamination, unless it is otherwise 
determined to be in the best interests of the Government to purchase a 
contaminated site (e.g., reuse of a site under an established 
``Brownsfields'' program).
    (d) Purchase options to secure the future availability of a site.
    (e) All applicable policies concerning the location of Federal 
facilities (e.g., to give first priority to locating facilities in rural 
areas under the Rural Development Act (7 U.S.C. 2204b-1)).



Sec. 102-73.85  What land acquisition policy must Federal agencies follow?

    Federal agencies must follow a land acquisition policy that:
    (a) Encourages and expedites the acquisition of real property by 
agreements with owners;
    (b) Avoids litigation, including condemnation actions, where 
possible and relieves congestion in the courts;
    (c) Provides for consistent treatment of owners; and
    (d) Promotes public confidence in Federal land acquisition 
practices.



Sec. 102-73.90  What relocation assistance policy must Federal agencies follow?

    Federal agencies, upon approval from GSA, must provide appropriate 
relocation assistance under the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act (42 U.S.C. 4651-4655) to eligible 
owners and tenants of property purchased for use by Federal agencies. 
Appropriate relocation assistance means that the Federal agency must pay 
the displaced person for actual reasonable moving expenses (in moving 
himself, his family, business, etc.); actual direct losses of tangible 
personal property as a result of moving or discontinuing a business; 
actual reasonable expenses in searching for a replacement business or 
farm; and actual reasonable expenses necessary to reestablish a 
displaced farm, nonprofit organization, or small business at its new 
site, but not to exceed $10,000. The implementing regulations are found 
in 49 CFR part 24 (see Sec. 105-51.000 of this title).



Sec. 102-73.95  Is a prospectus required for all acquisition, construction or alteration projects?

    (a) No, a prospectus is not required if the dollar value of a 
project does not exceed the prospectus threshold. The Public Buildings 
Act of 1959, as amended, 40 U.S.C. 601-619, establishes a prospectus 
threshold, applicable to Federal agencies operating under, or subject 
to, the authorities of the Administrator of General Services, for the 
construction, alteration, purchase, and acquisition of any building to 
be used as a public building, and establishes a prospectus threshold to 
lease any space for use for public purposes. (Because of the important 
role the prospectus approval process plays in the budget preparation and 
planning process and with Congressional oversight responsibilities, 
Federal agencies must continue to prepare and submit prospectuses for 
all projects that exceed the prospectus threshold identified in 
Sec. 102-73.55. All GSA delegations of leasing, alteration, and 
construction authority are subject to this policy.)
    (b) Public Law 104-66, 109 Stat. 734, eliminated the prospectus 
submission requirement of the Public Buildings Act of 1959 (40 U.S.C. 
606(a) and 610(b)).

[[Page 135]]



Sec. 102-73.100  What happens if the project exceeds the prospectus threshold?

    Such projects require approval by the Senate and the House of 
Representatives if the dollar value exceeds the prospectus threshold. In 
order to obtain this approval, prospectuses for such projects must be 
submitted to GSA and the Administrator of General Services will transmit 
the proposed prospectuses to Congress for consideration by the Senate 
and the House of Representatives.



PART 102-74--FACILITY MANAGEMENT--Table of Contents




Sec.
102-74.5  What is the scope of this part?
102-74.10  What is the basic facility management policy?
102-74.15  What are occupancy services?
102-74.20  What responsibilities do Executive agencies have regarding 
          occupancy services?
102-74.25  What standard in providing occupancy services must Executive 
          agencies follow?
102-74.30  What building services must Executive agencies provide?
102-74.35  What are concessions services?
102-74.40  When must Federal agencies provide concessions services?
102-74.45  Are Federal agencies required to give blind vendors priority 
          in operating vending facilities?
102-74.50  What are conservation programs?
102-74.55  What are asset services?
102-74.60  What asset services must Executive agencies provide?
102-74.65  What standard in providing asset services must Executive 
          agencies follow?
102-74.70  What Federal facility ridesharing policy must Executive 
          agencies follow?
102-74.75  What steps must Executive agencies take to promote 
          ridesharing at Federal facilities?
102-74.80  What specific ridesharing information must Executive agencies 
          report to the Administrator of General Services?
102-74.85  Where should Executive agencies send their Federal Facility 
          Ridesharing Reports?
102-74.90  Are there any exceptions to these ridesharing reporting 
          requirements?

    Authority: 40 U.S.C. 486(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980 
Comp., p 138.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-74.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-74.10  What is the basic facility management policy?

    Executive agencies must manage, operate, and maintain Government-
owned and leased buildings in a manner that provides for quality space 
and services consistent with their operational needs and that accomplish 
overall Government objectives. The management, operation, and 
maintenance of buildings and building systems must:
    (a) Be cost effective and energy efficient;
    (b) Be adequate to meet the agencies' missions;
    (c) Meet nationally recognized standards; and
    (d) Be at an appropriate level to maintain and preserve the physical 
plant assets, consistent with available funding.



Sec. 102-74.15  What are occupancy services?

    Occupancy services are:
    (a) Building services (see Sec. 102-74.30);
    (b) Concession services; and
    (c) Conservation programs.



Sec. 102-74.20  What responsibilities do Executive agencies have regarding occupancy services?

    Executive agencies, upon approval from GSA, must manage, administer, 
and enforce the requirements of agreements (such as Memoranda of 
Understanding, etc.) and contracts that provide for the delivery of 
occupancy services.



Sec. 102-74.25  What standard in providing occupancy services must Executive agencies follow?

    Executive agencies must provide occupancy services that 
substantially conform to nationally recognized standards. As needed, 
Executive agencies may adopt other standards for buildings and services 
in Federally-

[[Page 136]]

controlled facilities in order to conform to statutory requirements and 
to implement cost-reduction efforts.



Sec. 102-74.30  What building services must Executive agencies provide?

    Executive agencies, upon approval from GSA, must provide:
    (a) Building services such as custodial, solid waste management 
(including recycling), heating and cooling, landscaping and grounds 
maintenance, tenant alterations, minor repairs, building maintenance, 
integrated pest management, signage, parking, and snow removal, at 
appropriate levels to support Federal agency missions; and
    (b) Arrangements for raising and lowering the United States flags at 
appropriate times. In addition, agencies must display P.O.W. and M.I.A. 
flags at locations specified in 36 U.S.C. 189a on P.O.W./M.I.A. flag 
display days.



Sec. 102-74.35  What are concessions services?

    Concessions services are services such as dry cleaners, gift shops, 
vending facilities (onsite preparation facilities, prepackaged 
facilities, sundry facilities, and vending machines), cafeterias, 
employee health units, and public pay telephones.



Sec. 102-74.40  When must Federal agencies provide concessions services?

    Federal agencies, upon approval from GSA, must provide concessions 
services where building population supports such services and when the 
availability of existing commercial services is insufficient to meet 
Federal agency needs. See the Randolph-Sheppard Act, as amended, 20 
U.S.C. 107 et seq., and part 101-20, subpart 101-20.2, of this title.



Sec. 102-74.45  Are Federal agencies required to give blind vendors priority in operating vending facilities?

    With certain exceptions, the Randolph-Sheppard Act requires that 
blind persons licensed under the provisions of the Act be authorized to 
operate vending facilities on any Federal property, including leased 
buildings. The Act imposes a positive obligation on Federal agencies to 
have suitable sites for vending facilities in buildings that they 
acquire.



Sec. 102-74.50  What are conservation programs?

    Conservation programs are programs that improve energy and water 
efficiency and promote the use of solar and other renewable energy. 
These programs must promote and maintain an effective source reduction 
activity (reducing consumption of resources such as energy, water and 
paper), resource recovery activity (obtaining materials from the waste 
stream that can be recycled into new products), and reuse activity 
(reusing same product before disposition, such as reusing unneeded memos 
for scratch paper).



Sec. 102-74.55  What are asset services?

    Asset services include repairs (as opposed to those minor repairs 
identified in Sec. 102-74.30(a)), alterations, and modernizations for 
real property assets. Typically, these are the type of repairs and 
alterations necessary to preserve or enhance the value of the real 
property asset.



Sec. 102-74.60  What asset services must Executive agencies provide?

    Executive agencies, upon approval from GSA, must provide asset 
services such as repairs (in addition to those minor repairs identified 
in Sec. 102-74.30(a)), alterations, and modernizations for real property 
assets. Federal agencies must follow the prospectus submission and 
approval policy identified in Sec. Sec. 102-73.95 and 102-73.100.



Sec. 102-74.65  What standard in providing asset services must Executive agencies follow?

    Executive agencies must provide asset services that maintain 
continuity of Government operations, continue efficient building 
operations, extend the useful life of buildings and related building 
systems, and provide a quality workplace environment that enhances 
employee productivity.

[[Page 137]]



Sec. 102-74.70  What Federal facility ridesharing policy must Executive agencies follow?

    Executive agencies must actively promote the use of ridesharing 
(carpools, vanpools, privately leased buses, public transportation, and 
other multi-occupancy modes of travel) by personnel working at Federal 
facilities to conserve energy, reduce congestion, improve air quality, 
and provide an economical way for Federal employees to commute to work.



Sec. 102-74.75  What steps must Executive agencies take to promote ridesharing at Federal facilities?

    Agencies must:
    (a) Establish an annual ridesharing goal for each facility.
    (b) Report to the Administrator of General Services by June 1 of 
each year the goals established, the means developed to achieve those 
goals, and the progress achieved.
    (c) Cooperate with State and local ridesharing agencies where such 
agencies exist.



Sec. 102-74.80  What specific ridesharing information must Executive agencies report to the Administrator of General Services?

    The head of each agency must submit to GSA by June 1 of each year a 
report which includes all of the following:
    (a) The name, address, title, and telephone number of the agencywide 
Employee Transportation Coordinator (ETC).
    (b) A narrative on actions taken and barriers encountered in 
promoting ridesharing within the agency.
    (c) Information on any noticeable facility achievements.
    (d) A copy of instructions issued to the agency's facility ETC's for 
implementing the Federal Facility Ridesharing Program.



Sec. 102-74.85  Where should Executive agencies send their Federal Facility Ridesharing Reports?

    Agencies must send their Federal Facility Ridesharing Reports to the 
Real Property Policy Division (MPR), General Services Administration, 
1800 F Street, NW., Washington, DC 20405.



Sec. 102-74.90  Are there any exceptions to these ridesharing reporting requirements?

    Yes, facilities with less than 100 full-time employees or less than 
100 full-time employees on the largest shift are not required to submit 
an annual report. Agencies must not subdivide buildings, groups of 
buildings, or worksites for the purpose of meeting the exception 
standards.



PART 102-75--REAL PROPERTY DISPOSAL--Table of Contents




Sec.
102-75.5  What is the scope of this part?
102-75.10  What basic real property disposal policy governs Executive 
          agencies?
102-75.15  What real property disposal services must Executive agencies 
          provide?
102-75.20  What are Executive agencies' responsibilities concerning the 
          utilization of excess property?
102-75.25  What are Executive agencies' responsibilities concerning real 
          property surveys?
102-75.30  When may landholding Federal agencies grant rights for non-
          Federal interim use of excess property reported to GSA?
102-75.35  What are Executive agencies' responsibilities concerning the 
          disposal of surplus property?
102-75.40  When may Executive agencies dispose of surplus real property 
          by exchange for privately owned property?
102-75.45  When may Executive agencies outlease surplus real property 
          for non-Federal interim use?
102-75.50  What are Federal agencies' reporting responsibilities under 
          the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
          11411)?
102-75.55  What are Executive agencies' responsibilities concerning 
          public benefit conveyances?
102-75.60  When may Executive agencies conduct negotiated sales?
102-75.65  What are Executive agencies' responsibilities concerning 
          negotiated sales?
102-75.70  What can Executive agencies do to eliminate the potential for 
          windfall profits to public agencies in negotiated sales?
102-75.75  What is a negotiated sale for economic development purposes?
102-75.80  What are Executive agencies' responsibilities concerning 
          public sales?
102-75.85  How can Federal agencies obtain related disposal services?
102-75.90  What type of appraisal value must be obtained for real 
          property disposal transactions?

[[Page 138]]

102-75.95  Are appraisals required for all real property disposal 
          transactions?
102-75.100  Who must appraise the real property?

    Authority: 40 U.S.C. 486(c), 483(a), and 484; E.O. 12512, 50 FR 
18453, 3 CFR, 1985 Comp., p. 340.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-75.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-75.10  What basic real property disposal policy governs Executive agencies?

    Executive agencies must provide, in a timely, efficient, and cost 
effective manner, the full range of real estate services necessary to 
support their real property utilization and disposal needs. Landholding 
agencies must make surveys of real property under their jurisdiction to 
identify property that is unutilized, underutilized, or not being put to 
optimum use. Executive agencies must have adequate procedures in place 
to promote the effective utilization and disposal of such real property.



Sec. 102-75.15  What real property disposal services must Executive agencies provide?

    Executive agencies must provide real property disposal services for 
real property assets under their custody and control. These real 
property disposal services include utilization of excess property, 
surveys, disposal of surplus property, public benefit conveyances, 
negotiated sales, public sales, related disposal services, and 
appraisals.



Sec. 102-75.20  What are Executive agencies' responsibilities concerning the utilization of excess property?

    Executive agencies' responsibilities concerning the utilization of 
excess property are to:
    (a) Increase the identification and reporting of their excess real 
property;
    (b) Achieve maximum use of their excess real property, in terms of 
economy and efficiency, to minimize expenditures for the purchase of 
real property;
    (c) Provide for the transfer of excess real property among Federal 
agencies, to mixed-ownership Government corporations, and to the 
municipal government of the District of Columbia; and
    (d) Obtain assistance from GSA in resolving conflicting requests for 
transferring real property that the involved agencies cannot resolve.



Sec. 102-75.25  What are Executive agencies' responsibilities concerning real property surveys?

    A landholding agency's responsibilities concerning real property 
surveys are to:
    (a) Survey real property under its control (i.e., that property 
reported on its financial statements) at least annually to identify 
property that is not needed, underutilized, or not being put to optimum 
use. When other needs for the property are identified or recognized, the 
agency must determine whether continuation of the current use or another 
use would better serve the public interest, considering both the Federal 
agency's needs and the property's location. In conducting annual reviews 
of their property holdings, Sec. 101-47.801(b) of this title and other 
applicable GSA regulations provide guidelines for Executive agencies to 
consider in identifying unneeded Federal real property;
    (b) Maintain its inventory of real property at the absolute minimum 
consistent with economical and efficient conduct of the affairs of the 
agency; and
    (c) Promptly report to GSA real property that it has determined to 
be excess.



Sec. 102-75.30  When may landholding Federal agencies grant rights for non-Federal interim use of excess property reported to GSA?

    Landholding Federal agencies may grant rights for non-Federal 
interim use of excess property reported to GSA, when it is determined 
that such excess property is not required for the needs of any Federal 
agency.

[[Page 139]]



Sec. 102-75.35  What are Executive agencies' responsibilities concerning the disposal of surplus property?

    Executive agencies must obtain from GSA a determination that their 
excess real property is not needed for Federal use and is surplus to the 
needs of the Federal Government. After receiving this determination, 
Executive agencies, upon approval from GSA, must expeditiously make the 
surplus property available for acquisition by State and local 
governmental units and nonprofit institutions (see Sec. 102-75.55) or 
for sale by public advertising, negotiation, or other disposal action. 
Executive agencies must consider the availability of real property for 
public purposes on a case-by-case basis, based on highest and best use 
and estimated fair market value. See Sec. 101-47.202-2(b) of this title 
for the requirements for reporting excess real property. Where hazardous 
substance activity is identified, see Sec. 101-47.304-14 of this title 
for required information that the disposal agency must incorporate into 
Invitation for Bids/Offers to Purchase.



Sec. 102-75.40  When may Executive agencies dispose of surplus real property by exchange for privately owned property?

    Executive agencies may dispose of surplus real property by exchange 
for privately owned property only:
    (a) For property management considerations such as boundary 
realignment or provision of access; or
    (b) Where authorized by law, when the requesting Federal agency 
receives approval from the Office of Management and Budget and the 
appropriate oversight committees, and where the transaction offers 
substantial economic or unique program advantages not otherwise 
obtainable by any other acquisition method.



Sec. 102-75.45  When may Executive agencies outlease surplus real property for non-Federal interim use?

    Executive agencies may outlease surplus real property for non-
Federal interim use, pending its disposition, when both of the following 
conditions exist:
    (a) The lease or permit does not exceed one year and is revocable 
with not more than a 30-day notice by the disposal agency; and
    (b) The use and occupancy will not interfere with, delay, or impede 
the disposal of the property.



Sec. 102-75.50  What are Federal agencies' reporting responsibilities under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411)?

    By December 31 of each year, each landholding agency responsible for 
reporting must notify the Department of Housing and Urban Development 
(HUD) regarding the current availability status and classification of 
each property controlled by the agency that:
    (a) Was included in a list of suitable properties published that 
year by HUD; and
    (b) Remains available for application for use to assist the 
homeless, or has become available for application during that year.



Sec. 102-75.55  What are Executive agencies' responsibilities concerning public benefit conveyances?

    Based on a highest and best use analysis, Executive agencies, upon 
approval from GSA, may make surplus real property available to State and 
local governments and certain nonprofit institutions at up to 100 
percent public benefit discount for public benefit purposes. Some 
examples of such purposes are education, health, park and recreation, 
the homeless, historic monuments, public airports, highways, 
correctional facilities, ports, and wildlife conservation. The 
implementing regulations are found at Sec. 101-47.308 of this title.



Sec. 102-75.60  When may Executive agencies conduct negotiated sales?

    Executive agencies may conduct negotiated sales only when:
    (a) The estimated fair market value of the property does not exceed 
$15,000; or
    (b) Bid prices after advertising are unreasonable (for all or part 
of the property) or were not independently arrived at in open 
competition; or
    (c) The character or condition of the property or unusual 
circumstances make it impractical to advertise for competitive bids and 
the fair market

[[Page 140]]

value of the property and other satisfactory terms of disposal are 
obtainable by negotiation; or
    (d) The disposals will be to States, Commonwealth of Puerto Rico, 
possessions, political subdivisions thereof, or tax-supported agencies 
therein, and the estimated fair market value of the property and other 
satisfactory terms of disposal are obtainable by negotiations. Such 
negotiated sales to public bodies must be limited to where a public 
benefit will result from a negotiated sale which would not be realized 
from a competitive sale disposal (some examples of such purposes are 
administrative offices and economic development); or
    (e) Negotiation is otherwise authorized by the Federal Property and 
Administrative Services Act of 1949 or other law, such as disposals of 
power transmission lines for public or cooperative power projects.



Sec. 102-75.65  What are Executive agencies' responsibilities concerning negotiated sales?

    Executive agencies must:
    (a) Obtain such competition as is feasible in all negotiations of 
disposals and contracts for disposal of surplus property; and
    (b) Prepare and transmit an explanatory statement, identifying the 
circumstances of each disposal by negotiation for any real property 
specified in 40 U.S.C. 484(e)(6)(A), to the appropriate committees of 
the Congress in advance of such disposal.



Sec. 102-75.70  What can Executive agencies do to eliminate the potential for windfall profits to public agencies in negotiated sales?

    To eliminate the potential for windfall profits to public agencies, 
Executive agencies must include in negotiated sales to public agencies 
an excess profits clause, which usually runs for 3 years. This clause 
states that, if the purchaser should sell or enter into agreements to 
sell the property within 3 years from the date of title transfer by the 
Federal Government, all proceeds in excess of the purchasers costs will 
be remitted to the Federal Government. (Put the clause found in 
Sec. 101-47.4908 of this title in the offer to purchase and in the 
conveyance document.)



Sec. 102-75.75  What is a negotiated sale for economic development purposes?

    A negotiated sale for economic development purposes means that the 
public body purchasing the property will develop or make substantial 
improvements to the property with the intention of reselling or leasing 
the property in parcels to users to advance the community's economic 
benefit. This type of negotiated sale is acceptable where the expected 
public benefits to the community are greater than the anticipated 
proceeds derived from a competitive public sale.



Sec. 102-75.80  What are Executive agencies' responsibilities concerning public sales?

    Executive agencies must make available by competitive public sale 
any surplus property that is not disposed of by public benefit discount 
conveyance or by negotiated sale. Awards must be made to the responsible 
bidder whose bid will be most advantageous to the Government, price and 
other factors considered.



Sec. 102-75.85  How can Federal agencies obtain related disposal services?

    Federal agencies with independent disposal authority are encouraged 
to obtain disposal related services from those agencies with expertise 
in real property disposal, such as GSA, as allowed by 31 U.S.C. 1535 
(the Economy Act), so that agencies may remain focused on their core 
mission.



Sec. 102-75.90  What type of appraisal value must be obtained for real property disposal transactions?

    For all real property transactions requiring appraisals, Executive 
agencies must in all cases obtain, as appropriate, an appraisal of 
either the fair market value or the fair annual rental value of property 
available for disposal.



Sec. 102-75.95  Are appraisals required for all real property disposal transactions?

    Generally, yes, appraisals are required for all real property 
disposal

[[Page 141]]

transactions. However, appraisals are not required when either of the 
following conditions exist:
    (a) An appraisal will serve no useful purpose (e.g., legislation 
authorizes conveyance without monetary consideration or at a fixed 
price). This exception does not apply to negotiated sales to public 
agencies intending to use the property for a public purpose not covered 
by any of the special disposal provisions in Sec. 101-47.308 of this 
title.
    (b) The estimated fair market value of property to be offered on a 
competitive sale basis does not exceed $50,000.



Sec. 102-75.100  Who must appraise the real property?

    Executive agencies must use only experienced and qualified real 
estate appraisers familiar with types of property to be appraised when 
conducting the appraisal. When an appraisal is required for the purposes 
of disposing of surplus property by negotiation under Sec. 102-75.60(c), 
(d), or (e), contract appraisers that meet this same standard must be 
used. However, Executive agencies may authorize any other method of 
obtaining an estimate of the fair market value or the fair annual rental 
when the cost of obtaining such data from a contract appraiser would be 
out of proportion to the expected recoverable value of the property.



PART 102-76--DESIGN AND CONSTRUCTION--Table of Contents




Sec.
102-76.5  What is the scope of this part?
102-76.10  What basic design and construction policy governs Federal 
          agencies?
102-76.15  What are design and construction services?
102-76.20  What issues must Federal agencies consider in providing site 
          planning and landscape design services?
102-76.25  What standards must Federal agencies meet in providing 
          architectural and interior design services?
102-76.30  Seismic safety. [Reserved]
102-76.35  Flood plains. [Reserved]

    Authority: 40 U.S.C. 486(c) (in furtherance of the Administrator's 
authorities under 40 U.S.C. 601-619 and elsewhere as included under 40 
U.S.C. 490(a) and (c)); E.O. 12411, 48 FR 13391, 3 CFR, 1983 Comp., p. 
155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-76.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-76.10  What basic design and construction policy governs Federal agencies?

    Federal agencies, upon approval from GSA, are bound by the following 
basic design and construction policies:
    (a) Provide the highest quality services for designing and 
constructing new Federal facilities and for repairing and altering 
existing Federal facilities. These services must be timely, efficient, 
and cost effective.
    (b) Use a distinguished architectural style and form in Federal 
facilities that reflects the dignity, enterprise, vigor and stability of 
the Federal Government.
    (c) Follow nationally recognized model building codes and other 
applicable nationally recognized codes that govern Federal construction 
to the maximum extent feasible and consider local building code 
requirements. (See 40 U.S.C. 618 and 619.)
    (d) Design Federal buildings to have a long life expectancy and 
accommodate periodic changes due to renovations.
    (e) Make buildings cost effective, energy efficient, and accessible 
to and usable by the physically impaired.
    (f) Provide for building service equipment that is accessible for 
maintenance, repair, or replacement without significantly disturbing 
occupied space.
    (g) Consider ease of operation when selecting mechanical and 
electrical equipment.
    (h) Agencies must follow the prospectus submission and approval 
policy identified in Secs. 102-73.95 and 102-73.100 of this chapter.



Sec. 102-76.15  What are design and construction services?

    Design and construction services are:

[[Page 142]]

    (a) Site planning and landscape design;
    (b) Architectural and interior design; and
    (c) Engineering systems design.



Sec. 102-76.20  What issues must Federal agencies consider in providing site planning and landscape design services?

    In providing site planning and design services, Federal agencies 
must:
    (a) Make the site planning and landscape design a direct extension 
of the building design;
    (b) Make a positive contribution to the surrounding landscape;
    (c) Consider requirements (other than procedural requirements) of 
local zoning laws and laws relating to setbacks, height, historic 
preservation and aesthetic qualities of a building;
    (d) Identify areas for future building expansion in the 
architectural and site design concept for all buildings where an 
expansion need is identified to exist;
    (e) Create a landscape design that is a pleasant, dynamic experience 
for occupants and visitors to Federal facilities and, where appropriate, 
encourage public access to and stimulate pedestrian traffic around the 
facilities. Coordinate the landscape design with the architectural 
characteristics of the building; and
    (f) Comply with the requirements of the National Environmental 
Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and the National 
Historic Preservation Act, as amended, 16 U.S.C. 470 et seq., for each 
project.
    (g) Consider the vulnerability of the facility as well as the 
security needs of the occupying agencies.



Sec. 102-76.25  What standards must Federal agencies meet in providing architectural and interior design services?

    Federal agencies must design distinctive and high quality Federal 
facilities that meet all of the following standards:
    (a) Reflect the local architecture in buildings through the use of 
building form, materials, colors, or detail. Express a quality of 
permanence in the building interior similar to the building exterior.
    (b) For new construction and major renovations, provide full access 
to and use of Federally-controlled facilities for physically impaired 
persons. Follow the Architectural Barriers Act of 1968, 42 U.S.C. 4151-
4157 (Uniform Federal Accessibility Standards (UFAS)) or Americans with 
Disabilities Act of 1990, Public Law 101-336, 104 Stat. 327 (ADA 
accessibility guidelines), whichever is more stringent. For minor 
renovations in existing buildings, meet minimum UFAS requirements. A 
more detailed explanation of these standards can be found in part 101-
19, subpart 101-19.6, of this title.
    (c) Use metric specifications in construction where the metric 
system is the accepted industry standard, and to the extent that such 
usage is economically feasible and practical.
    (d) Provide for the design of security systems to protect Federal 
workers and visitors and to safeguard facilities against criminal 
activity and/or terrorist activity. Security design must support the 
continuity of Government operations during civil disturbances, natural 
disasters and other emergency situations.
    (e) Design and construct facilities that meet or exceed the energy 
performance standards applicable to Federal buildings in 10 CFR part 
435.



Sec. 102-76.30  Seismic safety. [Reserved]



Sec. 102-76.35  Flood plains. [Reserved]



PART 102-77--ART-IN-ARCHITECTURE--Table of Contents




Sec.
102-77.5  What is the scope of this part?
102-77.10  What basic Art-in-architecture policy governs Federal 
          agencies?
102-77.15  Who funds the Art-in-architecture efforts?
102-77.20  Who should Federal agencies collaborate with when 
          commissioning and selecting art for Federal buildings?
102-77.25  Do Federal agencies have responsibilities to provide national 
          visibility for Art-in-architecture?

    Authority: 40 U.S.C. 486(c) and 601a.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.

[[Page 143]]



Sec. 102-77.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-77.10  What basic Art-in-architecture policy governs Federal agencies?

    Federal agencies must incorporate fine arts as an integral part of 
the total building concept when designing new Federal buildings, and 
when making substantial repairs and alterations to existing Federal 
buildings, as appropriate. The selected fine arts, including painting, 
sculpture, and artistic work in other media, must reflect the national 
cultural heritage and emphasize the work of living American artists.



Sec. 102-77.15  Who funds the Art-in-architecture efforts?

    To the extent not prohibited by law, Federal agencies must fund the 
Art-in-architecture efforts by allocating a portion of the estimated 
cost of constructing or purchasing new Federal buildings, or of 
completing major repairs and alterations of existing buildings. Funding 
for qualifying projects, including new construction, building purchases, 
other building acquisition, or prospectus-level repair and alteration 
projects, must be in a range determined by the Administrator of General 
Services.



Sec. 102-77.20  Who should Federal agencies collaborate with when commissioning and selecting art for Federal buildings?

    To the maximum extent practicable, Federal agencies should seek the 
support and involvement of local citizens in selecting appropriate 
artwork. Federal agencies should collaborate with the artist and 
community to produce works of art that reflect the cultural, 
intellectual, and historic interests and values of a community. In 
addition, Federal agencies should work collaboratively with the 
architect of the building, art professionals, when commissioning and 
selecting art for Federal buildings. Federal agencies should commission 
artwork that is diverse in style and media.



Sec. 102-77.25  Do Federal agencies have responsibilities to provide national visibility for Art-in-architecture?

    Yes, Federal agencies should provide Art-in-architecture that 
receives appropriate national and local visibility to facilitate 
participation by a large and diverse group of artists representing a 
wide variety of types of artwork.



PART 102-78--HISTORIC PRESERVATION--Table of Contents




Sec.
102-78.5  What is the scope of this part?
102-78.10  What basic historic preservation policy governs Federal 
          agencies?
102-78.15  What are historic properties?
102-78.20  Are Federal agencies required to identify historic 
          properties?
102-78.25  What is an undertaking?
102-78.30  What are consulting parties?
102-78.35  Are Federal agencies required to involve consulting parties 
          in their historic preservation activities?
102-78.40  What responsibilities do Federal agencies have when an 
          undertaking adversely affects a historic or cultural property?
102-78.45  What are Federal agencies' responsibilities concerning 
          nomination of properties to the National Register?
102-78.50  What historic preservation services must Federal agencies 
          provide?
102-78.55  For which properties must Federal agencies assume historic 
          preservation responsibilities?
102-78.60  What are Federal agencies' historic preservation 
          responsibilities when acquiring leased space?
102-78.65  What are Federal agencies' historic preservation 
          responsibilities when disposing of real property under their 
          control?
102-78.70  What are an agency's historic preservation responsibilities 
          when disposing of another Federal agency's real property?

    Authority: 16 U.S.C. 470 h-2; 40 U.S.C. 486(c) and 490(a).

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-78.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings

[[Page 144]]

Service (PBS), operating under, or subject to, the authorities of the 
Administrator of General Services. The policies in this part are in 
furtherance of GSA's preservation program under section 110 of the 
National Historic Preservation Act (16 U.S.C. 470) and apply to 
properties under the jurisdiction or control of the Administrator and to 
any Federal agencies operating, maintaining or protecting such 
properties under a delegation of authority from the Administrator.



Sec. 102-78.10  What basic historic preservation policy governs Federal agencies?

    To protect, enhance and preserve historic and cultural property 
under their control, Federal agencies must consider the effects of their 
undertakings on historic and cultural properties and give the Advisory 
Council on Historic Preservation (Advisory Council), the State Historic 
Preservation Officer (SHPO), and other consulting parties a reasonable 
opportunity to comment regarding the proposed undertakings.



Sec. 102-78.15  What are historic properties?

    Historic properties are those that are included in, or eligible for 
inclusion in, the National Register of Historic Places (National 
Register) as more specifically defined at 36 CFR 800.16.



Sec. 102-78.20  Are Federal agencies required to identify historic properties?

    Yes, Federal agencies must identify all National Register or 
National Register-eligible historic properties under their control. In 
addition, Federal agencies must apply National Register Criteria (36 CFR 
part 63) to properties that have not been previously evaluated for 
National Register eligibility and that may be affected by the 
undertakings of Federally sponsored activities.



Sec. 102-78.25  What is an undertaking?

    The term undertaking means a project, activity, or program under the 
direct or indirect jurisdiction of a Federal agency, including those:
    (a) Carried out by or on behalf of the agency;
    (b) Carried out with Federal financial assistance;
    (c) Requiring a Federal permit, license, or approval; and
    (d) Subject to State or local regulation administered pursuant to a 
delegation or approval by a Federal agency.



Sec. 102-78.30  What are consulting parties?

    As more particularly described in 36 CFR 800.2(c), consulting 
parties are those parties having consultative roles in the Section 106 
process (i.e., Section 106 of the National Historic Preservation Act) 
that requires Federal agencies to take into account the effects of their 
undertakings on historic properties and afford the Council a reasonable 
opportunity to comment on such undertakings. Specifically, consulting 
parties include the State Historic Preservation Officer; Tribal Historic 
Preservation Officer; Indian tribes and Native Hawaiian organizations; 
Representatives of local governments; Applicants for Federal assistance, 
permits, licenses and other approvals; and other individuals and 
organizations with a demonstrated interest in the undertaking.



Sec. 102-78.35  Are Federal agencies required to involve consulting parties in their historic preservation activities?

    Yes, Federal agencies must solicit information from consulting 
parties to carry out their responsibilities under historic and cultural 
preservation laws and regulations. Federal agencies must invite the 
participation of consulting parties through their normal public 
notification processes.



Sec. 102-78.40  What responsibilities do Federal agencies have when an undertaking adversely affects a historic or cultural property?

    Federal agencies must not perform an undertaking that could alter, 
destroy, or modify an historic or cultural property until they have 
consulted with the SHPO and the Advisory Council. Federal agencies must 
minimize all adverse impacts of their undertakings on historic or 
cultural properties to the extent that is feasible and prudent.

[[Page 145]]

Federal agencies must follow the specific guidance on the protection of 
historic and cultural properties in 36 CFR part 800.



Sec. 102-78.45  What are Federal agencies' responsibilities concerning nomination of properties to the National Register?

    Federal agencies must nominate to the National Register all 
properties under their control determined eligible for inclusion in the 
National Register.



Sec. 102-78.50  What historic preservation services must Federal agencies provide?

    Federal agencies must provide the following historic preservation 
services:
    (a) Prepare a Historic Building Preservation Plan for each National 
Register or National Register-eligible property under their control. 
When approved by consulting parties, such plans become a binding 
management plan for the property; and
    (b) Investigate for historic and cultural factors all proposed sites 
for direct and leased construction.



Sec. 102-78.55  For which properties must Federal agencies assume historic preservation responsibilities?

    Federal agencies must assume historic preservation responsibilities 
for real property assets under their custody and control. Federal 
agencies occupying space in buildings under the custody and control of 
other Federal agencies must obtain approval from the agency having 
custody and control of the building.



Sec. 102-78.60  What are Federal agencies historic preservation responsibilities when acquiring leased space?

    In leasing historic property, Federal agencies must give a 
preference to such leasing actions in accordance with hierarchy of 
consideration identified in Sec. 102-79.90 of this chapter.



Sec. 102-78.65  What are Federal agencies' historic preservation responsibilities when disposing of real property under their control?

    Federal agencies must:
    (a) To the extent practicable, establish and implement alternatives 
for historic properties, including adaptive reuse, that are not needed 
for current or projected agency purposes. Agencies are required to get 
the Secretary of Interior's approval of the plans of transferees of 
surplus Federally-owned historic properties.
    (b) Review all proposed excess actions to identify any properties 
listed on or eligible for listing on the National Register. Federal 
agencies must not perform disposal actions that could result in the 
alteration, destruction, or modification of an historic or cultural 
property until Federal agencies have consulted with the SHPO and the 
Advisory Council.



Sec. 102-78.70  What are an agency's historic preservation responsibilities when disposing of another Federal agency's real property?

    Federal agencies must not accept property declared excess by another 
Federal agency nor act as an agent for transfer or sale of such 
properties until the holding agency provides evidence that the Federal 
agency has met its National Historic Preservation Act responsibilities.



PART 102-79--ASSIGNMENT AND UTILIZATION OF SPACE--Table of Contents




Sec.
102-79.5  What is the scope of this part?
102-79.10  What basic assignment and utilization of space policy governs 
          an Executive agency?
102-79.15  What objectives must an Executive agency strive to meet in 
          providing assignment and utilization of space services?
102-79.20  What standard must Executive agencies promote when assigning 
          space?
102-79.25  Can Federal agencies allot space in Federal buildings for the 
          provision of child care services?
102-79.30  Can Federal agencies allot space in Federal buildings for 
          establishing fitness centers?
102-79.35  What elements must Federal agencies address in their planning 
          effort for establishing fitness programs?
102-79.40  Can Federal agencies allot space in Federal buildings to 
          Federal credit unions?
102-79.45  What type of services may Federal agencies provide without 
          charge to Federal credit unions?

[[Page 146]]

102-79.50  What standard must Executive agencies promote in their 
          utilization of space?
102-79.55  Are agencies required to use historic properties available to 
          the agency?
102-79.60  Are Executive agencies required to give first priority to the 
          location of new offices and other facilities in rural areas?
102-79.65  When an agency's mission and program requirements call for 
          the location in an urban area, are Executive agencies required 
          to give first consideration to central business areas?
102-79.70  What is a central business area?
102-79.75  Who is responsible for identifying the delineated area within 
          which a Federal agency wishes to locate specific activities?
102-79.80  Who must approve the final delineated area?
102-79.85  Are Executive agencies required to consider whether the 
          central business area will provide for adequate competition 
          when acquiring leased space?
102-79.90  Are Executive agencies required to give preference to 
          historic properties when acquiring leased space?
102-79.95  Automated external defibrillators. [Reserved]

    Authority: 40 U.S.C. 486(c); E.O. 12411, 48 FR 13391, 3 CFR, 1983 
Comp., p. 155; and E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-79.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-79.10  What basic assignment and utilization of space policy governs an Executive agency?

    Executive agencies must provide a quality workplace environment that 
supports program operations, preserves the value of real property 
assets, meets the needs of the occupant agencies, and provides child 
care and physical fitness facilities in the workplace when adequately 
justified. An Executive agency must promote maximum utilization of 
Federal workspace, consistent with mission requirements, to maximize its 
value to the Government.



Sec. 102-79.15  What objectives must an Executive agency strive to meet in providing assignment and utilization of space services?

    Executive agencies must provide assignment and utilization services 
that will maximize the value of Federal real property resources and 
improve the productivity of the workers housed therein.



Sec. 102-79.20  What standard must Executive agencies promote when assigning space?

    Executive agencies must promote the optimum use of space for each 
assignment at the minimum cost to the Government, provide quality 
workspace that is delivered and occupied in a timely manner, and assign 
space based on mission requirements.



Sec. 102-79.25  Can Federal agencies allot space in Federal buildings for the provision of child care services?

    Yes, in accordance with 40 U.S.C. 490b, Federal agencies can allot 
space in Federal buildings to individuals or entities who will provide 
child care services to Federal employees if:
    (a) Such space is available;
    (b) Such agency determines that such space will be used to provide 
child care services to children of whom at least 50 percent have one 
parent or guardian who is a Federal Government employee; and
    (c) Such agency determines that such individual or entity will give 
priority for available child care services in such space to Federal 
employees.



Sec. 102-79.30  Can Federal agencies allot space in Federal buildings for establishing fitness centers?

    Yes, in accordance with 5 U.S.C. 7901, Federal agencies can allot 
space in Federal buildings for establishing fitness programs.



Sec. 102-79.35  What elements must Federal agencies address in their planning effort for establishing fitness programs?

    Federal agencies must address the following elements in their 
planning effort for establishing fitness programs:
    (a) A survey indicating employee interest in the program;

[[Page 147]]

    (b) A three to five year implementation plan demonstrating long-term 
commitment to physical fitness/health for employees;
    (c) A health related orientation, including screening procedures, 
individualized exercise programs, identification of high-risk 
individuals, and appropriate follow-up activities;
    (d) Identification of a person skilled in prescribing exercise to 
direct the fitness program;
    (e) An approach which will consider key health behavior related to 
degenerative disease, including smoking and nutrition;
    (f) A modest facility that includes only the essentials necessary to 
conduct a program involving cardiovascular and muscular endurance, 
strength activities, and flexibility;
    (g) Provision for equal opportunities for men and women, and all 
employees, regardless of grade level.



Sec. 102-79.40  Can Federal agencies allot space in Federal buildings to Federal credit unions?

    Yes, in accordance with 12 U.S.C. 1770, Federal agencies may allot 
space in Federal buildings to Federal credit unions without charge for 
rent or services if:
    (a) At least 95 percent of the membership of the credit union to be 
served by the allotment of space is composed of persons who either are 
presently Federal employees or were Federal employees at the time of 
admission into the credit union, and members of their families; and
    (b) If space is available.



Sec. 102-79.45  What type of services may Federal agencies provide without charge to Federal credit unions?

    Federal agencies may provide without charge to Federal credit union 
services such as:
    (a) Lighting;
    (b) Heating and cooling;
    (c) Electricity;
    (d) Office furniture;
    (e) Office machines and equipment;
    (f) Telephone service (including installation of lines and equipment 
and other expenses associated with telephone service); and
    (g) Security systems (including installation and other expenses 
associated with security systems).



Sec. 102-79.50  What standard must Executive agencies promote in their utilization of space?

    Executive agencies, acquiring or utilizing Federally owned and 
leased space under the Federal Property and Administrative Services Act 
of 1949, as amended, must promote efficient utilization of space 
according to GSA standards. In order to maximize the use of vacant 
space, use existing GSA-controlled space to the maximum extent 
practical. After considering the availability of GSA-controlled space, 
extend priority consideration to available space in buildings under the 
custody and control of the U.S. Postal Service before acquiring 
additional space. Where there is no Federal agency space need, Executive 
agencies must make every effort to maximize the productive use of vacant 
space through out-granting (for example, outlease, permit, license) to 
non-Federal entities to the extent authorized by law.



Sec. 102-79.55  Are agencies required to use historic properties available to the agency?

    Yes, Federal agencies must assume responsibility for the 
preservation of the historic properties they own or control. Prior to 
acquiring, constructing or leasing buildings, agencies must use, to the 
maximum extent feasible, historic properties already owned or leased by 
the agency (16 U.S.C. 470h-2).



Sec. 102-79.60  Are Executive agencies required to give first priority to the location of new offices and other facilities in rural areas?

    Yes, Executive agencies must give first priority to the location of 
new offices and other facilities in rural areas (7 U.S.C. 2204b-1), 
unless their mission or program requirements call for locations in an 
urban area.

[[Page 148]]



Sec. 102-79.65  When an agency's mission and program requirements call for the location in an urban area, are Executive agencies required to give first 
          consideration to central business areas?

    Yes, when agency mission and program requirements call for location 
in an urban area and new space must be acquired, constructed or leased, 
Executive agencies must give first consideration to central business 
areas (CBAs) and other areas designated by local officials (Executive 
Order 12072 (43 FR 36869, 3 CFR, 1978 Comp., p. 213.) and Executive 
Order 13006 (61 FR 26071, 3 CFR, 1996 Comp., p. 195)).



Sec. 102-79.70  What is a central business area?

    Central business area means the centralized community business area 
and adjacent areas of similar character, including other specific areas 
which may be recommended by local officials in accordance with Executive 
Order 12072.



Sec. 102-79.75  Who is responsible for identifying the delineated area within which a Federal agency wishes to locate specific activities?

    Each Federal agency is responsible for identifying the delineated 
area within which it wishes to locate specific activities, consistent 
with its mission and program requirements, and in accordance with all 
applicable laws, regulations, and Executive orders.



Sec. 102-79.80  Who must approve the final delineated area?

    Federal agencies conducting the procurement must approve the final 
delineated area for site acquisitions and lease actions and must confirm 
that the final delineated area complies with the requirements of all 
applicable laws, regulations, and Executive orders.



Sec. 102-79.85  Are Executive agencies required to consider whether the central business area will provide for adequate competition when acquiring leased space?

    In accordance with the Competition in Contracting Act of 1984 
(CICA), as amended, (41 U.S.C. 253(a)) Executive agencies must consider 
whether restricting the delineated area for obtaining leased space to 
the central business area will provide for adequate competition when 
acquiring leased space. Where an Executive agency determines that the 
delineated area must be expanded beyond the CBA in order to provide 
adequate competition, the agency may expand the delineated area in 
consultation with local officials. Executive agencies must continue to 
include the CBA in such expanded areas.



Sec. 102-79.90  Are Executive agencies required to give preference to historic properties when acquiring leased space?

    Yes, section 110 of the National Historic Preservation Act of 1966, 
as amended (16 U.S.C. 470h-2), requires that agencies first consider 
historic properties already under agency control. However, the Act also 
provides that prior to acquiring, constructing or leasing new space, and 
subject to the requirements of Section 601 of Title VI of the Rural 
Development Act of 1972, as amended (7 U.S.C. 2204b-1), Executive Order 
13006 and Executive Order 12072, Executive agencies must first consider 
historic properties within historic districts when locating Federal 
facilities. If no such suitable historic property is available, 
Executive agencies must then consider other developed or undeveloped 
sites within historic districts. Finally, Executive agencies must 
consider suitable historic properties outside of historic districts, if 
no suitable site exists within a historic district.



Sec. 102-79.95  Automated external defibrillators. [Reserved]



PART 102-80--SAFETY AND ENVIRONMENTAL MANAGEMENT--Table of Contents




Sec.
102-80.5  What is the scope of this part?
102-80.10  What are the basic safety and environmental management 
          policies for real property?
102-80.15  What are Federal agencies' responsibilities concerning the 
          assessment and management of asbestos?
102-80.20  What are Federal agencies' responsibilities concerning the 
          abatement of radon?
102-80.25  What are Federal agencies' responsibilities concerning the 
          management of indoor air quality?

[[Page 149]]

102-80.30  What are Federal agencies' responsibilities concerning lead?
102-80.35  What are Federal agencies' responsibilities concerning the 
          monitoring of hazardous materials and wastes?
102-80.40  What are Federal agencies' responsibilities concerning the 
          management of underground storage tanks?
102-80.45  What are Federal agencies' responsibilities concerning fire 
          prevention and fire protection engineering?
102-80.50  Are Federal agencies responsible for identifying/estimating 
          risks and for appropriate reduction strategies?
102-80.55  Are Federal agencies responsible for performing facility 
          assessments?
102-80.60  Are Federal agencies responsible for managing the execution 
          of risk reduction projects?
102-80.65  What are Federal agencies' responsibilities concerning the 
          investigation of incidents, such as fires, accidents, 
          injuries, and environmental incidents?
102-80.70  Are Federal agencies responsible for informing their tenants 
          of the condition and management of their facility safety and 
          environment?
102-80.75  Who assesses environmental issues in Federal construction and 
          lease construction projects?

    Authority: 40 U.S.C. 486(c) and 490.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-80.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. The responsibilities for safety and environmental management 
under this part are intended to apply to GSA or those Federal agencies 
operating in GSA space pursuant to a GSA delegation of authority.



Sec. 102-80.10  What are the basic safety and environmental management policies for real property?

    The basic safety and environmental management policies for real 
property are that Federal agencies must:
    (a) Provide for a safe and healthful work environment for Federal 
employees and the visiting public;
    (b) Protect Federal real and personal property;
    (c) Promote mission continuity;
    (d) Provide reasonable safeguards for emergency forces if an 
incident occurs;
    (e) Assess risk;
    (f) Make decisionmakers aware of risks; and
    (g) Act promptly and appropriately in response to risk.



Sec. 102-80.15  What are Federal agencies' responsibilities concerning the assessment and management of asbestos?

    Federal agencies have the following responsibilities concerning the 
assessment and management of asbestos:
    (a) Inspect and assess buildings for the presence and condition of 
asbestos-containing materials. Space to be leased must be free of all 
asbestos containing materials, except undamaged asbestos flooring in the 
space or undamaged boiler or pipe insulation outside the space, in which 
case an asbestos management program conforming to Environmental 
Protection Agency (EPA) guidance must be implemented;
    (b) Manage in-place asbestos that is in good condition and not 
likely to be disturbed;
    (c) Abate damaged asbestos, and asbestos likely to be disturbed. 
Federal agencies must perform a pre-alteration asbestos assessment for 
activities that may disturb asbestos;
    (d) Not use asbestos in new construction, renovation/modernization 
or repair of their owned or leased space. Unless approved by GSA, 
Federal agencies must not obtain space with asbestos through purchase, 
exchange, transfer, or lease, except as identified in paragraph (a) of 
this section; and
    (e) Communicate all written and oral asbestos information about the 
leased space to tenants.



Sec. 102-80.20  What are Federal agencies' responsibilities concerning the abatement of radon?

    Federal agencies have the following responsibilities concerning the 
abatement of radon in space when radon levels exceed current EPA 
standards:
    (a) Retest abated areas and make lessors retest, as required, abated 
areas to adhere to EPA standards; and
    (b) Test non-public water sources (in remote areas for projects such 
as border stations) for radon according to

[[Page 150]]

EPA guidance. Radon levels that exceed current applicable EPA standards 
must be mitigated. Federal agencies must retest, as required, to adhere 
to EPA standards.



Sec. 102-80.25  What are Federal agencies' responsibilities concerning the management of indoor air quality?

    Federal agencies must assess indoor air quality of buildings as part 
of their safety and environmental facility assessments. Federal agencies 
must respond to tenant complaints on air quality and take appropriate 
corrective action where air quality does not meet applicable standards.



Sec. 102-80.30  What are Federal agencies' responsibilities concerning lead?

    Federal agencies have the following responsibilities concerning lead 
in buildings:
    (a) Test space for lead-based paint in renovation projects that 
require sanding, welding or scraping painted surfaces.
    (b) Not remove lead based paint from surfaces in good condition.
    (c) Test all painted surfaces for lead in proposed or existing child 
care centers.
    (d) Abate lead-based paint found in accordance with Department of 
Housing and Urban Development (HUD) Lead-Based Paint Guidelines, 
available by writing to HUD USER, P.O. Box 6091, Rockville, MD, 20850.
    (e) Test potable water for lead in all drinking water outlets in 
child care centers.
    (f) Take corrective action when lead levels exceed the HUD 
Guidelines.



Sec. 102-80.35  What are Federal agencies' responsibilities concerning the monitoring of hazardous materials and wastes?

    Federal agencies' responsibilities concerning the monitoring of 
hazardous materials and wastes are to:
    (a) Monitor the transport, use, and disposition of hazardous 
materials and waste in buildings to provide for compliance with GSA, 
Occupational Safety and Health Administration (OSHA), Department of 
Transportation, EPA, and applicable State and local requirements. In 
addition to those operating in GSA space pursuant to a delegation of 
authority, tenants in GSA space must comply with these requirements.
    (b) In leased space, include in all agreements with the lessor 
requirements that hazardous materials kept in leased space are kept and 
maintained according to applicable Federal, State, and local 
environmental regulations.



Sec. 102-80.40  What are Federal agencies' responsibilities concerning the management of underground storage tanks?

    Federal agencies have the following responsibilities concerning the 
management of underground storage tanks in real property:
    (a) Register, manage and close underground storage tanks, including 
heating oil and fuel oil tanks, in accordance with GSA, EPA, and 
applicable State and local requirements.
    (b) Require the party responsible for tanks they use but don't own 
to follow these requirements and to be responsible for the cost of 
compliance.



Sec. 102-80.45  What are Federal agencies' responsibilities concerning fire prevention and fire protection engineering?

    Federal agencies must follow accepted fire prevention practices in 
operating and managing buildings. Federally-owned buildings are 
generally exempt from State and local code requirements in fire 
protection; however, in accordance with 40 U.S.C. 619, each building 
constructed or altered by a Federal agency must be constructed or 
altered, to the maximum extent feasible, in compliance with one of the 
nationally recognized model building codes and with other nationally 
recognized codes. Leased buildings are subject to local requirements and 
inspection. Federal agencies must use the National Fire Protection 
Association (NFPA) codes and standards (obtained by writing to NFPA, 11 
Tracy Drive, Avon, MA 02322.) as a guide for their building operations.



Sec. 102-80.50  Are Federal agencies responsible for identifying/estimating risks and for appropriate reduction strategies?

    Yes, Federal agencies must identify and estimate safety and 
environmental

[[Page 151]]

management risks and appropriate reduction strategies for buildings. 
Federal agencies occupying as well as operating buildings must identify 
any safety and environmental management risks and report or correct the 
situation, as appropriate.



Sec. 102-80.55  Are Federal agencies responsible for performing facility assessments?

    Yes, Federal agencies must evaluate facilities to comply with GSA's 
safety and environmental program and applicable Federal, State and local 
environmental laws and regulations. Federal agencies should conduct 
these evaluations in accordance with schedules that are compatible with 
repair and alteration and leasing operations.



Sec. 102-80.60  Are Federal agencies responsible for managing the execution of risk reduction projects?

    Yes, Federal agencies must manage the execution of risk reduction 
projects in buildings they operate. Federal agencies must identify and 
take appropriate action to eliminate hazards and regulatory 
noncompliance.



Sec. 102-80.65  What are Federal agencies' responsibilities concerning the investigation of incidents, such as fires, accidents, injuries, and environmental 
          incidents?

    Federal agencies have the following responsibilities concerning the 
investigation of incidents, such as fires, accidents, injuries, and 
environmental incidents in buildings they operate:
    (a) Investigate all incidents regardless of severity.
    (b) Form Boards of Investigation for incidents resulting in serious 
injury, death, or significant property losses.



Sec. 102-80.70  Are Federal agencies responsible for informing their tenants of the condition and management of their facility safety and environment?

    Yes, Federal agencies must inform their tenants of the condition and 
management of their facility safety and environment. Agencies operating 
GSA buildings must report any significant facility safety or 
environmental concerns to GSA.



Sec. 102-80.75  Who assesses environmental issues in Federal construction and lease construction projects?

    Federal agencies must assess required environmental issues 
throughout planning and project development, so that the environmental 
impacts of a project are considered during the decisionmaking process.



PART 102-81--SECURITY--Table of Contents




Sec.
102-81.5  What is the scope of this part?
102-81.10  What basic security policy governs Federal agencies?
102-81.15  Who is responsible for upgrading and maintaining security 
          standards in each Federally-owned facility?

    Authority: 40 U.S.C. 318a, 486(c) and 490.

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-81.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-81.10  What basic security policy governs Federal agencies?

    Federal agencies on Federal property under the charge and control of 
the Administrator and having a security delegation of authority from the 
Administrator must provide for the security and protection of the real 
estate they occupy, including the protection of persons within the 
property.



Sec. 102-81.15  Who is responsible for upgrading and maintaining security standards in each Federally-owned facility?

    In a June 28, 1995, Presidential Policy Memorandum for Executive 
Departments and Agencies, entitled, ``Upgrading Security at Federal 
Facilities'' (see the Weekly Compilation of Presidential Documents, vol. 
31, p. 1148), the President directed that Executive agencies must, where 
feasible, upgrade and maintain security in facilities they own or lease 
under their own authority to the minimum standards specified in

[[Page 152]]

the Department of Justice's June 28, 1995 study entitled ``Vulnerability 
Assessment of Federal Facilities.'' The study may be obtained by writing 
to the Superintendent of Documents, P. O. Box 371954, Pittsburgh, PA, 
15250-7954.



PART 102-82--UTILITY SERVICES--Table of Contents




Sec.
102-82.5  What is the scope of this part?
102-82.10  What basic utility services policy govern Executive agencies?
102-82.15  What utility services must Executive agencies provide?
102-82.20  What are Executive agencies' rate intervention 
          responsibilities?
102-82.25  What are Executive agencies' responsibilities concerning the 
          procurement of utility services?

    Authority: 40 U.S.C. 481(a) and 486(c).

    Source: 66 FR 5359, Jan. 18, 2001, unless otherwise noted.



Sec. 102-82.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA/Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.



Sec. 102-82.10  What basic utility services policy govern Executive agencies?

    Executive agencies procuring, managing or supplying utility services 
under the Federal Property and Administrative Services Act of 1949 must 
provide or procure services that promote economy and efficiency with due 
regard to the mission responsibilities of the agencies concerned.



Sec. 102-82.15  What utility services must Executive agencies provide?

    Executive agencies must negotiate with public utilities to procure 
utility services and, where appropriate, provide rate intervention 
services in proceedings (see Sec. Sec. 102-72.100 and 102-72.105 of this 
chapter) before Federal and State utility regulatory bodies.



Sec. 102-82.20  What are Executive agencies' rate intervention responsibilities?

    Where the consumer interests of the Federal Government will be 
significantly affected and upon receiving a delegation of authority from 
GSA, Executive agencies must provide representation in proceedings 
involving utility services before Federal and State regulatory bodies. 
Specifically, these responsibilities include instituting formal or 
informal action before Federal and State regulatory bodies to contest 
the level, structure, or applicability of rates or service terms of 
utility suppliers. The Secretary of Defense is independently authorized 
to take such actions without a delegation from GSA when the Secretary 
determines such actions to be in the best interests of national 
security.



Sec. 102-82.25  What are Executive agencies' responsibilities concerning the procurement of utility services?

    Executive agencies, operating under a utility services delegation 
from GSA, or the Secretary of Defense when the Secretary determines it 
to be in the best interests of national security, must provide for the 
procurement of utility services (such as commodities and utility rebate 
programs), as required, and must procure from sources of supply that are 
the most advantageous to the Federal Government in terms of economy, 
efficiency, reliability, or quality of service. Executive agencies, upon 
receiving a delegation of authority from GSA, may enter into contracts 
for utility services for periods not exceeding ten years (40 U.S.C. 
481).

  PART 102-83--CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES 
                               [RESERVED]



PART 102-84--ANNUAL REAL PROPERTY INVENTORIES--Table of Contents




Sec.
102-84.5  What is the scope of this part?
102-84.10  What is the purpose of the Annual Real Property Inventory 
          Program?
102-84.15  Why must I provide information for the Annual Real Property 
          Inventory?
102-84.20  Where should I obtain information to be reported for the 
          Annual Real Property Inventory?
102-84.25  Is it necessary for my agency to designate an official to 
          serve as the point of contact for the real property 
          inventories?

[[Page 153]]

102-84.30  Is it necessary for my agency to certify the accuracy of its 
          real property inventory submission?
102-84.35  Which agencies must submit a report for inclusion in the 
          Annual Real Property Inventory?
102-84.40  What types of real property must I report for the Annual Real 
          Property Inventory?
102-84.45  What types of real property must not be reported for the 
          Annual Real Property Inventory?
102-84.50  Can the GSA Form 1166 be used to report information?
102-84.55  When are the Annual Real Property Inventory reports due?

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

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



Sec. 102-84.5  What is the scope of this part?

    GSA's policies contained in this part apply to all Federal agencies. 
This part prescribes guidance that you must follow in preparing and 
submitting annual real property inventory information for real property 
owned by and leased to the United States. The detailed guidance 
implementing these policies is contained in separate customer guides 
issued by the GSA Office of Governmentwide Policy.



Sec. 102-84.10  What is the purpose of the Annual Real Property Inventory Program?

    The purpose of the Annual Real Property Inventory program is to:
    (a) Maintain a centralized source of information on Federal real 
property holdings;
    (b) Track space utilization of reporting agencies;
    (c) Provide support for consolidated Federal financial statements on 
real property assets; and
    (d) Establish a reference for answering inquiries from the Congress, 
the press, trade associations, educational institutions, Federal, State 
and local government agencies, and the general public.



Sec. 102-84.15  Why must I provide information for the Annual Real Property Inventory?

    You must provide information for the Annual Real Property Inventory 
because:
    (a) The Senate Committee on Appropriations requests that the 
Government maintain an Annual Real Property Inventory.
    (b) Executive Order 12411, Government Work Space Management Reforms, 
dated March 29, 1983 (3 CFR, 1983 Comp., p. 155), requires that 
Executive agencies:
    (1) Produce and maintain a total inventory of work space and related 
furnishings and declare excess to the Administrator of General Services 
all such holdings that are not necessary to satisfy existing or known 
and verified planned programs; and
    (2) Establish information systems, implement inventory controls and 
conduct surveys, in accordance with procedures established by the 
Administrator of General Services, so that a governmentwide reporting 
system may be developed.



Sec. 102-84.20  Where should I obtain information to be reported for the Annual Real Property Inventory?

    You should obtain data reported for the Annual Real Property 
Inventory from the most accurate real property and accounting records 
maintained by your agency, preferably the same accounting records used 
to support your agency's financial statements.



Sec. 102-84.25  Is it necessary for my agency to designate an official to serve as the point of contact for the real property inventories?

    Yes, you must designate an official to serve as your agency's point 
of contact for the Annual Real Property Inventories. We recommend that 
you designate the same point of contact for the Federally-owned and 
leased real property inventory, although separate points of contact are 
permitted. You must advise the General Services Administration, Office 
of Governmentwide Policy, Office of Real Property (MP), 1800 F Street, 
NW., Washington, DC 20405, in writing, of the name(s) of these 
representative(s) and any subsequent changes. Each agency's point of 
contact for the real property inventories can be found at http://
worldwide.gsa.gov.

[[Page 154]]



Sec. 102-84.30  Is it necessary for my agency to certify the accuracy of its real property inventory submission?

    Yes, your agency's highest ranking real property official must 
certify the accuracy of the real property information submitted to GSA.



Sec. 102-84.35  Which agencies must submit a report for inclusion in the Annual Real Property Inventory?

    Each agency that carries real property on its financial statement as 
of September 30 each year has the responsibility for submitting the real 
property inventory information. Information provided in these reports 
related to asset values must be consistent with agency records used for 
financial reporting in accordance with standards issued by the Federal 
Accounting Standards Advisory Board (FASAB). For purposes of this part, 
this requirement shall apply regardless of the method used to acquire 
the property or which agency is currently using or occupying the 
property.



Sec. 102-84.40  What types of real property must I report for the Annual Real Property Inventory?

    You must report for the Annual Real Property Inventory all land, 
buildings, and other structures and facilities owned by the United 
States (including wholly-owned Federal Government corporations) 
throughout the world and all real property leased by the United States 
from private individuals, organizations, and municipal, county, State, 
and foreign governments. These reports must include all real property 
that a Federal agency carries on its financial statement and/or in 
documentation accompanying the financial statement, such as:
    (a) Unreserved public domain lands;
    (b) Public domain lands reserved for national forests, national 
parks, military installations, or other purposes;
    (c) Real property acquired by purchase, construction, donation, 
eminent domain proceedings, or any other method;
    (d) Real property in which the Government has a long-term interest 
considered by the reporting agency as being equivalent to ownership. 
This would include land acquired by treaty or long-term lease (e.g., 99-
year lease), and that your agency considers equivalent to Federally-
owned land;
    (e) Buildings or other structures and facilities owned by or leased 
to the Government whether or not located on Government-owned land;
    (f) Excess and surplus real property;
    (g) Real property held in trust by the Federal Government;
    (h) Leased real property (including leased land, leased buildings, 
leased other structures and facilities, or combination thereof); and
    (i) Real property leased rent free or for a nominal rental rate if 
the real property is considered significant by the reporting agency.



Sec. 102-84.45  What types of real property must not be reported for the Annual Real Property Inventory?

    You must not report real property that is not carried on your 
agency's financial statements, such as:
    (a) Properties acquired through foreclosure, confiscation, or 
seizure to be liquidated in settlement of a claim or debt to the Federal 
Government;
    (b) Rights-of-way or easements granted to the Federal Government; 
and
    (c) Lands administered by the United States under trusteeship by 
authority of the United Nations.



Sec. 102-84.50  Can the GSA Form 1166 be used to report information?

    No, GSA Form 1166 may not be used to report information. Agencies 
must submit information in an electronic format. For more information on 
format requirements, contact GSA's Office of Governmentwide Policy, 
Office of Real Property (MP), 1800 F Street NW., Washington, DC 20405, 
by telephone at (202) 501-0856, or e-mail at assetmanagement@gsa.gov.



Sec. 102-84.55  When are the Annual Real Property Inventory reports due?

    You must prepare the Annual Real Property Inventory information 
prescribed in Sec. 102-84.50 as of the last day of each fiscal year. 
This information is due to the General Services Administration, Office 
of Governmentwide Policy, Office of Real Property (MP), 1800 F Street, 
NW., Washington, DC 20405,

[[Page 155]]

no later than November 15 of each year.



PART 102-85--PRICING POLICY FOR OCCUPANCY IN GSA SPACE--Table of Contents




                   Subpart A--Pricing Policy--General

Sec.
102-85.5  By what authority is the pricing policy in this part 
          prescribed?
102-85.10  What is the scope of this part?
102-85.15  What are the basic policies for charging Rent for space and 
          services?
102-85.20  What does an Occupancy Agreement (OA) do?
102-85.25  What is the basic principle governing OAs?
102-85.30  Are there special rules for certain Federal customers?
102-85.35  What definitions apply to this part?
102-85.40  What are the major components of the pricing policy?

                     Subpart B--Occupancy Agreement

102-85.45  When is an Occupancy Agreement required?
102-85.50  When does availability of funding have to be certified?
102-85.55  What are the terms and conditions included in an OA?
102-85.60  Who can execute an OA?
102-85.65  How does an OA obligate the customer agency?
102-85.70  Are the standard OA terms appropriate for non-cancelable 
          space?
102-85.75  When can space assignments be terminated?
102-85.80  Who is financially responsible for expenses resulting from 
          tenant non-performance?
102-85.85  What if a customer agency participates in a consolidation?

                 Subpart C--Tenant Improvement Allowance

102-85.90  What is a tenant improvement allowance?
102-85.95  Who pays for the TI allowance?
102-85.100  How does a customer agency pay for tenant improvements?
102-85.105  How does an agency pay for customer alterations that exceed 
          the TI allowance?
102-85.110  Can the allowance amount be changed?

                         Subpart D--Rent Charges

102-85.115  How is the Rent determined?
102-85.120  What is ``shell Rent''?
102-85.125  What alternate methods may be used to establish Rent in 
          Federally owned space?
102-85.130  How are exemptions from Rent granted?
102-85.135  What if space and services are provided by other executive 
          agencies?
102-85.140  How are changes in Rent reflected in OAs?
102-85.145  When are customer agencies responsible for Rent charges?
102-85.150  How will Rent charges be reflected on the customer agency's 
          Rent bill?
102-85.155  What does a customer agency do if it does not agree with a 
          Rent bill?
102-85.160  How does a customer agency know how much to budget for Rent?

                  Subpart E--Standard Levels of Service

102-85.165  What are standard levels of service?
102-85.170  Can flexitime and other alternative work schedules cost the 
          customer agency more?
102-85.175  Are the standard level services for cleaning, mechanical 
          operation, and maintenance identified in an OA?
102-85.180  Can there be other standard services?
102-85.185  Can space be exempted from the standard levels of service?
102-85.190  Can GSA Rent be adjusted when standard levels of service are 
          performed by other customer agencies?

                       Subpart F--Special Services

102-85.195  Does GSA provide special services?

       Subpart G--Continued Occupancy, Relocation and Forced Moves

102-85.200  Can customer agencies continue occupancy of space or must 
          they relocate at the end of an OA?
102-85.205  What happens if a customer agency continues occupancy after 
          the expiration of an OA?
102-85.210  What if a customer agency has to relocate?
102-85.215  What if another customer agency forces a GSA customer to 
          move?
102-85.220  Can a customer agency forced to relocate waive the 
          reimbursements?
102-85.225  What are the funding responsibilities for relocations 
          resulting from emergencies?

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

    Source: 66 FR 23169, May 8, 2001, unless otherwise noted.

[[Page 156]]



                   Subpart A--Pricing Policy--General



Sec. 102-85.5  By what authority is the pricing policy in this part prescribed?

    (a) General authority is granted in the Federal Property and 
Administrative Services Act of 1949, as amended, Sec. 205(c) and 210(j), 
63 Stat. 390 and 86 Stat. 219; (40 U.S.C. 486(c) and 40 U.S.C. 490(j), 
respectively).
    (b) This part implements the applicable provisions of Federal law, 
including, but not limited to, the:
    (1) Federal Property and Administrative Services Act of 1949, 63 
Stat. 377, as amended;
    (2) Act of July 1, 1898 (40 U.S.C. 285);
    (3) Act of April 28, 1902 (40 U.S.C. 19);
    (4) Act of August 27, 1935 (40 U.S.C. 304c);
    (5) Public Buildings Act of 1959, as amended (40 U.S.C. 601-619);
    (6) Public Buildings Amendments of 1972, Pub. L. 92-313, (86 Stat. 
219);
    (7) Rural Development Act of 1972, Pub. L. 92-419, (86 Stat. 674);
    (8) Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note);
    (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et 
seq.);
    (10) National Environmental Policy Act of 1969, as amended (42 
U.S.C. 4321 et seq.);
    (11) Intergovernmental Cooperation Act of 1968 and the Federal Urban 
Land Use Act (42 U.S.C. 4201-4244; 40 U.S.C. 531-535);
    (12) Public Buildings Cooperative Use Act of 1976, as amended (40 
U.S.C. 490(a)(16)-(19), 601a and 612a);
    (13) Public Buildings Amendments of 1988, Pub. L. 100-678, (102 
Stat. 4049);
    (14) National Historic Preservation Act of 1966 as amended (16 
U.S.C. 461 et seq.);
    (15) Executive Order 12072 of August 16, 1978 (43 FR 36869);
    (16) Executive Order 12411 of March 29, 1983 (48 FR 13391);
    (17) Executive Order 12512 of April 29, 1985 (50 FR 18453);
    (18) Executive Order 13005 of May 21, 1996 (61 FR 26069); and
    (19) Executive Order 13006 of May 21, 1996 (61 FR 26071).



Sec. 102-85.10  What is the scope of this part?

    (a) This part describes GSA policy and principles for the assignment 
and occupancy of space under its control and the rights and obligations 
of GSA and the customer agencies that request or occupy such space 
pursuant to GSA Occupancy Agreements (OA).
    (b) Space managed by agencies under delegation of authority from GSA 
is subject to the provisions of this part.
    (c) This part is not applicable to:
    (1) Licenses, permits or leases with non-Federal entities under the 
Public Buildings Cooperative Use Act (40 U.S.C. 490(a)(16-19)); or
    (2) The disposal of surplus lease space under section 210(h)(2) of 
the Federal Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 490(h)(2)).



Sec. 102-85.15  What are the basic policies for charging Rent for space and services?

    (a) GSA will charge for space and services furnished by GSA (unless 
otherwise exempted by the Administrator of General Services) a Rent 
charge which will approximate commercial charges for comparable space 
and services. Rent for all assignments for GSA-controlled space will be 
priced according to the principles of the pricing policy in this part. 
These principles are reflected in the following elements of GSA Rent 
charges:
    (1) ``Shell'' Rent based on approximate commercial charges for 
comparable space and services for Federally owned space (accomplished 
using appraisal procedures);
    (2) Rent based on actual cost of the lease, including the costs (if 
any) of services not provided by the lessor, plus a GSA fee;
    (3) Amortization of any tenant improvement allowance used;
    (4) Any applicable real estate taxes, operating costs, parking, 
security and joint use fees; and
    (5) For certain projects involving new construction or major 
renovation of Federally-owned buildings, a return on investment pricing 
approach if an appraisal-determined rental value does not provide a 
minimum return (OMB discount rate for calculating the

[[Page 157]]

present value of yearly costs plus 2%) on the cost of the prospective 
capital investment. Each specific use of Return on Investment (ROI) 
pricing must be approved by OMB and duly recorded in an Occupancy 
Agreement (OA) with the customer agency. Once the ROI methodology is 
employed to establish Rent for a capital investment, the ROI method must 
be retained for the duration of the OA term.
    (b) Special services not included in the standard levels of service 
may be provided by GSA on a reimbursable basis. GSA may also furnish 
alterations on a reimbursable basis in buildings where GSA is 
responsible for alterations only.
    (c) The financial terms and conditions under which GSA assigns, and 
a customer agency occupies, each block of GSA-controlled space, shall be 
documented in a written OA.



Sec. 102-85.20  What does an Occupancy Agreement (OA) do?

    An OA defines GSA's relationship with each customer agency and:
    (a) Establishes specific financial terms, provisions, rights, and 
obligations of GSA and its customer for each space assignment;
    (b) Minimizes exposure to future unknown costs for both GSA and 
customer agencies;
    (c) Stabilizes Rent payments to the extent reasonable and desired by 
customers; and
    (d) Allows tailoring of space and related services to meet customer 
agency needs.



Sec. 102-85.25  What is the basic principle governing OAs?

    The basic principle governing OAs is to adopt the private sector 
practice of capturing in a written document the business terms to which 
GSA and a customer agency agree concerning individual space assignments.



Sec. 102-85.30  Are there special rules for certain Federal customers?

    Yes, in lieu of OAs, GSA is able to enter into agreements with 
customer agencies that reflect the parties particular needs. For 
example, the space and services provided to the U.S. House of 
Representatives and the U.S. Senate are governed by existing memoranda 
of agreement (MOA). When there are conflicts between the provisions of 
this part and MOAs, the MOAs prevail.



Sec. 102-85.35  What definitions apply to this part?

    The following definitions apply to this part:
    Accept space or acceptance of space means a commitment from an 
agency to occupy specified GSA-controlled space.
    Agency-controlled and/or operated space means:
    (1) Space that is owned, leased, or otherwise controlled or operated 
by Federal agencies under any authority other than the Federal Property 
and Administrative Services Act of 1949, as amended; and
    (2) it also includes agency-acquired space for which acquisition 
authority has been delegated or otherwise granted to the agency by GSA. 
It does not include space covered by an OA.
    Assign or assignment is defined in the definition for space 
assignment.
    Building shell means the complete enveloping structure, the base-
building systems, and the finished common areas (building common and 
floor common) of a building that bound the tenant areas.
    Customer agency means any department, agency, or independent 
establishment in the Federal Government, including any wholly-owned 
corporation; any executive agency or any establishment in the 
legislative or judicial branch of the Government (except the Senate, the 
House of Representatives, and the Architect of the Capitol, and any 
activities under his direction).
    Emergency relocation is a customer move that results from an 
extraordinary event such as a fire, natural disaster, or immediate 
threat to the health and safety of occupants that renders a current 
space assignment unusable and requires that it be vacated, permanently 
or temporarily.
    Federal Buildings Fund means the fund into which Rent charges and 
other revenues are deposited, and collections cited in section 210(j) of 
the Federal Property and Administrative Services Act of 1949, as amended 
(U.S.C. 490(j)), and from which monies are available

[[Page 158]]

for expenditures for real property management and related activities in 
such amounts as are specified in annual appropriations acts without 
regard to fiscal year limitations.
    Federally controlled space means workspace for which the United 
States Government has a right of occupancy by ownership, by lease, or by 
any other means, such as by contract, barter, license, easement, permit, 
requisition, or condemnation. Such workspace excludes space owned or 
leased by private sector entities performing work on Government 
contracts.
    Federally owned space means space, the title to which is vested in 
the United States Government or which will vest automatically according 
to an existing agreement.
    Forced move means the involuntary physical relocation, from one 
space assignment to another, of a customer agency housed in GSA-
controlled space initiated by another customer agency or by GSA, before 
the expiration of a lease or an OA term. (See also the definition of 
GSA-initiated move.)
    General use space means all types of space other than ``warehouse,'' 
``parking,'' or ``unique'' space, as defined elsewhere in this part. 
Examples of general use space are:
    (1) Office and office-related space such as file areas, libraries, 
meeting rooms, computer rooms, mail rooms, training and conference, 
automated data processing operations, courtrooms, and judicial chambers; 
and
    (2) Storage space that contains different quality and finishes from 
general use space, but that is within a building where predominantly 
general use space is located.
    GSA-controlled space means Federally controlled space under the 
custody or control of GSA. It includes space for which GSA has delegated 
operational, maintenance, or protection authority to the customer 
agency.
    GSA-delegated space (or GSA delegated building) means GSA-controlled 
space for which GSA has delegated operational, maintenance or protection 
authority to the customer agency.
    GSA-initiated move means any relocation action in GSA-controlled 
space that:
    (1) Is involuntary to the customer agency and required to be 
effective prior to the expiration of an effective OA, or in the case of 
leased space, prior to the expiration of the lease; or
    (2) Is an emergency relocation initiated by GSA.
    Initial space alteration (ISA). See definition of ``tenant 
improvement.''
    Initial space layout means the specific placement of workstations, 
furniture and equipment within new space assignments.
    Inventory means a summary or itemized list of the real property, and 
associated descriptive information, that is under the control of a 
Federal agency.
    Joint-use space means common space within a Federally controlled 
facility, not specifically assigned to any one agency, and available for 
use by multiple agencies, such as cafeterias, auditoriums, conference 
rooms, credit unions, visitor parking spaces, snack bars, certain 
wellness/physical fitness facilities, and child care centers.
    Leased space means space for which the United States Government has 
a right of use and occupancy by virtue of having acquired a leasehold 
interest.
    Non-cancelable space means space that, due to its layout, design, 
location, or other characteristics, is unlikely to be needed by another 
GSA customer agency. Typical conditions that might cause space to be 
defined as non-cancelable are:
    (1) Special space construction features;
    (2) Lack of any realistic Federal need for the space other than by 
the requesting agency; and
    (3) Remote location or unusual term (short or long) desired by the 
agency.
    Occupancy Agreement (OA) means a written agreement descriptive of 
the financial terms and conditions under which GSA assigns, and a 
customer agency occupies, the GSA-controlled space identified therein.
    Parking or parking space means surface land, structures, or areas 
within structures designed and designated for the purpose of parking 
vehicles.
    Personnel means the peak number of persons to be housed during a 
single shift, regardless of how many workstations are provided for them. 
In

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addition to permanent employees of the agency, personnel includes 
temporaries, part-time, seasonal, and contractual employees, budgeted 
vacancies, and employees of other agencies and organizations who are 
housed in a space assignment.
    Portfolio leases mean long term or ``master'' leases, usually 
negotiated to house several agencies whose individual term requirements 
differ from the terms of the underlying GSA lease with the lessor, and 
from each other. These may also be leases housing single agencies, but 
which entail for GSA responsibilities (burdens and benefits) which mimic 
an ownership position, or equity rights, even though no equity interest 
or ownership liability exists. An example of the latter would be long 
term renewal options on a lease which, in order to enjoy, involve 
substantial capital outlays by GSA to improve the building 
infrastructure. In both these cases, GSA is assuming risks or capital 
expenditures outside of the conventions of single transactions or 
occupancies. Accordingly, for a portfolio lease, it is not appropriate 
merely to pass through to the customer agency(ies) the rental rate of 
the underlying GSA lease. Portfolio leases are treated for pricing 
purposes as owned space, with Rent set by appraisal.
    Predominant use means the use to which the greatest portion of a 
location is put. Predominant use is determined by the Public Buildings 
Service (PBS), GSA, and will typically result in the designation of a 
location as one of four types of space--General Use, Warehouse, Unique, 
or Parking--even though some smaller portions of the space may be used 
for one or more of the other types of uses.
    Rent means the amounts charged by GSA for space and related services 
to the customer agencies with tenancy in GSA-controlled space. The word 
``Rent'' is capitalized to differentiate it from the contract ``rent'' 
that GSA pays lessors.
    Rentable square footage means the amount of space as defined in 
``Building Owners and Managers Association (BOMA)/American National 
Standards Institute (ANSI) Standard Z65.1-1996.'' The BOMA/ANSI standard 
also defines ``gross,'' ``office area,'' ``floor common,'' and 
``building common'' areas. Any references to these terms in this part 
refer to the BOMA/ANSI standard definitions. This standard has been 
adopted in accordance with GSA's interest in conforming its practices to 
nationally recognized industry standards to the extent possible.

    Note to the Definition of Rentable Square Footage: Rentable square 
footage generally includes square footage of areas occupied by customers 
plus a prorated share of floor common areas such as elevator lobbies, 
building corridors, public restrooms, utility closets, and machine 
rooms. Rentable square footage also includes a prorated share of 
building common areas located throughout the building. Examples of 
building common space include ground floor entrance lobby, enclosed 
atrium, loading dock, and mail room.

    Request for space or space request means a written or electronically 
submitted document or an oral request, within which an agency's space 
needs are summarized. A request for space is requisite for development 
of an OA. Thus, it must be submitted to GSA by a duly authorized 
official of the customer agency, and it must be accompanied by 
documentation of the customer agency's ability to fund payment of 
required Rent charges.
    Return on Investment (ROI) pricing is one possible methodology used 
to establish a Rent rate for certain owned space. Typically, ROI pricing 
is a Rent rate that ensures GSA a reasonable return on its cost to 
acquire and improve the asset. ROI pricing may be used where no other 
comparable commercial space is available or no other appraisal method 
would be appropriate. It may also be used in cases in which an 
appraisal-based rental rate will not meet GSA's minimum return 
requirements for the planned level of investment.
    Security fees mean Rent charges for building services provided by 
GSA's Federal Protective Service. Security fees are comprised of basic 
and building specific charges.
    (a) A basic security fee is assessed in all PBS-controlled 
properties where the Federal Protective Service (FPS) provides security 
services. The rate is set annually on a per-square-foot basis. The 
charge includes the following services:

[[Page 160]]

    (1) General law enforcement on PBS-controlled property;
    (2) Physical security assessments;
    (3) Crime prevention and awareness training;
    (4) Advice and assistance to building security committees;
    (5) Intelligence sharing program;
    (6) Criminal investigation;
    (7) Assistance and coordination in Occupancy Emergency Plan 
development;
    (8) Coordination of mobilization and response to terrorist threat or 
civil disturbance;
    (9) Program administration for security guard contracts; and
    (10) Megacenter operations for monitoring building perimeter alarms 
and dispatching appropriate law enforcement response.
    (b) The building specific security charge is comprised of two 
elements: Operating expenses and amortized capital costs. Building 
specific charges, whether operating expenses or capital costs, are 
distributed overall federal users by building or facility in direct 
proportion to each customer agency's percentage of federal occupancy. As 
with joint use charges, the distribution of building-specific charges 
among customer agencies is not re-adjusted for vacancy.
    Space means a defined area within a building and/or parcel of land. 
(Personal property and furniture are not included.)
    Space allocation standard (SAS) means a standard agreed upon by GSA 
and a customer agency, written in terms that permit nationwide or 
regional application, that is used as a basis for establishing that 
agency's space requirements. An SAS may describe special GSA and 
customer agency funding responsibilities, although such responsibilities 
will be covered in OAs for space assignments. An SAS may also be 
developed between GSA and customer agencies on a regional level to 
standardize or simplify transactions, provided that the terms of a 
regional SAS are consistent with the terms of that agency's national SAS 
and the terms of this part.
    Space assignment or assignments means a transaction between GSA and 
a customer agency that results in a customer agency's right to occupy 
certain GSA-controlled space, usually in return for customer agency 
payment(s) to GSA for use of the space. Space assignment rights, 
obligations, and responsibilities not covered in this part, or in the 
customer guides, are formalized in an OA.
    Space planning means the process of using recognized professional 
techniques of planning, layout and interior design to determine the best 
internal location and the most efficient configuration for satisfying 
agency space needs.
    Space program of requirements means a summary statement of an 
agency's space needs. These requirements will generally include 
information about location, square footage, construction requirements, 
and duration of the agency's space need. They may be identified in any 
format mutually agreeable to GSA and the agency.
    Special space means space which has unusual architectural/
construction features, requires the installation of special equipment, 
or requires disproportionately high or low costs to construct, maintain 
and/or operate as compared to office or storage space. Special space 
generally refers to space which has construction features, finishes, 
services, utilities, or other additional costs beyond those specified in 
the customer general allowance (e.g., courtrooms, laboratories).
    Standard level of service. See Sec. 102-85.165 for the definition of 
standard level of service.
    Telecommunications means electronic processing of information, 
either voice or data or both, over a wide variety of media, (e.g., 
copper wire, microwave, fiber optics, radio frequencies), between 
individuals or offices within a building (e.g., local area networks), 
between buildings, and between cities.
    Tenant improvement (TI) means a finished component of an interior 
block of space. Tenant improvements represent additions to or 
alterations of the building shell that adapt the workspace to the 
specific uses of the customer. If made at initial occupancy, the TIs are 
known as initial space alterations or ISAs.

[[Page 161]]

    Tenant improvement (TI) allowance means the dollar amount, including 
design, labor, materials, contractor costs (if contractors are used), 
management, and inspection, that GSA will spend to construct, alter, and 
finish space for customer occupancy (excluding personal property and 
furniture, which are customer agency responsibilities) at initial 
occupancy. The dollar amounts for the allowances are different for each 
agency and bureau to accommodate agencies' different mission needs. The 
dollar amounts also may vary by locations reflecting different costs in 
different markets. The PBS bill will only reflect the actual amount the 
customers spend, not the allowance. The amount of the TI allowance is 
determined by GSA. Agencies can request that GSA revise the TI allowance 
amount by project or categorically for an entire bureau. The cost of 
replacement of tenant improvements is borne by the customer agency.
    Unique space means space for which there is no commercial market 
comparable (e.g., border stations).
    Warehouse or warehouse space means space contained in a structure 
primarily intended for the housing of files, records, equipment, or 
other personal property, and is not primarily intended for housing 
personnel and office operations. Warehouse space generally is designed 
and constructed to lower specifications than office buildings, with 
features such as exposed ceilings, unfinished perimeter and few dividing 
partitions. Warehouse space also is usually heated to a lesser degree 
but not air-conditioned, and is cleaned to lesser standards than office 
space.
    Workspace means Federally controlled space in buildings and 
structures (permanent, semi-permanent, or temporary) that provides an 
acceptable environment for the performance of agency mission 
requirements by employees or by other persons occupying it.



Sec. 102-85.40  What are the major components of the pricing policy?

    The major components of the pricing policy are:
    (a) An OA between a customer agency and GSA;
    (b) Tenant improvement allowance; and
    (c) The establishment of Rent the agency pays to GSA based on the OA 
for:
    (1) Leased space, a pass-through to the customer agency of the 
underlying GSA lease contract costs, and a PBS fee; or
    (2) GSA-owned space, Rent determined by appraisal.



                     Subpart B--Occupancy Agreement



Sec. 102-85.45  When is an Occupancy Agreement required?

    An Occupancy Agreement (OA) is required for each customer agency's 
space assignment. The OA must be agreed to by GSA and the customer 
agency prior to GSA's commitment of funds for occupancy and formal 
assignment of space.



Sec. 102-85.50  When does availability of funding have to be certified?

    The customer agency must sign an OA prior to GSA's making any major 
contractual commitments associated with the space request. Typically, 
this should occur at the earliest possible opportunity-i.e., when funds 
become available. However, in no event shall certification occur later 
than just prior to the award of the contract to a design architect in 
the case of Federal construction or renovation in Federally owned space 
or prior to the award of a lease. This serves as a customer agency's 
funding commitment unless certification is provided on another document.



Sec. 102-85.55  What are the terms and conditions included in an OA?

    The terms and conditions are modeled after commercial practice. They 
are intended to reflect a full mutual understanding of the financial 
terms and agreement of the parties. The OA describes the actual space 
and services to be provided and all associated actual costs to the 
customer during the term of occupancy. The OA does not include any 
general provisions or terms contained in this part. OAs typically 
describe the following, depending on

[[Page 162]]

whether the space is leased or Federally owned:
    (a) Assigned square footage;
    (b) Shell Rent and term of occupancy;
    (c) Amortized amount of customer allowance used;
    (d) Operating costs and escalations;
    (e) One time charges; e.g., lump sum payments by the customer;
    (f) Real estate tax and escalations;
    (g) Parking and escalations;
    (h) Additional/reduced services;
    (i) Security services and associated Rent;
    (j) Joint use space and associated Rent;
    (k) PBS fee;
    (l) Customer rights and provisions for occupancy after OA 
expiration;
    (m) Cancellation provisions if different from this part or the 
customer service guides;
    (n) Any special circumstances associated with the occupancy, such as 
environmental responsibilities, unusual use restrictions, or agreements 
with local authorities;
    (o) Emergency relocations;
    (p) Clauses specific to the agreement;
    (q) Other Rent, e.g., charges for antenna sites, land;
    (r) Agency standard clauses; and
    (s) General clauses defining the obligations of both parties.



Sec. 102-85.60  Who can execute an OA?

    Authorized GSA and customer agency officials who can commit or 
obligate the funds of their respective agencies can execute an OA. 
Higher level signatories may be appropriate from both agencies for space 
assignments in owned or leased space, that are unusual in size, 
location, duration, public interest, or other factors. Each agency 
decides its appropriate signatory level.



Sec. 102-85.65  How does an OA obligate the customer agency?

    An OA obligates the executing customer agency to fund the current-
year Rent obligation owed GSA, as well as to reimburse GSA for any other 
bona fide obligations that GSA may have incurred on behalf of the 
customer agency. Although the OA is an interagency agreement, 
memorializing the understanding of GSA and its customer agency, the OA 
may not be construed as obligating future year customer agency funds 
until they are legally available. A multi-year OA commitment assumes the 
customer agency will seek the necessary funding through budget and 
appropriations processes.



Sec. 102-85.70  Are the standard OA terms appropriate for non-cancelable space?

    Yes, most of the standard terms apply; however, the right to cancel 
upon a 4-month (120 day) notice is not available. See Sec. 102-85.35 for 
the definition of non-cancelable space.



Sec. 102-85.75  When can space assignments be terminated?

    (a) Customer agencies can terminate any space assignments, except 
those designated as non-cancelable, with the following stipulations:
    (1) The agency must give GSA written notice at least four months 
prior to termination.
    (2) The agency is responsible for reimbursing GSA for the unpaid 
balance of the cost of tenant improvements, generally prior to GSA 
releasing the agency from the space assignment. In the event the 
customer agency received a rent concession (e.g., free rent) at the 
inception of the assignment as part of the consideration for the entire 
lease term, then the amount of the concession applicable to the 
remaining term must be repaid to GSA.
    (3) If the space to be vacated is ready for occupancy by another 
customer and marketable, GSA accepts the termination of assignment.
    (4) If the agency has vacated all of the space and removed all 
personal property and equipment from the space by the cancellation date 
in the written notice, the agency will be released effective that date 
from further Rent payments.
    (5) An agency may terminate a GSA space assignment with less than a 
four-month advance written notice to GSA, if:
    (i) Either GSA or the terminating agency has identified another 
agency customer for the assigned space and that substitute agency wants 
and is

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able to fully assume the Rent payments due from the terminating agency; 
and
    (ii) The terminating agency continues to pay Rent until the new 
agency starts paying Rent.
    (b) GSA can terminate space assignments according to GSA regulations 
for emergency or forced moves.
    (c) OAs terminate automatically at expiration.



Sec. 102-85.80  Who is financially responsible for expenses resulting from tenant non-performance?

    The customer agencies are financially responsible for expenses 
incurred by the Government as a result of any failure on their part to 
fulfill a commitment outlined in an OA or other written agreements in 
advance of, or in addition to, the OA. Customer agencies are also 
financially responsible for revised design costs and any additional 
costs resulting from changes to space requirements or space layouts made 
by the agency after a lease, alteration, design, or construction 
contract has been awarded by GSA.



Sec. 102-85.85  What if a customer agency participates in a consolidation?

    If an agency agrees to participate in a consolidation upon 
expiration of an OA, the relocation expenses will be addressed in the 
new OA negotiated by GSA and the customer agency. The customer agency 
generally pays such costs.



                 Subpart C--Tenant Improvement Allowance



Sec. 102-85.90  What is a tenant improvement allowance?

    A tenant improvement (TI) allowance enables the customer agency to 
design, configure and build out space to support its program operations. 
It is based on local market construction costs and the specific bureau's 
historical use of space. (See also the definition at Sec. 102-85.35.)



Sec. 102-85.95  Who pays for the TI allowance?

    The customer agency pays for the amount of the tenant improvement 
allowance actually used.



Sec. 102-85.100  How does a customer agency pay for tenant improvements?

    To pay for the installation of tenant improvements, the customer 
agency may spend an amount not to exceed the tenant allowance. The 
amount spent by the customer agency for TIs is amortized over a period 
of time specified in the OA, not to exceed the useful life of the 
improvements. This amortization payment is in addition to the shell rent 
and services.



Sec. 102-85.105  How does an agency pay for customer alterations that exceed the TI allowance?

    Amounts exceeding the TI allowance are paid in a one-time lump sum 
and are not amortized over the term of the occupancy. The agency 
certifies lump sum funds are available prior to GSA proceeding with the 
work.



Sec. 102-85.110  Can the allowance amount be changed?

    The GSA schedule of allowances for new assignments is adjusted 
annually for design and construction cost changes. As the need arises, 
GSA may adjust an agency or bureau's TI allowance. GSA may also adjust a 
TI allowance for a specific project, if conditions warrant. This 
decision is solely GSA's. In addition, the customer agency may waive any 
part or all of its customization allowance in the case of a new space 
assignment. In the case of backfill space (also known as relet space), 
the customer agency can also waive any part or all of the tenant general 
allowance, if the customer agency will use the existing tenant 
improvements, with or without modifications.



                         Subpart D--Rent Charges



Sec. 102-85.115  How is the Rent determined?

    Unless an exemption is granted under the authority of the 
Administrator of General Services, the Rent charged approximates 
commercial charges for comparable space and space-related services as 
follows:
    (a) Generally, Rent for Federally owned space provided by GSA is 
based on market appraisals of fully serviced rental values for the 
predominant use

[[Page 164]]

to which space in a building is put; e.g., general use, warehouse use, 
and parking use. In cases where market appraisals are not practical; 
e.g., in cases involving unique space or when market comparables are not 
available, GSA may establish Rent on the basis of alternate commercial 
practices. See the discussion of alternate valuation methods in 
Sec. 102-85.125. Amortization of tenant improvements, parking fees, and 
security charges are calculated separately and added to the appraised 
shell Rent to establish the Rent charge. Customer agencies also pay for 
a pro rata share of joint use space.
    (b) Generally, Rent for space leased by GSA is based on the actual 
cost of the lease, including the costs (if any) of services not provided 
by the lessor, plus a GSA fee, and security charges and parking (if not 
in the lease).
    (1) The Rent is based on the terms and conditions of the OA, 
starting with the shell Rent.
    (2) In addition to the shell Rent, the Rent includes amortization of 
TI allowances used, real estate taxes, operating costs, extra services, 
parking, GSA fee for its services, and charges for security, joint-use, 
and other applicable rental charges (e.g., antenna site, land, 
wareyard).



Sec. 102-85.120  What is shell Rent?

    Shell Rent is that portion of GSA Rent charged for the building 
envelope and land. (See Sec. 102-85.35 for the definition of building 
shell.)



Sec. 102-85.125  What alternate methods may be used to establish Rent in Federally-owned space?

    Alternate methods of establishing Rent are based on private sector 
models. They include, but are not limited to:
    (a) Return on investment (ROI) approach or a similar cost recovery 
method used when market comparables are not available and/or GSA must 
``build to suit'' to fulfill customer agency requirements; e.g., border 
stations; and
    (b) Rent schedules for the right to use rooftops and other floor 
areas not suitable for workspace; e.g., antenna sites and signage.



Sec. 102-85.130  How are exemptions from Rent granted?

    Exemptions from Rent are rare. However, the Administrator of General 
Services may exempt any GSA customer from Rent after a determination 
that application of Rent would not be feasible or practical. Customer 
agency requests for exemptions must be addressed to the Administrator of 
General Services and submitted in accordance with GSA Order PBS 4210.1, 
``Rent Exemption Procedures,'' dated December 20, 1991, or in accordance 
with any superseding GSA order. A copy of the order may be obtained from 
the Office of Portfolio Management, General Services Administration, 
1800 F Street, NW., Washington, DC 20405.



Sec. 102-85.135  What if space and services are provided by other executive agencies?

    Any executive agency other than GSA providing space and services is 
authorized to charge the occupant for the space and services at rates 
approved by the Administrator of General Services and the Director of 
the Office of Management and Budget. If space and services are of the 
type provided by the Administrator of General Services, the executive 
agency providing the space and services must credit the monies derived 
from any fees or charges to the appropriation or fund initially charged 
for providing the space or services, as prescribed by Subsection 210(k) 
of the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 490(k)).



Sec. 102-85.140  How are changes in Rent reflected in OAs?

    (a) If Rent changes in ways that are identified in the OA, then no 
change to the OA is required. Typically, OAs state that certain 
components of Rent are subject to annual escalation; e.g., operating 
expenses, real estate taxes, parking charges, the basic security charge, 
and building-specific security operating and amortized capital expenses 
which do not entail a change in service level. Also, in Federally-owned 
space, OAs state that the shell rent is re-marked to market every five 
years. In leased space, the OA will identify any programmed changes in 
the lease

[[Page 165]]

contract rent (such as pre-set increases or steps in the contract rent 
rate) that will translate into a change in the customer agency's Rent. 
Changes in Rent specified in OAs will serve as notice to agencies of 
future Rent changes for budgeting purposes. For a discussion of 
budgeting for Rent, see Sec. 102-85.160.
    (b) Changes to Rent other than those identified in paragraph (a) of 
this section typically require an amended OA. There are many events that 
might occasion a change in Rent, and an amended OA, such as:
    (1) An agency expands or contracts at an existing location;
    (2) PBS agrees to fund additional tenant improvements that are then 
amortized over the remaining OA term, or over an extended OA term;
    (3) Upon physical re-measurement, the true square footage of the 
space assignment is found to be different from the square footage of 
record;
    (4) The amount of joint use space in the building changes;
    (5) The level of building-specific security services changes; or
    (6) PBS undertakes new capital expenditures for new or enhanced 
security countermeasures.



Sec. 102-85.145  When are customer agencies responsible for Rent charges?

    (a) When a customer agency occupies cancelable space, it is 
responsible for Rent charges until:
    (1) The date of release specified in the OA, or until the date space 
is actually vacated, whichever occurs later; or
    (2) Four months after having provided GSA written notice of release; 
or
    (3) The date space is actually vacated, whenever occupancy extends 
beyond the date agreed upon under either paragraph (a)(1) or (2) of this 
section.
    (b) When a customer agency releases non-cancelable space, it is 
responsible for all attributable Rent and other space charges until the 
OA expires. This responsibility is mitigated to the extent that GSA is 
able to assign the space to another user or dispose of it. (See 
Sec. 102-85.65 How does an OA obligate the customer agency?)
    (c) When a customer agency commits to occupy space in an OA or other 
binding document, but never occupies that space, that agency is 
responsible for:
    (1) Non-cancelable space: Rent payments due for the space until the 
OA expires, unless GSA can mitigate; or
    (2) All other space: Either GSA's space charges for 4 months plus 
the cost of tenant improvements or GSA's actual costs, whichever is 
less.



Sec. 102-85.150  How will Rent charges be reflected on the customer agency's Rent bill?

    Rent charges are billed monthly, in arrears, based on an annual rate 
which is divided by 12. Billing commences the first month in which the 
agency occupies the space for more than half of the month, and ends in 
the last month the agency occupies the space.



Sec. 102-85.155  What does a customer agency do if it does not agree with a Rent bill?

    (a) If a customer agency does not agree with the way GSA has 
determined its Rent obligation (e.g., the agency does not agree with 
GSA's space classification, appraised Rent, or the allocation of space), 
the agency may appeal its Rent bill to GSA.
    (b) GSA will not increase or otherwise change Rent for any 
assignment, except as agreed in an OA, in the case of errors, or when 
the OA is amended. However, customer agencies may at any time request a 
regional review of the measurement, classification, service levels 
provided, or charges assessed that pertain to the space assignment 
without resorting to formal procedures. Such requests do not constitute 
appeals and should be directed to the appropriate GSA Regional 
Administrator.
    (c) If a customer agency still wants to pursue a formal appeal of 
Rent charges, they may do so, but with the following limitations:
    (1) Terms, including rates, to which the parties agree in an OA are 
not appealable;
    (2) In leased space, the contract rent passed through from the 
underlying lease cannot be appealed;
    (3) In GSA-owned space, when the fully-serviced shell Rent is 
established through appraisal, the appraised rate must exceed comparable 
commercial square foot rates by 20 percent. When

[[Page 166]]

shell Rent in owned space is established on the basis of ROI at the 
inception of an OA, and the customer agency executes the OA, then the 
ROI rate cannot later be appealed. Other components of Rent that are 
established on the basis of actual cost--eg., amortization of TIs and 
building specific security charges--also cannot be appealed.
    (4) Additionally, the customer agency is required to compare its 
assigned space with other space in the surrounding community that:
    (i) Is available in similar size block of space in a comparable 
location;
    (ii) Is comparable in quality to the space provided by GSA;
    (iii) Provides similar service levels as part of the charges;
    (iv) Contains similar contractual terms, conditions, and escalations 
clauses; and
    (v) Represents a lease transaction completed at a similar point in 
time.
    (5) Data from at least three comparable locations will be necessary 
to demonstrate a market trend sufficient to warrant revising an 
appraised Rent charge.
    (d) A customer agency filing an appeal for a particular location or 
building must develop documentation supporting the appeal and file the 
appeal with the appropriate Regional Administrator. The GSA regional 
office will verify all pertinent information and documentation 
supporting the appeal. The GSA Regional Administrator will accept or 
deny the appeal and will notify the appealing agency of his or her 
ruling.
    (e) A further appeal may be filed by the customer agency's 
headquarters level officials with the Commissioner, Public Buildings 
Service, if equitable resolution has not been obtained from the initial 
appeal. A head of a customer agency may further appeal to the 
Administrator of the General Services. Documentation of the procedures 
followed for prior resolution must accompany an appeal to the 
Administrator. Decisions made by the Administrator are final.
    (f) Adjustments of Rent resulting from reviews and appeals will be 
effective in the month that the agency submitted a properly documented 
appeal. Adjustments in Rent made under this section remain in effect for 
the remainder of the 5-year period in which the charges cited in the OA 
were applicable.



Sec. 102-85.160  How does a customer agency know how much to budget for Rent?

    GSA normally provides customer agencies an estimate of Rent 
increases approximately 2 months prior to the agencies' Office of 
Management and Budget (OMB) submission for the fiscal year in which GSA 
will charge Rent. This gives the affected customer agencies an 
opportunity to budget for an increase or decrease. However, GSA must 
obtain the concurrence of OMB for such changes prior to notifying 
customer agencies. In the event GSA is unable to provide timely notice 
of a future Rent increase, customer agencies are nonetheless obligated 
to pay the increased Rent amount. For existing assignments in owned 
buildings, GSA charges for fully serviced shell Rent, in aggregate, 
shall not exceed the bureau level budget estimates provided to the 
customer agencies annually. This provision does not apply to:
    (a) New assignments;
    (b) Changes in current assignments;
    (c) Leased space;
    (d) New tenant improvement amortization;
    (e) Building specific security costs; and
    (f) New amortization of capital expenditures under ROI pricing due 
to changes in scope of proposed projects or repair and/or replacement of 
building components



                  Subpart E--Standard Levels of Service



Sec. 102-85.165  What are standard levels of service?

    (a) The standard levels of service covered by GSA Rent are 
comparable to those furnished in commercial practice. They are based on 
the effort required to service the customer agency's space for a 5-day 
week (Monday to Friday), one-shift regular work schedule. GSA will 
provide adequate building startup services, before the beginning of the 
customer's regular one-shift

[[Page 167]]

work schedule, and shutdown services after the end of this schedule.
    (b) Without additional charge, GSA customers may use their assigned 
space and supporting automatic elevator systems, lights and small office 
and business machines including personal computers on an incidental 
basis, unless specified otherwise in the OA.



Sec. 102-85.170  Can flexitime and other alternative work schedules cost the customer agency more?

    Yes, GSA customers who extend their regular work schedule by a 
system of flexible hours shall reimburse GSA for its approximate cost of 
the additional services required.



Sec. 102-85.175  Are the standard level services for cleaning, mechanical operation, and maintenance identified in an OA?

    Unless specified otherwise in the OA, standard level services for 
cleaning, mechanical operation, and maintenance shall be provided in 
accordance with the GSA standard level of services as defined in 
Sec. 102-85.165, and in the PBS Customer Guide to Real Property. A copy 
of the guide may be obtained from the General Services Administration, 
Office of Business Performance (PX), 1800 F Street, NW., Washington, DC 
20405.



Sec. 102-85.180  Can there be other standard services?

    GSA may provide additional services to its customers at the levels 
and times deemed by the Administrator of General Services to be 
necessary for efficient operations and proper servicing of space under 
the assignment responsibility of GSA.



Sec. 102-85.185  Can space be exempted from the standard levels of service

    Yes, customer agencies may be excused from paying for standard 
service levels for space assignments when:
    (a) In GSA-delegated space, the customer agency provides for these 
services itself and thus pays Rent minus charges for these services; or
    (b) In rare instances, standard service levels may be waived by the 
Administrator of General Services in instances where charging for such 
standard services would not be feasible or practical, e.g., in 
assignments of limited square footage or functional use.



Sec. 102-85.190  Can GSA Rent be adjusted when standard levels of service are performed by other customer agencies?

    Customer agencies that arrange and pay separately for the costs of 
standard level services normally covered by GSA Rent will receive a Rent 
credit or other type of reimbursement by GSA for the amount GSA would 
have charged for such services. The type of reimbursement is at GSA's 
discretion. The reimbursement is limited to the amount included for the 
services in GSA Rent. Approval to perform or contract for such services 
must be obtained in advance by the customer agency from the appropriate 
GSA regional office.



                       Subpart F--Special Services



Sec. 102-85.195  Does GSA provide special services?

    Yes, GSA provides special services on a cost-reimbursable basis:
    (a) In GSA-controlled space, GSA may provide for special services 
that cannot be separated from the building or space costs (inseparable 
services, such as utilities, which are not individually metered). GSA's 
estimate of the special service cost is the basis for the bill amount. 
The bill amount for separable special services is either based on a 
previously agreed upon fixed price or the actual cost, including a fee 
for GSA's services.
    (b) GSA can also provide special services to other Federal agencies 
in agency-controlled and operated space on a cost-reimbursable basis.



       Subpart G--Continued Occupancy, Relocation and Forced Moves



Sec. 102-85.200  Can customer agencies continue occupancy of space or must they relocate at the end of an OA?

    The answer is contingent upon whether the customer agency is in 
Federally owned or leased space.
    (a) Unless stated otherwise in the OA, a customer agency within a 
GSA controlled, Federally owned building

[[Page 168]]

has automatic occupancy rights at the end of the OA term for occupied 
space. However, a new OA must be negotiated.
    (b) In leased space, the OA generally reflects the provisions of the 
underlying lease and will specify whether or not renewal options are 
available. If the OA does not include a renewal option, customer 
agencies should assume relocation would be necessary upon OA expiration, 
and budget for it. Further, renewal options are not, in themselves, a 
guarantee of continued occupancy at that location. In some cases, the 
renewal rate is substantially above market or the option was not part of 
the initial price evaluation for the occupancy. In such cases, GSA may 
be required to run a competition for the replacement lease, and a 
relocation may ensue. Nonetheless, it is also possible that GSA may 
execute a succeeding lease with the incumbent lessor, in which case 
there is no move.
    (c) GSA and customer agencies should initiate discussions at least 
18-20 months in advance of OA expiration to address an action for the 
replacement or continued occupancy of the existing space assignment. 
This allows both agencies time to budget for the work and the cost.



Sec. 102-85.205  What happens if a customer agency continues occupancy after the expiration of an OA?

    A mutual goal of GSA and its customers is to have current OAs in 
place for all space assignments. However, provisions are necessary to 
cover the GSA and customer relationship if an OA expires prior to 
execution of a mutually desired succeeding agreement. Because the risks, 
liabilities, and consequences of a customer's continued occupancy depend 
on whether the assigned space is leased or Federally owned, different 
provisions in the following table apply:

   Holdover Tenancy--Customer Agency Responsibilities in the Event of
                     Tenant Delay in Vacating Space
------------------------------------------------------------------------
              In leased space                 In federally owned space
------------------------------------------------------------------------
To pay those costs associated with lease    To pay Rent as determined by
 contract, GSA fee, and damages/claims,      GSA's pricing policy, as
 arising from changes in GSA contract        described in this part, and
 costs which are caused by the tenant's      those added costs to GSA
 delay.                                      (claims, damages, changes,
                                             etc.) resulting from the
                                             tenant-caused delay.
------------------------------------------------------------------------



Sec. 102-85.210  What if a customer agency has to relocate?

    If the agency or GSA determines relocation is necessary at the 
expiration of an OA for either Federally owned or leased space, the 
customer agency is responsible for all costs associated with relocation 
at that time.



Sec. 102-85.215  What if another customer agency forces a GSA customer to move?

    If a GSA customer agency, or GSA, forces the relocation of another 
GSA customer agency prior to the expiration of the customer's OA, the 
``forcing'' agency is responsible:
    (a) For all reasonable costs associated with the relocation of the 
agency being ``forced'' to move, including architectural-engineering 
design, move coordination and physical relocation, telecommunications 
and ADP equipment relocation and installation;
    (b) To GSA for all of the relocated agency's unpaid tenant 
improvements, if any; and
    (c) To the customer agency for the undepreciated amount of any lump 
sum payment that was already made by the agency for alterations.



Sec. 102-85.220  Can a customer agency forced to relocate waive the reimbursements?

    Yes, a customer agency forced to relocate can waive some or all of 
the reimbursements from the forcing agency

[[Page 169]]

that are prescribed in Sec. 102-85.215. However, a relocated customer 
agency cannot waive the requirement for the forcing customer agency to 
reimburse GSA for unpaid tenant improvements. If GSA is the ``forcing'' 
agency, it is responsible for the same costs as any other forcing 
customer agency.



Sec. 102-85.225  What are the funding responsibilities for relocations resulting from emergencies?

    (a) In emergencies, swift remedies, including the possible 
relocation of a customer agency to alternate space, are required. The 
remedies may include requests for funding authorizations from OMB and 
Congress. GSA may serve as the central coordinator of such remedies.
    (b) Funding responsibility will vary by situation. If a customer 
agency is only temporarily displaced from its space, GSA typically 
covers the cost of temporary set-up in a provisional location. If the 
agency is obliged to relocate permanently, an OA will be prepared which 
will address all terms of the occupancy. In such cases, new tenant 
improvements will be constructed which can be amortized over the life of 
a new occupancy term, and a new Rent rate will be developed.

                     PART 102-86--102-92 [RESERVED]

[[Page 170]]



                      SUBCHAPTER D--TRANSPORTATION



                    PART 102-116--GENERAL [RESERVED]



PART 102-117--TRANSPORTATION MANAGEMENT--Table of Contents




                           Subpart A--General

Sec.
102-117.5  What is transportation management?
102-117.10  What is the scope of this part?
102-117.15  To whom does this part apply?
102-117.20  Are any agencies exempt from this part?
102-117.25  What definitions apply to this part?

         Subpart B--Acquiring Transportation or Related Services

102-117.30  What choices do I have when acquiring transportation or 
          related services?
102-117.35  What are the advantages and disadvantages to using GSA's 
          tender of service?
102-117.40  When is it advantageous for me to use another agency's 
          contract or rate tender for transportation services?
102-117.45  What other factors must I consider when using another 
          agency's contract or rate tender?
102-117.50  What are the advantages and disadvantages of contracting 
          directly with a TSP under FAR?
102-117.55  What are the advantages and disadvantages of using a rate 
          tender?
102-117.60  What is the importance of the terms and conditions in a rate 
          tender or other transportation document?
102-117.65  What terms and conditions must all rate tenders or contracts 
          include?
102-117.70  Where do I find more information on terms and conditions?
102-117.75  How do I reference the rate tender on transportation 
          documents?
102-117.80  How are rate tenders filed?
102-117.85  What is the difference between a Government bill of lading 
          (GBL) and a bill of lading?
102-117.90  May I use U.S. Government bill of lading (GBL) (Optional 
          Forms 1103 and 1203), to acquire freight, household goods or 
          other related transportation services?
102-117.95  After the GBLs retire for domestic shipments, what 
          transportation documents must I use to acquire freight, 
          household goods or other transportation services?

    Subpart C--Business Rules To Consider Before Shipping Freight or 
                             Household Goods

102-117.100  What business rules must I consider before acquiring 
          transportation or related services?
102-117.105  What does best value mean when routing a shipment?
102-117.110  What is satisfactory service?
102-117.115  How do I calculate total delivery costs?
102-117.120  To what extent must I equally distribute orders for 
          transportation and related services among TSPs?
102-117.125  How detailed must I describe property for shipment when 
          communicating to a TSP?
102-117.130  Must I select TSPs who use alternative fuels?

  Subpart D--Restrictions That Affect International Transportation of 
                       Freight and Household Goods

102-117.135  What are the international transportation restrictions?
102-117.140  What is cargo preference?
102-117.145  What are coastwise laws?
102-117.150  What do I need to know about coastwise laws?
102-117.155  Where do I go for further information about coastwise laws?

                       Subpart E--Shipping Freight

102-117.160  What is freight?
102-117.165  What shipping process must I use for freight?
102-117.170  What reference materials are available to ship freight?
102-117.175  What factors do I consider to determine the mode of 
          transportation?
102-117.180  What transportation documents must I use to ship freight?
102-117.185  Where must I send a copy of the transportation documents?
102-117.190  Where do I file a claim for loss or damage to property?
102-117.195  Are there time limits affecting filing of a claim?

             Subpart F--Shipping Hazardous Material (HAZMAT)

102-117.200  What is HAZMAT?
102-117.205  What are the restrictions for transporting HAZMAT?
102-117.210  Where can I get guidance on transporting HAZMAT?

[[Page 171]]

                   Subpart G--Shipping Household Goods

102-117.215  What are household goods (HHG)?
102-117.220  What choices do I have to ship HHG?
102-117.225  What is the difference between a contract or rate tender 
          and a commuted rate system?
102-117.230  Must I compare costs between a contract or rate tender and 
          the commuted rate system before choosing which method to use?
102-117.235  How do I get a cost comparison?
102-117.240  What is my agency's financial responsibility to an employee 
          who chooses to move all or part of his/her HHG under the 
          commuted rate system?
102-117.245  What is my responsibility in providing guidance to an 
          employee who wishes to use the commuted rate system?
102-117.250  What are my responsibilities after shipping the household 
          goods?
102-117.255  What actions may I take if the TSP's performance is not 
          satisfactory?
102-117.260  What are my responsibilities to employees regarding the 
          TSP's liability for loss or damage claims?
102-117.265  Are there time limits that affect filing a claim with a TSP 
          for loss or damage?

                     Subpart H--Performance Measures

102-117.270  What are agency performance measures for transportation?

      Subpart I--Transportation Service Provider (TSP) Performance

102-117.275  What performance must I expect from a TSP?
102-117.280  What aspects of the TSP's performance are important to 
          measure?
102-117.285  What are my choices if a TSP's performance is not 
          satisfactory?
102-117.290  What is the difference between temporary nonuse, suspension 
          and debarment?
102-117.295  Who makes the decisions on temporary nonuse, suspension and 
          debarment?
102-117.300  Do the decisions on temporary nonuse, suspension and 
          debarment go beyond the agency?
102-117.305  Where do I go for information on the process for suspending 
          or debarring a TSP?
102-117.310  What records must I keep on temporary nonuse, suspension or 
          debarment of a TSP?
102-117.315  Who must I notify on suspension or debarment of a TSP?

      Subpart J--Representation Before Regulatory Body Proceedings

102-117.320  What is a transportation regulatory body proceeding?
102-117.325  May my agency appear on its own behalf before a 
          transportation regulatory body proceeding?
102-117.330  When, or under what circumstances, would GSA delegate 
          authority to an agency to appear on its own behalf before a 
          transportation regulatory body proceeding?
102-117.335  How does my agency ask for a delegation to represent itself 
          in a regulatory body proceeding?
102-117.340  What other types of assistance may GSA provide agencies in 
          dealing with regulatory bodies?

                           Subpart K--Reports

102-117.345  Is there a requirement for me to report to GSA on my 
          transportation activities?
102-117.350   How will GSA use reports I submit?

     Subpart L--Governmentwide Transportation Policy Council (GTPC)

102-117.355  What is the Governmentwide Transportation Policy Council 
          (GTPC)?
102-117.360  Where can I get more information about the GTPC?

    Authority: 31 U.S.C. 3726; 40 U.S.C. 481, et seq.

    Source: 65 FR 60061, Oct. 6, 2000, unless otherwise noted.



                           Subpart A--General



Sec. 102-117.5  What is transportation management?

    Transportation management is agency oversight of the physical 
movement of commodities, household goods (HHG) and other freight from 
one location to another by a transportation service provider (TSP).



Sec. 102-117.10  What is the scope of this part?

    This part addresses shipping freight and household goods worldwide. 
Freight is property or goods transported as cargo. Household goods are 
not Government property, but are employees' personal property entrusted 
to the Government for shipment.

[[Page 172]]



Sec. 102-117.15  To whom does this part apply?

    This part applies to all agencies and wholly owned Government 
corporations as defined in 5 U.S.C. 101 et seq. and 31 U.S.C. 9101(3), 
except those indicated in Sec. 102-117.20.



Sec. 102-117.20  Are any agencies exempt from this part?

    (a) The Department of Defense is exempted from this part by an 
agreement under the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 481 et seq.), except for the rules to debar 
or suspend a TSP under the Federal Acquisition Regulation (48 CFR part 
9, subpart 9.4).
    (b) Subpart D of this part, covering household goods, does not apply 
to the uniformed service members, under Title 37 of the United States 
Code, ``Pay and Allowances of the Uniformed Services,'' including the 
uniformed service members serving in civilian agencies such as the U.S. 
Coast Guard, National Oceanic and Atmospheric Administration and the 
Public Health Service.



Sec. 102-117.25  What definitions apply to this part?

    The following definitions apply to this part:
    Accessorial charges are charges for services other than line-haul 
charges. Examples of accessorial charges are:
    (1) Inside delivery, redelivery, reconsignment, and demurrage or 
detention for freight; and
    (2) Packing, unpacking, appliance servicing, blocking and bracing, 
and special handling for household goods.
    Agency is any executive agency, but does not include:
    (1) A Government Controlled Corporation;
    (2) The Tennessee Valley Authority;
    (3) The Virgin Islands Corporation;
    (4) The Nuclear Regulatory Commission;
    (5) The Central Intelligence Agency;
    (6) The Panama Canal Commission; and
    (7) The National Security Agency, Department of Defense.
    Bill of lading, 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.
    Cargo preference is the legal requirement for all, or a portion of 
all, ocean-borne cargo to be transported on U.S. flag vessels.
    Commuted rate system is the system under which an agency may allow 
its employees to make their own household goods shipping arrangements, 
and apply for reimbursement.
    Consignee is the person or agent to whom freight or household goods 
are delivered.
    Consignor is the person or firm that ships freight or household 
goods to a consignee.
    Contract of carriage is a contract between the TSP and the agency to 
transport freight or household goods.
    Debarment is an action to exclude a TSP, for a period of time, from 
providing services under a rate tender or any contract under the Federal 
Acquisition Regulation (48 CFR part 9, subpart 9.406).
    Demurrage is the penalty charge to an agency for delaying the agreed 
time to load or unload shipments by rail or ocean TSPs.
    Detention is the penalty charge to an agency for delaying the agreed 
time to load or unload shipments by truck TSPs.
    Electronic commerce is an electronic technique for carrying out 
business transactions (ordering and paying for goods and services), 
including electronic mail or messaging, Internet technology, electronic 
bulletin boards, charge cards, electronic funds transfers, and 
electronic data interchange.
    Foreign flag vessel is any vessel of foreign registry including 
vessels owned by U.S. citizens but registered in a foreign country.
    Freight is property or goods transported as cargo.
    Government bill of lading (GBL) is the Optional Form 1103 or 1203, 
the transportation document used as a receipt of goods, evidence of 
title, and a contract of carriage.
    Governmentwide Transportation Policy Council (GTPC) is an 
interagency forum to help GSA formulate policy. It provides agencies 
managing transportation programs a forum to exchange information and 
ideas to solve common

[[Page 173]]

problems. For further information on this council, see web site: http://
www.policyworks.gov/transportation.
    Hazardous material is a substance or material the Secretary of 
Transportation determines to be an unreasonable risk to health, safety, 
and property when transported in commerce, and labels as hazardous under 
section 5103 of the Federal Hazardous Materials Transportation Law (49 
U.S.C. 5103 et seq.). When transported internationally hazardous 
material may be classified as ``Dangerous Goods.'' All such freight must 
be marked in accordance with applicable regulations and the carrier must 
be notified in advance.
    Household goods (HHG) are the personal effects of Government 
employees and their dependents.
    Line-Haul is the movement of freight between cities excluding pickup 
and delivery service.
    Mode is a method of transportation, such as rail, motor, air, water, 
or pipeline.
    Rate schedule is a list of freight rates, taxes, and charges 
assessed against non-household goods cargo.
    Rate tender is an offer a TSP sends to an agency, containing service 
rates and charges.
    Receipt is a written or electronic acknowledgment by the consignee 
or TSP as to when and where a shipment was received.
    Release/declared value 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. The statement of released 
value must be shown on any applicable tariff, tender, or other document 
covering the shipment.
    Reparation is a payment to or from an agency to correct an improper 
transportation billing involving a TSP. Improper routing, overcharges or 
duplicate payments may cause such improper billing. This is different 
from a payment to settle a claim for loss and damage.
    Suspension is an action taken by an agency to disqualify a TSP from 
receiving orders for certain services under a contract or rate tender 
(48 CFR part 9, subpart 9.407).
    Transportation document is any executed agreement for transportation 
service, such as bill of lading, Government bill of lading (GBL), 
Government travel request (GTR) or transportation ticket.
    Transportation service provider (TSP) is 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.
    U.S. flag air carrier is an air carrier holding a certificate issued 
by the United States under 49 U.S.C. 41102 (49 U.S.C. 40118, 48 CFR part 
47, subpart 47.4).
    U.S. flag vessel is a commercial vessel, registered and operated 
under the laws of the U.S., owned and operated by U.S. citizens, and 
used in commercial trade of the United States.

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]



         Subpart B--Acquiring Transportation or Related Services



Sec. 102-117.30  What choices do I have when acquiring transportation or related services?

    When you acquire transportation or related services you may:
    (a) Use the GSA tender of service;
    (b) Use another agency's contract or rate tender with a TSP only if 
allowed by the terms of that agreement or if the Administrator of 
General Services delegates authority to another agency to enter an 
agreement available to other Executive agencies;
    (c) Contract directly with a TSP using the acquisition procedures 
under the Federal Acquisition Regulation (FAR) (48 CFR chapter 1); or
    (d) Negotiate a rate tender under a Federal transportation 
procurement statute, 49 U.S.C. 10721 or 13712.

[[Page 174]]



Sec. 102-117.35  What are the advantages and disadvantages of using GSA's tender of service?

    (a) It is an advantage to use GSA's tender of service when you want 
to:
    (1) Use GSA's authority to negotiate on behalf of the Federal 
Government and take advantage of the lower rates and optimum service 
that result from a larger volume of business;
    (2) Use a uniform tender of service; and
    (3) Obtain assistance with loss and damage claims.
    (b) It is a disadvantage to use GSA's tender of service when:
    (1) You want an agreement that is binding for a longer term than the 
GSA tender of service;
    (2) You have sufficient time to follow FAR contracting procedures; 
and
    (3) You do not want to pay for the GSA administrative service charge 
as a participant in the GSA rate tender programs.



Sec. 102-117.40  When is it advantageous for me to use another agency's contract or rate tender for transportation services?

    It is advantageous to use another agency's contract or rate tender 
for transportation services when the contract or rate tender offers 
better or equal value than otherwise available to you.



Sec. 102-117.45  What other factors must I consider when using another agency's contract or rate tender?

    When using another agency's contract or rate tender, you must:
    (a) Assure that the contract or rate tender meets any special 
requirements unique to your agency;
    (b) Pay any other charges imposed by the other agency for external 
use of their contract or rate tender; and
    (c) Ensure the terms of the other agency's contract or rate tender 
allow you to use it.



Sec. 102-117.50  What are the advantages and disadvantages of contracting directly with a TSP under the FAR?

    (a) The FAR is an advantage to use when:
    (1) You ship consistent volumes in consistent traffic lanes;
    (2) You have sufficient time to follow FAR contracting procedures; 
and
    (3) Your contract office is able to handle the requirement.
    (b) The FAR may be a disadvantage when you:
    (1) Cannot prepare and execute a FAR contract within your time 
frame; or
    (2) Have recurring shipments between designated places, but do not 
expect sufficient volume to obtain favorable rates.



Sec. 102-117.55  What are the advantages and disadvantages of using a rate tender?

    (a) Using a rate tender is an advantage when you:
    (1) Have a shipment that must be made within too short a time frame 
to identify or solicit for a suitable contract; or
    (2) Have shipments recurring between designated places, but do not 
expect sufficient volume to obtain favorable rates.
    (b) Using a rate tender may be a disadvantage when:
    (1) You have sufficient time to use the FAR and this would achieve 
better results;
    (2) You require transportation service for which no rate tender 
currently exists; or
    (3) A TSP may revoke or terminate the tender on short notice.



Sec. 102-117.60  What is the importance of terms and conditions in a rate tender or other transportation document?

    Terms and conditions are important to protect the Government's 
interest and establish the performance and standards expected of the 
TSP. It is important to remember that terms and conditions are:
    (a) Negotiated between the agency and the TSP before movement of any 
item; and
    (b) Included in all contracts and rate tenders listing the services 
the TSP is offering to perform at the cost presented in the rate tender 
or other transportation document.

    Note to Sec. 102-117.60: You must reference the negotiated contract 
or rate tender on all transportation documents. For further information 
see Sec. 102-117.65.

[[Page 175]]



Sec. 102-117.65  What terms and conditions must all rate tenders or contracts include?

    All rate tenders and contracts must include, at a minimum, the 
following terms and conditions:
    (a) Charges cannot be prepaid.
    (b) Charges are not paid at time of delivery.
    (c) Interest shall accrue from the voucher payment date on 
overcharges made and shall be paid at the same rate in effect on that 
date as published by the Secretary of the Treasury according to the Debt 
Collection Act of 1982, 31 U.S.C. 3717.
    (d) To qualify for the rates specified in a rate tender filed under 
the provisions of the Federal transportation procurement statutes (49 
U.S.C. 10721 or 13712), property must be shipped by or for the 
Government and the rate tender must indicate the Government is either 
the consignor or the consignee and include the following statement:

    Transportation is for the (agency name) and the total charges paid 
to the transportation service provider by the consignor or consignee are 
for the benefit of the Government.

    (e) When using a rate tender for transportation under a cost-
reimbursable contract, include the following statement in the rate 
tender:

    Transportation is for the (agency name), and the actual total 
transportation charges paid to the transportation service provider by 
the consignor or consignee are to be reimbursed by the Government 
pursuant to cost reimbursable contract (number). This may be confirmed 
by contacting the agency representative at (name, address and telephone 
number).

    (f) Other terms and conditions that may be specific to your agency 
or the TSP such as specialized packaging requirements or HAZMAT. For 
further information see the ``U.S. Government Freight Transportation 
Handbook,'' available by contacting:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://www.fss.gsa.gov/transtrav



Sec. 102-117.70  Where do I find more information on terms and conditions?

    You may find more information about terms and conditions in part 
102-118 of this chapter, or the ``U.S. Government Freight Transportation 
Handbook'' (see Sec. 102-117.65(f)).



Sec. 102-117.75  How do I reference the rate tender on transportation documents?

    To ensure proper reference of a rate tender on all shipments, you 
must show the applicable rate tender number and carrier identification 
on all transportation documents, such as, section 13712 quotation, ``ABC 
Transportation Company, Tender Number * * *''.



Sec. 102-117.80  How are rate tenders filed?

    (a) The TSP must file a written rate tender with your agency.
    (b) You must send two copies of the rate tender to:

General Services Administration
Federal Supply Service, Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://www.fss.gsa.gov/transtrav



Sec. 102-117.85  What is the difference between a Government bill of lading (GBL) and a bill of lading?

    (a) A Government bill of lading (GBL), Optional Forms 1103 and 1203, 
is a controlled document that conveys specific terms and conditions to 
protect the Government interest and serves as the contract of carriage.
    (b) A bill of lading, sometimes referred to as a commercial bill of 
lading, is the document used as a receipt of goods and documentary 
evidence of title.
    (c) Use a bill of lading for Government shipments if the specific 
terms and conditions of a GBL are included in any contract or rate 
tender (see Sec. 102-117.65) and the bill of lading makes reference to 
that contract or rate tender (see Sec. 102-117.75 and the ``U.S. 
Government Freight Transportation Handbook'').

[[Page 176]]



Sec. 102-117.90  May I use U.S. Government bill of lading (GBL) (Optional Forms 1103 and 1203), to acquire freight, household goods or other related 
          transportation services?

    You may use the GBL, Optional Forms 1103 or 1203, to acquire 
transportation services offered under a contract or rate tender until 
March 31, 2002. The GBL will completely phase out for domestic shipments 
on March 31, 2002, and be replaced by commercial bills of lading. After 
March 31, 2002, you may use the GBL only for international shipments 
(including domestic offshore shipments).

[65 FR 60061, Oct. 6, 2001, as amended at 66 FR 48812, Sept. 24, 2001]



Sec. 102-117.95  After the GBLs retire for domestic shipments, what transportation documents must I use to acquire freight, household goods or other 
          transportation services?

    Bills of lading and purchase orders are the transportation documents 
you use to acquire freight, household goods and other transportation 
services after the GBLs retire for domestic shipments. Terms and 
conditions in Sec. 102-117.65 and the ``U.S. Government Freight 
Transportation Handbook'' will still be required. For further 
information on payment methods, see part 102-118 of this chapter.



    Subpart C--Business Rules To Consider Before Shipping Freight or 
                             Household Goods



Sec. 102-117.100  What business rules must I consider before acquiring transportation or related services?

    When acquiring transportation or related services you must:
    (a) Use the mode or individual transportation service provider (TSP) 
that provides the overall best value to the agency. For more 
information, see Secs. 102-117.105 through 102-117.130;
    (b) Demonstrate no preferential treatment to any TSP when arranging 
for transportation services except on international shipments. 
Preference on international shipments must be given to United States 
registered commercial vessels and aircraft;
    (c) Ensure that small businesses receive equal opportunity to 
compete for all business they can perform to the maximum extent 
possible, consistent with the agency's interest (see 48 CFR part 19);
    (d) Encourage minority-owned businesses and women-owned businesses, 
to compete for all business they can perform to the maximum extent 
possible, consistent with the agency's interest (see 48 CFR part 19);
    (e) Review the need for insurance. Generally, the Government is 
self-insured; however, there are instances when the Government will 
purchase insurance coverage for Government property. An example may be 
cargo insurance for international air cargo shipments to cover losses 
over those allowed under the International Air Transport Association 
(IATA) or for ocean freight shipments; and
    (f) Consider the added requirements on international transportation 
found in subpart D of this part.



Sec. 102-117.105  What does best value mean when routing a shipment?

    Best value to your agency when routing a shipment means using the 
mode or individual TSP providing the best combination of satisfactory 
service factors.



Sec. 102-117.110  What is satisfactory service?

    You should consider the following factors in assessing whether a TSP 
offers satisfactory service:
    (a) Availability and suitability of the TSP's equipment;
    (b) Adequacy of shipping and receiving facilities at origin and 
destination;
    (c) Adequacy of pickup and/or delivery service;
    (d) Availability of accessorial and special services;
    (e) Estimated time in transit;
    (f) Record of past performance of the TSP including accuracy of 
billing;
    (g) Capability of warehouse equipment and storage space; and
    (h) Experience of company, management, and personnel to perform the 
requirements.

[[Page 177]]



Sec. 102-117.115  How do I calculate total delivery costs?

    You calculate total delivery costs for a shipment by considering all 
costs related to the shipping or receiving process, such as packing, 
blocking, bracing, drayage, loading and unloading, and transporting.



Sec. 102-117.120  To what extent must I equally distribute orders for transportation and related services among TSPs?

    You must assure that small businesses, socially or economically 
disadvantaged and women-owned TSPs have equal opportunity to provide the 
transportation or related services.



Sec. 102-117.125  How detailed must I describe property for shipment when communicating to a TSP?

    You must describe property in enough detail for the TSP to determine 
the type of equipment or any special precautions necessary to move the 
shipment. Details might include weight, volume, measurements, routing, 
hazardous cargo, or special handling designations.



Sec. 102-117.130  Must I select TSPs who use alternative fuels?

    No, but, whenever possible, you are encouraged to select TSPs that 
use alternative fuel vehicles and equipment, under policy in the Clean 
Air Act Amendments of 1990 (42 U.S.C. 7612) or the Energy Policy Act of 
1992 (42 U.S.C. 13212).



  Subpart D--Restrictions That Affect International Transportation of 
                       Freight and Household Goods



Sec. 102-117.135  What are the international transportation restrictions?

    Several statutes mandate the use of U.S. flag carriers for 
international shipments (see 48 CFR part 47, subparts 47.4 and 47.5). 
For example:
    (a) Arrangements for international air transportation services must 
follow the Fly America Act (International Air Transportation Fair 
Competitive Practices Act of 1974) (49 U.S.C. 40118); and
    (b) International movement of property by water is subject to the 
cargo preference laws (see 46 CFR part 381 and 48 CFR part 47, subpart 
47.5), which require the use of a U.S. flag carrier when service is 
available. The Maritime Administration (MARAD) monitors agency 
compliance of these laws. All Government shippers must send a rated copy 
of the ocean carrier's bill of lading to MARAD within 30 days of loading 
aboard a vessel to:

Department of Transportation
Maritime Commission
Office of Cargo Preference
400 7th Street, SW.
Washington, DC 20590
http://www.marad.dot.gov/
Tel. 1-800-9US-FLAG
E-mail: cargo@marad.dot.gov

    Note to Sec. 102-117.135(b): Non-vessel Operations Common Carrier 
(NVOCC) or freight forwarder bills of lading are not acceptable (see 48 
CFR part 47).



Sec. 102-117.140  What is cargo preference?

    Cargo preference is the statutory requirement that all, or a portion 
of all, ocean-borne cargo that moves internationally be transported on 
U.S. flag vessels. Deviations or waivers from the cargo preference laws 
must be approved by:

Department of Transportation
Maritime Administration
Office of Cargo Preference
400 7th Street, SW.
Washington, DC 20590
http://www.marad.dot.gov/
Tel. 1-800-9US-FLAG
e-mail: cargo@marad.dot.gov

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]



Sec. 102-117.145  What are coastwise laws?

    Coastwise laws refer to laws governing shipment of freight, 
household goods and passengers by water between points in the United 
States or its territories. The purpose of these laws is to assure 
reliable shipping service and the existence of a maritime capability in 
times of war or national emergency (see section 27 of the Merchant 
Marine Act of 1920, 46 App. U.S.C. 883, 19 CFR 4.80).



Sec. 102-117.150  What do I need to know about coastwise laws?

    You need to know that:

[[Page 178]]

    (a) Goods transported entirely or partly by water between U.S. 
points, either directly or via a foreign port, must travel in U.S. 
Maritime Administration (MARAD) authorized U.S. Flag vessels;
    (b) There are exceptions and limits for the U.S. Island territories 
and possessions in the Atlantic and Pacific Oceans (see Sec. 102-
117.155); and
    (c) The Secretary of the Treasury is empowered to impose monetary 
penalties against agencies that violate the coastwise laws.



Sec. 102-117.155  Where do I go for further information about coastwise laws?

    You may refer to 46 App. U.S.C. 883, 19 CFR 4.80, DOT MARAD, the 
U.S. Coast Guard or U.S. Customs Service for further information on 
exceptions to the coastwise laws.



                       Subpart E--Shipping Freight



Sec. 102-117.160  What is freight?

    Freight is property or goods transported as cargo.



Sec. 102-117.165  What shipping process must I use for freight?

    Use the following shipping process for freight:
    (a) For domestic shipments you must:
    (1) Identify what you are shipping;
    (2) Decide if the cargo is HAZMAT, classified, or sensitive that may 
require special handling or placards;
    (3) Decide mode;
    (4) Check for applicable contracts or rate tenders within your 
agency or other agencies, including GSA;
    (5) Select the most efficient and economical TSP that gives the best 
value;
    (6) Prepare shipping documents; and
    (7) Schedule pickup, declare released value and ensure prompt 
delivery with a fully executed receipt, and oversee shipment.
    (b) For international shipments you must follow all the domestic 
procedures and, in addition, comply with the cargo preference laws. For 
specific information, see subpart D of this part.



Sec. 102-117.170  What reference materials are available to ship freight?

    (a) The following is a partial list of handbooks and guides 
available from GSA:
    (1) U.S. Government Freight Transportation Handbook;
    (2) Limited Authority to Use Commercial Forms and Procedures;
    (3) Submission of Transportation Documents; and
    (4) Things to be Aware of When Routing or Receiving Freight 
Shipments.
    (b) For the list in paragraph (a) of the section and other reference 
materials, contact:
    (1) General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW. Washington, DC 20405, http://
www.fss.gsa.gov/transtrav; or
    (2) General Services Administration, Federal Supply Service, 1500 
Bannister Road, Kansas City, MO 64131, http://www.kc.gsa.gov/fsstt.

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]



Sec. 102-117.175  What factors do I consider to determine the mode of transportation?

    Your shipping urgency and any special handling requirements 
determine which mode of transportation you select. Each mode has unique 
requirements for documentation, liability, size, weight and delivery 
time. HAZMAT, radioactive, and other specialized cargo may require 
special permits and may limit your choices.



Sec. 102-117.180  What transportation documents must I use to ship freight?

    To ship freight:
    (a) By land (domestic shipments), use a bill of lading;
    (b) By land (international shipments), use the GBL;
    (c) By ocean, use an ocean bill of lading, when suitable, along with 
the GBL; and
    (d) By air, use a bill of lading.



Sec. 102-117.185  Where must I send a copy of the transportation documents?

    (a) You must forward an original copy of all transportation 
documents to:


[[Page 179]]


General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405

    (b) For all property shipments subject to the cargo preference laws 
(see Sec. 102-117.140), a copy of the ocean carrier's bill of lading, 
showing all freight charges, must be sent to MARAD within 30 days of 
vessel loading.



Sec. 102-117.190  Where do I file a claim for loss or damage to property?

    You must file a claim for loss or damage to property with the TSP.



Sec. 102-117.195  Are there time limits affecting filing of a claim?

    Yes, several statutes limit the time for administrative or judicial 
action against a TSP. Refer to part 102-118 of this chapter for more 
information and the time limit tables.



             Subpart F--Shipping Hazardous Material (HAZMAT)



Sec. 102-117.200  What is HAZMAT?

    HAZMAT is a substance or material the Secretary of Transportation 
determines to be an unreasonable risk to health, safety and property 
when transported in commerce. Therefore, there are restrictions on 
transporting HAZMAT (49 U.S.C. 5103 et seq.).



Sec. 102-117.205  What are the restrictions for transporting HAZMAT?

    Agencies that ship HAZMAT are subject to the Environmental 
Protection Agency and the Department of Transportation regulations, as 
well as applicable State and local government rules and regulations.



Sec. 102-117.210  Where can I get guidance on transporting HAZMAT?

    The Secretary of Transportation prescribes regulations for the safe 
transportation of HAZMAT in intrastate, interstate, and foreign commerce 
in 49 CFR parts 171 through 180. The Environmental Protection Agency 
also prescribes regulations on transporting HAZMAT in 40 CFR parts 260 
through 266. You may also call the HAZMAT information hotline at 1-800-
467-4922 (Washington, DC area, call 202-366-4488).



                   Subpart G--Shipping Household Goods



Sec. 102-117.215  What are household goods (HHG)?

    Household goods (HHG) are the personal effects of Government 
employees and their dependents.



Sec. 102-117.220  What choices do I have to ship HHG?

    (a) You may choose to ship HHG by:
    (1) Using the commuted rate system;
    (2) GSA's Centralized Household Goods Traffic Management Program 
(CHAMP);
    (3) Contracting directly with a TSP, (including a relocation company 
that offers transportation services) using the acquisition procedures 
under the Federal Acquisition Regulation (FAR) (see Sec. 102-117.35);
    (4) Using another agency's contract with a TSP (see Sec. Sec. 102-
117.40 and 102-117.45);
    (5) Using a rate tender under the Federal transportation procurement 
statutes (49 U.S.C. 10721 or 13712) (see Sec. 102-117.35).
    (b) As an alternative to the choices in paragraph (a) of this 
section, you may request the Department of State to assist with 
shipments of HHG moving to, from, and between foreign countries or 
international shipments originating in the continental United States. 
The nearest U.S. Embassy or Consulate may assist with arrangements of 
movements originating abroad. For further information contact:

Department of State
Transportation Operations
2201 C Street, NW.
Washington, DC 20520

    Note to Sec. 102-117-220: Agencies must use the commuted rate system 
for civilian employees who transfer between points inside the 
continental United States unless it is evident from the cost comparison 
that the Government will incur a savings ($100 or more) using another 
choice listed. The use of

[[Page 180]]

household goods rate tenders is not authorized when household goods are 
shipped under the commuted rate system.

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]



Sec. 102-117.225  What is the difference between a contract or a rate tender and a commuted rate system?

    (a) Under a contract or a rate tender, the agency prepares the bill 
of lading and books the shipment. The agency is the shipper and pays the 
TSP the applicable charges. If loss or damage occurs, the agency may 
either file a claim on behalf of the employee directly with the TSP, or 
help the employee in filing a claim against the TSP.
    (b) Under the commuted rate system an employee arranges for shipping 
HHG and is reimbursed by the agency for the resulting costs. Use this 
method only within the continental United States (not Hawaii or Alaska). 
The agency reimburses the employee according to the Commuted Rate 
Schedule published by the GSA. The Commuted Rate Schedule (without rate 
table) is available on the Internet at http://www.policyworks.gov.
    (c) For rate table information or a subscription for the Commercial 
Relocation Tariff contact:

American Moving and Storage Association
1611 Duke Street
Alexandria, VA 22314-3482
Tel. 703-683-7410

    (d) For further information or assistance, you may contact:

General Services Administration
National Customer Service Center
1500 Bannister Road
Kansas City, MO 64131
http://www.kc.gsa.gov/fsstt



Sec. 102-117.230  Must I compare costs between a contract or a rate tender and the commuted rate system before choosing which method to use?

    Yes, you must compare the cost between a contract or a rate tender, 
and the commuted rate system before you make a decision.



Sec. 102-117.235  How do I get a cost comparison?

    (a) You may calculate a cost comparison internally according to 41 
CFR 302-8.3.
    (b) You may request GSA to perform the cost comparison if you 
participate in the CHAMP program by sending GSA the following 
information as far in advance as possible (preferably 30 calendar days):
    (1) Name of employee;
    (2) Origin city, county and State;
    (3) Destination city, county, and State;
    (4) Date of household goods pick up;
    (5) Estimated weight of shipments;
    (6) Number of days storage-in-transit (if applicable); and
    (7) Other relevant data.
    (c) For more information on cost comparisons contact:

General Services Administration
Federal Supply Service
1500 Bannister Road
Kansas City, MO 64131
http://www.kc.gsa.gov/fsstt

    Note to Sec. 102-117.235(c): GSA may charge an administrative fee 
for agencies not participating in the CHAMP program.



Sec. 102-117.240  What is my agency's financial responsibility to an employee who chooses to move all or part of his/her HHG under the commuted rate system?

    (a) Your agency is responsible for reimbursing the employee what it 
would cost the Government to ship the employee's HHG by the most cost-
effective means available or the employee's actual moving expenses, 
whichever is less.
    (b) The employee is liable for the additional cost when the cost of 
transportation arranged by the employee is more than what it would cost 
the Government.
    Note to Sec. 102-117.240: For more information on how to ship 
household goods, refer to 41 CFR 302-8.3.



Sec. 102-117.245  What is my responsibility in providing guidance to an employee who wishes to use the commuted rate system?

    You must counsel employees that they may be liable for all costs 
above the amount reimbursed by the agency if they select a TSP that 
charges more than provided under the Commuted Rate Schedule.

[[Page 181]]



Sec. 102-117.250  What are my responsibilities after shipping the household goods?

    (a) Each agency should develop an evaluation survey for the employee 
to complete following the move.
    (b) Under the CHAMP program, you must counsel employees to fill out 
their portion of the GSA Form 3080, Household Goods Carrier Evaluation 
Report. This form reports the quality of the TSP's performance. After 
completing the appropriate sections of this form, the employee must send 
it to the bill of lading issuing officer who in turn will complete the 
form and forward it to:

General Services Administration
National Customer Service Center
1500 Bannister Rd.
Kansas City, MO 64131
http://www.kc.gsa.gov/fsstt

[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]



Sec. 102-117.255  What actions may I take if the TSP's performance is not satisfactory?

    If the TSP's performance is not satisfactory, you may place a TSP in 
temporary nonuse, suspended status, or debarred status. For more 
information on doing this, see subpart I of this part and the FAR (48 
CFR 9.406-3 and 9.407-3).



Sec. 102-117.260  What are my responsibilities to employees regarding the TSP's liability for loss or damage claims?

    Regarding the TSP's liability for loss or damage claims, you must:
    (a) Advise employees on the limits of the TSP's liability for loss 
of and damage to their HHG so the employee may evaluate the need for 
added insurance;
    (b) Inform the employee about the procedures to file claims for loss 
and damage to HHG with the TSP; and
    (c) Counsel employees, who have a loss or damage to their HHG that 
exceeds the amount recovered from a TSP, on procedures for filing a 
claim against the Government for the difference. Agencies may compensate 
employees up to $40,000 on claims for loss and damage under 31 U.S.C. 
3721, 3723 (41 CFR 302-8.2(f)).



Sec. 102-117.265  Are there time limits that affect filing a claim with a TSP for loss or damage?

    Yes, several statutes limit the time for filing claims or taking 
other administrative or judicial action against a TSP. Refer to part 
102-118 of this chapter for information on claims.



                     Subpart H--Performance Measures



Sec. 102-117.270  What are agency performance measures for transportation?

    (a) Agency performance measures are indicators of how you are 
supporting your customers and doing your job. By tracking performance 
measures you can report specific accomplishments and your success in 
supporting the agency mission. The Government Performance and Results 
Act (GPRA) of 1993 (31 U.S.C. 1115) requires agencies to develop 
business plans and set up program performance measures.
    (b) Examples of performance measurements in transportation would 
include how well you:
    (1) Increase the use of electronic commerce;
    (2) Adopt industry best practices and services to meet your agency 
requirements;
    (3) Use TSPs with a track record of successful past performance or 
proven superior ability;
    (4) Take advantage of competition in moving agency freight and 
household goods;
    (5) Assure that delivery of freight and household goods is on time 
against measured criteria; and
    (6) Create simplified procedures to be responsive and adaptive to 
the customer needs and concerns.



      Subpart I--Transportation Service Provider (TSP) Performance



Sec. 102-117.275  What performance must I expect from a TSP?

    You must expect the TSP to provide consistent and satisfactory 
service to meet your agency transportation needs.

[[Page 182]]



Sec. 102-117.280  What aspects of the TSP's performance are important to measure?

    Important TSP performance measures may include, but are not limited 
to the:
    (a) TSP's percentage of on-time deliveries;
    (b) Percentage of shipments that include overcharges or 
undercharges;
    (c) Percentage of claims received in a given period;
    (d) Percentage of returns received on-time;
    (e) Percentage of shipments rejected;
    (f) Percentage of billing improprieties;
    (g) Average response time on tracing shipments;
    (h) TSP's safety record (accidents, losses, damages or misdirected 
shipments) as a percentage of all shipments;
    (i) TSP's driving record (accidents, traffic tickets and driving 
complaints) as a percentage of shipments; and
    (j) Percentage of customer satisfaction reports on carrier 
performance.



Sec. 102-117.285  What are my choices if a TSP's performance is not satisfactory?

    You may choose to place a TSP in temporary nonuse, suspension, or 
debarment if performance is unsatisfactory.



Sec. 102-117.290  What is the difference between temporary nonuse, suspension and debarment?

    (a) Temporary nonuse is limited to your agency and initiated by the 
agency transportation officers for a period not to exceed 90 days for:
    (1) Willful violations of the terms of the rate tender;
    (2) Persistent or willful failure to meet requested packing and 
pickup service;
    (3) Failure to meet required delivery dates;
    (4) Violation of Department of Transportation (DOT) hazardous 
material regulations;
    (5) Mishandling of freight, damaged or missing transportation seals, 
improper loading, blocking, packing or bracing of property;
    (6) Improper routing of property;
    (7) Subjecting your shipments to unlawful seizure or detention by 
failing to pay debts;
    (8) Operating without legal authority;
    (9) Failure to settle claims according to Government regulations; or
    (10) Repeated failure to comply with regulations of DOT, Surface 
Transportation Board, State or local governments or other Government 
agencies.
    (b) Suspension is disqualifying a TSP from receiving orders for 
certain services under a contract or rate tender pending an 
investigation or legal proceeding. A TSP may be suspended on adequate 
evidence of:
    (1) Fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a contract for transportation;
    (2) Violation of Federal or State antitrust statutes;
    (3) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; and
    (4) Any other offense indicating a lack of business integrity or 
business honesty that seriously and directly affects the present 
responsibility of the TSP as a transporter of the Government's property 
or the HHG of its employees relocated for the Government.
    (c) Debarment means action taken to exclude a contractor from 
contracting with all Federal agencies. The seriousness of the TSP's acts 
or omissions and the mitigating factors must be considered in making any 
debarment decisions. A TSP may be debarred for the following reasons:
    (1) Failure of a TSP to take the necessary corrective actions within 
the period of temporary nonuse; or
    (2) Conviction of or civil judgment for any of the causes for 
suspension.



Sec. 102-117.295  Who makes the decisions on temporary nonuse, suspension and debarment?

    (a) The transportation officer may place a TSP in temporary nonuse 
for a period not to exceed 90 days.
    (b) The serious nature of suspension and debarment requires that 
these sanctions be imposed only in the public

[[Page 183]]

interest for the Government's protection and not for purposes of 
punishment. Only the agency head or his/her designee may suspend or 
debar a TSP.



Sec. 102-117.300  Do the decisions on temporary nonuse, suspension and debarment go beyond the agency?

    (a) Temporary nonuse does not go beyond the agency.
    (b) GSA compiles and maintains a current list of all suspended or 
debarred TSPs and periodically distributes the list to all agencies and 
the General Accounting Office.



Sec. 102-117.305  Where do I go for information on the process for suspending or debarring a TSP?

    Refer to the Federal Acquisition Regulation (48 CFR part 9, subpart 
9.4) for policies and procedures governing suspension and debarment of a 
TSP.



Sec. 102-117.310  What records must I keep on temporary nonuse, suspension or debarment of a TSP?

    (a) You must set up a program consistent with your agency's internal 
record retention procedures to document the placement of TSPs in a 
nonuse, suspended or debarred status.
    (b) For temporary nonuse, your records must contain the following 
information:
    (1) Name, address, and Standard Carrier Alpha Code and Taxpayer 
Identification Number of each TSP placed in temporary nonuse status;
    (2) The duration of the temporary nonuse status;
    (3) The cause for imposing temporary nonuse, and the facts showing 
the existence of such a cause;
    (4) Information and arguments in opposition to the temporary nonuse 
period sent by the TSP or its representative; and
    (5) The reviewing official's determination about keeping or removing 
temporary nonuse status.
    (c) For suspended or debarred TSPs, your records must include the 
same information as paragraph (b) of this section and you must:
    (1) Assure your agency does not award contracts to a suspended or 
debarred TSP; and
    (2) Notify GSA (see Sec. 102-117.315).



Sec. 102-117.315  Who must I notify on suspension or debarment of a TSP?

    Agencies must report monthly any suspension or debarment actions to:

General Services Administration
Office of Acquisition Policy (MV)
1800 F Street, NW.
Washington, DC 20405
http://www.epls.arnet.gov;



      Subpart J--Representation Before Regulatory Body Proceedings



Sec. 102-117.320  What is a transportation regulatory body proceeding?

    A transportation regulatory body proceeding is a hearing before a 
transportation governing entity, such as a State public utility 
commission, the Surface Transportation Board, or the Federal Maritime 
Commission. The proceeding may be at the Federal or State level 
depending on the activity regulated.



Sec. 102-117.325  May my agency appear on its own behalf before a transportation regulatory body proceeding?

    Generally, no executive agency may appear on its own behalf in any 
proceeding before a transportation regulatory body, unless the 
Administrator of General Services delegates the authority to the agency. 
The statutory authority for the Administrator of General Services to 
participate in regulatory proceedings on behalf of all Federal agencies 
is in section 201(a)(4) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 481(a)(4)).



Sec. 102-117.330  When, or under what circumstances, would GSA delegate authority to an agency to appear on its own behalf before a transportation regulatory 
          body proceeding?

    GSA will delegate authority when it does not have the expertise, or 
when it is outside of GSA's purview, to make a determination on an issue 
such as a protest of rates, routings or excessive charges.



Sec. 102-117.335  How does my agency ask for a delegation to represent itself in a regulatory body proceeding?

    You must send your request for delegation with enough detail to 
explain

[[Page 184]]

the circumstances surrounding the need for delegation of authority for 
representation to:

General Services Administration
Office of Transportation and Personal Property (MT)
1800 F Street, NW.
Washington, DC 20405



Sec. 102-117.340  What other types of assistance may GSA provide agencies in dealing with regulatory bodies?

    (a) GSA has oversight of all public utilities used by the Federal 
Government including transportation. There are specific regulatory 
requirements a TSP must meet at the State level, such as the requirement 
to obtain a certificate of public convenience and necessity.
    (b) GSA has a list of TSPs, which meet certain criteria regarding 
insurance and safety, approved by DOT. You must furnish GSA with an 
affidavit to determine if the TSP meets the basic qualification to 
protect the Government's interest. As an oversight mandate, GSA 
coordinates this function. For further information contact:

General Services Administration
Federal Supply Service
Office of Transportation and Property Management
Travel and Transportation Management Division (FBL)
Crystal Mall Bldg. 4, Room 814
Washington, DC 20406



                           Subpart K--Reports



Sec. 102-117.345  Is there a requirement for me to report to GSA on my transportation activities?

    (a) Currently, there is no requirement for reporting to GSA on your 
transportation activities. However, GSA will work with your agency and 
other agencies to develop reporting requirements and procedures. In 
particular, GSA will develop a Governmentwide transportation reporting 
system by October 1, 2002.
    (b) Preliminary reporting requirements may include an electronic 
formatted report on the quantity shipped, locations (from and to) and 
cost of transportation. The following categories are examples:
    (1) Dollar amount spent for transportation;
    (2) Volume of weight shipped;
    (3) Commodities shipped;
    (4) HAZMAT shipped;
    (5) Mode used for shipment;
    (6) Location of items shipped (international or domestic); and
    (7) Domestic subdivided by East and West (Interstate 85).



Sec. 102-117.350  How will GSA use reports I submit?

    (a) Reporting on transportation and transportation related services 
will provide GSA with:
    (1) The ability to assess the magnitude and key characteristics of 
transportation within the Government (e.g., how much agencies spend; 
what type of commodity is shipped; etc.);
    (2) Data to analyze and recommend changes to policies, standards, 
practices, and procedures to improve Government transportation; and
    (3) A better understanding of how your activity relates to other 
agencies and your influence on the Governmentwide picture of 
transportation services.
    (b) In addition, this information will assist you in showing your 
management the magnitude of your agency's transportation program and the 
effectiveness of your efforts to control cost and improve service.



     Subpart L--Governmentwide Transportation Policy Council (GTPC)



Sec. 102-117.355  What is the Governmentwide Transportation Policy Council (GTPC)?

    The Office of Governmentwide Policy sponsors a Governmentwide 
Transportation Policy Council (GTPC) to help agencies establish, 
improve, and maintain effective transportation management policies, 
practices and procedures. The council:
    (a) Collaborates with private and public stakeholders to develop 
valid performance measures and promote solutions that lead to effective 
results; and
    (b) Provides assistance in developing the Governmentwide 
transportation reporting system (see Sec. 102-117.345).

[[Page 185]]



Sec. 102-117.360  Where can I get more information about the GTPC?

    For more information about the GTPC, contact:

General Services Administration
Office of Transportation and Personal Property (MT)
1800 F Street, NW.
Washington, DC 20405
http://www.policyworks.gov/transportation



PART 102-118--TRANSPORTATION PAYMENT AND AUDIT--Table of Contents






                           Subpart A--General

                              Introduction

Sec.
102-118.5  What is the purpose of this part?
102-118.10  What is a transportation audit?
102-118.15  What is a transportation payment?
102-118.20  Who is subject to this part?
102-118.25  Does GSA still require my agency to submit its overall 
          transportation policies for approval?
102-118.30  Are Government corporations bound by this part?

                               Definitions

102-118.35  What definitions apply to this part?

  Subpart B--Ordering and Paying for Transportation and Transportation 
                                Services

102-118.40  How does my agency order transportation and transportation 
          services?
102-118.45  How does a transportation service provider (TSP) bill my 
          agency for transportation and transportation services?
102-118.50  How does my agency pay for transportation services?
102-118.55  What administrative procedures must my agency establish for 
          payment of freight, household goods, or other transportation 
          services?
102-118.60  To what extent must my agency use electronic commerce?
102-118.65  Can my agency receive electronic billing for payment of 
          transportation services?
102-118.70  Must my agency make all payments via electronic funds 
          transfer?
102-118.75  What if my agency or the TSP does not have an account with a 
          financial institution or approved payment agent?
102-118.80  Who is responsible for keeping my agency's electronic 
          commerce transportation billing records?
102-118.85  Can my agency use a Government contractor issued charge card 
          to pay for transportation services?
102-118.90  If my agency orders transportation and/or transportation 
          services with a Government contractor issued charge card or 
          charge account citation, is this subject to prepayment audit?
102-118.95  What forms can my agency use to pay transportation bills?
102-118.100  What must my agency ensure is on each SF 1113?
102-118.105  Where can I find the rules governing the use of a 
          Government Bill of Lading?
102-118.110  Where can I find the rules governing the use of a 
          Government Transportation Request?
102-118.115  Must my agency use a GBL?
102-118.120  Must my agency use a GTR?
102-118.125  What if my agency uses a TD other than a GBL?
102-118.130  Must my agency use a GBL for express, courier, or small 
          package shipments?
102-118.135  Where are the mandatory terms and conditions governing the 
          use of bills of lading?
102-118.140  What are the major mandatory terms and conditions governing 
          the use of GBLs and bills of lading?
102-118.145  Where are the mandatory terms and conditions governing the 
          use of passenger transportation documents?
102-118.150  What are the major mandatory terms and conditions governing 
          the use of passenger transportation documents?
102-118.155  How does my agency handle supplemental billings from the 
          TSP after payment of the original bill?
102-118.160  Who is liable if my agency makes an overpayment on a 
          transportation bill?
102-118.165  What must my agency do if it finds an error on a TSP bill?
102-118.170  Will GSA continue to maintain a centralized numbering 
          system for Government transportation documents?

             Subpart C--Use of Government Billing Documents

 Terms and Conditions Governing Acceptance and Use of a Government Bill 
 of Lading (GBL) or Government Transportation Request (GTR) (Until Form 
                               Retirement)

102-118.175  Must my agency prepare for the GBL retirement?
102-118.180  Must my agency prepare for the GTR retirement?
102-118.185  When buying freight transportation, must my agency 
          reference the applicable contract or tender on the bill of 
          lading (including GBLs)?

[[Page 186]]

102-118.190  When buying passenger transportation, must my agency 
          reference the applicable contract?
102-118.195  What documents must a transportation service provider (TSP) 
          send to receive payment for a transportation billing?
102-118.200  Can a TSP demand advance payment for the transportation 
          charges submitted on a bill of lading (including GBL)?
102-118.205  May my agency pay an agent functioning as a warehouseman 
          for the TSP providing service under the bill of lading?
102-118.210  May my agency use bills of lading other than the GBL for a 
          transportation shipment?
102-118.215  May my agency pay a TSP any extra fees to pay for the 
          preparation and use of the GBL or GTR?
102-118.220  If a transportation debt is owed to my agency by a TSP 
          because of loss or damage to property, does my agency report 
          it to GSA?
102-118.225  What constitutes final receipt of shipment?
102-118.230  What if my agency creates or eliminates a field office 
          approved to prepare transportation documents?

Agency Responsibilities When Using Government Bills of Lading (GBLs) or 
                Government Transportation Requests (GTRs)

102-118.235  Must my agency keep physical control and accountability of 
          the GBL and GTR forms or GBL and GTR numbers?
102-118.240  How does my agency get GBL and GTR forms?
102-118.245  How does my agency get an assigned set of GBL or GTR 
          numbers?
102-118.250  Who is accountable for the issuance and use of GBL and GTR 
          forms?
102-118.255  Are GBL and GTR forms numbered and used sequentially?

                    Quotations, Tenders or Contracts

102-118.260  Must my agency send all quotations, tenders, or contracts 
          with a TSP to GSA?

         Subpart D--Prepayment Audits of Transportation Services

                Agency Requirements for Prepayment Audits

102-118.265  What is a prepayment audit?
102-118.270  Must my agency establish a prepayment audit program?
102-118.275  What must my agency consider when designing and 
          implementing a prepayment audit program?
102-118.280  What advantages does the prepayment audit offer my agency?
102-118.285  What options for performing a prepayment audit does my 
          agency have?
102-118.290  Must every electronic and paper transportation bill undergo 
          a prepayment audit?
102-118.295  What are the limited exceptions to every bill undergoing a 
          prepayment audit?
102-118.300  How does my agency fund its prepayment audit program?
102-118.305  Must my agency notify the TSP of any adjustment to the 
          TSP's bill?
102-118.310  Must my agency prepayment audit program establish appeal 
          procedures whereby a TSP may appeal any reduction in the 
          amount billed?
102-118.315  What must my agency do if the TSP disputes the findings and 
          my agency cannot resolve the dispute?
102-118.320  What information must be on transportation bills which have 
          completed my agency's prepayment audit?

                     Maintaining an Approved Program

102-118.325  Must I get approval for my agency's prepayment audit 
          program?
102-118.330  What are the elements of an acceptable prepayment audit 
          program?
102-118.335  What does the GSA Audit Division consider when verifying an 
          agency prepayment audit program?
102-118.340  How does my agency contact the GSA Audit Division?
102-118.345  If my agency chooses to change an approved prepayment audit 
          program, does the program need to be re-approved?

            Liability for Certifying and Disbursing Officers

102-118.350  Does establishing a prepayment audit system or program 
          change the responsibilities of the certifying officers?
102-118.355  Does a prepayment audit waiver, change any liabilities of 
          the certifying officer?
102-118.360  What relief from liability is available for the certifying 
          official under a postpayment audit?
102-118.365  Do the requirements of a prepayment audit change the 
          disbursing official's liability for overpayment?
102-118.370  Where does relief from prepayment audit liability for 
          certifying, accountable, and disbursing officers reside in my 
          agency?

                 Waivers From Mandatory Prepayment Audit

102-118.375  Who has the authority to grant a waiver of the prepayment 
          audit requirement?
102-118.380  How does my agency apply for a waiver from the prepayment 
          audit requirement?
102-118.385  What must a waiver request include?

[[Page 187]]

102-118.390  On what basis does GSA grant a waiver to the prepayment 
          audit requirement?
102-118.395  How long will GSA take to respond to a waiver request?
102-118.400  Must my agency renew a waiver of the prepayment audit 
          requirements?
102-118.405  Are my agency's prepayment audited transportation bills 
          subject to periodic postpayment audit oversight from the GSA 
          Audit Division?

             Suspension of Agency Prepayment Audit Programs

102-118.410  Can GSA suspend my agency's prepayment audit program?

              Subpart E--Postpayment Transportation Audits

102-118.415  Will the widespread mandatory use of prepayment audits 
          eliminate postpayment audits?
102-118.420  Can the Administrator of General Services waive the 
          postpayment auditing provisions of this subpart?
102-118.425  Is my agency allowed to perform a postpayment audit on our 
          transportation bills?
102-118.430  What information must be on my agency's transportation 
          bills submitted for a postpayment audit?
102-118.435  What procedures does GSA use to perform a postpayment 
          audit?
102-118.440  What are the postpayment audit responsibilities and roles 
          of the GSA Audit Division?
102-118.445  Must my agency pay for a postpayment audit when using the 
          GSA Audit Division?

                 Subpart F--Claims and Appeal Procedures

                General Agency Information for All Claims

102-118.450  Can a TSP file a transportation claim against my agency?
102-118.445  What is the time limit for a TSP to file a transportation 
          claim against my agency?
102-118.460  What is the time limit for my agency to file a court claim 
          with a TSP for freight charges, reparations, and loss or 
          damage to the property?
102-118.465  Must my agency pay interest on a disputed amount claimed by 
          a TSP?
102-118.470  Are there statutory time limits for a TSP on filing an 
          administrative claim with the GSA Audit Division?
102-118.475  Does interest apply after certification of payment of 
          claims?
102-118.480  How does my agency settle disputes with a TSP?
102-118.485  Is there a time limit for my agency to issue a decision on 
          disputed claims?
102-118.490  What if my agency fails to settle a dispute within 30 days?
102-118.495  May my agency appeal a decision by the General Services 
          Board of Contract Appeals (GSBCA)?
102-118.500  How does my agency handle a voluntary refund submitted by a 
          TSP?
102-118.505  Must my agency send a voluntary refund to the Treasurer of 
          the United States?
102-118.510  Can my agency revise or alter a GSA Form 7931, Certificate 
          of Settlement?
102-118.515  Does my agency have any recourse not to pay a Certificate 
          of Settlement?
102-118.520  Who is responsible for determining the standards for 
          collection, compromise, termination, or suspension of 
          collection action on any outstanding debts to my agency?
102-118.525  What are my agency's responsibilities for verifying the 
          correct amount of transportation charges?
102-118.530  Will GSA instruct my agency's disbursing offices to offset 
          unpaid TSP billings?
102-118.535  Are there principles governing my agency's TSP debt 
          collection procedures?
102-118.540  Who has the authority to audit, settle accounts, and/or 
          start collection action for all transportation services 
          provided for my agency?

        Transportation Service Provider (TSP) Filing Requirements

102-118.545  What information must a TSP claim include?
102-118.550  How does a TSP file an administrative claim using EDI or 
          other electronic means?
102-118.555  Can a TSP file a supplemental administrative claim?
102-118.560  What is the required format that a TSP must use to file an 
          administrative claim?
102-118.565  What documentation is required when filing an 
          administrative claim?

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                            Prepayment Audits

102-118.570  If my agency denies the TSP's challenge to the Statement of 
          Difference, may the TSP appeal?
102-118.575  If a TSP disagrees with the decision of my agency, can the 
          TSP appeal?
102-118.580  May a TSP appeal a prepayment audit decision of the GSA 
          Audit Division?
102-118.585  May a TSP appeal a prepayment audit decision of the GSBCA?
102-118 .590  May my agency appeal a prepayment audit decision of the 
          GSA Audit Division?

[[Page 188]]

102-118.595  May my agency appeal a prepayment audit decision by the 
          GSBCA?

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                           Postpayment Audits

102-118.600  When a TSP disagrees with a Notice of Overcharge resulting 
          from a postpayment audit, what are the appeal procedures?
102-118.605  What if a TSP disagrees with the Notice of Indebtedness?
102-118.610  Is a TSP notified when GSA allows a claim?
102-118.615  Will GSA notify a TSP if they internally offset a payment?
102-118.620  How will a TSP know if the GSA Audit Division disallows a 
          claim?
102-118.625  Can a TSP request a reconsideration of a settlement action 
          by the GSA Audit Division?
102-118.630  How must a TSP refund amounts due to GSA?
102-118.635  Can the Government charge interest on an amount due from a 
          TSP?
102-118.640  If a TSP fails to pay or to appeal an overcharge, what 
          actions will GSA pursue to collect the debt?
102-118.645  Can a TSP file an administrative claim on collection 
          actions?
102-118.650  Can a TSP request a review of a settlement action by the 
          Administrator of General Services?
102-118.655  Are there time limits on a TSP request for an 
          administrative review by the GSBCA?
102-118.660  May a TSP appeal a postpayment audit decision of the GSBCA?
102-118.665  May my agency appeal a postpayment audit decision by the 
          GSBCA?

      Transportation Service Provider (TSP) Non-Payment of a Claim

102-118.670  If a TSP cannot immediately pay a debt, can they make other 
          arrangements for payment?
102-118.675  What recourse does my agency have if a TSP does not pay a 
          transportation debt?

    Authority: 31 U.S.C. 3726; and 40 U.S.C. 481, et seq.

    Source: 65 FR 24569, Apr. 26, 2000, unless otherwise noted.



                           Subpart A--General

                              Introduction



Sec. 102-118.5  What is the purpose of this part?

    The purpose of this part is to interpret statutes and other policies 
that assure that payment and payment mechanisms for agency 
transportation services are uniform and appropriate. This part 
communicates the policies clearly to agencies and transportation service 
providers (TSPs). (See Sec. 102-118.35 for the definition of TSP.)



Sec. 102-118.10  What is a transportation audit?

    A transportation audit is a thorough review and validation of 
transportation related 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.



Sec. 102-118.15  What is a transportation payment?

    A transportation payment is a payment made by an agency to a TSP for 
the movement of goods or people and/or transportation related services.



Sec. 102-118.20  Who is subject to this part?

    All agencies and TSPs defined in Sec. 102-118.35 are subject to this 
part. Your agency is required to incorporate this part into its internal 
regulations.



Sec. 102-118.25  Does GSA still require my agency to submit its overall transportation policies for approval?

    GSA no longer requires your agency to submit its overall 
transportation policies for approval. However, as noted in Sec. 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.



Sec. 102-118.30  Are Government corporations bound by this part?

    No, Government corporations are not bound by this part. However, 
they may choose to use it if they wish.

[[Page 189]]

                               Definitions



Sec. 102-118.35  What definitions apply to this part?

    The following definitions apply to this part:
    Agency means Executive agency, but does not include:
    (1) A Government Controlled Corporation;
    (2) The Tennessee Valley Authority;
    (3) The Virgin Islands Corporation;
    (4) The Atomic Energy Commission;
    (5) The Central Intelligence Agency;
    (6) The Panama Canal Commission; and
    (7) The National Security Agency, Department of Defense.
    Note to the definition of Agency: 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).
    Agency claim means any demand by an agency upon a TSP for the 
payment of overcharges, ordinary debts, fines, penalties, administrative 
fees, special charges, and interest.
    Bill of lading, 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.
    Document reference number 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.
    EDI signature means a discrete authentication code which serves in 
place of a paper signature and binds parties to the terms and conditions 
of a contract in electronic communication.
    Electronic commerce means electronic techniques for performing 
business transactions (ordering, billing, and paying for goods and 
services), including electronic mail or messaging, Internet technology, 
electronic bulletin boards, charge cards, electronic funds transfers, 
and electronic data interchange.
    Electronic data interchange means electronic techniques for carrying 
out transportation transactions using electronic transmissions of the 
information between computers instead of paper documents. These 
electronic transmissions must use established and published formats and 
codes as authorized by the applicable Federal Information Processing 
Standards.
    Electronic funds transfer means any transfer of funds, other than 
transactions initiated by cash, check, or similar paper instrument, that 
is initiated through an electronic terminal, telephone, computer, or 
magnetic tape, for the purpose of ordering, instructing, or authorizing 
a financial institution to debit or credit an account. The term includes 
Automated Clearinghouse transfers, Fed Wire transfers, and transfers 
made at automatic teller machines and point of sale terminals.
    Government Bill of Lading (GBL) 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.
    Government contractor-issued charge card 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.
    Government Transportation Request (GTR) means Optional Form 1169, 
the Government document used to buy transportation services. The 
document normally obligates the Government to pay for the transportation 
services provided.
    Offset 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.
    Ordinary debt means an amount that a TSP owes an agency other than 
for the repayment of an overcharge. Ordinary debts include, but are not 
limited to, payments for transportation services ordered and not 
provided (including unused transportation tickets), duplicate payments, 
and amounts for which a TSP is liable because of loss and/or damage to 
property it transported.
    Overcharge means those charges for transportation and travel 
services that exceed those applicable under the contract for carriage. 
This also includes charges more than those applicable

[[Page 190]]

under rates, fares and charges established pursuant to section 13712 and 
10721 of the Revised Interstate Commerce Act, as amended (49 U.S.C. 
13712 and 10721), or other equivalent contract, arrangement or exemption 
from regulation.
    Postpayment audit 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.
    Prepayment audit means an audit of transportation billing documents 
before payment to determine their validity, propriety, and conformity 
with tariffs, quotations, agreements, or tenders.
    Privately Owned Personal Property Government Bill of Lading, 
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.
    Rate authority means the document that establishes the legal charges 
for a transportation shipment. Charges included in a rate authority are 
those rates, fares, and charges for transportation and related services 
contained in tariffs, tenders, and other equivalent documents.
    Released value 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.
    Reparation 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.
    Standard carrier alpha code (SCAC) means an unique four-letter code 
assigned to each TSP by the National Motor Freight Traffic Association, 
Inc.
    Statement of difference means a statement issued by an agency or its 
designated audit contractor during a prepayment audit when they 
determine that a TSP has billed the agency for more than the proper 
amount for the services. This statement tells the TSP on the invoice, 
the amount allowed and the basis for the proper charges. The statement 
also cites the applicable rate references and other data relied on for 
support. The agency issues a separate statement of difference for each 
transportation transaction.
    Statement of difference rebuttal means a document used by the agency 
to respond to a TSP's claim about an improper reduction made against the 
TSP's original bill by the paying agency.
    Supplemental bill 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.
    Taxpayer identification number (TIN) means the number required by 
the Internal Revenue Service to be used by the TSP in reporting income 
tax or other returns. For a TSP, the TIN is an employer identification 
number.
    Transportation document (TD) 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.
    Transportation service means service involved in the physical 
movement

[[Page 191]]

(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.
    Transportation service provider (TSP) 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.
    Transportation service provider claim 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.
    Virtual GBL (VGBL) means the use of a unique GBL number on a 
commercial document, which binds the TSP to the terms and conditions of 
a GBL.

    Note to Sec. 102-118.35: 49 U.S.C. 13102, et seq., defines 
additional transportation terms not listed in this section.



  Subpart B--Ordering and Paying for Transportation and Transportation 
                                Services



Sec. 102-118.40  How does my agency order transportation and transportation services?

    Your agency orders:
    (a) Transportation of freight and household goods and related 
transportation services (e.g., packing, storage) with a charge card, 
bill of lading, purchase order (or electronic equivalent), or for 
domestic shipments until March 31, 2002, a Government Bill of Lading 
(GBL). GBLs will continue to be available after that date, if needed, 
for international shipments (including domestic overseas shipments).
    (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:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001]



Sec. 102-118.45  How does a transportation service provider (TSP) bill my agency for transportation and transportation services?

    The manner in which your agency orders transportation and 
transportation services determines the manner in which a TSP bills for 
service. This is shown in the following table:

                 Transportation Service Provider Billing
------------------------------------------------------------------------
          (a) Ordering method                   (b) Billing method
------------------------------------------------------------------------
(1)(i) Government issued agency charge   (1) Bill from charge card
 card,.                                   company (may be electronic).
(ii) Centrally billed travel account
 citation.
------------------------------------------------------------------------
(2)(i) Purchase order,.................  (2) Bill from TSP (may be
                                          electronic).
(ii) Bill of lading,
(iii) Government Bill of Lading,

[[Page 192]]

 
(iv) Government Transportation Request.
------------------------------------------------------------------------
(3)(i) Contractor issued individual      (3) Voucher from employee (may
 travel charge card.                      be electronic).
(ii) Personal charge card,
(iii) Personal cash.
------------------------------------------------------------------------



Sec. 102-118.50  How does my agency pay for transportation services?

    Your agency may pay for transportation services in three ways:
    (a) Electronic funds transfer (EFT) (31 U.S.C. 3332, et seq.). Your 
agency is required by statute to make all payments by EFT unless your 
agency receives a waiver from the Department of the Treasury.
    (b) Check. For those situations where EFT is not possible and the 
Department of the Treasury has issued a waiver, your agency may make 
payments by check.
    (c) Cash. In very unusual circumstances and as a last option, your 
agency payments may be made in cash in accordance with Department of the 
Treasury regulations (31 CFR part 208).



Sec. 102-118.55  What administrative procedures must my agency establish for payment of freight, household goods, or other transportation services?

    Your agency must establish administrative procedures which assure 
that the following conditions are met:
    (a) The negotiated price is fair and reasonable;
    (b) A document of agreement signifying acceptance of the 
arrangements with terms and conditions is filed with the participating 
agency by the TSP;
    (c) The terms and conditions are included in all transportation 
agreements and referenced on all transportation documents (TDs);
    (d) Bills are only paid to the TSP providing service under the bill 
of lading to your agency and may not be waived;
    (e) All fees paid are accounted for in the aggregate delivery costs;
    (f) All payments are subject to applicable statutory limitations;
    (g) Procedures (such as an unique numbering system) are established 
to prevent and detect duplicate payments, properly account for 
expenditures and discrepancy notices;
    (h) All transactions are verified with any indebtedness list. On 
charge card transactions, your agency must consult any indebtedness list 
if the charge card contract provisions allow for it; and
    (i) Procedures are established to process any unused tickets.



Sec. 102-118.60  To what extent must my agency use electronic commerce?

    Your agency should use electronic commerce (i.e., electronic methods 
for ordering, receiving bills, and paying for transportation and 
transportation services) to the maximum extent possible.



Sec. 102-118.65  Can my agency receive electronic billing for payment of transportation services?

    Yes, when mutually agreeable to the agency and the GSA Audit 
Division, your agency is encouraged to use electronic billing for the 
procurement and billing of transportation services.



Sec. 102-118.70  Must my agency make all payments via electronic funds transfer?

    Yes, under 31 U.S.C. 3332, et seq., your agency must make all 
payments for goods and services via EFT (this includes goods and 
services ordered using charge cards).

[[Page 193]]



Sec. 102-118.75  What if my agency or the TSP does not have an account with a financial institution or approved payment agent?

    Under 31 U.S.C. 3332, et seq., your agency must obtain an account 
with a financial institution or approved payment agent in order to meet 
the statutory requirements to make all Federal payments via EFT unless 
your agency receives a waiver from the Department of the Treasury. To 
obtain a waiver, your agency must contact:

The Commissioner
Financial Management Service
Department of the Treasury
401 Fourteenth Street, SW.
Washington, DC 20227
http://www.fms.treas.gov/



Sec. 102-118.80  Who is responsible for keeping my agency's electronic commerce transportation billing records?

    Your agency's internal financial regulations will identify 
responsibility for recordkeeping. In addition, the GSA 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:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.85  Can my agency use a Government contractor issued charge card to pay for transportation services?

    Yes, your agency may use a Government contractor issued charge card 
to purchase transportation services if permitted under the charge card 
contract or task order. In these circumstances your agency will receive 
a bill for these services from the charge card company.



Sec. 102-118.90  If my agency orders transportation and/or transportation services with a Government contractor issued charge card or charge account citation, 
          is this subject to prepayment audit?

    Generally, no transportation or transportation services ordered with 
a Government contractor issued charge card or charge account citation 
can be prepayment audited because the bank or charge card contractor 
pays the TSP directly, before your agency receives a bill that can be 
audited from the charge card company. However, if your agency contracts 
with the charge card or charge account provider to provide for a 
prepayment audit, then, as long as your agency is not liable for paying 
the bank for improper charges (as determined by the prepayment audit 
verification process), a prepayment audit can be used. As with all 
prepayment audit programs, the charge card prepayment audit must be 
approved by the GSA 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.



Sec. 102-118.95  What forms can my agency use to pay transportation bills?

    Your agency must use commercial payment practices and forms to the 
maximum extent possible; however, when viewed necessary by your agency, 
your agency may use the following Government forms to pay transportation 
bills:
    (a) Standard Form (SF) 1113, Public Voucher for Transportation 
Charges, and SF 1113-A, Memorandum Copy;
    (b) 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);
    (c) OF 1169, Government Transportation Request (used to pay for 
tickets to move people); and
    (d) OF 1203, Privately Owned Personal Property Government Bill of 
Lading, and OF 1203A, Memorandum Copy (used by the Department of Defense 
to move private property for official transfers).

    Note to Sec. 102-118.95: By March 31, 2002, 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).

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001]

[[Page 194]]



Sec. 102-118.100  What must my agency ensure is on each SF 1113?

    Your agency must ensure during its prepayment audit of a TSP bill 
that 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.



Sec. 102-118.105  Where can I find the rules governing the use of a Government Bill of Lading?

    The ``U.S. Government Freight Transportation--Handbook'' contains 
information on how to prepare this GBL form. To get a copy of this 
handbook, you may write to:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.110  Where can I find the rules governing the use of a Government Transportation Request?

    The ``U.S. Government Passenger Transportation--Handbook'' contains 
information on how to prepare this GTR form. To get a copy of this 
handbook, you may write to:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.115  Must my agency use a GBL?

    No, your agency is not required to use a GBL and must use commercial 
payment practices to the maximum extent possible. Effective March 31, 
2002, your agency must phase out the use of the Optional Forms 1103 and 
1203 for domestic shipments. After this date, your agency may use the 
GBL solely for international shipments.

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001]



Sec. 102-118.120  Must my agency use a GTR?

    No, your agency is not required to use a GTR. Your agency must adopt 
commercial practices and eliminate GTR use to the maximum extent 
possible.



Sec. 102-118.125  What if my agency uses a TD other than a GBL?

    If your agency uses any other TD for shipping under its account, the 
requisite and the named safeguards must be in place (i.e., terms and 
conditions found herein and in the ``U.S. Government Freight 
Transportation--Handbook,'' appropriate numbering, etc.).



Sec. 102-118.130  Must my agency use a GBL for express, courier, or small package shipments?

    No, however, in using commercial forms all shipments must be subject 
to the terms and conditions set forth for 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.



102-118.135  Where are the mandatory terms and conditions governing the use of bills of lading?

    The mandatory terms and conditions governing the use of bills of 
lading are contained in this part and the ``U.S. Government Freight 
Transportation Handbook.''



102-118.140  What are the major mandatory terms and conditions governing the use of GBLs and bills of lading?

    The mandatory terms and conditions governing the use of GBLs and 
bills of lading are:
    (a) Unless otherwise permitted by statute, 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;
    (b) The shipment must be made at the restricted or limited valuation 
specified in the tariff or classification

[[Page 195]]

or limited contract, arrangement or exemption at or under which the 
lowest rate is available, unless indicated on the GBL or bill of lading. 
(This is commonly referred to as an alternation of rates);
    (c) Receipt for the shipment is subject to the consignee's 
annotation of loss, damage, or shrinkage on the delivering TSP's 
documents and the consignee's copy of the same documents. If loss or 
damage is discovered after delivery or receipt of the shipment, the 
consignee must promptly notify the nearest office of the last delivering 
TSP and extend to the TSP the privilege of examining the shipment;
    (d) The rules and conditions governing commercial shipments for the 
time period within which notice must be given to the TSP, or a claim 
must be filed, or suit must be instituted, shall not apply if the 
shipment is lost, damaged or undergoes shrinkage in transit. Only with 
the written concurrence of the Government official responsible for 
making the shipment is the deletion of this item considered to valid;
    (e) Interest shall accrue from the voucher payment date on the 
overcharges made and shall be paid at the same rate in effect on that 
date as published by the Secretary of the Treasury pursuant to the Debt 
Collection Act of 1982 31 U.S.C. 3717); and
    (f) Additional mandatory terms and conditions are in this part and 
the ``U.S. Government Freight Transportation--Handbook.''



102-118.145  Where are the mandatory terms and conditions governing the use of passenger transportation documents?

    The mandatory terms and conditions governing the use of passenger 
transportation documents are contained in this part and the ``U.S. 
Government Passenger Transportation--Handbook.''



102-118.150  What are the major mandatory terms and conditions governing the use of passenger transportation documents?

    The mandatory terms and conditions governing the use of passenger 
transportation documents are:
    (a) Government travel must be via the lowest cost available, that 
meets travel requirements; e.g., Government contract, fare, through, 
excursion, or reduced one way or round trip fare. This should be done by 
entering the term ``lowest coach'' on the Government travel document if 
the specific fare basis is not known;
    (b) The U.S. Government is not responsible for charges exceeding 
those applicable to the type, class, or character authorized in 
transportation documents;
    (c) The U.S. Government contractor-issued charge card must be used 
to the maximum extent possible to procure passenger transportation 
tickets. GTRs must be used minimally;
    (d) Government passenger transportation documents must be in 
accordance with Federal Travel Regulation Chapters 300 and 301 (41 CFR 
chapters 300 and 301), and the ``U.S. Government Passenger 
Transportation--Handbook'';
    (e) Interest shall accrue from the voucher payment date on 
overcharges made hereunder and shall be paid at the same rate in effect 
on that date as published by the Secretary of the Treasury pursuant to 
the Debt Collection Act of 1982;
    (f) The TSP must insert on the TD any known dates on which travel 
commenced;
    (g) The issuing official or traveler, by signature, certifies that 
the requested transportation is for official business;
    (h) The TSP must not honor any request containing erasures or 
alterations unless the TD contains the authentic, valid initials of the 
issuing official; and
    (i) Additional mandatory terms and conditions are in this part and 
the ``U. S. Government Passenger Transportation--Handbook.''



Sec. 102-118.155  How does my agency handle supplemental billings from the TSP after payment of the original bill?

    Your agency must process, review, and verify supplemental billings 
using the same procedures as on an original billing. If the TSP disputes 
the findings, your agency must attempt to resolve the disputed amount.

[[Page 196]]



Sec. 102-118.160  Who is liable if my agency makes an overpayment on a transportation bill?

    If the agency conducts prepayment audits of its transportation 
bills, agency transportation certifying and disbursing officers are 
liable for any overpayments made. If GSA has granted a waiver to the 
prepayment audit requirement and the agency performs a postpayment audit 
(31 U.S.C. 3528 and 31 U.S.C. 3322) neither the certifying nor 
disbursing officers are liable for the reasons listed in these two cited 
statutes.



Sec. 102-118.165  What must my agency do if it finds an error on a TSP bill?

    Your agency must advise the TSP via statement of difference of any 
adjustment that you make either electronically or in writing within 7 
days of receipt of the bill, as required by the Prompt Payment Act (31 
U.S.C. 3901, et seq.). This notice must include the TSP's taxpayer 
identification number, standard carrier alpha code, bill number and 
document reference number, agency name, amount requested by the TSP, 
amount paid, payment voucher number, complete tender or tariff 
authority, the applicable rate authority and the complete fiscal 
authority including the appropriation.



Sec. 102-118.170  Will GSA continue to maintain a centralized numbering system for Government transportation documents?

    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:

General Services Administration
Federal supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



             Subpart C--Use of Government Billing Documents

 Terms and Conditions Governing Acceptance and Use of a Government Bill 
 of Lading (GBL) or Government Transportation Request (GTR) (Until Form 
                               Retirement)



Sec. 102-118.175  Must my agency prepare for the GBL retirement?

    Yes, your agency must prepare for the GBL retirement. Effective 
March 31, 2002, 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 March 31, 2002, your agency may use the GBL or PPGBL solely for 
international shipments (including domestic overseas shipments).

[65 FR 24569, Apr. 26, 2000, as amended at 66 FR 48812, Sept. 24, 2001]



Sec. 102-118.180  Must my agency prepare for the GTR retirement?

    Yes, your agency must use the GTR only in situations that do not 
lend themselves to the use of commercial payment methods.



Sec. 102-118.185  When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including a GBL)?

    Yes, your agency must reference the applicable contract or tender 
when buying transportation on a bill of lading (including GBLs). 
However, the referenced information on a GBL or bill of lading does not 
limit an audit of charges.



Sec. 102-118.190  When buying passenger transportation must my agency reference the applicable contract?

    Yes, when buying passenger transportation, your agency must 
reference the applicable contract on a GTR or passenger transportation 
document (e.g., ticket).

[[Page 197]]



Sec. 102-118.195  What documents must a transportation service provider (TSP) send to receive payment for a transportation billing?

    For shipments bought on a TD, the TSP must submit an original 
properly certified GBL, PPGBL, or bill of lading 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.



Sec. 102-118.200  Can a TSP demand advance payment for the transportation charges submitted on a bill of lading (including GBL)?

    No, a TSP cannot demand advance payment for transportation charges 
submitted on a bill of lading (including GBL), unless authorized by law.



Sec. 102-118.205  May my agency pay an agent functioning as a warehouseman for the TSP providing service under the bill of lading?

    No, your agency may only pay the TSP with whom it has a contract. 
The bill of lading will list the TSP with whom the Government has a 
contract.



Sec. 102-118.210  May my agency use bills of lading other than the GBL for a transportation shipment?

    Yes, as long as the mandatory terms and conditions contained in this 
part (as also stated on a GBL) apply. The TSP must agree in writing to 
the mandatory terms and conditions (also found in the ``U.S. Government 
Freight Transportation Handbook'') contained in this part.



Sec. 102-118.215  May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR?

    No, your agency must not pay any additional charges for the 
preparation and use of the GBL or GTR. Your agency may not pay a TSP a 
higher rate than comparable under commercial procedures for 
transportation bought on a GBL or GTR.



Sec. 102-118.220  If a transportation debt is owed to my agency by a TSP because of loss or damage to property, does my agency report it to GSA?

    No, if your agency has administratively determined that a TSP owes a 
debt resulting from loss or damage, follow your agency regulations.



Sec. 102-118.225  What constitutes final receipt of shipment?

    Final receipt of the shipment occurs when the consignee or a TSP 
acting on behalf of the consignee with the agency's permission, fully 
signs and dates both the delivering TSP's documents and the consignee's 
copy of the same documents indicating delivery and/or explaining any 
delay, loss, damage, or shrinkage of shipment.



Sec. 102-118.230  What if my agency creates or eliminates a field office approved to prepare transportation documents?

    Your agency must tell the GSA 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.

Agency Responsibilities When Using Government Bills of Lading (GBLs) or 
                Government Transportation Requests (GTRs)



Sec. 102-118.235  Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?

    Yes, your agency is responsible for the physical control and 
accountability of the GBL and GTR stock and must have procedures in 
place and available for inspection by GSA. Your agency must consider 
these Government transportation documents to be the same as money.



Sec. 102-118.240  How does my agency get GBL and GTR forms?

    Your agency can get GBL and GTR forms, in either blank or 
prenumbered formats, from:


[[Page 198]]


General Services Administration
Federal Supply Service
General Products Commodity Center (7FXM-WS)
819 Taylor Street, Room 6A24
Fort Worth, TX 76102



Sec. 102-118.245  How does my agency get an assigned set of GBL or GTR numbers?

    If your agency does not use prenumbered GBL and GTR forms, you may 
get an assigned set of numbers from:

General Services Administration
Federal Supply Service
General Products Commodity Center (7FXM-WS)
819 Taylor Street, Room 6A24
Fort Worth, TX 76102



Sec. 102-118.250  Who is accountable for the issuance and use of GBL and GTR forms?

    Agencies and employees are responsible for the issuance and use of 
GBL and GTR forms and are accountable for their disposition.



Sec. 102-118.255  Are GBL and GTR forms numbered and used sequentially?

    Yes, GBL and GTR forms are always sequentially numbered when printed 
and/or used. No other numbering of the forms, including additions or 
changes to the prefixes or additions of suffixes, is permitted.

                    Quotations, Tenders or Contracts



Sec. 102-118.260  Must my agency send all quotations, tenders, or contracts with a TSP to GSA?

    (a) Yes, your agency must send 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:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav

    (b) When this information is in an electronic format approved by the 
GSA Audit Division, your agency will transfer the information 
electronically.



         Subpart D--Prepayment Audits of Transportation Services

                Agency Requirements for Prepayment Audits



Sec. 102-118.265  What is a prepayment audit?

    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.



Sec. 102-118.270  Must my agency establish a prepayment audit program?

    (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:

General Services Administration
Office of Transportation and Personal Property (MT)
1800 F Street, NW.
Washington, DC 20405
http://policyworks.gov/org/main/MT

    (b) The final plan must be approved and in place by April 20, 2000.



Sec. 102-118.275  What must my agency consider when designing and implementing a prepayment audit program?

    As shown in Sec. 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.

[[Page 199]]



Sec. 102-118.280  What advantages does the prepayment audit offer my agency?

    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.



Sec. 102-118.285  What options for performing a prepayment audit does my agency have?

    Your agency may perform a prepayment audit by:
    (a) Creating an internal prepayment audit program;
    (b) Contracting directly with a prepayment audit service provider; 
or
    (c) Using the services of a prepayment audit contractor under GSA's 
multiple award schedule covering audit and financial management 
services.

    Note to Sec. 102-118.285: 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.



Sec. 102-118.290  Must every electronic and paper transportation bill undergo a prepayment audit?

    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:

U.S. General Accounting Office
P.O. Box 6015
Gaithersburg, MD 20884-6015
http://www.gao.gov



Sec. 102-118.295  What are the limited exceptions to every bill undergoing a prepayment audit?

    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.



Sec. 102-118.300  How does my agency fund its prepayment audit program?

    Your agency must pay for the prepayment audit from those funds 
appropriated for transportation services.



Sec. 102-118.305  Must my agency notify the TSP of any adjustment to the TSP's bill?

    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.



Sec. 102-118.310  Must my agency prepayment audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed?

    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.



Sec. 102-118.315  What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?

    (a) If your agency is unable to resolve the disputed amount with the 
TSP, your agency should forward all relevant documents including a 
complete billing history, and the appropriation or fund charged, to:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav

    (b) The GSA Audit Division will review the appeal of an agency's 
final, full or partial denial of a claim and

[[Page 200]]

issue a decision. A TSP must submit claims within 3 years under the 
guidelines established in Sec. 102-118.460.



Sec. 102-118.320  What information must be on transportation bills that have completed my agency's prepayment audit?

    (a) The following information must be annotated on all 
transportation bills that have completed a prepayment audit:
    (1) The date received from a TSP;
    (2) A TSP's bill number;
    (3) Your agency name;
    (4) A Document Reference Number (DRN);
    (5) The amount billed;
    (6) The amount paid;
    (7) The payment voucher number;
    (8) Complete tender or tariff authority, including item or section 
number;
    (9) The TSP's taxpayer identification number (TIN);
    (10) The TSP's standard carrier alpha code (SCAC);
    (11) The auditor's authorization code or initials; and
    (12) A copy of any statement of difference sent to the TSP.
    (b) Your agency can find added guidance in the ``U.S. Government 
Freight Transportation--Handbook,'' obtainable from:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav

                     Maintaining an Approved Program



Sec. 102-118.325  Must I get approval for my agency's prepayment audit program?

    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.



Sec. 102-118.330  What are the elements of an acceptable prepayment audit program?

    An acceptable prepayment audit program must:
    (a) Verify all transportation bills against filed rates and charges 
before payment;
    (b) Comply with the Prompt Payment Act (31 U.S.C. 3901, et seq.);
    (c) Allow for your agency to establish minimum dollar thresholds for 
transportation bills subject to audit;
    (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);
    (e) Be approved by the GSA Audit Division. After the initial 
approval, the agency may be subject to periodic program review and 
reapproval;
    (f) Complete accurate audits of transportation bills and notify the 
TSP of any adjustment within 7 calendar days of receipt;
    (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;
    (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.g., bankruptcy, court case, 
etc.). These bills will be retained pursuant to 44 U.S.C. 3309 until 
claims have been settled;
    (i) Establish procedures in which transportation bills not subject 
to prepayment audit (i.e., bills for unused tickets and charge card 
billings) are handled separately and forwarded to the GSA Audit 
Division; and
    (j) Implement a unique agency numbering system to handle commercial 
paper and practices (see Sec. 102-118.55).

[[Page 201]]



Sec. 102-118.335  What does the GSA Audit Division consider when verifying an agency prepayment audit program?

    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.



Sec. 102-118.340  How does my agency contact the GSA Audit Division?

    Your agency may contact the GSA Audit Division by writing to:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.345  If my agency chooses to change an approved prepayment audit program, does the program need to be reapproved?

    Yes, you must receive approval of any changes in your agency's 
prepayment audit program from the GSA Audit Division.

            Liability for Certifying and Disbursing Officers



Sec. 102-118.350  Does establishing a prepayment audit system or program change the responsibilities of the certifying officers?

    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).



Sec. 102-118.355  Does a prepayment audit waiver change any liabilities of the certifying officer?

    Yes, a certifying official is not personally liable for verifying 
transportation rates, freight classifications, or other information 
provided on a GBL or passenger transportation request when the 
Administrator of General Services or designee waives the prepayment 
audit requirement and your agency uses postpayment audits.



Sec. 102-118.360  What relief from liability is available for the certifying official under a postpayment audit?

    The agency counsel relieves a certifying official from liability for 
overpayments in cases where postpayment is the approved method of 
auditing and:
    (a) The overpayment occurred solely because the administrative 
review before payment did not verify transportation rates; and
    (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.



Sec. 102-118.365  Do the requirements of a prepayment audit change the disbursing official's liability for overpayment?

    Yes, the disbursing official has a liability for overpayments on all 
transportation bills subject to prepayment audit (31 U.S.C. 3322).



Sec. 102-118.370  Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency?

    Your agency's counsel has the authority to relieve liability and 
give advance opinions on liability issues to certifying, accountable, 
and disbursing officers (31 U.S.C. 3527).

                 Waivers from Mandatory Prepayment Audit



Sec. 102-118.375  Who has the authority to grant a waiver of the prepayment audit requirement?

    Only the Administrator of General Services or designee has the 
authority to grant waivers from the prepayment audit requirement.



Sec. 102-118.380  How does my agency apply for a waiver from a prepayment audit of requirement?

    Your agency must submit a request for a waiver from the requirement 
to perform a prepayment in writing to:

General Services Administration
Office of Transportation and Personal Property (MT)

[[Page 202]]

1800 F Street, NW.
Washington, DC 20405
 http://policyworks.gov/org/main/MT



Sec. 102-118.385  What must a waiver request include?

    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.



Sec. 102-118.390  On what basis does GSA grant a waiver to the prepayment audit requirement?

    GSA issues waivers to the prepayment audit requirement based on:
    (a) Cost-effectiveness;
    (b) Government efficiency;
    (c) Public interest; or
    (d) Other factors the Administrator of General Services considers 
appropriate.



Sec. 102-118.395  How long will GSA take to respond to a waiver request?

    GSA will respond to a written waiver request within 30 days from the 
receipt of the request.



Sec. 102-118.400  Must my agency renew a waiver of the prepayment audit requirements?

    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.



Sec. 102-118.405  Are my agency's prepayment audited transportation bills subject to periodic postpayment audit oversight from the GSA Audit Division?

    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 Audit Division 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.

             Suspension of Agency Prepayment Audit Programs



Sec. 102-118.410  Can GSA suspend my agency's prepayment audit program?

    (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:
    (1) Conduct an accurate prepayment audit of your agency's 
transportation bills;
    (2) Abide by the terms of the Prompt Payment Act;
    (3) Adjudicate TSP claims disputing prepayment audit positions of 
the agency regularly within 30 days of receipt;
    (4) Follow Comptroller General decisions, GSA Board of Contract 
Appeals decisions, the Federal Management Regulation and GSA 
instructions or precedents about substantive and procedure matters; and/
or
    (5) Provide information and data or to cooperate with on-site 
inspections necessary to conduct a quality assurance review.
    (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.



              Subpart E--Postpayment Transportation Audits



Sec. 102-118.415  Will the widespread mandatory use of prepayment audits eliminate postpayment audits?

    No, the mandatory use of prepayment audits will not eliminate 
postpayment audits because:
    (a) Postpayment audits will continue for those areas which do not 
lend themselves to the prepayment audit; and
    (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

[[Page 203]]

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.



Sec. 102-118.420  Can the Administrator of General Services waive the postpayment auditing provisions of this subpart?

    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.



Sec. 102-118.425  Is my agency allowed to perform a postpayment audit on our transportation bills?

    No, your agency must forward all transportation bills to GSA for a 
postpayment audit regardless of any waiver allowing for postpayment 
audit.



Sec. 102-118.430  What information must be on my agency's transportation bills submitted for a postpayment audit?

    Your agency must annotate all of its transportation bills submitted 
for postpayment audit with:
    (a) The date received from a TSP;
    (b) A TSP's bill number;
    (c) Your agency name;
    (d) A Document Reference Number;
    (e) The amount requested;
    (f) The amount paid;
    (g) The payment voucher number;
    (h) Complete tender or tariff authority, including contract price 
(if purchased under the Federal Acquisition Regulation), item or section 
number;
    (i) The TSP's taxpayer identification number; and
    (j) The TSP's standard carrier alpha code (SCAC).



Sec. 102-118.435  What procedures does GSA use to perform a postpayment audit?

    When GSA performs a postpayment audit, the GSA Audit Division has 
the delegated authority to implement the following procedures:
    (a) Audit selected TSP bills after payment;
    (b) Audit selected TSP bills before payment as needed to protect the 
Government's interest (i.e., bankruptcy, fraud);
    (c) Examine, settle, and adjust accounts involving payment for 
transportation and related services for the account of agencies;
    (d) Adjudicate and settle transportation claims by and against 
agencies;
    (e) Offset an overcharge by any TSP from an amount subsequently 
found to be due that TSP;
    (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
    (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.



Sec. 102-118.440  What are the postpayment audit responsibilities and roles of the GSA Audit Division?

    When the GSA Audit Division performs a postpayment audit for your 
agency, GSA will:
    (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;
    (b) Examine, adjudicate, and settle transportation claims by and 
against the agency;
    (c) Collect from TSPs by refund, setoff, offset or other means, the 
amounts determined to be due the agency;
    (d) Adjust, terminate or suspend debts due on TSP overcharges;
    (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

[[Page 204]]

against an agency and provide technical, fiscal, and factual data from 
relevant records;
    (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;
    (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;
    (h) Furnish information on rates, fares, routes, and related 
technical data upon request;
    (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
    (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.



Sec. 102-118.445  Must my agency pay for a postpayment audit when using the GSA Audit Division?

    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.



                 Subpart F--Claims and Appeal Procedures

                General Agency Information for All Claims



Sec. 102-118.450  Can a TSP file a transportation claim against my agency?

    Yes, a TSP may file a transportation claim against your agency under 
31 U.S.C. 3726 for:
    (a) Amounts owed but not included in the original billing;
    (b) Amounts deducted or set off by an agency that are disputed by 
the TSP;
    (c) Requests by a TSP for amounts previously refunded in error by 
that TSP; and/or
    (d) Unpaid original bills requiring direct settlement by GSA, 
including those subject to doubt about the suitability of payment 
(mainly bankruptcy or fraud).



Sec. 102-118.455  What is the time limit for a TSP to file a transportation claim against my agency?

    The time limits on a TSP transportation claim against the Government 
differ by mode as shown in the following table:

                   Time Limits on Actions Taken by TSP
------------------------------------------------------------------------
             Mode                Freight charges          Statute
------------------------------------------------------------------------
(a) Air Domestic..............  6 years..........  28 U.S.C. 2401, 2501.
------------------------------------------------------------------------
(b) Air International.........  6 years..........  28 U.S.C. 2401, 2501.
------------------------------------------------------------------------
(c) Freight Forwarders          3 years..........  49 U.S.C. 14705(f).
 (subject to the IC Act).
------------------------------------------------------------------------
(d) Motor.....................  3 years..........  49 U.S.C. 14705(f).
------------------------------------------------------------------------
(e) Rail......................  3 years..........  49 U.S.C. 14705(f).
------------------------------------------------------------------------
(f) Water (subject to the IC    3 years..........  49 U.S.C. 14705(f).
 Act).
------------------------------------------------------------------------

[[Page 205]]

 
(g) Water (not subject to the   2 years..........  46 U.S.C. 745.
 IC Act).
------------------------------------------------------------------------
(h) TSPs exempt from            6 years..........  28 U.S.C. 2401, 2501.
 regulation.
------------------------------------------------------------------------



Sec. 102-118.460  What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property?

    Statutory time limits vary depending on the mode and the service 
involved and may involve freight charges. The following tables list the 
time limits:

                     (a) Time Limits on Actions Taken by the Federal Government Against TSPs
----------------------------------------------------------------------------------------------------------------
                 Mode                      Freight charges            Reparations            Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) Rail.............................  3 years................  3 years................  6 years.
                                       49 U.S.C. 11705........  49 U.S.C. 11705........  28 U.S.C. 2415.
----------------------------------------------------------------------------------------------------------------
(2) Motor............................  3 years................  3 years................  6 years.
                                       49 U.S.C...............  49 U.S.C...............  28 U.S.C. 2415.
                                       14705(f)...............  14705(f)...............
----------------------------------------------------------------------------------------------------------------
(3) Freight Forwarders subject to the  3 years................  3 years................  6 years.
 IC Act.                               49 U.S.C...............  49 U.S.C...............  28 U.S.C. 2415.
                                       14705(f)...............  14705(f)...............
----------------------------------------------------------------------------------------------------------------
(4) Water (subject to the IC Act)....  3 years................  3 years................  6 years.
                                       49 U.S.C...............  49 U.S.C...............  28 U.S.C. 2415.
                                       14705(f)...............  14705(f)...............
----------------------------------------------------------------------------------------------------------------
(5) Water (not subject to the IC Act)  6 years 28 U.S.C. 2415.  2 years 46 U.S.C. 821..  1 year.
                                                                                         46 U.S.C.
                                                                                         1303(6) (if subject to
                                                                                          Carriage of Goods by
                                                                                          Sear Act, 46 U.S.C.
                                                                                          1300-1315).
----------------------------------------------------------------------------------------------------------------
(6) Domestic Air.....................  6 years................  .......................  6 years.
                                       28 U.S.C. 2415.........                           28 U.S.C. 2415.
----------------------------------------------------------------------------------------------------------------
(7) International Air................  6 years................  .......................  2 years.
                                       28 U.S.C. 2415.........                           49 U.S.C. 40105.
----------------------------------------------------------------------------------------------------------------


[[Page 206]]


         (b) Time Limits on Actions Taken by the Federal Government Against TSPs Exempt From Regulation
----------------------------------------------------------------------------------------------------------------
                 Mode                          Freight                Reparations            Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) All..............................  6 years................  .......................  6 years.
                                       28 U.S.C. 2415.........                           28 U.S.C. 2415.
----------------------------------------------------------------------------------------------------------------



Sec. 102-118.465  Must my agency pay interest on a disputed amount claimed by a TSP?

    No, interest penalties under the Prompt Payment Act, (31 U.S.C. 
3901, et seq.), are not required when payment is delayed because of a 
dispute between an agency and a TSP.



Sec. 102-118.470  Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division?

    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):
    (a) Accrual of the cause of action;
    (b) Payment of charges for the transportation involved;
    (c) Subsequent refund for overpayment of those charges; or
    (d) Deductions made to a TSP claim by the Government under 31 U.S.C. 
3726.



Sec. 102-118.475  Does interest apply after certification of payment of claims?

    Yes, interest under the Prompt Payment Act (31 U.S.C. 3901, et seq.) 
begins 30 days after certification for payment by GSA.



Sec. 102-118.480  How does my agency settle disputes with a TSP?

    As a part of the prepayment audit program, your agency must have a 
plan to resolve disputes with a TSP. This program must allow a TSP to 
appeal payment decisions made by your agency.



Sec. 102-118.485  Is there a time limit for my agency to issue a decision on disputed claims?

    Yes, your agency must issue a ruling on a disputed claim within 30 
days of receipt of the claim.



Sec. 102-118.490  What if my agency fails to settle a dispute within 30 days?

    (a) If your agency fails to settle a dispute within 30 days, the TSP 
may appeal to:

General Services Administration
Federal Supply Service
Audit Division (FBA)
Code: CC 1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav

    (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.



Sec. 102-118.495  May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?

    No, your agency may not appeal a decision made by the GSBCA.



Sec. 102-118.500  How does my agency handle a volunary refund submitted by a TSP?

    (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.g., charge card refunds, etc.). 
These reports must be addressed to:

General Services Administration
Federal Supply Service
Audit Division (FBA)
Code: CC
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav


[[Page 207]]


    (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 GSA Audit Division.



Sec. 102-118.505  Must my agency send a voluntary refund to the Treasurer of the United States?

    No, your agency may keep and use voluntary refunds submitted by a 
TSP, if the refund was made prior to a Notice of Overcharge issued by 
the GSA Audit Division.



Sec. 102-118.510  Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?

    Generally, no, an agency must not revise or alter amounts on a GSA 
Form 7931. The only change an agency can make to a GSA Form 7931 is to 
change the agency financial data to a correct cite. Any GSA Form 7931 
that cannot be paid (e.g., an amount previously paid), must be 
immediately returned to the GSA Audit Division with an explanation.



Sec. 102-118.515  Does my agency have any recourse not to pay a Certificate of Settlement?

    No, a Certificate of Settlement is the final administrative action.



Sec. 102-118.520  Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any 
          outstanding debts to my agency?

    Under the Federal Claims Collection Act of 1966, as amended (31 
U.S.C. 3711, et seq.), the Comptroller General and the Attorney General 
have joint responsibility for issuing standards for your agency.



Sec. 102-118.525  What are my agency's responsibilities for verifying the correct amount of transportation charges?

    Your agency's employees are responsible for diligently verifying the 
correct amount of transportation charges prior to payment (31 U.S.C. 
3527).



Sec. 102-118.530  Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?

    Yes, GSA will instruct one or more of your agency's disbursing 
offices to deduct the amount due from an unpaid TSP's bill. A 3-year 
limitation applies on the deduction of overcharges from amounts due a 
TSP (31 U.S.C. 3726) and a 10-year limitation applies on the deduction 
of ordinary debts (31 U.S.C. 3716).



Sec. 102-118.535  Are there principles governing my agency's TSP debt collection procedures?

    Yes, the principles governing your agency collection procedures for 
reporting debts to the General Accounting Office (GAO) or the Department 
of Justice are found in 4 CFR parts 101 through 105 and in the GAO 
Policy and Procedures Manual for Guidance of Federal Agencies. The 
manual may be obtained by writing:

Superintendent of Documents
Government Printing Office
Washington, DC 20402
http://www.access.gpo.gov/



Sec. 102-118.540  Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?

    The Director of the GSA 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.

        Transportation Service Provider (TSP) Filing Requirements



Sec. 102-118.545  What information must a TSP claim include?

    Transportation service provider (TSP) claims received by GSA or its 
designee must include one of the following:
    (a) The signature of an individual or party legally entitled to 
receive payment for services on behalf of the TSP;

[[Page 208]]

    (b) The signature of the TSP's agent or attorney accompanied by a 
duly executed power of attorney or other documentary evidence of the 
agent's or attorney's right to act for the TSP; or
    (c) An electronic signature, when mutually agreed upon.



Sec. 102-118.550  How does a TSP file an administrative claim using EDI or other electronic means?

    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.



Sec. 102-118.555  Can a TSP file a supplemental administrative claim?

    Yes, a TSP may file a supplemental administrative claim. Each 
supplemental claim must cover charges relating to one paid 
transportation document.



Sec. 102-118.560  What is the required format that a TSP must use to file an administrative claim?

    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:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.565  What documentation is required when filing an administrative claim?

    An administrative claim must be accompanied by the transportation 
document, payment record, reports and information available to GSA and/
or to the agency involved and the written and documentary records 
submitted by the TSP. Oral presentations supplementing the written 
record are not acceptable.

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                            Prepayment Audits



Sec. 102-118.570  If my agency denies the TSP's challenge to the statement of difference, may the TSP appeal?

    Yes, the TSP may appeal if your agency denies its challenge to the 
statement of difference. However, the appeal must be handled at a higher 
level in your agency.



Sec. 102-118.575  If a TSP disagrees with the decision of my agency, can the TSP appeal?

    Yes, the TSP may file a claim with the GSA 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.



Sec. 102-118.580  May a TSP appeal a prepayment audit decision of the GSA Audit Division?

    (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:

GSA Board of Contract Appeals
1800 F Street, NW.
Room 7022
Washington, DC 20405

    (b) The GSBCA will accept legible submissions via facsimile (FAX) on 
(202) 501-0664.

[[Page 209]]



Sec. 102-118.585  May a TSP appeal a prepayment audit decision of the GSBCA?

    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.



Sec. 102-118.590  May my agency appeal a prepayment audit decision of the GSA Audit Division?

    No, your agency may not appeal. A GSA Audit Division decision is 
administratively final for your agency.



Sec. 102-118.595  May my agency appeal a prepayment audit decision by the GSBCA?

    No, your agency may not appeal a prepayment audit decision. Your 
agency must follow the ruling of the GSBCA.

 Transportation Service Provider (TSP) and Agency Appeal Procedures for 
                           Postpayment Audits



Sec. 102-118.600  When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?

    A TSP who disagrees with the Notice of Overcharge may submit a 
written request for reconsideration to the GSA Audit Division at:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.605  What if a TSP disagrees with the Notice of Indebtedness?

    If a TSP disagrees with an ordinary debt, as shown on a Notice of 
Indebtedness, it may:
    (a) Inspect and copy the agency's records related to the claim;
    (b) Seek administrative review by the GSA Audit Division of the 
claim decision; and/or
    (c) Enter a written agreement for the payment of the claims.



Sec. 102-118.610  Is a TSP notified when GSA allows a claim?

    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.



Sec. 102-118.615  Will GSA notify a TSP if they internally offset a payment?

    Yes, the GSA Audit Division will inform the TSP if they internally 
offset a payment.



Sec. 102-118.620  How will a TSP know if the GSA Audit Division disallows a claim?

    The GSA Audit Division will furnish a GSA Form 7932, Settlement 
Certificate, to the TSP explaining the disallowance.



Sec. 102-118.625  Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?

    Yes, a TSP desiring a reconsideration of a settlement action may 
request a review by the Administrator of General Services.



Sec. 102-118.630  How must a TSP refund amounts due to GSA?

    (a) TSPs must promptly refund amounts due to GSA, preferably by EFT. 
If an EFT is not used, checks must be made payable to ``General Services 
Administration'', including the document reference number, TSP name, 
bill number(s), taxpayer identification number and standard carrier 
alpha code, then mailed to:

General Services Administration
P.O. Box 93746
Chicago, IL 60673

    (b) If an EFT address is needed, please contact the GSA Audit 
Division at:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav


[[Page 210]]


    Note to Sec. 102-118.630: Amounts collected by GSA are returned to 
the Treasurer of the United States (31 U.S.C. 3726).



Sec. 102-118.635  Can the Government charge interest on an amount due from a TSP?

    Yes, the Government can charge interest on an amount due from a TSP. 
This procedure is provided for under the Debt Collection Act (31 U.S.C. 
3717), the Federal Claims Collection Standards (4 CFR parts 101 through 
105), and 41 CFR part 105-55.



Sec. 102-118.640  If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?

    GSA will pursue debt collection through one of the following 
methods:
    (a) When an indebted TSP files a claim, GSA will apply all or any 
portion of the amount it determines to be due the TSP, to the 
outstanding balance owed by the TSP, under the Federal Claims Collection 
Standards (4 CFR parts 101 through 105) and 41 CFR part 105-55;
    (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);
    (c) When collection cannot be accomplished through either of the 
procedures in paragraph (a) or (b) of this section, GSA normally sends 
two additional demand letters to the indebted TSP requesting payment of 
the amount due within a specified time. Lacking a satisfactory response, 
GSA may place a complete stop order against amounts otherwise payable to 
the indebted TSP by adding the name of that TSP to the Department of the 
Army ``List of Contractors Indebted to the United States''; and/or
    (d) When collection actions, as stated in paragraphs (a) through (c) 
of this section are unsuccessful, GSA may report the debt to the 
Department of Justice for collection, litigation, and related 
proceedings, as prescribed in 4 CFR parts 101 through 105.



Sec. 102-118.645  Can a TSP file an administrative claim on collection actions?

    Yes, a TSP may file an administrative claim involving collection 
actions resulting from the transportation audit performed by the GSA 
directly with the GSA 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, et seq.). The TSP must file all other 
transportation claims with the agency out of whose activities they 
arose. If this is not feasible (e.g., where the responsible agency 
cannot be determined or is no longer in existence) claims may be sent to 
the GSA 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:

General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav



Sec. 102-118.650  Can a TSP request a review of a settlement action by the Administrator of General Services?

    Yes, a TSP desiring a review of a settlement action taken by the 
Administrator of General Services may request a review by the GSA Board 
of Contract Appeals (GSBCA) or file a claim with the United States Court 
of Federal Claims (28 U.S.C. 1491).



Sec. 102-118.655  Are there time limits on a TSP request for an administrative review by the GSBCA?

    (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:

GSA Board of Contract Appeals
1800 F Street, NW.
Room 7022
Washington, DC 20405

    (b) The GSBCA will accept legible submissions via facsimile (FAX) on 
(202) 501-0664.

[[Page 211]]



Sec. 102-118.660  May a TSP appeal a postpayment audit decision of the GSBCA?

    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.



Sec. 102-118.665  May my agency appeal a postpayment audit decision by the GSBCA?

    No, your agency may not appeal a postpayment audit decision and must 
follow the ruling of the GSBCA.

      Transportation Service Provider (TSP) Non-Payment of a Claim



Sec. 102-118.670  If a TSP cannot immediately pay a debt, can they make other arrangements for payment?

    Yes, if a TSP is unable to pay the debt promptly, the Director of 
the GSA Audit Division has the discretion to enter into alternative 
arrangements for payment.



Sec. 102-118.675  What recourse does my agency have if a TSP does not pay a transportation debt?

    If a TSP does not pay a transportation debt, GSA may refer 
delinquent debts to consumer reporting agencies and Federal agencies 
including the Department of the Treasury and Department of Justice.

                    PARTS 102-119--102-140 [RESERVED]



                     SUBCHAPTER E--TRAVEL MANAGEMENT



                    PART 102-141--GENERAL [RESERVED]

                    PARTS 102-142--102-170 [RESERVED]



                    SUBCHAPTER F--TELECOMMUNICATIONS



                    PART 102-171--GENERAL [RESERVED]

      PART 102-172--TELECOMMUNICATIONS MANAGEMENT POLICY [RESERVED]

                    PARTS 102-173--102-190 [RESERVED]

[[Page 212]]



                  SUBCHAPTER G--ADMINISTRATIVE PROGRAMS




                    PART 102-191--GENERAL [RESERVED]



PART 102-192--MAIL MANAGEMENT--Table of Contents




                      Subpart A--General Provisions

Sec.
102-192.5  What does this part cover?
102-192.10  What authority governs this part?
102-192.15  How are ``I'', ``you'', ``me'', ``we'', and ``us'' used in 
          this part?
102-192.20  How are ``must'' and ``should'' used in this part?
102-192.25  Does this part apply to me?
102-192.30  What types of mail does this part apply to?
102-192.35  What definitions apply to this part?
102-192.40  Where can I get more information about the classes of mail?
102-192.45  How do we request a deviation from these requirements, and 
          who can approve it?

                     Subpart B--General Requirements

102-192.50  What must all agencies do to manage their mail effectively 
          and efficiently?
102-192.55  What are the additional requirements for large agencies?

                    Subpart C--Reporting Requirements

102-192.60  What must we report to GSA about our mail operations?
102-192.65  When must we submit reports to GSA about our mail?
102-192.70  What format should we use when reporting mail data to GSA?
102-192.75  Where do we send our mail management reports and security 
          plan verifications?
102-192.80  Why does GSA require these mail reports?

                     Subpart D--Security Provisions

102-192.85  Must I have a mail security plan?
102-192.90  What must I include in the mail security plan?
102-192.95  What else should I include in the mail security plan?

                     Subpart E--Recommended Actions

102-192.100  What financial system features does GSA recommend for 
          finance systems to keep track of mail costs?
102-192.105  What performance goals and measures should we use?
102-192.110  What should your agency-wide mail management plan include?
102-192.115  What less costly alternatives to expedited mail and 
          couriers should your agency-wide mail management plan address?

             Subpart F--Agency Mail Manager Responsibilities

102-192.120  What is the appropriate managerial level for an agency mail 
          manager?
102-192.125  What are my general responsibilities as an agency mail 
          manager?

            Subpart G--Facility Mail Manager Responsibilities

102-192.130  What are my general responsibilities as a facility mail 
          manager?
102-192.135  What should I include when contracting out all or part of 
          the mail function?

             Subpart H--Program-Level Mail Responsibilities

102-192.140  Which program levels should have a mail manager?
102-192.145  What are the mail responsibilities at the program level?

             Subpart I--GSA's Responsibilities and Services

102-192.150  What are GSA's responsibilities in mail management?
102-192.155  What types of support does GSA offer to Federal agency mail 
          management programs?

Appendix A to Part 102-192--Large Agency Mailers
Appendix B to Part 102-192--Mail Center Security Plan


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

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



                      Subpart A--General Provisions



Sec. 102-192.5  What does this part cover?

    This part prescribes policy and requirements for the efficient, 
effective, economical, and secure management of incoming, internal, and 
outgoing mail in Federal agencies.

[[Page 213]]



Sec. 102-192.10  What authority governs this part?

    This part is governed by Section 2 of Public Law 94-575, the Federal 
Records Management Amendments of 1976 (44 U.S.C. 2901-2904), as amended, 
which requires the Administrator of General Services to provide guidance 
and assistance to Federal agencies on records management and defines the 
processing of mail by Federal agencies as a records management activity.



Sec. 102-192.15  How are ``I'', ``you'', ``me'', ``we'', and ``us'' used in this part?

    In this part, ``I'', ``me'', and ``you'' (in its singular sense) 
refer to agency mail managers and/or facility mail managers; the context 
makes it clear which usage is intended in each case. ``We'', ``us'', and 
``you'' (in its plural sense) refer to your Federal agency.



Sec. 102-192.20  How are ``must'' and ``should'' used in this part?

    In this part:
    (a) ``Must'' identifies steps that Federal agencies are required to 
take; and
    (b) ``Should'' identifies steps that GSA recommends.



Sec. 102-192.25  Does this part apply to me?

    Yes, this part applies to you if you work in a Federal agency, as 
defined in Sec. 102-192.35.



Sec. 102-192.30  What types of mail does this part apply to?

    This part applies to all materials that might pass through a Federal 
mail processing center, including:
    (a) All internal, incoming, and outgoing materials such as 
envelopes, bulk mail, expedited mail, individual packages up to 70 
pounds, publications, and postal cards, regardless of whether or not 
they currently pass through a particular mail center;
    (b) Similar materials carried by agency personnel, contractors, the 
United States Postal Service (USPS), and all other carriers of such 
items; and
    (c) Electronic mail only if it is printed out and mailed as 
described in paragraphs (a) and (b) of this section; however, this part 
encourages agencies to maximize use of electronic mail in lieu of 
printed media, so long as it is cost-effective.



Sec. 102-192.35  What definitions apply to this part?

    The following definitions apply to this part:
    Agency mail manager means the person who manages the overall mail 
communications program of a Federal agency. The agency mail manager also 
represents the agency in its relations with mail service providers, 
other agency mail managers, and the GSA Office of Governmentwide Policy.
    Class of mail means the 5 categories of domestic mail as defined by 
the United States Postal Service (USPS) in the Domestic Mail Manual, 
(C100 through C600.1.z). These are:
    (1) Express Mail and Priority Mail.
    (2) First Class.
    (3) Standard Mail (e.g., bulk marketing mail).
    (4) Package Services.
    (5) Periodicals.
    Commingling means the merging of outgoing mail from one facility or 
agency with outgoing mail from at least one other source.
    Expedited mail is a generic term that means mail designated for 
delivery more quickly than the USPS's normal delivery times (which vary 
by class of mail). Examples of expedited mail include USPS Express Mail 
and overnight and two-day delivery by other service providers.
    Facility mail manager means the person responsible for mail in a 
specific Federal facility. There may be many facility mail managers 
within a Federal agency. See subpart G of this part for additional 
information about facility mail managers.
    Federal agency (or agency) means:
    (1) Any executive department as defined in 5 U.S.C. 101;
    (2) Any wholly owned Government corporation as defined in 31 U.S.C. 
9101;
    (3) Any independent establishment in the executive branch as defined 
in 5 U.S.C. 104; and
    (4) Any establishment in the legislative branch, except the Senate, 
the House of Representatives, the Architect of the Capitol, and all 
activities under the direction of the Architect of the Capitol (44 
U.S.C. 2901(14)).

[[Page 214]]

    Federal facility (or facility) means any office building, 
installation, base, etc., where Federal agency employees work; this 
includes any facility where the Federal government pays postage expenses 
even though few Federal employees are involved in processing the mail.
    Incoming mail means any mail that comes into the agency delivered by 
any service provider, such as the USPS, UPS, FedEx, or DHL.
    Internal mail means mail generated within a Federal facility that is 
delivered within that facility or to a nearby facility of the same 
agency, so long as it is delivered by agency personnel or a dedicated 
agency contractor (i.e., not a service provider).
    Large agency means a Federal agency whose total annual mail payments 
to all service providers exceeds $1 million. See appendix A to this part 
for a current list of the large agencies.
    Mail means the types of mail described in Sec. 102-192.30.
    Mail costs means allocations and expenses for postage and all other 
mail costs (e.g., payments to service providers, mail center personnel 
costs, mail center overhead, etc.).
    Mail piece design means laying out and printing items to be mailed 
such that they can be processed efficiently and effectively by automated 
mail-processing equipment.
    Mail system means all of the components of your mail operation 
including your methods for capturing data on your mail users, their 
volumes, and costs. The mail system includes the financial and 
accounting systems. It can be automated, manual or both.
    Official Mail Accounting System (OMAS) is the Postal Service's 
government-unique system used to track postage used by most Federal 
agencies. OMAS is used in conjunction with each agency's online payment 
and accounting system (OPAC) account at the Treasury.
    Outgoing mail means mail generated within a Federal facility that is 
going outside that facility and is delivered by a service provider.
    Postage means money due or paid to any service provider.
    Presort means a mail preparation used to receive a discounted 
mailing rate by sorting mail according to USPS standards.
    Program Level means a subsidiary part of a Federal agency that 
generates a significant quantity of outgoing mail. It could apply to an 
agency organizational entity, program, or project. (See subpart H of 
this part for additional information.)
    Service provider means any agency or company that delivers mail. 
Some examples of service providers are USPS, UPS, FedEx, DHL, courier 
services, the Military Postal Service Agency, the State Department of 
Diplomatic Pouch and Mail Division and other Federal agencies providing 
mail services.
    Special services means those mail services that require extra 
payment over basic postage; e.g., certified mail, business reply mail, 
registered mail, insurance, merchandise return service, certificates of 
mailing, return receipts, and delivery confirmation.
    Unauthorized use of agency postage means the use of penalty or 
commercial mail stamps, meter impressions, or other postage indicia for 
personal or unofficial use.
    Worksharing means cost-effective ways of processing outgoing mail 
that qualify for reduced postage rates; examples include presorting, bar 
coding, consolidating, and commingling.



Sec. 102-192.40  Where can I get more information about the classes of mail?

    Details about mail classes can be found in the Domestic Mail Manual 
(DMM). The DMM is available from New Orders, Superintendent of 
Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, 
PA 15250-7954, http://pe.usps.gov/.



Sec. 102-192.45  How do we request a deviation from these requirements, and who can approve it?

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



                     Subpart B--General Requirements



Sec. 102-192.50  What must all agencies do to manage their mail effectively and efficiently?

    All agencies are required to:

[[Page 215]]

    (a) Have written security plans for mail operations at the agency 
level and in any facility where one or more full time personnel 
processes mail.
    (b) Ensure that mail costs are identified at the program level 
within the agency; each agency will have to determine the appropriate 
level for this requirement because the level at which it is cost-
beneficial differs widely. Program level costs can be identified from 
tracking mailing expenses by program areas, cost estimates, financial 
reports, reconciled Postal Service records, and reconciled vendor data.
    (c) Beginning October 1, 2003, all payments to the United States 
Postal Service must be made using commercial payment processes, not 
OMAS.
    (d) Have performance measures for mail operations at the agency 
level and in all subordinate locations that spend more than $250,000 per 
year on postage; it is up to each agency to select the actual 
performance measures used.



Sec. 192.55  What are the additional requirements for large agencies?

    All agencies that spend more than $1 million per year on postage are 
additionally required to develop and maintain an annual mail management 
and security plan. The plan must:
    (a) State total amounts paid to all service providers;
    (b) Verify that facility security plans have been reviewed at the 
agency level. A copy of at least one large facility plan must be 
attached;
    (c) Identify performance measures in use at the agency level;
    (d) Identify the agency mail manager; and
    (e) Describe the agency's plans to improve the economy and 
efficiency of mail operations.



                    Subpart C--Reporting Requirements



Sec. 102-192.60  What must we report to GSA about our mail operations?

    If you meet the definition of a large agency (see Sec. 102-192.35), 
you must report to GSA annually either your mail management and security 
plan, revised section(s) of that plan, or a statement verifying that 
your plan has been reviewed and that there are no changes to it. The 
annual report must state that all facility security plans have been 
reviewed by a competent authority within the past year.



Sec. 102-192.65  When must we submit reports to GSA about our mail?

    If you meet the requirement in Sec. 102-192.35, the first annual 
agency mail management and security plan to GSA covering Fiscal Year 
2001 is due September 4, 2002. Thereafter, fiscal year reports will be 
due annually on March 30. You must promptly report the name of the 
agency mail manager whenever it changes. GSA maintains an updated list 
of Federal agency mail managers at http://www.gsa.gov/mailpolicy.



Sec. 102-192.70  What format should we use when reporting mail data to GSA?

    GSA will provide the format and reporting process for submitting the 
agency's annual mail management and security plan. These will be 
developed in collaboration with the Interagency Mail Policy Council. The 
final reporting format will be posted on the Mail Policy Communications 
home page at http://www.gsa.gov/mailpolicy.



Sec. 102-192.75  Where do we send our mail management reports and security plan verifications?

    Submit hardcopy mail reports to: General Services Administration, 
Office of Governmentwide Policy, Mail Communications Policy Division 
(MTM), 1800 F Street, NW., STE 1221, Washington, DC 20405-0002. 
Electronic submissions are encouraged. Submit electronic reports to: 
federal.mail@gsa.gov.



Sec. 102-192.80  Why does GSA require these mail reports?

    GSA requires these annual agency mail management and security plans 
to:
    (a) Ensure that the large Federal mail programs have the tools and 
procedures in place to manage their operations efficiently and 
effectively;
    (b) Ensure that appropriate security measures are in place; and
    (c) Allow GSA to fulfill its responsibilities under the Federal 
Records Act, especially with regards to sharing

[[Page 216]]

best practices, training, standards, and guidelines.



                     Subpart D--Security Provisions



Sec. 102-192.85  Must I have a mail security plan?

    Every Federal agency and agency location where an agency has one or 
more full time personnel processing mail must implement a written mail 
security plan. The size and scope of the security plan should be 
commensurate with the size and responsibilities of each agency or 
location. The security plan should be updated whenever circumstances 
warrant. As a minimum, it should be reviewed annually.



Sec. 102-192.90  What must I include in the mail security plan?

    Your security plan must include polices and procedures for safe and 
secure operations consistent with your agency's core mission. It must 
also include:
    (a) Procedures for handling all incoming mail, regardless of service 
provider;
    (b) Plans for security training for mail center personnel;
    (c) Procedures for ensuring compliance with the standards 
established by the Interagency Security Committee that was established 
in accordance with Executive Order 12977, dated October 19, 1995 (3 CFR, 
1995 Comp., p. 413). These standards can be found at http://
www.oca.gsa.gov;
    (d) A list of all large facilities, their points of contact and 
telephone numbers; and
    (e) Plans for annual reviews of the agency's security plan and 
facility-level security plans.



Sec. 102-192.95  What else should I include in the mail security plan?

    Additionally, your plan should ensure that:
    (a) Facility mail managers participate in their building security 
committees, wherever such committees exist;
    (b) Mail is transported in a safe manner;
    (c) X-raying of mail occurs where appropriate; and
    (d) The standards outlined in appendix B to this part are 
implemented.



                     Subpart E--Recommended Actions



Sec. 102-192.100  What financial system features does GSA recommend for finance systems to keep track of mail costs?

    Agencies should develop or use a financial accountability system 
that separately tracks all mail costs to the program area or below. The 
system should:
    (a) Show allocations and expenses for postage and all other mail 
costs (e.g., payments to service providers, mail center personnel costs, 
mail center overhead, etc.) separate from all other administrative 
expenses;
    (b) Assign control of funds for postage to the same person who has 
overall authority to control mail decisions for the program area;
    (c) Allow mail centers to establish systems to charge their 
customers for postage; and
    (d) Identify and charge mail costs that are part of printing 
contracts to the program level.



Sec. 102-192.105  What performance goals and measures should we use?

    Section 102-192.50 requires all large agencies to have performance 
measures for mail operations at the agency level and in all subordinate 
locations that spend more than $250,000 per year on postage. All other 
agencies are also encouraged to identify performance goals and measures 
for incoming and outgoing mail operations. Your performance measurement 
efforts should be focused on the large facilities that generate most of 
your mail. The range of measures will depend on the size of your agency 
or facility, your mission, and the life cycle cost of data collection. 
GSA will provide suggested performance measures through its mail policy 
website.



Sec. 102-192.110  What should your agency-wide mail management plan include?

    Your agency-wide mail management plan should address:
    (a) The ways in which mail management supports your agency's 
mission;
    (b) Information about your agency's primary facilities;

[[Page 217]]

    (c) Opportunities for reducing costs and/or enhancing your agency's 
ability to perform its mission through better mail management;
    (d) How you choose the lowest cost and/or best value service 
provider(s) for outgoing mail, while ensuring that the Private Express 
Statutes and all USPS regulations are followed;
    (e) Opportunities for centralized mail processing, worksharing, 
consolidation, and commingling to obtain postage savings;
    (f) How and to what extent you will move toward ensuring that the 
person who controls mail decisions is the same person who controls the 
funds for postage;
    (g) How and to what extent you will move toward ensuring that your 
financial systems show allocations and expenses for postage and all 
other mail costs separately from all other administrative expenses; and
    (h) How you are developing specific performance goals, maintaining 
performance data systems and relating mail management goals to your 
agency's mission-related goals.



Sec. 102-192.115  What less costly alternatives to expedited mail and couriers should your agency-wide mail management plan address?

    Your plan should address the following alternatives to expedited 
mail and couriers:
    (a) First Class and Priority Mail from the USPS;
    (b) Package delivery services from other service providers; and
    (c) Electronic transmission via e-mail, facsimile transmission, 
electronic commerce, the Internet, etc.



             Subpart F--Agency Mail Manager Responsibilities



Sec. 102-192.120  What is the appropriate managerial level for an agency mail manager?

    The agency mail manager should be at a managerial level that enables 
him or her to fulfill the requirements of Secs. 102-192.50 through 102-
192.65 and Sec. 102-192.125.



Sec. 102-192.125  What are my general responsibilities as an agency mail manager?

    In addition to carrying out the responsibilities in Sec. 192.50, an 
agency mail manager should:
    (a) Establish written policies and procedures to provide timely and 
cost effective dispatch and delivery of mail;
    (b) Ensure agency-wide awareness and compliance with standards and 
operational procedures established by all service providers used by the 
agency;
    (c) Monitor the agency's mailings and other mail management 
activities, especially expedited mail, mass mailings, mailing lists, and 
couriers, and seek opportunities to implement cost-effective 
improvements and/or to enhance performance of the agency's mission;
    (d) Develop and direct agency programs and plans for proper and 
cost-effective use of transportation, equipment, and supplies used for 
mail;
    (e) Although not required for other than large agencies, develop, 
implement and provide to GSA the agency's annual mail management and 
mail security plan (see subpart C) of this part;
    (f) Ensure that facility mail managers receive the training they 
need to perform their assigned duties;
    (g) Ensure that users at the program level receive the training 
needed to reduce, track and budget for their mailing expenses;
    (h) Ensure that expedited mail and couriers are used only when 
authorized by the Private Express Statutes (39 U.S.C. 601-606) and when 
necessary and cost-effective;
    (i) Establish written policies and procedures to minimize personal 
mail in incoming, outgoing, and internal agency mail;
    Note to paragraph (i):
    An agency may decide to accept and process personal mail for 
personnel living on a Federal facility, personnel stationed outside the 
United States, or personnel in other situations who would otherwise 
suffer hardship. Mailing costs associated with filing travel vouchers 
and payment of Government sponsored charge card billings are considered 
as ``incidental expenses'' as defined in the ``Per Diem Allowance'' in 
the Federal Travel Regulations (41 CFR 300-3.1).

[[Page 218]]

    (j) Establish and maintain a system that tracks the financial and 
other performance data discussed in Secs. 102-192.50 and 102-192.100;
    (k) Work with agency executives to ensure that, to the maximum 
practical extent, the person who makes the decision to mail any 
significant number of pieces of mail is the same person who controls the 
funds for postage;
    (l) Work with agency accounting personnel to ensure that financial 
systems show allocations and expenses for postage and all other mail 
costs separately from all other administrative expenses; and
    (m) Ensure that bills from all service providers are reconciled and 
paid on a timely basis.



            Subpart G--Facility Mail Manager Responsibilities



Sec. 102-192.130  What are my general responsibilities as a facility mail manager?

    As a Federal facility mail manager you should:
    (a) Implement policies and procedures developed by the agency mail 
manager, including cost control procedures;
    (b) Work to improve, streamline, and reduce the cost of mail 
practices and procedures by continually reviewing work processes 
throughout the facility and seeking opportunities for cost-effective 
change;
    (c) Work closely with all facility personnel, especially the program 
level users who develop large mailings, to minimize postage and 
associated printing expenses through improved mail piece design, mail 
list management, electronic transmission of data in lieu of mail, and 
other appropriate measures; keeping current on new technologies that 
could be applied to reduce your mailing costs;
    (d) Work with local managers to ensure that, to the maximum 
practical extent, the person who makes the decision to mail any 
significant number of pieces of mail is the same person who controls the 
funds for postage;
    (e) Ensure that expedited mail and couriers are used only when 
authorized by the Private Express Statutes (39 U.S.C. 601-606) and when 
necessary and cost-effective;
    (f) Provide centralized control of all mail processing activities at 
the facility, including all regularly scheduled, small package, and 
expedited service providers, couriers, equipment and personnel;
    (g) Review unauthorized use, loss, or theft of postage, including 
any unauthorized use of penalty or commercial mail stamps, meter 
impressions or other postage indicia, and immediately report such 
incidents to the agency Inspector General, internal security office, or 
other appropriate authority;
    (h) Provide training opportunities for all levels of agency 
personnel at the facility on cost-effective mailing practices for 
incoming, outgoing, internal mail and security;
    (i) Ensure that outgoing mail meets all the standards established by 
your service provider(s) for weight, size, hazardous materials content, 
etc.;
    (j) Produce and implement an agency mail management and mail 
security plan; and
    (k) Respond to the requirements of this part.



Sec. 102-192.135  What should I include when contracting out all or part of the mail function?

    Any contract for a mail function should require compliance with:
    (a) This part;
    (b) The Private Express Statutes (39 U.S.C. 601-606); and
    (c) All agency policies, procedures, and plans, including the agency 
wide mail management and mail security plan and, if applicable, facility 
mail security plans.



             Subpart H--Program-Level Mail Responsibilities



Sec. 102-192.140  Which program levels should have a mail manager?

    Every program level within a Federal agency that generates a 
significant quantity of outgoing mail should have a mail manager at the 
program level. It is up to each agency to decide which programs will 
have a full-time or part-time mail manager. In making this 
determination, the agency should consider the total volume of outgoing 
mail

[[Page 219]]

that is put into the mail stream by the program itself or by a printer, 
presort contractor, or other contractor on the program's behalf.



Sec. 102-192.145  What are the mail responsibilities at the program level?

    Your responsibilities at the program level include:
    (a) Ensuring that your program complies with all applicable mail 
policies and procedures, including this part;
    (b) Working closely with your program personnel to minimize postage 
and associated printing expenses through improved mail piece design, 
mail list management, electronic transmission of data in lieu of mail, 
and other appropriate measures;
    (c) Keeping current on new technologies and practices that could 
reduce your mailing costs and/or make your use of mail more effective;
    (d) Coordinating all of your program's large mailings and print jobs 
to ensure that the most efficient and effective procedures are used;
    (e) Providing training opportunities to your program personnel; and
    (f) Working closely with the agency mail manager, mail managers at 
all agency facilities that handle significant quantities of mail or 
print functions for your program, and mail technical experts.



             Subpart I--GSA's Responsibilities and Services



Sec. 102-192.150  What are GSA's responsibilities in mail management?

    Under the Federal Records Management Amendments of 1976, as amended 
(44 U.S.C 2904), GSA is required to provide guidance and assistance to 
Federal agencies to ensure economical and effective records management 
by such agencies (mail is one type of record, according to the Act). In 
carrying out its responsibilities under the Act, GSA is required to:
    (a) Promulgate standards, procedures, and guidelines;
    (b) Conduct research to improve practices and programs;
    (c) Collect and disseminate information on training programs, 
technological developments, etc.;
    (d) Establish an interagency committee (i.e., the Interagency Mail 
Policy Council) to provide an exchange of information among Federal 
agencies;
    (e) Conduct studies, inspections, or surveys;
    (f) Promote economy and efficiency in the selection and utilization 
of space, staff, equipment, and supplies; and
    (g) In the event of an emergency, communicate with agencies.



Sec. 102-192.155  What types of support does GSA offer to Federal agency mail management programs?

    GSA supports Federal agency mail management programs by:
    (a) Assisting development of agency policy and guidance in mail 
management and mail operations;
    (b) Identifying better business practices and sharing them with 
Federal agencies;
    (c) Developing and providing access to a Governmentwide management 
information system for mail;
    (d) Helping agencies develop performance measures and management 
information systems for mail;
    (e) Maintaining a current list of Agency Mail Managers;
    (f) Establishing, developing and maintaining interagency mail 
committees;
    (g) Maintaining liaison with the USPS and other service providers at 
the national level;
    (h) Maintaining a website for mail communications policy; and
    (i) Serving as a point of contact for mail issues. You may also 
contact GSA at: General Services Administration, Office of 
Governmentwide Policy, Mail Communications Policy Division (MTM), 1800 F 
Street, NW., STE 1221, Washington, DC 20405; e-mail: 
federal.mail@gsa.gov.

            Appendix A To Part 102-192--Large Agency Mailers

    As of December 2000, the following 26 large agencies met the 
definition of ``large agency'' in Sec. 102-192.35:

Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services

[[Page 220]]

Department of Housing and Urban Development
Department of Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
Department of Treasury
Department of Veterans Affairs
Environmental Protection Agency
Equal Employment Opportunity
Federal Deposit Insurance Corporation
Federal Emergency Management Agency
General Services Administration
Government Printing Office
Library Of Congress
National Aeronautics and Space Administration
National Science Foundation
Small Business Administration
Smithsonian Institution
Social Security Administration

          Appendix B To Part 102-192--Mail Center Security Plan

                              Introduction

    I. The mail center is a major gateway into any business or 
government agency. Each day, the typical mail center handles hundreds or 
thousands of items from routine letters to confidential documents, high 
value parcels, and even money. Security is critical for this critical 
nerve center. An effective mail center security program should address:

A. Risk Analysis
B. Employee Safety
C. Physical Security
D. Inbound Mail Procedures
E. Postage Security
F. Contractors
G. Continuity of Operations Planning
H. Communications
I. Training
J. Plan Review

    II. Some agencies have satellite locations with no official mail 
centers. Responsibilities for processing mail are divided among 
administrative and support staff. Although the security plan for mail 
operations may be limited for these smaller sites, each of the sections 
A. through J. of the appendix should be adopted when appropriate.
    III. A strong plan supplemented with regular training and reviews 
will help instill a culture that emphasizes the importance of good 
security. Maximize the success of the security plan by involving all 
members of your team--managers, employees, security managers and union 
representatives--during development.

                            A. Risk Analysis

    The first step in effective security is to conduct a risk analysis 
for your mail operation. While there are minimum standards that every 
agency should follow, your particular posture should reflect the mission 
of your agency.

                           B. Employee Safety

    The anthrax attacks reminded us all how important employee safety 
is. We do not know whether there will be another attack, so we should 
take the proper steps to ensure the safety of our employees.
    1. Personal protection equipment should be made available for all 
employees. These include gloves and masks. When using any form of 
respiratory equipment, the manager must make sure that proper OSHA 
standards are met. See appendix D of OSHA's Respiratory Protection 
standard for information about the use of respirators when such use is 
voluntary (29 CFR 1910.134, appendix D).
    2. Also, instruct employees to wash hands regularly with soap and 
water. At a minimum, hands should be washed when gloves are removed, 
before eating, and at the end of a shift.

                          C. Physical Security

    Managers need to address the physical security of the mail center.
    1. Place the mail center in an enclosed room, with defined points of 
entry. Limit access to those employees who work in the mail center, or 
who have immediate need for access, such as known couriers.
    2. Where appropriate, install controlled access equipment; key 
control, card readers or buzz entry are a few options. Additionally, 
each access point should be alarmed and monitored for after hours 
activity. Secure areas, such as safes or locked cabinets, should be 
established inside the mail center for meters, express shipments and 
valuables.
    3. Managers should draft detailed procedures for opening and closing 
the mail center. Logs with checklists should be posted and signed daily.

                       D. Inbound Mail Procedures

    1. The inbound mail operation should be separate from the rest of 
the mail center. All incoming mail should be isolated in an area where 
it can be inspected. Delivery personnel should have limited access to 
the facility and should be serviced at a counter.
    2. Establish a closed-loop manifest system for all accountable 
letters and packages (e.g., certified mail, UPS, FedEx). Verify the 
delivery manifest sheet to ensure that you have received all packages 
listed. All accountable mail should be signed for whenever possession 
changes. Always require a signature at the final point of delivery. File 
copies of the manifest by date.
    3. If possible, acquire an x-ray machine to scan mail. All mail, 
regardless of carrier, should be x-rayed. If volume does not permit 
this, x-ray all packages.

[[Page 221]]

    4. Mail center employees should be trained to recognize and report 
suspicious packages. Characteristics of a suspicious package or letter 
can vary depending upon the type of mail your operation regularly 
processes (see http://www.fbi.gov/pressrel/pressrel01/mail3.pdf for more 
information).

                           E. Postage Security

    Postage theft is a Federal offense and managers should be proactive 
in this area.
    1. Managers should integrate accounting procedures for all forms of 
postage--meters, stamps and permits. Meter logs must be accurately kept, 
and meters should be locked when not in use. Where feasible, the meter 
should be removed from the equipment and stored in a locked cabinet 
during off-hours.
    2. Establish additional controls to ensure proper access and 
accountability for permit envelopes and labels. Controls should be 
established for stamps and other carriers as well.

                             F. Contractors

    Some agencies use contractors to process their mail. This could be 
either an outsource provider that runs your mail center or a lettershop 
that handles your presort. It's important to remember that security of 
the mail is still the responsibility of the agency. Include the key 
points from your security plan in every contract, and conduct periodic 
reviews separate from the contract process.

                  G. Continuity of Operations Planning

    1. Managers should have a written continuity of operations plan 
(COOP) to deal with emergency situations. The plan should include:
    a. Name(s) of Mail Security Coordinator/Response Team
    b. Procedures on how to respond to a threat or incident
    c. Who to contact in the event of an emergency
    d. Location and contents of ``fly-away kit''
    e. Location/phone numbers of backup facility
    f. A list of critical documents and mail required for the agency to 
complete its mission
    2. Copies of this plan should be stored in easily accessible areas, 
including off-site.
    3. Also, you need to test the plan on a quarterly basis. Verify that 
all the information is up-to-date, that contacts, facilities access, and 
the call trees are correct.

                            H. Communications

    A good communications program is part of any successful mail 
operation and is critical for security issues. Make sure that the 
information being shared is factual, not opinion, and verify that it is 
up-to-date.
    1. Schedule regular meetings with a representative from the senior 
management of your agency (Executive Secretariat, Administrator, etc.). 
Review the steps you've taken to secure the mail, and address any 
outstanding issues.
    2. Develop a communications plan to be executed when responding to a 
threat. This plan should cover how to both acquire and distribute 
information. Prepare a list of trusted resources to acquire timely and 
accurate information (e.g., GSA, USPS, CDC, etc.). Organize a protocol 
for the approval and distribution of information on the status of the 
mail operation.

                               I. Training

    Education and awareness are the essential ingredients to 
preparedness. Employees must remain aware of their surroundings and the 
packages they handle. You must carefully design and vigorously monitor 
your security program to reduce the risk for all.
    1. Through training you can develop a culture of security awareness 
in your operation. Essential to ensuring employee confidence in their 
safety is the inclusion of union representatives or other employee 
representatives in developing and giving training. Managers should 
consider security training a critical element of their job.
    2. A complete training program will include:
    a. Basic security procedures;
    b. Recognizing and reporting suspicious packages;
    c. Proper use of personal protection equipment;
    d. Responding to a biological threat; and
    e. Responding to a bomb threat.
    3. Maintain a log of all employees and training attended, including 
the date completed. Follow up with refresher training on a regular 
basis.
    4. In addition to educating the employees who work for you, you must 
educate all employees who work in the facility on best mail practices 
including security measures. Employee awareness of the measures you have 
taken leads to confidence in the safety of the packages that are 
delivered to their desktops.

                             J. Plan Review

    The General Services Administration strongly recommends external 
review of your security plan. This may include a review by a consultant, 
your agency security department, or a peer review.



PART 102-193--CREATION, MAINTENANCE, AND USE OF RECORDS--Table of Contents




Sec.
102-193.5  What does this part cover?
102-193.10  What are the goals of the Federal Records Management 
          Program?

[[Page 222]]

102-193.15  What are the records management responsibilities of the 
          Administrator of General Services (the Administrator), the 
          Archivist of the United States (the Archivist), and the heads 
          of Federal agencies?
102-193.20  What are the specific agency responsibilities for records 
          management?
102-193.25  What type of records management business process 
          improvements should my agency strive to achieve?

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

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



Sec. 102-193.5  What does this part cover?

    This part prescribes policies and procedures related to the General 
Service Administration's (GSA) role to provide guidance on economic and 
effective records management for the creation, maintenance and use of 
Federal agencies' records. The National Archives and Records 
Administration Act of 1984 (the Act) (44 U.S.C. chapter 29) amended the 
records management statutes to divide records management 
responsibilities between GSA and the National Archives and Records 
Administration (NARA). Under the Act, GSA is responsible for economy and 
efficiency in records management and NARA is responsible for adequate 
documentation and records disposition. GSA regulations are codified in 
this part and NARA regulations are codified in 36 CFR Chapter XII. The 
policies and procedures of this part apply to all records, regardless of 
medium (e.g., paper or electronic), unless otherwise noted.



Sec. 102-193.10  What are the goals of the Federal Records Management Program?

    The statutory goals of the Federal Records Management Program are:
    (a) Accurate and complete documentation of the policies and 
transactions of the Federal Government.
    (b) Control of the quantity and quality of records produced by the 
Federal Government.
    (c) Establishment and maintenance of management controls that 
prevent the creation of unnecessary records and promote effective and 
economical agency operations.
    (d) Simplification of the activities, systems, and processes of 
records creation, maintenance, and use.
    (e) Judicious preservation and disposal of records.
    (f) Direction of continuing attention on records from initial 
creation to final disposition, with particular emphasis on the 
prevention of unnecessary Federal paperwork.



Sec. 102-193.15  What are the records management responsibilities of the Administrator of General Services (the Administrator), the Archivist of the United 
          States (the Archivist), and the Heads of Federal agencies?

    (a) The Administrator of General Services (the Administrator) 
provides guidance and assistance to Federal agencies to ensure 
economical and effective records management. Records management policies 
and guidance established by GSA are contained in this part and in parts 
102-194 and 102-195 of this chapter, records management handbooks, and 
other publications issued by GSA.
    (b) The Archivist of the United States (the Archivist) provides 
guidance and assistance to Federal agencies to ensure adequate and 
proper documentation of the policies and transactions of the Federal 
Government and to ensure proper records disposition. Records management 
policies and guidance established by the Archivist are contained in 36 
CFR Chapter XII and in bulletins and handbooks issued by the National 
Archives and Records Administration (NARA).
    (c) The Heads of Federal agencies must comply with the policies and 
guidance provided by the Administrator and the Archivist.



Sec. 102-193.20  What are the specific agency responsibilities for records management?

    You must follow both GSA regulations in this part and NARA 
regulations in 36 CFR Chapter XII to carry out your records management 
responsibilities. To meet the requirements of this part, you must take 
the following actions to establish and maintain the agency's records 
management program:
    (a) Assign specific responsibility to develop and implement 
agencywide records management programs to an

[[Page 223]]

office of the agency and to a qualified records manager.
    (b) Follow the guidance contained in GSA handbooks and bulletins and 
comply with NARA regulations in 36 CFR Chapter XII when establishing and 
implementing agency records management programs.
    (c) Issue a directive establishing program objectives, 
responsibilities, authorities, standards, guidelines, and instructions 
for a records management program.
    (d) Apply appropriate records management practices to all records, 
irrespective of the medium (e.g., paper, electronic, or other).
    (e) Control the creation, maintenance, and use of agency records and 
the collection and dissemination of information to ensure that the 
agency:
    (1) Does not accumulate unnecessary records while ensuring 
compliance with NARA regulations for adequate and proper documentation 
and records disposition in 36 CFR parts 1220 and 1228.
    (2) Does not create forms and reports that collect information 
inefficiently or unnecessarily.
    (3) Reviews all existing forms and reports (both those originated by 
the agency and those responded to by the agency but originated by 
another agency or branch of Government) periodically to determine if 
they can be improved or canceled.
    (4) Maintains records economically and in a way that allows them to 
be retrieved quickly and reliably.
    (5) Keeps mailing and copying costs to a minimum.
    (f) Establish standard stationery formats and styles.
    (g) Establish standards for correspondence to use in official agency 
communications, and necessary copies required, and their distribution 
and purpose.



Sec. 102-193.25  What type of records management business process improvements should my agency strive to achieve?

    Your agency should strive to:
    (a) Improve the quality, tone, clarity, and responsiveness of 
correspondence;
    (b) Design forms that are easy to fill-in, read, transmit, process, 
and retrieve, and reduce forms reproduction costs;
    (c) Provide agency managers with the means to convey written 
instructions to users and document agency policies and procedures 
through effective directives management;
    (d) Provide agency personnel with the information needed in the 
right place, at the right time, and in a useful format;
    (e) Eliminate unnecessary reports and design necessary reports for 
ease of use;
    (f) Provide rapid handling and accurate delivery of mail at minimum 
cost; and
    (g) Organize agency files in a logical order so that needed records 
can be found rapidly to conduct agency business, to ensure that records 
are complete, and to facilitate the identification and retention of 
permanent records and the prompt disposal of temporary records. 
Retention and disposal of records is governed by NARA regulations in 36 
CFR Chapter XII.



PART 102-194--STANDARD AND OPTIONAL FORMS MANAGEMENT PROGRAM--Table of Contents




Sec.
102-194.5   What is the Standard and Optional Forms Management Program?
102-194.10   What is a Standard form?
102-194.15   What is an Optional form?
102-194.20   What is an electronic Standard or Optional form?
102-194.25   What is an automated Standard or Optional format?
102-194.30   What role does my agency play in the Standard and Optional 
          Forms Management Program?
102-194.35   Should I create electronic Standard or Optional forms?
102-194.40   For what Standard or Optional forms should an electronic 
          version not be made available?
102-194.45   Who should I contact about Standard and Optional forms?

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

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

[[Page 224]]



Sec. 102-194.5  What is the Standard and Optional Forms Management Program?

    The Standard and Optional Forms Management Program is a 
Governmentwide program that promotes economies and efficiencies through 
the development, maintenance and use of common forms. The General 
Services Administration (GSA) provides additional guidance on the 
Standard and Optional Forms Management Program through an external 
handbook called Standard and Optional Forms Procedural Handbook. You may 
obtain a copy of the handbook from:

Standard and Optional Forms Management Office General Services 
Administration (Forms-XR)
1800 F Street, NW.; Room 7126
Washington, DC 20405-0002
(202) 501-0581
http://www.gsa.gov/forms



Sec. 102-194.10  What is a Standard form?

    A Standard form is a fixed or sequential order of data elements, 
prescribed by a Federal agency through regulation, approved by GSA for 
mandatory use, and assigned a Standard form number. This criterion is 
the same whether the form resides on paper or purely electronic.



Sec. 102-194.15  What is an Optional form?

    An Optional form is approved by GSA for nonmandatory Governmentwide 
use and is used by two or more agencies. This criteria is the same 
whether the form resides on paper or purely electronic.



Sec. 102-194.20  What is an electronic Standard or Optional form?

    An electronic Standard or Optional form is an officially prescribed 
set of data residing in an electronic medium that is used to produce a 
mirror-like image or as near to a mirror-like image as the creation 
software will allow of the officially prescribed form.



Sec. 102-194.25  What is an automated Standard or Optional format?

    An automated Standard or Optional format is an electronic version of 
the officially prescribed form containing the same data elements and 
used for the electronic transaction of information in lieu of using a 
Standard or Optional form.



Sec. 102-194.30  What role does my agency play in the Standard and Optional Forms Management Program?

    Your agency head or designee's role is to:
    (a) Designate an agency-level Standard and Optional Forms Liaison 
representative and alternate, and notify GSA, in writing, of their 
names, titles, mailing addresses, telephone numbers, fax numbers, and e-
mail addresses within 30 days of the designation or redesignation.
    (b) Promulgate Governmentwide Standard forms under the agency's 
statutory or regulatory authority in the Federal Register, and issue 
procedures on the mandatory use, revision, or cancellation of these 
forms.
    (c) Ensure that the agency complies with the provisions of the 
Government Paperwork Elimination Act (GPEA) (Public Law 105-277, 112 
Stat 2681), Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
74d), as amended, the Architectural and Transportation Barriers 
Compliance Board (Access Board) Standards (36 CFR part 1194), and OMB 
implementing guidance. In particular, agencies should allow the 
submission of Standard and Optional forms in an electronic/automated 
version unless the form is specifically exempted by Sec. 102-194.40.
    (d) Issue Governmentwide Optional forms when needed by two or more 
agencies and announce the availability, revision, or cancellation of 
these forms. Forms prescribed through a regulation for use by the 
Federal Government must be issued as a Standard form.
    (e) Obtain GSA approval for each new, revised or canceled Standard 
and Optional form, 60 days prior to planned implementation. Certify that 
the forms comply with all applicable laws and regulations. Provide an 
electronic form unless exempted by Sec. 102-194.40. Revised forms not 
approved by GSA will result in cancellation of the form.
    (f) Provide GSA with both an electronic (unless exempted by 
Sec. 102-194.40) and paper version of the official image of the Standard 
or Optional form prior to implementation.

[[Page 225]]

    (g) Obtain the prescribing agency's approval for exceptions to 
Standard and Optional forms, including electronic forms or automated 
formats prior to implementation.
    (h) Review annually agency prescribed Standard and Optional forms, 
including exceptions, for improvement, consolidation, cancellation, or 
possible automation. The review must include approved electronic 
versions of the forms.
    (i) Coordinate all health-care related Standard and Optional forms 
through GSA for the approval of the Interagency Committee on Medical 
Records (ICMR).
    (j) Promote the use of electronic forms within the agency by 
following what the Government Paperwork Elimination Act (GPEA) 
prescribes and all guidance issued by the Office of Management and 
Budget and other responsible agencies. This guidance will promote the 
use of electronic transactions and electronic signatures.
    (k) Notify GSA of the replacement of any Standard or Optional form 
by an automated format or electronic form, and its impact on the need to 
stock the paper form. GSA's approval is not necessary for this change, 
but a one-time notification should be made.
    (l) Follow the specific instructions in the Standard and Optional 
Forms Procedural Handbook.



Sec. 102-194.35  Should I create electronic Standard or Optional forms?

    Yes, you should create electronic Standard or Optional forms, 
especially when forms are used to collect information from the public. 
GSA will not approve a new or revision to a Standard or Optional form 
unless an electronic form is being made available. Only forms covered by 
Sec. 102-194.40 are exempt from this requirement. Furthermore, you 
should to the extent possible, use electronic form products and services 
that are based on open standards. However, the use of proprietary 
products is permitted, provided that the end user is not required to 
purchase a specific product or subscription to use the electronic 
Standard or Optional form.



Sec. 102-194.40  For what Standard or Optional forms should an electronic version not be made available?

    All forms should include an electronic version unless it is not 
practicable to do so. Areas where it may not be practicable include 
where the form has construction features for specialized use (e.g., 
labels), to prevent unauthorized use or could otherwise risk a security 
violation, (e.g., classification cover sheets), or require unusual 
production costs (e.g., specialized paper or envelopes). Such forms can 
be made available as an electronic form only if the originating agency 
approves an exception to do so. (See the Standard and Optional Forms 
Procedural Handbook for procedures and a list of these forms).



Sec. 102-194.45  Who should I contact about Standard and Optional forms?

    For Standard and Optional forms, you should contact the:

Standard and Optional Forms Management Office General Services 
Administration (Forms-XR)
1800 F Street, NW.; Room 7126
Washington, DC 20405-0002
(202) 501-0581



PART 102-195--INTERAGENCY REPORTS MANAGEMENT PROGRAM--Table of Contents




Sec.
102-195.5  What is the Interagency Reports Management Program and what 
          is its purpose?
102-195.10  What is an interagency report?
102-195.15  What must an agency do to implement the Interagency Reports 
          Management Program?
102-195.20  Are any interagency reports exempt from this program?

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

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



Sec. 102-195.5  What is the Interagency Reports Management Program and what is its purpose?

    The Interagency Reports Management Program managed by GSA ensures 
that interagency reports and recordkeeping requirements are necessary, 
cost-effective, and comply with applicable laws and regulations.

[[Page 226]]



Sec. 102-195.10  What is an interagency report?

    An interagency report is a repetitive reporting requirement imposed 
by an agency on one or more other agencies.



Sec. 102-195.15  What must an agency do to implement the Interagency Reports Management Program?

    To implement the Interagency Reports Management Program an agency 
must:
    (a) Annually review all interagency reporting requirements imposed 
on other agencies to assure that they remain necessary.
    (b) Consistent with law and regulation, seek information that other 
agencies have already obtained from the public rather than asking the 
public to provide the information again.
    (c) Every three years beginning November 1, 2001, provide the 
following information to GSA for each interagency report that will 
require the responding agencies as a whole to take more than 100 hours 
complying with it:
    (1) Title.
    (2) Purpose.
    (3) Estimate of the reporting costs for the life of the report or 
for three years, whichever is sooner.
    (4) An estimate of the time you will need to collect this 
information; e.g., six months or six years.
    (5) The name, telephone number, and e-mail address for the point of 
contact for each interagency report.
    (6) Whether the report can be provided electronically, and if not, 
when such submissions will be allowed.
    (d) Provide supporting documentation for cost estimates for review 
by GSA and responding agencies, if requested.
    (e) Notify GSA and responding agencies when an interagency report is 
no longer needed.
    (f) Provide responding agencies an opportunity to comment on any new 
or proposed revision to an interagency reporting requirement.
    (g) Send information asked for in paragraphs (c), (d) and (e) of 
this section, along with any unresolved comments from responding 
agencies concerning an interagency reporting requirement in accordance 
with paragraph (f) of this section to:

General Services Administration
Strategic IT Issues Division (MKB)
1800 F Street, NW.
Washington, DC 20405



Sec. 102-195.20  Are any interagency reports exempt from this program?

    Yes, the following interagency reports are exempt from the 
Interagency Reports Management Program:
    (a) Legislative branch reports;
    (b) Office of Management and Budget (OMB) and other Executive Office 
of the President reports;
    (c) Judicial branch reports required by court order or decree; and
    (d) Reporting requirements for security of classified information. 
However, interagency reporting requirements for nonsensitive or 
unclassified sensitive information are not exempt, even if the 
information is later given a security classification by the requesting 
agency.

          PART 102-196--FEDERAL FACILITY RIDESHARING [RESERVED]

                    PARTS 102-197--102-220 [RESERVED]



                       SUBCHAPTERS H-Z [RESERVED]



[[Page 227]]



                       CHAPTERS 103-104 [RESERVED]



[[Page 229]]



              CHAPTER 105--GENERAL SERVICES ADMINISTRATION




  --------------------------------------------------------------------
Part                                                                Page
105-1           Introduction................................         231
105-8           Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by General Services 
                    Administration..........................         233
105-50          Provision of special or technical services 
                    to State and local units of government..         244
105-51          Uniform relocation assistance and real 
                    property acquisition for Federal and 
                    federally assisted programs.............         249
105-53          Statement of organization and functions.....         249
105-54          Advisory committee management...............         256
105-55          Collection of claims owed the United States.         267
105-56          Salary offset for indebtedness of General 
                    Services Adminstration employees to the 
                    United States...........................         271
105-57          Collection of debts by tax refund offset....         276
105-60          Public availability of agency records and 
                    informational materials.................         277
105-62          Document security and declassification......         294
105-64          Regulations implementing the Privacy Act of 
                    1974....................................         299
105-67          Sale of personal property...................         308
105-68          Governmentwide debarment and suspension 
                    (nonprocurement) and governmentwide 
                    requirements for drug-free workplace 
                    (grants)................................         309
105-69          New restrictions on lobbying................         328
105-70          Implementation of the Program Fraud Civil 
                    Remedies Act of 1986....................         339
105-71          Uniform administrative requirements for 
                    grants and cooperative agreements with 
                    State and local governments.............         354
105-72          Uniform administrative requirements for 
                    grants and agreements with institutions 
                    of higher education, hospitals, and 
                    other non-profit organizations..........         381
105-735         Standards of conduct........................         408

[[Page 231]]



PART 105-1--INTRODUCTION--Table of Contents




Sec.
105-1.000-50  Scope of part.

                   Subpart 105-1.1--Regulations System

105-1.100  Scope of subpart.
105-1.101  General Services Administration Property Management 
          Regulations.
105-1.101-50  Exclusions.
105-1.102  Relationship of GSPMR to FPMR.
105-1.104  Publication of GSPMR.
105-1.106  Applicability.
105-1.109  Numbering.
105-1.109-50  General plan.
105-1.109-51  Arrangement.
105-1.109-52  Cross-references.
105-1.110  Deviation.
105-1.150  Citation.

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

    Source: 39 FR 25231, July 9, 1974, unless otherwise noted.



Sec. 105-1.000-50  Scope of part.

    This part describes the method by which the General Services 
Administration (GSA) implements and supplements the Federal Property 
Management Regulations (FPMR) and implements certain regulations 
prescribed by other agencies. It contains procedures that implement and 
supplement part 101-1 of the FPMR.



                   Subpart 105-1.1--Regulations System



Sec. 105-1.100  Scope of subpart.

    This subpart establishes the General Services Administration 
Property Management Regulations (GSPMR) and provides certain 
introductory material.



Sec. 105-1.101  General Services Administration Property Management Regulations.

    The General Services Administration Property Management Regulations 
(GSPMR) include the GSA property management policies and procedures 
which, together with the Federal Property Management Regulations, 
certain regulations prescribed by other agencies, and various GSA orders 
govern the management of property and records and certain related 
activities of GSA. They may contain policies and procedures of interest 
to other agencies and the general public and are prescribed by the 
Administrator of General Services in this chapter 105.



Sec. 105-1.101-50  Exclusions.

    (a) Certain GSA property management and related policies and 
procedures which come within the scope of this chapter 105 nevertheless 
may be excluded therefrom when there is justification. These exclusions 
may include the following categories:
    (1) Subject matter that bears a security classification;
    (2) Policies and procedures that are expected to be effective for a 
period of less than 6 months;
    (3) Policies and procedures that are effective on an experimental 
basis for a reasonable period;
    (4) Policies and procedures pertaining to other functions of GSA as 
well as property management functions and there is need to make the 
issuance available simultaneously to all GSA employees involved; and
    (5) Where speed of issuance is essential, numerous changes are 
required in chapter 105, and all necessary changes cannot be made 
promptly.
    (b) Property management policies and procedures issued in other than 
the FPMR system format under paragraphs (a)(4) and (5) of this section, 
shall be codified into chapter 105 at the earliest practicable date, but 
in any event not later than 6 months from date of issuance.



Sec. 105-1.102  Relationship of GSPMR to FPMR.

    (a) GSPMR implement and supplement the FPMR and implement certain 
other regulations. They are part of the General Services Administration 
Regulations System. Material published in the FPMR (which has 
Governmentwide applicability) becomes effective throughout GSA upon the 
effective date of the particular FPMR material. In general, the FPMR 
that are implemented and supplemented shall not be repeated, 
paraphrased, or otherwise restated in chapter 105.
    (b) Implementing is the process of expanding upon the FPMR or other 
Government-wide regulations.

[[Page 232]]

Supplementing is the process of prescribing material for which there is 
no counterpart in the Government-wide regulations.
    (c) GSPMR may deviate from the regulations that are implemented when 
a deviation (see Sec. 105-1.110) is authorized in and explicitly 
referenced to such regulations. Where chapter 105 contains no material 
implementing the FPMR, the FPMR shall govern.



Sec. 105-1.104  Publication of GSPMR.

    (a) Most GSPMR are published in the Federal Register. This practice 
helps to ensure that interested business concerns, other agencies, and 
the public are apprised of GSA policies and procedures pertaining to 
property and records management and certain related activities.
    (b) Most GSPMR are published in cumulative form in chapter 105 of 
title 41 of the Code of Federal Regulations. The Federal Register and 
title 41 of the Code of Federal Regulations may be purchased from the 
Superintendent of Documents, Government Printing Office, Washington, 
D.C. 20402.



Sec. 105-1.106  Applicability.

    Chapter 105 applies to the management of property and records and to 
certain other programs and activities of GSA. Unless otherwise 
specified, chapter 105 applies to activities outside as well as within 
the United States.



Sec. 105-1.109  Numbering.



Sec. 105-1.109-50  General plan.

    Chapter 105 is divided into parts, subparts, and further 
subdivisions as necessary.



Sec. 105-1.109-51  Arrangement.

    (a) Parts 105-2 through 105-49 are used for GSPMR that implement 
regulations in the corresponding parts of chapter 101. This practice 
results in comparable grouping by subject area without establishment of 
subchapters.
    (b) Parts 105-50 and above are used for GSPMR that supplement 
regulations in the FPMR and implement regulations of other agencies. 
Part numbers are assigned so as to accomplish a similar subject area 
grouping. Regulations on advisory committee management are recodified as 
part 105-54 to place them in the appropriate subject area category. 
Regulations on standards of conduct remain in part 105-735 because the 
number 735 identifies regulations of the U.S. Civil Service Commission 
and various civil agencies on this subject.



Sec. 105-1.109-52  Cross-references.

    (a) Within chapter 105, cross-references to the FPMR shall be made 
in the same manner as used within the FPMR. Illustrations of cross-
references to the FPMR are:
    (1) Part 101-3;
    (2) Subpart 101-3.1;
    (3) Sec. 101-3.413-5.
    (b) Within chapter 105, cross-references to parts, subparts, 
sections, and subsections of chapter 105 shall be made in a manner 
generally similar to that used in making cross-references to the FPMR. 
For example, this paragraph would be referenced as Sec. 105-1.109-52(b).



Sec. 105-1.110  Deviation.

    (a) In the interest of establishing and maintaining uniformity to 
the greatest extent feasible, deviations; i.e., the use of any policy or 
procedure in any manner that is inconsistent with a policy or procedure 
prescribed in the Federal Property Management Regulations, are 
prohibited unless such deviations have been requested from and approved 
by the Administrator of General Services or his authorized designee. 
Deviations may be authorized by the Administrator of General Services or 
his authorized designee when so doing will be in the best interest of 
the Government. Request for deviations shall clearly state the nature of 
the deviation and the reasons for such special action.
    (b) Requests for deviations from the FPMR shall be sent to the 
General Services Administration for consideration in accordance with the 
following:
    (1) For onetime (individual) deviations, requests shall be sent to 
the address provided in the applicable regulation. Lacking such 
direction, requests shall be sent to the Administrator of General 
Services, Washington, DC 20405.

[[Page 233]]

    (2) For class deviations, requests shall be sent to only the 
Administrator of General Services.

[55 FR 1673, Jan. 18, 1990]



Sec. 105-1.150  Citation.

    (a) In formal documents, such as legal briefs, citations of chapter 
105 material shall include a citation to title 41 of the Code of Federal 
Regulations or other titles as appropriate; e.g., 41 CFR 105-1.150.
    (b) Any section of chapter 105, for purpose of brevity, may be 
informally identified as ``GSPMR'' followed by the section number. For 
example, this paragraph would be identified as ``GSPMR 105-1.150(b).''



PART 105-8--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL SERVICES ADMINISTRATION--Table of Contents




Sec.
105-8.101  Purpose.
105-8.102  Application.
105-8.103  Definitions.
105-8.104--105-8.109  [Reserved]
105-8.110  Self-evaluation.
105-8.111  Notice.
105-8.112--105-8.129  [Reserved]
105-8.130  General prohibitions against discrimination.
105-8.131--105-8.139  [Reserved]
105-8.140  Employment.
105-8.141--105-8.147  [Reserved]
105-8.148  Consultation with the Architectural and Transportation 
          Barriers Compliance Board.
105-8.149  Program accessibility: Discrimination prohibited.
105-8.150  Program accessibility: Existing facilities.
105-8.150-1  General.
105-8.150-2  Methods.
105-8.150-3  Time period for compliance.
105-8.150-4  Transition plan.
105-8.151  rogram accessibility: New construction and alterations.
105-8.152  Program accessibility: Assignment of space.
105-8.153  Program accessibility: Interagency cooperation.
105-8.153-1  General.
105-8.153-2  Requests from occupant agencies.
105-8.154  Program accessibility: Exceptions.
105-8.155--105-8.159  [Reserved]
105-8.160  Communications.
105-8.161--105-8.169  [Reserved]
105-8.170  Compliance procedures.
105-8.170-1  Applicability.
105-8.170-2  Employment complaints.
105-8.170-3  Responsible Official.
105-8.170-4  Filing a complaint.
105-8.170-5  Notification to the Architectural and Transportation 
          Barriers Compliance Board.
105-8.170-6  Acceptance of complaint.
105-8.170-7  Investigation/conciliation.
105-8.170-8  Letter of findings.
105-8.170-9  Filing an appeal.
105-8.170-10  Acceptance of appeals.
105-8.170-11  Hearing.
105-8.170-12  Decision.
105-8.170-13  Delegation.
105-8.171  Complaints against an occupant agency.

    Authority: 29 U.S.C. 794.

    Source: 56 FR 9871, Mar. 8, 1991, unless otherwise noted.



Sec. 105-8.101  Purpose.

    The purpose of this part is to effectuate section 119 of the 
Rehabilitation, Comprehensive Services, and Developmental Disabilities 
Amendments of 1978, which amended section 504 of the Rehabilitation Act 
of 1973 to prohibit discrimination on the basis of handicap in programs 
or activities conducted by Executive agencies or the United States 
Postal Service.



Sec. 105-8.102  Application.

    This part applies to all programs or activities conducted by the 
agency, except for programs or activities conducted outside the United 
States that do not involve individuals with handicaps in the United 
States.



Sec. 105-8.103  Definitions.

    For purposes of this part, the term--
    Agency means the General Services Administration (GSA), except when 
the context indicates otherwise.
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in and enjoy the benefits of programs or 
activities conducted by GSA. For example, auxiliary aids useful for 
persons with impaired vision include readers, Brailed materials, audio

[[Page 234]]

recordings, and other similar services and devices. Auxiliary aids 
useful for persons with impaired hearing include telephone handset 
amplifiers, telephones compatible with hearing aids, telecommunication 
devices for deaf persons (TDD's), interpreters, notetakers, written 
materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Historic preservation program means programs conducted by the agency 
that have preservation of historic properties as a primary purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Individual with handicaps means any person who has a physical or 
mental impairment that substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as having 
such an impairment. As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``Physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech, and hearing impairments, 
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, 
cancer, heart disease, diabetes, mental retardation, emotional illness, 
and drug addiction and alcoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (a) of this 
definition but is treated by the agency as having such an impairment.
    Official or Responsible Official means the Director of the Civil 
Rights Division of the General Services Administration or his or her 
designee.
    Qualified individual with handicaps means--
    (1) With respect to any agency program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, an individual with handicaps who meets the essential 
eligibility requirements and who can achieve the purpose of the program 
or activity without modifications in the program or activity that the 
agency can demonstrate would result in a fundamental alteration in its 
nature;
    (2) With respect to any other program or activity, an individual 
with handicaps who meets the essential eligibility requirements for 
participation

[[Page 235]]

in, or receipt of benefits from, that program or activity; and
    (3) Qualified handicapped person as that term is defined for 
purposes of employment in 29 CFR 1613.702(f), which is made applicable 
to this part by Sec. 105-8.140.
    Respondent means the organizational unit in which a complainant 
alleges that discrimination occurred.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); 
the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the 
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810); 
the Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102 Stat. 
28); and Handicapped Program Technical Amendments Act of 1988 (Pub. L. 
100-630, 102 Stat. 3312). As used in this part, section 504 applies only 
to programs or activities conducted by the agency and not to federally 
assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration of historic properties.



Secs. 105-8.104--105-8.109  [Reserved]



Sec. 105-8.110  Self-evaluation.

    (a) The agency shall, by March 9, 1992, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including individuals with handicaps or organizations representing 
individuals with handicaps, to participate in the self-evaluation 
process by submitting comments (both oral and written).
    (c) The agency shall, for at least three years following completion 
of the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A list of interested persons consulted;
    (2) A description of the areas examined and any problems identified 
and;
    (3) A description of any modifications made or to be made.



Sec. 105-8.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the Administrator finds 
necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this part.



Secs. 105-8.112--105-8.129  [Reserved]



Sec. 105-8.130  General prohibitions against discrimination.

    (a) No qualified individual with handicaps shall, on the basis of 
handicap, be excluded from participation in, be denied the benefits of, 
or otherwise be subjected to discrimination under any program or 
activity conducted by the agency.
    (1) The agency, in providing any aid, benefit, or service, may not, 
directly or through contractual, licensing, or other arrangements, on 
the basis of handicap--
    (i) Deny a qualified individual with handicaps the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with handicaps an opportunity to 
participate in or benefit from aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified individual with handicaps with an aid, 
benefit, or service that is not as effective in affording equal 
opportunity to obtain the same result, to gain the same benefit, or to 
reach the same level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with handicaps or to any class of individuals with handicaps 
than is provided to others unless such action is necessary to

[[Page 236]]

provide qualified individuals with handicaps with aid, benefits, or 
services that are as effective as those provided to others;
    (v) Deny a qualified individual with handicaps the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified individual with handicaps in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified individual with handicaps 
the opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified individuals with handicaps to discrimination 
on the basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to individuals with handicaps.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with handicaps from, deny them the benefits 
of, or otherwise subject them to discrimination under any program or 
activity conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
handicaps.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified individuals with handicaps to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified individuals with handicaps 
to discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licenses or certified 
entities that subject qualified individuals with handicaps to 
discrimination on the basis of handicap. However, the programs or 
activities of entities that are licensed or certified by the agency are 
not, themselves, covered by part.
    (b) The exclusion of persons without handicaps from the benefits of 
a program limited by Federal statute or Executive order to individuals 
with handicaps or the exclusion of a specific class of individuals with 
handicaps from a program limited by Federal statute or Executive order 
to a different class of individuals with handicaps is not prohibited by 
this part.
    (c) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with handicaps.



Secs. 105-8.131--105-8.139  [Reserved]



Sec. 105-8.140  Employment.

    No qualified individual with handicaps shall, on the basis of 
handicap, be subjected to discrimination in employment under any program 
or activity conducted by the agency. The definitions, requirements, and 
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791), as established by the Equal Employment Opportunity Commission in 
29 CFR part 1613, shall apply to employment in federally conducted 
programs or activities.



Secs. 105-8.141--105-8.147  [Reserved]



Sec. 105-8.148  Consultation with the Architectural and Transportation Barriers Compliance Board.

    GSA shall consult with the Architectural and Transportation Barriers 
Compliance Board (ATBCB) in carrying out its responsibilities under this 
part concerning architectural barriers in facilities that are subject to 
GSA control. GSA shall also consult with the ATBCB in providing 
technical assistance to other Federal agencies with respect to 
overcoming architectural barriers in facilities. The agency's Public 
Buildings Service shall implement this section.



Sec. 105-8.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Secs. 105-8.150 and 105-8.154, no 
qualified individual with handicaps shall, because

[[Page 237]]

the agency's facilities are inaccessible to or unusable by individuals 
with handicaps, be denied the benefits of, be excluded from 
participation in, or otherwise be subjected to discrimination under any 
program or activity conducted by the agency.



Sec. 105-8.150  Program accessibility: Existing facilities.



Sec. 105-8.150-1  General.

    The agency shall operate each program or activity so that the 
program or activity, when viewed in its entirety, is readily accessible 
to and usable by individuals with handicaps. This section does not--
    (a) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by individuals with handicaps; or
    (b) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property.



Sec. 105-8.150-2  Methods.

    (a) General. The agency may comply with the requirements of 
Sec. 105-8.150 through such means as redesign of equipment, reassignment 
of services to accessible buildings, assignment of aides to 
beneficiaries, home visits, delivery of services at alternate accessible 
sites, alteration of existing facilities and construction of new 
facilities, use of accessible rolling stock, or any other methods that 
result in making its programs or activities readily accessible to and 
usable by individuals with handicaps. The agency is not required to make 
structural changes in existing facilities where other methods are 
effective in achieving compliance with this section. The agency, in 
making alterations to existing buildings, shall meet accessibility 
requirements to the extent compelled by the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), and any regulations 
implementing it. In choosing among available methods for meeting the 
requirements of this section, the agency shall give priority to those 
methods that offer programs and activities to qualified individuals with 
handicaps in the most integrated setting appropriate.
    (b) Historic preservation programs. In meeting the requirements of 
Sec. 105-8.105-1 in historic preservation programs, the agency shall 
give priority to methods that provide physical access to individuals 
with handicaps. In cases where a physical alteration to a historic 
property is not required because of Secs. 105-8.105-1(b) or 105-8.154 
alternative methods of achieving program accessibility include--
    (1) Using audio-visual materials and devices to depict those 
portions of a historic property that cannot otherwise be made 
accessible;
    (2) Assigning persons to guide individuals with handicaps into or 
through portions of historic properties that cannot otherwise be made 
accessible; or
    (3) Adopting other innovative methods.



Sec. 105-8.150-3  Time period for compliance.

    The agency shall comply with the obligations established under 
Sec. 105-8.150 by May 7, 1991; except where structural changes in 
facilities are undertaken, such changes shall be made by March 8, 1994, 
but in any event as expeditiously as possible.



Sec. 105-8.150-4  Transition plan.

    In the event that structural changes to facilities will be 
undertaken to achieve program accessibility, the agency shall develop, 
by March 9, 1992; the transition plan setting forth the steps necessary 
to complete such changes. The agency shall provide an opportunity to 
interested persons, including individuals with handicaps or 
organizations representing individuals with handicaps, to participate in 
the development of the transition plan by submitting comments (both oral 
and written). A copy of the transition plan shall be made available for 
public inspection. The plan shall, at a minimum--
    (a) Identify physical obstacles in the facilities occupied by GSA 
that limit the accessibility of its programs or activities to 
individuals with handicaps;

[[Page 238]]

    (b) Describe in detail the methods that will be used to make the 
facilities accessible;
    (c) Specify the schedule for taking the steps necessary to achieve 
compliance with Sec. 105-8.150 and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (d) Indicate the official responsible for implementation of the 
plan.



Sec. 105-8.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, of for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with handicaps. The definitions, requirements, and standards 
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established 
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.



Sec. 105.8.152  Program accessibility: Assignment of space.

    (a) When GSA assigns or reassigns space to an agency, it shall 
consult with the agency to ensure that the assignment or reassignment 
will not result in one or more of the agency's programs or activities 
being inaccessible to individuals with handicaps.
    (b) Prior to the assignment or reassignment of space to an agency, 
GSA shall inform the agency of the accessibility, and/or the absence of 
accessibility features, of the space in which GSA intends to locate the 
agency. If the agency informs GSA that the use of the space will result 
in one or more of the agency's programs being inaccessible, GSA shall 
take one or more of the following actions to make the programs 
accessible:
    (1) Arrange for alterations, improvements, and repairs to buildings 
and facilities;
    (2) Locate and provide alternative space that will not result in one 
or more of the agency's programs being inaccessible; or
    (3) Take any other actions that result in making this agency's 
programs accessible.

The responsibility for payment to make the physical changes in the space 
shall be assigned on a case-by-case basis as agreed to by GSA and the 
user agency, dependent on individual circumstances.
    (c) GSA may not require the agency to accept space that results in 
one or more of the agency's programs being inaccessible.



Sec. 105-8.153  Program accessibility: Interagency cooperation.



Sec. 105-8.153-1  General.

    GSA, upon request from an occupant agency engaged in the development 
of a transition plan under section 504, shall participate with the 
occupant agency in the development and implementation of the transition 
plan and shall provide information and guidance to the occupant agency. 
Upon request, GSA shall conduct space inspections to assist the agency 
in determining whether a current assignment of space results in one or 
more of the occupant agency's programs or activities being inaccessible. 
GSA shall provide the occupant agency with a written summary of 
significant findings and recommendations, together with data concerning 
programmed repairs and alterations planned by GSA and alterations that 
can be effected by the agency.



Sec. 105-8.153-2  Requests from occupant agencies.

    (a) Upon receipt of an occupant agency's request for new space, 
additional space, relocation to accessible space, alterations, or other 
actions under GSA's control that are needed to ensure program 
accessibility in the requesting agency's program(s) as required by the 
agency's section 504 transition plan, GSA shall assist or advise the 
requesting agency in providing or arranging for the requested action 
within the timeframes specified in the requesting agency's transition 
plan.
    (b) If the requested action cannot be completed within the time 
frame specified in an agency's transition plan, GSA shall so advise the 
requesting agency within 30 days of the request by submitting, after 
consultation with the agency, a revised schedule specifying the date by 
which the action shall be

[[Page 239]]

completed. If the delay in completing the action results in or continues 
the inaccessibility of the requesting agency's program, GSA and the 
agency shall, after consultation, take interim measures to make the 
agency's program accessible.
    (c) If GSA determines that it is unable to take the requested 
action, GSA shall--
    (1) Within 30 days, set forth in writing to the requesting agency 
the reasons for denying the agency's request, and
    (2) Within 90 days, propose to the requesting agency other methods 
for making the agency's program accessible.
    (d) Receipt of a copy of an occupant agency's transition plan under 
section 504 shall constitute notice to GSA of the requested actions in 
the transition plan and of the times frames which the actions are 
required to be completed.



Sec. 105-8.154  Program accessibility: Exceptions.

    Sections 105-8.150, 105-8.152, and 105-8.153 do not require GSA to 
take any action that it can demonstrate would result in a fundamental 
alteration in the nature of a program or activity or in undue financial 
and administrative burdens. In those circumstances where GSA personnel 
believe that the proposed action would fundamentally alter the program 
or activity or would result in undue financial and administrative 
burdens, the agency has the burden of proving that compliance would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the Administrator 
or his or her designee after considering all resources available for use 
in the funding and operation of the conducted program or activity, and 
must be accompanied by a written statement of the reasons for reaching 
that conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
individuals with handicaps receive the benefits and services of the 
program or activity.



Secs. 105-8.155--105-8.159  [Reserved]



Sec. 105-8.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford an individual with handicaps an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
individual with handicaps.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD) or 
equally effective telecommunication systems shall be used to communicate 
with persons with impaired hearing.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 150.8.160 would 
result in such alteration or burdens.

[[Page 240]]

The decision that compliance would result in such alteration or burdens 
must be made by the Administrator or his or her designee after 
considering all agency resources available for use in the funding and 
operation of the conducted program or activity and must be accompanied 
by a written statement of the reasons for reaching that conclusion. If 
an action required to comply with Sec. 105-8.160 would result in such an 
alteration or such burdnes, the agency shall take any other action that 
would not result in such an alteration or such burdens but would 
nevertheless ensure that, to the maximum extent possible, individuals 
with handicaps receive the benefits and services of the program or 
activity.



Secs. 105-8.161--105-8.169  [Reserved]



Sec. 105-8.170  Compliance procedures.



Sec. 105-8.170-1  Applicability.

    Except as provided in Sec. 105-8.170-2, Secs. 105-8.170 through 105-
8.170-13 apply to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.



Sec. 105-8.170-2  Employment complaints.

    The agency shall process complaints alleging violations of section 
504 with respect to employment according to the procedures established 
by the Equal Employment Opportunity Commission in 29 CFR part 1613 
pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791).



Sec. 105-8.170-3  Responsible Official.

    The Responsible Official shall coordinate implementation of 
Secs. 105-8.170 through 105-8.170-13.



Sec. 105-8.170-4  Filing a complaint.

    (a) Who may file a complaint. Any person who believes that he or she 
has been subjected to discrimination prohibited by this part may by him 
or herself or by his or her authorized representative file a complaint 
with the Official. Any persons who believes that any specific class of 
persons has been subjected to discrimination prohibited by this part and 
who is a member of that class or the authorized representative of a 
member of that class may file a complaint with the Official.
    (b) Confidentiality. The Official shall hold in confidence the 
identity of any person submitting a complaint, unless the person submits 
written authorization otherwise, and except to the extent necessary to 
carry out the purposes of this part, including the conduct of any 
investigation, hearing, or proceeding under this part.
    (c) When to file. Complaints shall be filed within 180 days of the 
alleged act of discrimination. The Official may extend this time limit 
for good cause shown. For purposes of determining when a complaint is 
timely filed under this section, a complaint mailed to the agency shall 
be deemed filed on the date it is postmarked. Any other complaint shall 
be deemed filed on the date it is recevied by the agency.
    (d) How to file. Complaints may be delivered or mailed to the 
Administrator, the 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.



Sec. 105-8.170-5  Notification to the Architectural and Transportation Barriers Compliance Board.

    The agency shall prepare and forward comprehensive quarterly reports 
to the Architectural and Transportation Barriers Compliance Board 
containing information regarding complaints received alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with handicaps. The agency shall not include 
in the report the identity of any complainant.



Sec. 105-8.170-6  Acceptance of complaint.

    (a) The Official shall accept a complete complaint that is filed in 
accordance with Sec. 105-8.170-4 and over which the agency has 
jurisdiction. The Official shall notify the complainant and

[[Page 241]]

the respondent of receipt and acceptance of the complaint.
    (b) If the Official receives a complaint that is not complete, he or 
she shall notify the complainant within 30 days of receipt of the 
incomplete complaint that additional information is needed. If the 
complainant fails to complete the complaint within 30 days of receipt of 
this notice, the Official shall dismiss the complaint without prejudice.
    (c) The Official may reject a complaint, or a position thereof, for 
any of the following reasons:
    (1) It was not filed timely and the extension of the 180-day period 
as provided in Sec. 105-8.170-4(c) is denied;
    (2) It consists of an allegation identical to an allegation 
contained in a previous complaint filed on behalf of the same 
complainant(s) which is pending in the agency or which has been resolved 
or decided by the agency; or
    (3) It is not within the purview of this part.
    (d) If the Official receives a complaint over which the agency does 
not have jurisdiction, the Official shall promptly notify the 
complainant and shall make reasonable efforts to refer the complaint to 
the appropriate Government entity.



Sec. 105-8.170-7  Investigation/conciliation.

    (a) Within 180 days of the receipt of a complete complaint, the 
Official shall complete the investigation of the complaint, attempt 
informal resolution, and if no informal resolution is achieved, issue a 
letter of findings. The 180-day time limit may be extended with the 
permission of the Assistant Attorney General. The investigation should 
include, where appropriate, a review of the practices and policies that 
led to the filing of the complaint, and other circumstances under which 
the possible noncompliance with this part occurred.
    (b) The Official may require agency employees to cooperate in the 
investigation and attempted resolution of complaints. Employees who are 
required by the Official to participate in any investigation under this 
section shall do so as part of their official duties and during the 
course of regular duty hours.
    (c) The Official shall furnish the complainant and the respondent a 
copy of the investigative report promptly after receiving it from the 
investigator and provide the complainant and the respondent with an 
opportunity for informal resolution of the complaint.
    (d) If a complaint is resolved informally, the terms of the 
agreement shall be reduced to writing and signed by the complainant and 
respondent. The agreement shall be made part of the complaint file with 
a copy of the agreement provided to the complainant and the respondent. 
The written agreement may include a finding on the issue of 
discrimination and shall describe any corrective action to which the 
complainant and the respondent have agreed.
    (e) The written agreement shall remain in effect until all 
corrective actions to which the complainant and the respondent have 
agreed upon have been completed. The complainant may reopen the 
complaint in the event that the agreement is not carried out.



Sec. 105-8.170-8  Letter of findings.

    If an informal resolution of the complaint is not reached, the 
Official shall, within 180 days of receipt of the complete complaint, 
notify the complainant and the respondent of the results of the 
investigation in a letter sent by certified mail, return receipt 
requested. The letter shall contain, at a minimum, the following:
    (a) Findings of fact and conclusions of law;
    (b) A description of a remedy for each violation found;
    (c) A notice of the right of the complainant and the respondent to 
appeal to the Special Counsel for Ethics and Civil Rights; and
    (d) A notice of the right of the complainant and the respondent to 
request a hearing.



Sec. 105-8.170-9  Filing an appeal.

    (a) Notice of appeal to the Special Counsel for Ethics and Civil 
Rights, with or without a request for hearing, shall be filed by the 
complainant or the

[[Page 242]]

respondent with the Responsible Official within 30 days of receipt of 
the letter of findings required by

Sec. 105-8.170-7.
    (b) If a timely appeal without a request for hearing is filed by a 
party, any other party may file a written request for a hearing within 
the time limit specified in Sec. 105-8.170-9(a) or within 10 days of the 
date on which the first timely appeal without a request for hearing was 
filed, whichever is later.
    (c) If no party requests a hearing, the Responsible Official shall 
promptly transmit the notice of appeal and investigative record to the 
Special Counsel for Ethics and Civil Rights.
    (d) If neither party files an appeal within the time prescribed in 
Sec. 105-8.170-9(a) the Responsible Official shall certify, at the 
expiration of the time, that the letter of findings is the final agency 
decision on the complaint.



Sec. 105-8.170-10  Acceptance of appeals.

    The Special Counsel shall accept and process any timely appeal. A 
party may appeal to the Deputy Administrator from a decision of the 
Special Counsel that an appeal is untimely. This appeal shall be filed 
within 15 days of receipt of the decision from the Special Counsel.



Sec. 105-8.170-11  Hearing.

    (a) Upon a timely request for a hearing, the Special Counsel shall 
take the necessary action to obtain the services of an Administrative 
law judge (ALJ) to conduct the hearing. The ALJ shall issue a notice to 
all parties specifying the date, time, and place of the scheduled 
hearing. The hearing shall be commenced no earlier than 15 days after 
the notice is issued and no later than 60 days after the request for a 
hearing is filed, unless all parties agree to a different date, or there 
are other extenuating circumstances.
    (b) The complainant and respondent shall be parties to the hearing. 
Any interested person or organization may petition to become a party or 
amicus curiae. The ALJ may, in his or her discretion, grant such a 
petition if, in his or her opinion, the petitioner has a legitimate 
interest in the proceedings and the participation will not unduly delay 
the outcome and may contribute materially to the proper disposition of 
the proceedings.
    (c) The hearing, decision, and any administrative review thereof 
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of 
the Administrative Procedure Act). The ALJ shall have the duty to 
conduct a fair hearing, to take all necessary action to avoid delay, and 
to maintain order. He or she shall have all powers necessary to these 
ends, including (but not limited to) the power to--
    (1) Arrange and change the date, time, and place of hearings and 
prehearing conferences and issue notices thereof;
    (2) Hold conferences to settle, simplify, or determine the issue in 
a hearing, or to consider other matters that may aid in the expeditious 
disposition of the hearing;
    (3) Require parties to state their position in writing with respect 
to the various issues in the hearing and to exchange such statements 
with all other parties;
    (4) Examine witnesses and direct witnesses to testify;
    (5) Receive, rule on, exclude, or limit evidence;
    (6) Rule on procedural items pending before him or her; and
    (7) Take any action permitted to the ALJ as authorized by this part, 
or by the provisions of the Administrative Procedure Act (5 U.S.C. 551-
559).
    (d) Technical rules of evidence shall not apply to hearings 
conducted pursuant to Sec. 105-8.170-11, but rules or principles 
designed to assure production of credible evidence available and to 
subject testimony to cross-examination shall be applied by the ALJ 
whenever reasonably necessary. The ALJ may exclude irrelevant, 
immaterial, or unduly repetitious evidence. All documents and other 
evidence offered or taken for the record shall be open to examination by 
the parties and opportunity shall be given to refute facts and arguments 
advanced on either side of the issues. A transcript shall be made of the 
oral evidence except to the extent the substance thereof is stipulated 
for the record. All decisions shall be based upon the hearing record.

[[Page 243]]

    (e) The costs and expenses for the conduct of a hearing shall be 
allocated as follows:
    (1) Persons employed by the agency shall, upon request to the agency 
by the ALJ, be made available to participate in the hearing and shall be 
on official duty status for this purpose. They shall not receive witness 
fees.
    (2) Employees of other Federal agencies called to testify at a 
hearing shall, at the request of the ALJ and with the approval of the 
employing agency, be on official duty status during any period of 
absence from normal duties caused by their testimony, and shall not 
receive witness fees.
    (3) The fees and expenses of other persons called to testify at a 
hearing shall be paid by the party requesting their appearance.
    (4) The ALJ may require the agency to pay travel expenses necessary 
for the complainant to attend the hearing.
    (5) The respondent shall pay the required expenses and charges for 
the ALJ and court reporter.
    (6) All other expenses shall be paid by the party, the intervening 
party, or amicus curiae incurring them.
    (f) The ALJ shall submit in writing recommended findings of fact, 
conclusions of law, and remedies to all parties and the Special Counsel 
for Ethics and Civil Rights within 30 days after receipt of the hearing 
transcripts, or within 30 days after the conclusion of the hearing if no 
transcript is made. This time limit may be extended with the permission 
of the Special Counsel.
    (g) Within 15 days after receipt of the recommended decision of the 
ALJ any party may file exceptions to the decision with the Speical 
Counsel. Thereafter, each party will have ten days to file reply 
exceptions with the Special Counsel.



Sec. 105-8.170-12  Decision.

    (a) The Special Counsel shall make the decision of the agency based 
on information in the investigative record and, if a hearing is held, on 
the hearing record. The decision shall be made within 60 days of receipt 
of the transmittal of the notice of appeal and investitive record 
pursuant to Sec. 105-8.170-9(c) or after the period for filing 
exceptions ends, which ever is applicable. If the Special Counsel for 
Ethics and Civil Rights determines that he or she needs additional 
information from any party, he or she shall request the information and 
provide the other party or parties an opportunity to respond to that 
information. The Special Counsel shall have 60 days from receipt of the 
additional information to render the decision on the appeal. The Special 
Counsel shall transmit his or her decision by letter to the parties. The 
time limits established in this paragraph may be extended with the 
permission of the Assistant Attorney General. The decision shall set 
forth the findings, remedial action required, and reasons for the 
decision. If the decision is based on a hearing record, the Special 
Counsel shall consider the recommended decision of the ALJ and render a 
final decision based on the entire record. The Special Counsel may also 
remand the hearing record to the ALJ for a fuller development of the 
record.
    (b) Any respondent required to take action under the terms of the 
decision of the agency shall do so promptly. The Official may require 
periodic compliance reports specifying--
    (1) The manner in which compliance with the provisions of the 
decision has been achieved;
    (2) The reasons any action required by the final decision has not 
yet been taken; and
    (3) The steps being taken to ensure full compliance. The Official 
may retain responsibility for resolving disagreements that arise between 
the parties over interpretation fo the final agency decision or for 
specific adjudicatory decisions arising out of implementation.



Sec. 105-8.170-13  Delegation.

    The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.



Sec. 105-8.171  Complaints against an occupant agency.

    (a) Upon notification by an occupant agency that it has received a 
complete complaint alleging that the agency's

[[Page 244]]

program is inaccessible because existing facilities under GSA's control 
are not accessible and usable by individuals with handicaps, GSA shall 
be jointly responsible with the agency for resolving the complaint and 
shall participate in making findings of fact and conclusions of law in 
prescribing and implementing appropriate remedies for each violation 
found.
    (b) GSA shall make reasonable efforts to follow the time frames for 
complaint resolution that go into effect under the notifying occupant 
agency's compliance procedures when it receives a complete complaint.
    (c) Receipt of a copy of the complete complaint by GSA shall 
constitute notification to GSA for purposes of Sec. 105-8.171(a).



PART 105-50--PROVISION OF SPECIAL OR TECHNICAL SERVICES TO STATE AND LOCAL UNITS OF GOVERNMENT--Table of Contents




Sec.
105-50.000  Scope of part.
105-50.001  Definitions.
105-50.001-1  State.
105-50.001-2  Political subdivision or local government.
105-50.001-3  Unit of general local government.
105-50.001-4  Special-purpose unit of local government.
105-50.001-5  Specialized or technical services.
105-50.001-6  GSA.

                  Subpart 105-50.1--General Provisions

105-50.101  Purpose.
105-50.102  Applicability.
105-50.103  Policy.
105-50.104  Limitations.
105-50.105  Coordination of requests.
105-50.106  GSA response to requests.

       Subpart 105-50.2--Services Available From General Services 
                             Administration

105-50.201  Agencywide mission.
105-50.202  Specific services.
105-50.202-1  Copies of statistical or other studies.
105-50.202-2  Preparation of or assistance in the conduct of statistical 
          or other studies.
105-50.202-3  Training.
105-50.202-4  Technical assistance incident to Federal surplus personal 
          property.
105-50.202-5  Data processing services.
105-50.202-6  Communications services.
105-50.202-7  Technical information and advice.

      Subpart 105-50.3--Principles Governing Reimbursements to GSA

105-50.301  Established fees.
105-50.302  Special fee schedules.
105-50.303  Cost basis in lieu of fees.
105-50.304  Services provided through revolving funds.
105-50.304a  Deposits.
105-50.305  Exemptions.

                        Subpart 105-50.4--Reports

105-50.401  Reports submitted to the Congress.
105-50.402  Reports submitted to the Office of Management and Budget.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec. 302, 
82 Stat. 1102; 42 U.S.C. 4222.

    Source: 41 FR 21451, May 26, 1976, unless otherwise noted.



Sec. 105-50.000  Scope of part.

    This part prescribes rules and procedures governing the provision of 
special or technical services to State and local units of government by 
GSA. This part also prescribes principles governing reimbursements for 
such services.



Sec. 105-50.001  Definitions.

    The following definitions are established for terms used in this 
part.



Sec. 105-50.001-1  State.

    State means any of the several States of the United States, the 
District of Columbia, Puerto Rico, any territory or possession of the 
United States, or any agency or instrumentality of a State, but does not 
include the governments of the political subdivisions of the State.



Sec. 105-50.001-2  Political subdivision or local government.

    Political subdivision or local government means a local unit of 
government, including specifically a county, municipality, city, town, 
township, or a school or other special district created by or pursuant 
to State law.

[[Page 245]]



Sec. 105-50.001-3  Unit of general local government.

    Unit of general local government means any city, county, town, 
parish, village, or other general purpose political subdivision of a 
State.



Sec. 105-50.001-4  Special-purpose unit of local government.

    Special-purpose unit of local government means any special district, 
public-purpose corporation, or other strictly limited-purpose political 
subdivision of a State, but shall not include a school district.



Sec. 105-50.001-5  Specialized or technical services.

    Specialized or technical services means statistical and other 
studies and compilations, development projects, technical tests and 
evaluations, technical information, training activities, surveys, 
reports, documents, and any other similar service functions which any 
department or agency of the executive branch of the Federal Government 
is especially equipped and authorized by law to perform.



Sec. 105-50.001-6  GSA.

    GSA means the General Services Administration.



                  Subpart 105-50.1--General Provisions



Sec. 105-50.101  Purpose.

    (a) This part 105-50 implements the provisions of Title III of the 
Intergovernmental Cooperation Act of 1968 (82 Stat. 1102, 42 U.S.C. 
4221-4225), the purpose of which is stated as follows:

    It is the purpose of this title to encourage intergovernmental 
cooperation in the conduct of specialized or technical services and 
provision of facilities essential to the administration of State or 
local governmental activities, many of which are nationwide in scope and 
financed in part by Federal funds; to enable state and local governments 
to avoid unnecessary duplication of special service functions; and to 
authorize all departments and agencies of the executive branch of the 
Federal Government which do not have such authority to provide 
reimbursable specialized or technical services to State and local 
governments.

    (b) This part is consistent with the rules and regulations 
promulgated by the Director, Office of Management and Budget, in the 
Office of Management and Budget Circular No. A-97, dated August 29, 
1969, issued pursuant to section 302 of the cited Act (42 U.S.C. 4222).



Sec. 105-50.102  Applicability.

    This part is applicable to all organizational elements of GSA 
insofar as the services authorized to be performed in subpart 105-50.2 
fall within their designated functional areas.



Sec. 105-50.103  Policy.

    It is the policy of GSA to cooperate to the maximum extent possible 
with State and local units of government in providing the specialized or 
technical services authorized within the limitations set forth in 
Sec. 105-50.104.



Sec. 105-50.104  Limitations.

    The specialized or technical services provided under this part may 
be provided, in the discretion of the Administrator of General Services, 
only under the following conditions:
    (a) Such services will be provided only to the States, political 
subdivisions thereof, and combinations or associations of such 
governments or their agencies and instrumentalities.
    (b) Such services will be provided only upon the written request of 
a State or political subdivision thereof. Requests normally will be made 
by the chief executives of such entities and will be addressed to the 
General Services Administration as provided in Sec. 105-50.105.
    (c) Such services will not be provided unless GSA is providing 
similar services for its own use under the policies set forth in the 
Office of Management and Budget Circular No. A-76 Revised, dated August 
30, 1967, subject: Policies for acquiring commercial or industrial 
products and services for Government use. In addition, in accordance 
with the policies set forth in Circular No. A-76, the requesting entity 
must certify that such services cannot be procured reasonably and 
expeditiously through ordinary business channels.
    (d) Such services will not be provided if they require any additions 
of staff or

[[Page 246]]

involve outlays for additional equipment or other facilities solely for 
the purpose of providing such services, except where the costs thereof 
are charged to the user of such services. Further, no staff additions 
may be made which impede the implementation of, or adherence to, the 
employment ceilings contained in the Office of Management and Budget 
allowance letters.
    (e) Such services will be provided only upon payment or provision 
for reimbursement by the unit of government making the request of 
salaries and all other identifiable direct and indirect costs of 
performing such services. For cost determination purposes, GSA will be 
guided by the policies set forth in the Office of Management and Budget 
Circular No. A-25, dated September 23, 1959, subject: User charges.



Sec. 105-50.105  Coordination of requests.

    (a) All inquiries of a general nature concerning services GSA can 
provide shall be addressed to the General Services Administration (BR), 
Washington, 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.
    (b) Requests for specific services may be addressed directly to 
Heads of Services and Staff Offices and to Regional Administrators. 
Section 105-50.202 describes the specific services GSA can provide.
    (c) If the proper GSA organizational element is not known to the 
State or local unit of government, the request shall be addressed as in 
paragraph (a) of this section to ensure appropriate handling.



Sec. 105-50.106  GSA response to requests.

    (a) Direct response to each request shall be made by the Head of the 
applicable Service or Staff Office or Regional Administrator. He shall 
outline the service to be provided and the fee or reimbursement 
required. Any special conditions concerning time and priority, etc., 
shall be stated. Written acceptance by the authorized State or local 
governmental entity shall constitute a binding agreement.
    (b) Heads of Services and Staff Offices and Regional Administrators 
shall maintain complete records and controls of services provided on a 
calendar year basis to facilitate accurate, annual reporting, as 
required in Sec. 105-50.401.



       Subpart 105-50.2--Services Available From General Services 
                             Administration



Sec. 105-50.201  Agencywide mission.

    (a) In its role as a central property management agency, GSA 
constructs, leases, operates, and maintains office and other space: 
procures and distributes supplies; coordinates and provides for the 
economic and efficient purchase, lease, sharing, and maintenance of 
automatic data processing equipment by Federal agencies; manages 
stockpiles of materials maintained for use in national emergencies; 
transfers excess real and personal property among Federal agencies for 
further use; disposes of surplus real and personal property, by donation 
or otherwise, as well as materials excess to stockpile requirements; 
operates centralized data processing centers and telecommunications and 
motor pool systems; operates the National Archives and Presidential 
libraries; and provides a variety of records management services, 
including the operation of centers for storing and administering 
records, as well as other common services.
    (b) Special or technical services may be provided by many 
organizational elements of GSA with respect to their functional areas, 
but the requesting State or local agency needs only to know that the 
service desired is related to one or more of the functional areas 
described above and direct its request as provided for under Sec. 105-
50.105. State and local units of government are also encouraged to 
consult the ``Catalog of Federal Domestic Assistance'' as a more 
complete guide to the many other Federal assistance programs available 
to them. The catalog, issued annually and updated periodically by the 
Office of Management and Budget, is available through the Superintendent 
of

[[Page 247]]

Documents, Government Printing Office, Washington, DC 20402.



Sec. 105-50.202  Specific services.

    Within the functional areas identified in Sec. 105-50.201, GSA can 
provide the services hereinafter described.



Sec. 105-50.202-1  Copies of statistical or other studies.

    This material includes a copy of any existing statistical or other 
studies and compilations, results of technical tests and evaluations, 
technical information, surveys, reports, and documents, and any such 
materials which may be developed or prepared in the future to meet the 
needs of the Federal Government or to carry out normal program 
responsibilities of GSA.



Sec. 105-50.202-2  Preparation of or assistance in the conduct of statistical or other studies.

    (a) This service includes preparation of statistical or other 
studies and compilations, technical tests and evaluations, technical 
information, surveys, reports, and documents and assistance in the 
conduct of such activities and in the preparation of such materials, 
provided they are of a type similar to those which GSA is authorized by 
law to conduct or prepare and when resources are available.
    (b) Specific areas in which GSA can conduct or participate in the 
conduct of studies include:
    (1) Space management, including assignment and utilization;
    (2) Supply management, including laboratory tests and evaluations;
    (3) Management of motor vehicles;
    (4) Archives and records management;
    (5) Automatic data processing systems; and
    (6) Telecommunications and teleprocessing systems and services.



Sec. 105-50.202-3  Training.

    (a) This training consists of the type which GSA is authorized by 
law to conduct for Federal personnel and others or which is similar to 
such training.
    (b) Descriptions of the specific training courses conducted by GSA 
are published annually in the Interagency Training Programs bulletin, 
copies of which are available from the U.S. Civil Service Commission, 
Washington, D.C. 20415.



Sec. 105-50.202-4  Technical assistance incident to Federal surplus personal property.

    Technical assistance will be provided in the screening and selection 
of surplus personal property under existing laws, provided such aid 
primarily strengthens the ability of the recipient in developing its own 
capacity to prepare proposals.



Sec. 105-50.202-5  Data processing services.

    GSA will develop ADP logistical feasibility studies, software, 
systems analyses, and programs. To the extent that data processing 
capabilities are available, GSA will also assist in securing data 
processing services on a temporary, short term basis from other Federal 
facilities or Federal Data Processing Centers.



Sec. 105-50.202-6  Communications services.

    GSA will continue to make its bulk rate circuit ordering services 
available for use by State and local governments. Under a revised tariff 
effective December 12, 1971, GSA will bill the State and local 
governments for their share of the TEL PAK costs. Services provided 
prior to December 12, 1971, will be billed by the contractors under the 
former arrangements. In addition, certain activities, such as surplus 
property agencies which have frequent communications with Federal 
agencies, will be given access to the Federal Telecommunications System 
switchboards.



Sec. 105-50.202-7  Technical information and advice.

    GSA will provide technical information, personnel management systems 
services, and technical advice on improving logistical and management 
services which GSA normally provides for itself or others under existing 
authorities.

[[Page 248]]



      Subpart 105-50.3--Principles Governing Reimbursements to GSA



Sec. 105-50.301  Established fees.

    Where there is an established schedule of fees for services to other 
Government agencies or the public, the schedule shall be used as the 
basis for reimbursement for like services furnished to State and local 
governments.



Sec. 105-50.302  Special fee schedules.

    Where there is no established schedule of fees for types of service 
which are ordinarily reimbursed on a fee basis, such schedules may be 
developed and promulgated in conjunction with the Office of 
Administration. The fees so established shall cover all direct costs, 
such as salaries of personnel involved plus personnel benefits, travel, 
and other related expenses and all indirect costs such as management, 
supervisory, and staff support expenses determined or estimated from the 
best available records in GSA. Periodically, fees shall be reviewed for 
adequacy of recovery and adjusted as necessary.



Sec. 105-50.303  Cost basis in lieu of fees.

    Where the cost of services is to be recovered on other than a fee 
basis, upon receipt of a request from a State or local government for 
such services, a written reply shall be prepared by the service or staff 
office receiving the request stating the basis for reimbursement for the 
services to be performed. The proposal shall be based on an estimate of 
all direct costs, such as salaries of personnel involved plus personnel 
benefits, travel, and other related expenses and on such indirect costs 
as management, supervisory, and staff support expenses. An appropriate 
surcharge may be developed to recover these indirect costs. The terms 
thereof shall be concurred in by the Director of Administration. 
Acceptance in writing by the requester shall constitute a binding 
agreement between GSA and the requesting governmental unit.



Sec. 105-50.304  Services provided through revolving funds.

    Where the service furnished is of the type which GSA is now billing 
through revolving funds, reimbursement shall be obtained from State and 
local governments on the same basis; i.e., the same pricing method, 
billing forms, and billing support shall be used.



Sec. 105-50.304a  Deposits.

    Reimbursements to GSA for furnishing special or technical services 
to State and local units of government will be deposited to the credit 
of the appropriation from which the cost of providing such services has 
been paid or is to be charged if such reimbursements are authorized. 
Otherwise, the reimbursements will be credited to miscellaneous receipts 
in the U.S. Treasury (42 U.S.C. 4223).



Sec. 105-50.305  Exemptions.

    (a) Single copies of existing reports covering studies and 
statistical compilations and other data or publications for which there 
is no established schedule of fees shall be furnished without charge 
unless significant expense is incurred in reproducing the material, in 
which instance the actual cost thereof shall be charged.
    (b) GSA may, pursuant to section 302 of the Intergovernmental 
Personnel Act of 1970 (42 U.S.C. 4742), admit employees of State and 
local units of government to training programs established for 
professional, administrative, or technical personnel and may waive the 
requirement for reimbursement in whole or in part.



                        Subpart 105-50.4--Reports



Sec. 105-50.401  Reports submitted to the Congress.

    (a) The Administrator of General Services will furnish annually to 
the respective Committees on Government Operations of the Senate and the 
House of Representatives a summary report on the scope of the services 
provided under Title III of the act and this part.
    (b) Heads of Services and Staff Offices and all Regional 
Administrators shall furnish the Director of Management Services, OAD, 
by no later than January 15 of each year, the following information 
concerning services provided during the preceding calendar year to State 
and local units of government:

[[Page 249]]

    (1) A brief description of the services provided, including any 
other pertinent data;
    (2) The State and/or local unit of government involved; and
    (3) The cost of GSA to provide the service, including the amount of 
reimbursement, if any, made by the benefitting government.
    (c) Reports Control Symbol LAW-27-OA is assigned to this report.



Sec. 105-50.402  Reports submitted to the Office of Management and Budget.

    Copies of the foregoing reports will be submitted by the 
Administrator to the Office of Management and Budget not later than 
March 30 of each year.



PART 105-51--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS--Table of Contents




    Authority: Sec. 213, Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42 
U.S.C. 4601) as amended by the Surface Transportation and Uniform 
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101 Stat. 
246-256 (42 U.S.C. 4601 note).



Sec. 105-51.001  Uniform relocation assistance and real property acquisition.

    Regulations and procedures for complying with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 
91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV 
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth 
in 49 CFR part 24.

[52 FR 48024, Dec. 17, 1987; 54 FR 8913, Mar. 2, 1989]



PART 105-53--STATEMENT OF ORGANIZATION AND FUNCTIONS--Table of Contents




Sec.
105-53.100  Purpose.

                           Subpart A--General

105-53.110  Creation and authority.
105-53.112  General statement of functions.
105-53.114  General statement of organization.
105-53.116  General regulations.
105-53.118  Locations of material available for public inspection.
105-53.120  Address and telephone numbers.

                       Subpart B--Central Offices

105-53.130  Office of the Administrator.
105-53.130-1  [Reserved]
105-53.130-2  Office of Ethics and Civil Rights.
105-53.130-3  Office of the Executive Secretariat.
105-53.130-4  Office of Small and Disadvantaged Business Utilization.
105-53.131  Office of Inspector General.
105-53.132  GSA Board of Contract Appeals.
105-53.133  Information Security Oversight Office.
105-53.134  Office of Administration.
105-53.135  [Reserved]
105-53.136  Office of Congressional Affairs
105-53.137  Office of Acquisition Policy.
105-53.138  Office of General Counsel.
105-53.139  Office of the Comptroller.
105-53.140  Office of Operations and Industry Relations.
105-53.141  Office of Policy Analysis.
105-53.142  Office of Public Affairs.
105-53.143  Information Resources Management Service.
105-53.144  Federal Property Resources Service.
105-53.145  Federal Supply Service.
105-53.146  [Reserved]
105-53.147  Public Buildings Service.

                       Subpart C--Regional Offices

105-53.150  Organization and functions.
105-53.151  Geographic composition, addresses, and telephone numbers.

    Authority: 5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec. 
(a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).

    Source: 48 FR 25200, June 6, l983, unless otherwise noted.



Sec. 105-53.100  Purpose.

    This part is published in accordance with 5 U.S.C. 552 and is a 
general description of the General Services Administration.



                           Subpart A--General



Sec. 105-53.110  Creation and authority.

    The General Services Administration was established by section 101 
of the Federal Property and Administrative Services Act of 1949 (63 
Stat. 377), effective July 1, 1949. The act consolidated

[[Page 250]]

and transferred to the agency a variety of real and personal property 
and related functions fomerly assigned to various agencies. Subsequent 
laws and Executive orders assigned other related functions and programs.



Sec. 105-53.112  General statement of functions.

    The General Services Administration, as a major policy maker, 
provides guidance and direction to Federal agencies in a number of 
management fields. GSA formulates and prescribes a variety of 
Governmentwide policies relating to procurement and contracting; real 
and personal property management; transportation, public transportation, 
public utilities and telecommunications management; automated data 
processing management; records management; the use and disposal of 
property; and the information security program. In addition to its 
policy role, GSA also provides a variety of basic services in the 
aforementioned areas to other Government agencies. A summary description 
of these services is presented by organizational component in subpart B.

[54 FR 26741, June 26, 1989]



Sec. 105-53.114  General statement of organization.

    The General Services Administration is an independent agency in the 
executive branch of the Government. The work of the agency as a whole is 
directed by the Administrator of General Services, who is assisted by 
the Deputy Administrator. A summary description of each of GSA's major 
functions and organizational components is presented in subparts B and 
C.



Sec. 105-53.116  General regulations.

    Regulations of the General Services Administration and its 
components are codified in the Code of Federal Regulations in title 1, 
chapters I and II; title 32, chapter XX; title 41, chapters 1, 5, 101, 
105, and 201; and title 48, chapters 1 and 5. Titles 1, 32, 41, and 48 
of the Code of Federal Regulations are available for review at most 
legal and depository libraries and at the General Services 
Administration Central Office and regional offices. Copies may be 
purchased from the Superintendent of Documents, Government Printing 
Office, Washington, DC 20402.

[49 FR 24995, June 19, 1984]



Sec. 105-53.118  Locations of material available for public inspection.

    GSA maintains reading rooms containing materials available for 
public inspection and copying at the following locations:
    (a) General Services Administration, 18th & F Streets, NW., Library 
(Room 1033), Washington, DC 20405. Telephone 202-535-7788.
    (b) Business Service Center, General Services Administration, 10 
Causeway Street, Boston, MA 02222. Telephone: 617-565-8100.
    (c) Business Service Center, General Services Administration, 26 
Federal Plaza, NY, NY 10278. Telephone: 212-264-1234.
    (d) Business Service Center, General Services Administration, 
Seventh & D Streets, SW., Room 1050, Washington, DC 20407. Telephone: 
202-472-1804.
    (e) Business Service Center, General Services Administration, Ninth 
& Market Streets, Room 5151, Philadelphia, PA 19107. Telephone: 215-597-
9613.
    (f) Business Service Center, General Services Administration, 
Richard B. Russell Federal Building, U.S. Courthouse, 75 Spring Street, 
SW., Atlanta, GA 30303, Telephone: 404/331-5103.
    (g) Business Service Center, General Services Administration, 230 
South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5383.
    (h) Business Service Center, General Services Administration, 1500 
East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7203.
    (i) Business Service Center, General Services Administration, 819 
Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-3284.
    (j) Business Service Center, General Services Administration, Denver 
Federal Center, Denver, CO 80225. Telephone: 303-236-7408.
    (k) Business Service Center, General Services Administration, 525 
Market Street, San Francisco, CA 94105. Telephone: 415-974-9000.
    (l) Business Service Center, General Services Administration, 300 
North Los Angeles Street, Room 3259, Los Angeles, CA 90012. Telephone: 
213-688-3210.

[[Page 251]]

    (m) Business Service Center, General Services Administration, GSA 
Center, Auburn, WA 98001. Telephone: 206-931-7957.

[48 FR 25200, June 6, 1983, as amended at 49 FR 24995, June 19, 1984; 50 
FR 26363, June 26, 1985; 51 FR 23229, June 26, 1986; 52 FR 23657, June 
24, 1987; 53 FR 23761, June 24, 1988]



Sec. 105-53.120  Address and telephone numbers.

    The Office of the Administrator; Office of 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 Sec. 105-53.151.

[54 FR 26741, June 26, 1989]



                       Subpart B--Central Offices



Sec. 105-53.130  Office of the Administrator.

    The Administrator of General Services, appointed by the President 
with the advice and consent of the Senate, directs the execution of all 
programs assigned to the General Services Administration. The Deputy 
Administrator, who is appointed by the Administrator, assists in 
directing agency programs and coordinating activities related to the 
functions of the General Services Administration.



Sec. 105-53.130-1  [Reserved]



Sec. 105-53.130-2  Office of Ethics and Civil Rights.

    The Office of Ethics and Civil Rights, headed by the Special Counsel 
for Ethics and Civil Rights, is responsible for developing, directing, 
and monitoring the agency's programs governing employee standards of 
ethical conduct, equal employment opportunity, and civil rights. It is 
the focal point for the agency's implementation of the Ethics in 
Government Act of 1978. The principal statutes covering the Civil Rights 
Program are Titles VI and VII of the Civil Rights Act of 1964, Title IX 
of the Educational Amendments Act of 1972, sections 501 and 504 of the 
Vocational Rehabilitation Act of 1973, the Age Discrimination in 
Employment Act of 1975, and the Equal Pay Act.

[53 FR 23761, June 24, 1988]



Sec. 105-53.130-3  Office of the Executive Secretariat.

    The Office of the Executive Secretariat, headed by the Director of 
the Executive Secretariat, is responsible for policy coordination, 
correspondence control, and various administrative tasks in support of 
the Administrator and Deputy Administrator.



Sec. 105-53.130-4  Office of Small and Disadvantaged Business Utilization.

    (a) Creation and authority. Public Law 95-507, October 14, 1978, an 
amendment to the Small Business Act and the Small Business Investment 
Act of 1958, established in each Federal agency having procurement 
authority the Office of Small and Disadvantaged Business Utilization. 
Each office is headed by a Director of Small and Disadvantaged Business 
Utilization. The Director is appointed by the head of the agency or 
department.
    (b) Functions. The Director of Small and Disadvantaged Business 
Utilization is responsible for the implementation and execution of the 
functions and duties under Sections 8 and 15 of the Small Business Act 
to include the issuance of policy direction and guidance. The office 
provides information, assistance, and counseling to business concerns, 
including small businesses,

[[Page 252]]

small socially and economically disadvantaged persons, women-owned 
businesses, labor surplus area concerns, and workshops operated by the 
blind and other severely handicapped persons. The office also conducts 
outreach, liaison, source listings, and seminars for small and 
disadvantaged businesses and coordinates and promotes procurement 
programs and policies.



Sec. 105-53.131  Office of Inspector General.

    (a) Creation and authority. Public Law 95-452, known as the 
Inspector General Act of 1978, consolidated existing audit and 
investigation functions and established an Office of Inspector General 
in 11 major domestic departments and agencies, including GSA. Each 
office is headed by an Inspector General appointed by the President with 
the advice and consent of the Senate.
    (b) Functions. The Office of Inspector General is responsible for 
policy direction and conduct of audit, inspection, and investigation 
activities relating to programs and operations of GSA; and maintaining 
liaison with other law enforcement agencies, the Department of Justice, 
and United States Attorneys on all matters relating to the detection and 
prevention of fraud and abuse. The Inspector General reports 
semiannually to the Congress through the Administrator concerning fraud, 
abuses, other serious problems, and deficiencies of agency programs and 
operations; recommends corrective action; and reports on progress made 
in implementing these actions.



Sec. 105-53.132  GSA Board of Contract Appeals.

    (a) Creation and Authority. 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).
    (b) Functions. 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).
    (c) Regulations. Regulations pertaining to GSBCA programs are 
published in 41 CFR part 5A-60. Information on availability of the 
regulations is provided in Sec. 105-53.116.

[48 FR 25200, June 6, 1983, as amended at 53 FR 23761, June 24, 1988]



Sec. 105-53.133  Information Security Oversight Office.

    (a) Creation and authority. 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.
    (b) Functions. ISOO oversees and ensures, under the general policy 
direction of the National Security Council, Government-wide 
implementation of the information security program established by 
Executive order.

[[Page 253]]

    (c) Regulations. Regulations pertaining to ISOO Programs are 
published in 32 CFR chapter XX, part 2000 et seq.



Sec. 105-53.134  Office of Administration.

    The Office of Administration, headed by the Associate Administrator 
for Administration, participates in the executive leadership of the 
agency; providing advice on the formulation of major policies and 
procedures, particularly those of a critical or controversial nature, to 
the Administrator and Deputy Administrator. The Office plans and 
administers programs in organization, productivity improvement, position 
management, training, staffing, position classification and pay 
administration, employee relations, workers' compensation, career 
development, GSA internal security, reporting requirements, regulations, 
internal directives, records correspondence procedures, Privacy and 
Freedom of Information Acts, printing and duplicating, mail, 
telecommunications, graphic design, cooperative administrative support, 
and support for congressional field offices. The office also serves as 
the central point of control for audit and inspection reports from the 
Inspector General and the Comptroller General of the United States; and 
manages the GSA internal controls evaluation, improvement, and reporting 
program. In addition, the office includes a secretariat to oversee 
Federal advisory committees.

[54 FR 26741, June 26, 1989]



Sec. 105-53.135  [Reserved]



Sec. 105-53.136  Office of Congressional Affairs.

    The Office of Congressional Affairs, headed by the Associate 
Administrator for Congressional Affairs, is responsible for directing 
and coordinating the legislative and congressional activities of GSA.

[54 FR 26742, June 26, 1989]



Sec. 105-53.137  Office of Acquisition Policy.

    (a) Functions. The Office of Acquisition Policy (OAP), headed by the 
Associate Administrator for Acquisition Policy, serves as the single 
focal point for GSA acquisition and contracting matters and is 
responsible for ensuring that the GSA procurement process is executed in 
compliance with all appropriate public laws and regulations and is based 
on sound business judgment. Also, OAP exercises Governmentwide 
acquisition responsibilities through its participation with the 
Department of Defense and the National Aeronautics and Space 
Administration in the development and publication of the Federal 
Acquisition Regulation.
    (b) Regulations. Regulations pertaining to OAP programs are 
published in 48 CFR chapter 1, Federal Acquisition Regulation (FAR), and 
in 48 CFR chapter 5, General Services Acquisition Regulation (GSAR). 
Information on availability of the regulations is provided in Sec. 105-
53.116.

[52 FR 23657, June 24, 1987]



Sec. 105-53.138  Office of General Counsel.

    Functions. The Office of General Counsel (OGC), headed by the 
General Counsel, is responsible for providing all legal services to the 
services, programs offices, staff offices, and regions of GSA with the 
exception of certain legal activities of the Office of Inspector General 
and legal activities of the 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.



Sec. 105-53.139  Office of the Comptroller.

    (a) Functions. The Office of the Comptroller, headed by the 
Comptroller, is responsible for centralized agencywide budget and 
accounting functions; overall allocation and administrative control of 
agencywide resources and financial management programs; planning, 
developing, and directing GSA's executive management information system; 
and overseeing implementation of OMB Circular A-76 agencywide.
    (b) Regulations. Regulations pertaining to the Office of the 
Comptroller's programs are published in 41 CFR

[[Page 254]]

part 101-2. Information on availability of the regulations is provided 
in Sec. 105-53.116.

[51 FR 23230, June 26, 1986, as amended at 53 FR 23762, June 24, 1988; 
54 FR 26742, June 26, 1989]



Sec. 105-53.140  Office of Operations and Industry Relations.

    The Office of Operations and Industry Relations, headed by the 
Associate Administrator for Operations and Industry Relations, is 
responsible for formulating GSA-wide policy that relates to regional 
operations, supervising GSA's Regional Administrators, and planning and 
coordinating GSA business and industry relations and customer liaison 
activities.

[54 FR 26742, June 26, 1989]



Sec. 105-53.141  Office of Policy Analysis.

    The Office of Policy Analysis, headed by the Associate Administrator 
for Policy Analysis, is responsible for providing analytical support, 
independent, objective information concerning management policies and 
programs, and technical and analytical assistance in the areas of policy 
analysis and resource allocation to the Administrator, senior officials, 
and organizations in GSA.

[51 FR 23230, June 26, 1986]



Sec. 105-53.142  Office of Public Affairs.

    The Office of Public Affairs, headed by the Associate Administrator 
for Public Affairs, is responsible for the planning, implementation, and 
coordination of GSA public information and public events and employee 
communication activities, and managing and operating the Consumer 
Information Center.

[51 FR 23230, June 26, 1986]



Sec. 105-53.143  Information Resources Management Service.

    (a) Creation and authority. The Information Resources Management 
Service (IRMS), headed by the Commissioner, Information Resources 
Management Service, was established as the Office of Information 
Resources Management on August 17, 1982 and subsequently redesignated as 
IRMS on November 17, 1985, by the Administrator of General Services. The 
Information Resources Management Service was assigned responsibility for 
administering the Governmentwide information resources management 
program, including records management, and procurement, management, and 
use of automatic data processing and telecommunications resources.
    (b) Functions. IRMS is responsible for directing and managing 
Governmentwide programs for the procurement and use of automatic data 
processing (ADP), office information systems, and telecommunications 
equipment and services; developing and coordinating Governmentwide 
plans, policies, procedures, regulations, and publications pertaining to 
ADP; telecommunications and records management activities; managing and 
operating the Information Technology Fund; managing and operating the 
Federal Telecommunications System (FTS); planning and directing programs 
for improving Federal records and information management practices 
Governmentwide; managing and operating the Federal Information Centers; 
developing and overseeing GSA policy concerning automated information 
systems, equipment, and facilities; and providing policy and program 
direction for the GSA Emergency Preparedness and Disaster Support 
Programs.
    (c) Regulations. Regulations pertaining to IRMS programs are 
published in 41 CFR chapter 201, Federal Information Resources 
Management Regulation (FIRMR), and 48 CFR chapters 1 and 5. Information 
on availability of the regulations is provided in Sec. 105-53.116.

[51 FR 23230, June 26, 1986, as amended at 52 FR 23657, June 24, 1987]



Sec. 105-53.144  Federal Property Resources Service.

    (a) Creation and authority. The Federal Property Resources Service 
(FPRS), headed by the Commissioner, Federal Property Resources Service, 
was established on July 18, 1978, by the Administrator of General 
Services to carry out the utilization and disposal functions for real 
and related personal property.

[[Page 255]]

    (b) Functions. FPRS is responsible for utilization surveys of 
Federal real property holdings; the reuse of excess real property; and 
the disposal of surplus real property.
    (c) Regulations. Regulations pertaining to FPRS programs are 
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapter H, and 48 
CFR chapter 1. Information on availability of the regulations is 
provided in Sec. 105-53.116

[54 FR 26742, June 26, 1989]



Sec. 105-53.145  Federal Supply Service.

    (a) Creation and authority. The Federal Supply Service (FSS), headed 
by the Commissioner, FSS, was established on December 11, 1949, by the 
Administrator of General Services to supersede the Bureau of Federal 
Supply of the Department of the Treasury which was abolished by the 
Federal Property and Administrative Services Act of 1949. The Federal 
Supply Service has been known previously as the Office of Personal 
Property and the Office of Federal Supply and Services.
    (b) Functions. FSS is responsible for determining supply 
requirements; procuring personal property and nonpersonal services; 
transferring excess (except ADP equipment) and donating and selling 
surplus personal property; managing GSA's Governmentwide transportation, 
traffic management, travel, fleet management, and employee relocation 
programs; auditing of transportation bills paid by the Government and 
subsequent settlement of claims; developing Federal standard purchase 
specifications and Commercial Item Descriptions; standardizing 
commodities purchased by the Federal Government; cataloging items of 
supply procured by civil agencies; and ensuring continuity of supply 
operations during defense emergency conditions.
    (c) Regulations. Regulations pertaining to FSS programs are 
published in 41 CFR chapters 1 and 5; 41 CFR chapter 101, subchapters A, 
E, G, and H; and in 48 CFR chapters 1 and 5. Information on availability 
of the regulations is provided in Sec. 105-53.116.

[49 FR 24996, June 19, 1984, as amended at 51 FR 23230, June 26, 1986]



Sec. 105-53.146  [Reserved]



Sec. 105-53.147  Public Buildings Service.

    (a) Creation and authority. The Public Buildings Service (PBS), 
headed by the Commissioner, Public Buildings Service, was established on 
December 11, 1949, by the Administrator of General Services to supersede 
the Public Buildings Administration, which was abolished by the Federal 
Property and Administrative Services Act of 1949.
    (b) Functions. PBS is responsible for the design, construction, 
management, maintenance, operation, alteration, extension, remodeling, 
preservation, repair, improvement, protection, and control of buildings, 
both federally owned and leased, in which are provided housing 
accommodations for Government activities; the acquisition, utilization, 
custody, and accountability for GSA real property and related personal 
property; representing the consumer interests of the Federal executive 
agencies before Federal and State rate regulatory commissions and 
providing procurement support and contracting for public utilities 
(except telecommunications); the Safety and Environmental Management 
Program for GSA managed Government-owned and-leased facilities; 
providing for the protection and enhancement of the cultural environment 
for federally owned sites, structures, and objects of historical, 
architectural, or archaeological significance; ensuring that Federal 
work space is used more effectively and efficiently; providing 
leadership in the development and maintenance of needed property 
management information systems for the Government; and coordination of 
GSA activities towards improving the environment, as required by the 
National Environmental Policy Act of 1959.
    (c) Regulations. Regulations pertaining to PBS programs are 
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapters D and H; 
and in 48 CFR chapter 1. Information on availability of the regulations 
is provided in Sec. 105-53.116.

[48 FR 25200, June 6, 1983, as amended at 49 FR 24996, June 19, 1984; 52 
FR 23658, June 24, 1987]

[[Page 256]]



                       Subpart C--Regional Offices



Sec. 105-53.150  Organization and functions.

    Regional offices have been established in 11 cities throughout the 
United States. Each regional office is headed by a Regional 
Administrator who reports to the Associate Administrator for Operations 
and Industry Relations. The geographic composition of each region is 
shown in Sec. 105-53.151.

[54 FR 26742, June 26, 1989]



Sec. 105-53.151  Geographic composition, addresses, and telephone numbers.

            Regional Offices--General Services Administration

                           Region and Address

    No. 1. (Comprising the States of Connecticut, Maine, Massachusetts, 
New Hampshire, Rhode Island, and Vermont); Boston FOB, 10 Causeway 
Street, Boston, MA 02222. Telephone: 617-565-5860.
    No. 2. (Comprising the States of New Jersey and New York, the 
Commonwealth of Puerto Rico, and the Virgin Islands); 26 Federal Plaza, 
New York, NY 10278. Telephone: 212-264-2600.
    No. 3. (Comprising the States of Maryland, Virginia (except those 
jurisdictions within the National Capital Region boundaries), West 
Virginia, Pennsylvania, and Delaware); Ninth and Market Streets, 
Philadelphia, PA 19107. Telephone 215-597-1237.
    No. 4. (Comprising the States of Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee); 
75 Spring Street, SW., Atlanta, GA 30303. Telephone: 404-331-3200.
    No. 5. (Comprising the States of Illinois, Indiana, Michigan, 
Minnesota, Ohio, and Wisconsin); 230 South Dearborn Street, Chicago, IL 
60604. Telephone: 312-353-5395.
    No. 6. (Comprising the States of Iowa, Kansas, Missouri, and 
Nebraska); 1500 East Bannister Road, Kansas City, MO 64131. Telephone: 
816-926-7201.
    No. 7. (Comprising the States of Arkansas, Louisiana, New Mexico, 
Oklahoma, and Texas); 819 Taylor Street, Fort Worth, TX 76102. 
Telephone: 817-334-2321.
    No. 8. (Comprising the States of Colorado, Montana, North Dakota, 
South Dakota, Utah, and Wyoming); Building 41, Denver Federal Center, 
Denver, CO 80225. Telephone: 303-236-7329.
    No. 9. (Comprising Guam and the States of Arizona, California, 
Hawaii, and Nevada); 525 Market Street, San Francisco, CA 94105. 
Telephone : 415-974-9147.
    No. 10. (Comprising the States of Alaska, Idaho, Oregon, and 
Washington); GSA Center, Auburn, WA 98001. Telephone: 206-931-7000.
    National Capital Region. (Comprising the District of Columbia; 
Counties of Montgomery and Prince Georges in Maryland; and the City of 
Alexandria and the Counties of Arlington, Fairfax, Loudoun, and Prince 
William in Virginia); Seventh and D Streets, SW., Washington, DC 20407. 
Telephone: 202-472-1100.

[51 FR 23231, June 26, 1986, as amended at 52 FR 23658, June 24, 1987; 
53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989]



PART 105-54--ADVISORY COMMITTEE MANAGEMENT--Table of Contents




Sec.
105-54.000  Scope of part.

                  Subpart 105-54.1--General Provisions

105-54.101  Applicability.
105-54.102  Definitions.
105-54.103  Policy.
105-54.104  Responsibilities.

         Subpart 105-54.2--Establishment of Advisory Committees

105-54.200  Scope of subpart.
105-54.201  Proposals for establishing advisory committees.
105-54.202  Review and approval of proposals.
105-54.203  Advisory committee charters.
105-54.203-1  Preparation of charters.
105-54.203-2  Active charters file.
105-54.203-3  Submission to Library of Congress.
105-54.204  Advisory committee membership.

             Subpart 105-54.3--Advisory Committee Procedures

105-54.300  Scope of subpart.
105-54.301  Meetings.
105-54.302  Committee records and reports.
105-54.303  Fiscal and administrative provisions.
105-54.304  Cost guidelines.
105-54.305  Renewal of advisory committees.
105-54.306  Amendment of advisory committee charters.
105-54.307  Termination of advisory committees.
105-54.308  Responsibilities of the Administrator.
105-54.309  Added responsibilities of service and staff office heads and 
          regional administrators.
105-54.310  Advisory committee duties of the GSA Committee Management 
          Officer.
105-54.311  Complaint procedures.

[[Page 257]]

                        Subpart 105-54.4--Reports

105-54.400  Scope of subpart.
105-54.401  Reports on GSA Federal Advisory Committees.

    Authority: Pub. L. 92-463 dated October 6, 1972, as amended; and 5 
U.S.C. 552.

    Source: 53 FR 40224, Oct. 14, 1988, unless otherwise noted.



Sec. 105-54.000  Scope of part.

    This part sets forth policies and procedures in GSA regarding the 
establishment, operation, termination, and control of advisory 
committees for which GSA has responsibility. It implements the Federal 
Advisory Committee Act (Pub. L. 92-463), which authorizes a system 
governing the establishment and operation of advisory committees in the 
executive branch of the Federal Government, and Executive Order 11686 of 
October 7, 1972, which directs the heads of all executive